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

Convention (n° 81) sur l'inspection du travail, 1947 - Qatar (Ratification: 1976)

Autre commentaire sur C081

Observation

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The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year and the annual labour inspection report for 2019 submitted by the Government (see Articles 3, 5(a), 7, 10, 9, 12, 13, 16, 17, 18 and 21(e) below), as well as on the basis of the information at its disposal in 2019.

COVID-19 measures. The Committee appreciates the efforts of the Government to provide information in its report regarding various measures taken in 2020 in the context of the COVID-19 pandemic, including the monitoring undertaken by the Occupational Safety and Health (OSH) Unit of the Labour Inspection Department, through periodic and surprise inspections. The Government provides information on the implementation of awareness-raising and information campaigns, the establishment of inter-ministerial working groups and the creation of a hotline service to receive complaints and observations from workers.

Technical cooperation. Following its previous comments, the Committee welcomes the information in the Government’s report concerning the progress achieved in the context of the technical cooperation programme between the Government and the ILO (2018–20), particularly the second pillar which concerns improving the labour inspection and OSH systems. In this respect, the Committee notes with interest the adoption of the labour inspection policy in April 2019. This policy was developed on the basis of the Assessment of the Qatar Labour Inspection System, prepared by the Ministry of Administrative Development, Labour and Social Affairs and the ILO. The policy includes the collection of data, the implementation of an evidence-based strategy and measures to ensure transparency and accountability of inspections. The Committee notes the information provided by the Government in its supplementary report that it is working on the implementation of the policy, which has been disseminated among all labour inspectors, and that the strategy for implementation focuses on data collection and analysis, and continuous capacity-building of inspectors. The Committee requests the Government to continue to provide detailed information on the measures taken in the context of the ongoing technical cooperation to strengthen the implementation of the Convention, including on the implementation of the labour inspection policy.

Articles 3, 12 and 16 of the Convention. Sufficient number of labour inspections and coverage of workplaces. The Committee previously urged the Government to pursue its efforts with respect to strategic planning and the development of a modern strategic inspection plan. In this respect, the Committee notes with interest the Government’s indication that in March 2019, the strategic unit of the labour inspectorate became operational and began working on developing a modern strategic inspection plan. The Government indicates, in response to the Committee’s previous request on the establishment of priorities, that priorities and objectives for inspections have been identified related to recurrent issues, particularly the prevention of falls from heights and the payment of wages.

The Committee notes the Government’s statement that in 2018, 21,178 undertakings were inspected, with a total of 43,366 inspection visits (compared with 44,550 inspections conducted in 2016). This included 19,328 labour inspection visits, 22,736 OSH inspection visits, and 1,302 inspection visits on wage protection. According to the information in the annual labour inspection report for 2019, 21,644 undertakings were inspected in 2019, with a total of 43,842 inspection visits (21,763 concerning working conditions and 22,079 concerning OSH). The Committee also notes the information provided in response to its previous comments, that most inspections on labour and on OSH did not detect any violations, but that 100 per cent of the wage protection inspections disclosed violations. The inspection visits resulted in: 1,419 infringement reports in 2018 and, for 2019, 235 such reports for OSH and working conditions and 2,318 reports related to the wage protection system; 6,548 warnings to remedy an infringement in 2018 and 8,127 in 2019; 797 suspensions of transactions with the Ministry of Administrative Development, Labour and Social Affairs in 2018 and 495 suspensions in 2019; and 3,524 cases where guidance was provided in 2018 and 3,509 cases in 2019. The information provided by Government indicates that approximately 70 per cent of visits in 2018 and 2019 did not detect any violations (31,078 inspections in 2018 and 30,357 such inspections in 2019 all in the labour and OSH areas).

The Committee takes due note of the information in the annual labour inspection report of 2019 that measures with immediate enforcement were taken in 1,070 cases concerning working conditions and 495 concerning OSH in 2019. The Committee also notes the information in the Government’s supplementary report that between 1 January and 31 August 2020, 19,117 inspection visits to work sites were carried out (resulting in the issuance of 4,945 infringement reports), as well as 4,500 inspection visits to workers’ accommodation (resulting in the issuance of 1,915 infringement reports), and transactions were suspended for 19,131 companies.

The Committee also notes the statement in the Assessment of the Qatar Labour Inspection System that at present, employers are sometimes given prior notice of inspections, either because the inspectors require more information on the location of the worksite, or to allow employers time to gather relevant documentation. The Assessment states that the practice of informing employers of imminent visits must cease, as the effectiveness of an investigation frequently depends on the unpredictability of the visit. Noting that over two thirds of OSH and labour inspection visits did not detect any violations but that all wage protection visits did, the Committee requests the Government to provide information on the most frequent categories of violation in the area of wage protection, as well as information regarding possible reasons for the low detection rates during labour and OSH inspections. It also requests the Government to continue to provide information on the activities of the strategic unit, including the implementation of the modern strategic inspection plan, as well as progress achieved with respect to the priorities and objectives established, including particularly on wages. Recalling that labour inspectors provided with proper credentials shall be empowered to enter freely and without previous notice any workplace liable to inspection in accordance with Article 12, it requests the Government to continue to provide information on the total number of inspections undertaken, as well as on the outcome of these visits, and to specifically indicate the number of these inspections that were unannounced and those that were undertaken with prior notice.

Articles 5(a), 17, 18 and 21(e). Effective cooperation between the labour inspectorate and the justice system, legal proceedings and effective enforcement of adequate penalties. The Committee previously noted that labour inspectors, upon detecting non-compliance, draw up infringement reports which are then referred to the courts for further action. It noted that the outcome of most inspections was no further action. It also noted that the technical cooperation programme included a review of relevant legislation in order to strengthen the enforcement powers of labour inspectors.

In this respect, the Committee welcomes the Government’s indication that plans are under way, in the context of the ongoing technical cooperation, to strengthen enforcement mechanisms and to provide labour inspectors with enhanced enforcement powers. The Government states that labour inspectors will be provided with clear guidance to follow, including the identification of situations requiring immediate action, such as the suspension of activities or the adoption of other stringent enforcement measures to address non-compliance. The Committee also notes the number of infringement reports referred to courts in 2019 was 235 related to working conditions and OSH and 2,318 under the wage protection system. It once again observes that no information on the outcome of these cases has been provided, but notes the Government’s statement, in reply to the Committee’s previous request, that work is under way to provide these statistics. The Committee further notes the statement in the Assessment of the Qatar Labour Inspection System that the Labour Inspection Department does not have readily available information on penalties, fines or imprisonment imposed by the judiciary and that inspectors had expressed frustration with the judiciary’s failure to inform them of the outcome after their referral of a company for court proceedings. In this respect, it notes with interest the Government’s reference to a Memorandum of Understanding between the Ministry of Administrative Development, Labour and Social Affairs and the Supreme Judicial Council, which aims to establish electronic information sharing on the cases referred to courts, the judgments handed down, and relevant appeals. The Committee notes the information in the Government’s supplementary report that the Memorandum also includes the possibility of sharing copies of employment contracts and information on the transfer of wages. The Government indicates that the Memorandum constitutes a first step towards improving cooperation and efficiency, helping litigants and providing support to workers in the country. The Committee urges the Government to continue to pursue its efforts, in the context of the ongoing technical cooperation programme, to strengthen the effectiveness of enforcement mechanisms, including measures to provide enhanced enforcement powers to labour inspectors. It requests the Government to continue to provide specific information on the measures taken to promote effective collaboration between the labour inspectorate and the judicial system, including the implementation of the Memorandum of Understanding. It once again urges the Government to provide information on the outcome of cases referred to the judiciary by labour inspectors through infringement reports, including the penalties imposed and fines collected by virtue of the Labour Law and the legal provisions to which they relate.

Articles 5(a), 9 and 13. Labour inspection in the area of OSH. The Committee previously noted that, pursuant to section 100 of the Labour Law, inspectors have the authority to prepare an urgent report, to be referred to the Minister, if they detect an imminent danger in the workplace. These reports will result in the Minister issuing a decision of partial or total closure until the hazard is removed. It requested information on the number of such reports issued, as well as on the number of occupational accidents, including fatal occupational accidents, and the occupation or sector concerned.

The Committee notes the information provided by the Government in response to its previous request that 22,736 OSH inspections were undertaken in 2018, and 22,079 such visits in 2019 (compared with 14,526 such visits in 2016). It notes the information provided on a number of measures taken by the labour inspectorate related to improving OSH, including: (i) the involvement of the labour inspectorate in the development of a national OSH policy, which will cover data analysis and collection; (ii) preventative activities undertaken by the OSH Department of the labour inspectorate to address heat stress, including targeted inspections on hours of work during the summer; (iii) awareness-raising workshops and an OSH conference to celebrate national OSH day; and (iv) further training for inspectors on OSH issues. The Government indicates that the construction sector remains a priority, and that in the context of the Memorandum of Understanding with Building and Wood Workers’ International (BWI), 13 joint inspections were carried out. The Committee notes the information in the 2019 annual labour inspection report that there were 117 fatal occupational accidents in 2019 (compared with117 in 2017 and 123 in 2018), and it observes that the statistics provided on accidents in the annual labour inspection report are not disaggregated by occupation or sector. It also notes an absence of information on the implementation in practice of closure decisions pursuant to section 100 of the Labour Law, and notes the information in the Assessment of the Qatar Labour Inspection System that the approval process from the Minister to halt activities usually takes two to three days.

The Committee further notes the information provided concerning the implementation of the National Action Plan on Heat Stress between June and August 2020 by the OSH Unit. This included an inspection campaign which resulted in the closure of 263 work sites for violations of the Ministerial Decree on heat stress and working hours. In addition, the Committee notes the Government’s indication that it has strengthened the monitoring of workers’ accommodation with a view to protecting their health and safety. In this respect, the Committee notes that in 2020 the Labour Law was amended to add specifically that housing provided for workers by employers must meet the conditions and specifications in the relevant Ministerial Decision (Ministerial Order No. 18 of 2014 Setting the Conditions and Specifications of Workers’ Accommodations) (section 106bis) and to establish applicable penalties for non-compliance (section 145bis). The Committee urges the Government to continue taking immediate and time-bound measures to address the number of fatal occupational accidents, including further measures to strengthen the capacity of labour inspectors with respect to the monitoring of OSH, particularly in the construction sector. The Committee requests the Government to continue to provide information on the number of occupational accidents, including fatal occupational accidents, and to ensure that this information is disaggregated by occupation or sector. It also requests the Government to continue to provide information on the number and type of OSH inspection visits undertaken and on measures taken to enforce the legislation on heat stress. It requests the Government to provide information on the number of violations detected, the number of infringement reports issued and, in particular, the information previously requested concerning the follow-up given by the judicial authorities to such infringement reports, as well as information on the application of sections 106bis and 145bis of the Labour Law. It further requests the Government to continue to provide information on the joint inspections undertaken with the BWI, including the modalities of these inspections and how the targets of these inspections are selected. Lastly, the Committee requests the Government to provide further detailed information on the implementation in practice by labour inspectors of the power to make orders requiring measures with immediate executory force in the event of imminent danger to the health or safety of the workers, indicating the number of urgent reports and closure decisions issued under section 100 of the Labour Law, and separately under the Ministerial Decree on heat stress and working hours, disaggregated by occupation and sector.

Articles 7 and 10. Recruitment and training of labour inspectors and the effective discharge of their duties. The Committee takes due note that one of the focuses of the labour inspection policy is the establishment of a learning and development framework for labour inspectors. In this regard, the Committee notes with interest the detailed information provided by the Government on the development of a four-year strategic training plan 2019–22 by the labour inspectorate’s strategic unit, which includes three training tracks. It also notes the information provided for 2018 on the number of study visits and training courses, their content, and the number of participants. The Committee further notes the Government’s indication that it will strengthen the capacity of inspectors in the preparation and writing of reports, and concerning the issuance of infringement reports. In addition, the Committee notes the information in the annual labour inspection report that in 2019, 200 inspectors received training on inspection skills, and 196 received training on labour legislation. It further notes the Government’s indication in its supplementary report that the implementation of the strategic training plan was temporarily suspended due to the COVID-19 pandemic, but resumed with remote training on forced labour in July 2020 and on occupational safety and health in October 2020.

In addition, it notes the Government’s indication, in response to the Committee’s previous request on recruitment, that it plans to develop specific standards, qualifications and requirements for newly recruited inspectors, and that new inspectors will follow a specialized introductory training track. Lastly, the Committee notes the information in the 2019 annual labour inspection report that there are four interpreters who work with inspectors. It notes in this respect the statement in the Assessment of the Qatar Labour Inspection System that the number of interpreters working with the inspectorate should be increased. The Committee requests the Government to continue to pursue its efforts to ensure that inspectors receive adequate training for the performance of their duties. In this respect, it requests the Government to continue to provide information on the implementation of the strategic training plan 2019–22, specifying the number of labour inspectors that received training, the duration of such training, the subjects covered, and whether it was induction or continuous training. It requests the Government to continue to provide information on its planned development of standards for the recruitment of inspectors, as well as the introductory training provided to new inspectors. The Committee further requests the Government to continue to provide information on measures taken to ensure the recruitment of labour inspectors and of interpreters able to speak the languages of migrant workers, and to indicate the different languages for which the interpreters provide assistance.

The Committee is raising other matters in a request addressed directly to the Government.