Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 81) sur l'inspection du travail, 1947 - Emirats arabes unis (Ratification: 1982)

Autre commentaire sur C081

Observation

Demande directe

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Article 3(1) and (2) of the Convention. Additional duties entrusted to labour inspectors related to immigration. In its previous comments, the Committee requested the Government to indicate whether the practice of joint inspection visits carried out with the police units of the Ministry of the Interior continued.

The Committee notes that the Government indicates in its report that inspection visits are carried out separately from the police units of the Ministry of the Interior. It also notes the Government’s indication that coordination with the Ministry of the Interior only takes place if crimes related to forced labour or human trafficking are suspected. The Committee further notes the Government’s reference, in response to its previous request concerning migrant workers in an irregular situation, to the “Protect Yourself by Changing your Legal Status” initiative launched by the Minister of Interior in 2018, in collaboration with the Ministry of Human Resources and Emiratization (MOHRE). The Government indicates that as a result of this campaign, 286,086 applications were submitted and approved to regularize the situation of workers who were in breach of the Federal Act concerning the entry of migrants into the country and their residence. The Committee also notes the information on the awareness-raising activities of the MOHRE, including the establishment of labour guidance services in 2018 to provide guidance to employers and workers on labour legislation and the issuance of work permits, contracts and certificates, among other matters. Lastly, it notes the Government’s indication in its report submitted in 2020 that the awareness-raising activities continued despite the temporary closure of the guidance centres during the COVID-19 health crisis, through text messages and social media informing workers about virus prevention measures. The Committee requests the Government to continue to provide information on the role of labour inspectors in informing migrant workers about their labour rights. Taking due note of the number of workers regularized, it further requests the Government to continue to provide detailed information on the number of requests made to change the legal status of migrant workers under the above-mentioned initiative, as well as the number of such requests approved. Further, noting the Government’s indication that the number of joint inspections with the Ministry of Interior is limited, the Committee requests the Government to provide information on the number of such joint initiatives undertaken.

Articles 3(1)(a) and (b), 5(a), 13, 14, 21(f) and (g). Activities of the labour inspectorate in the area of occupational safety and health (OSH) and availability of statistics on industrial accidents and cases of occupational disease. The Committee notes the information provided by the Government, in reply to its previous request, that the MOHRE is working with several health authorities in the country to exchange information on occupational injuries and diseases. In this respect, it notes with interest that the annual labour inspection reports submitted in 2019 and 2020 contain information on the number of occupational injuries nationwide in 2018 and 2019. It also notes the information in the annual report on the measures taken following receipt of notification of an occupational injury, namely: (i) an inspection of the enterprise where the occupational injury was reported to verify the accuracy of the notification; (ii) if the injury is minor, the notification is recorded and subsequently filed; (iii) if the injury is serious, a medical report is issued by a medical committee; (iv) the MOHRE safeguards the rights of the injured person to treatment, medical leave, material assistance and compensation; and (v) the case is followed up six months after the first visit to assess the situation. The Committee further notes the statement in the annual report that statistics of occupational diseases are not available. The Committee requests the Government to strengthen its efforts to improve the detection of cases of occupational diseases as well as their notification to the labour inspectorate, and to ensure that the relevant statistical information is reflected in the annual labour inspection report. It requests the Government to continue to provide information on the number and nature of occupational injuries, as well as the progress made with the establishment of the electronic system for the exchange of information between the MOHRE and health authorities concerning occupational accidents and diseases.

Articles 5(a), 7(3), 17, 18 and 21(e). Measures to promote cooperation between the labour inspection services and the judicial system. Effective enforcement of sufficiently dissuasive penalties. The Committee notes the Government’s indications, in reply to its previous request on the establishment of electronic systems connecting the labour inspectorate and the justice systems in all Emirates, that work is under way to develop the Electronic Referral System to enable the sharing of information and to ensure that all cases are dealt with.

The Committee notes that 4,898 cases concerning legal provisions on non-payment of wages were referred to the Public Prosecutor’s Office in 2018. It further notes that 13,733 cases, mostly related to non-payment of wages and violation of labour requirements were referred to the courts in 2019. Of these, 1,140 violations were settled prior to a court judgment, by payment of 358,803,706 Emirati dirhams (approximately US$97,700,124) to 80,633 workers, and court judgements handed down by the Labour Court resulted in the application of almost 5 million dirhams (approximately US$1.4 million) in fines in 2018 and 7,631,816 dirhams (approximately US$2,078,098) in 2019. The Committee further notes the information provided by the Government on the measures taken by the MOHRE to follow up on offending enterprises include sending text messages and alerts to enterprises that are in arrears in the payment of wages (prior to their referral to Public Prosecution), as well as sending electronic requests to the judicial authorities and the Public Prosecution for measures including issuing travel bans for the enterprise’s managers; requesting a court order to seize the enterprise’s assets; and issuing a decree on the liquidation of the bank guarantees that had been collected when the enterprise first hired the workers. The Committee also notes the Government’s indication that according to data from the Smart Inspection System, 1,142 violations were detected, mostly related to the delayed payment of wages. Consequently, 365,584,528 dirhams (approximately US$99,546,501) were recovered and paid to the workers in 2018 and 32,329,146 dirhams (approximately US$8,803,034) in 2019. The Committee requests the Government to continue to provide information on the cases referred to the public prosecutor by labour inspectors, including the number of cases referred, the legal provisions concerned, the legal proceedings initiated as a result, and their outcome. In this respect, it requests the Government to provide information on the number of cases referred to the Labour Courts that resulted in the application of penalties, as well as the penalties imposed and the fines collected. Taking due note of the information provided concerning the enforcement related to the non-payment of wages, the Committee also requests the Government to provide information on any legal proceedings initiated concerning other subjects, and their outcomes. Lastly, the Committee requests that the Government provide information on the progress made with the establishment of electronic systems connecting the labour inspectorate and the justice system in all Emirates.

Articles 16, 20 and 21. Collection of statistics to enable the planning of labour inspection activities with a view to achieve improved coverage. Regular communication to the ILO of an annual report on the work of the labour inspection services. The Committee notes the detailed information in the labour inspection report for 2018, submitted with the Government’s report. It also notes the Government’s response to the Committee’s request on the coverage of labour inspection visits, that in 2019 337,198 workplaces employing 5,094,783 workers were liable to inspection and that of these, 215,605 inspection visits were made to 212,463 companies in 2019 (up from 211,653 inspection visits to 115,517 companies in 2018). The Committee requests the Government to provide information on the publication of the labour inspection report, in accordance with Article 20(1) of the Convention. It requests the Government to continue to ensure that the labour inspection report, containing all the information referred to in Article 21, is transmitted to the Office on an annual basis.