Labour Inspection Convention, 1947 (No. 81) - Bahrain (Ratification: 1981)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 1, 2 and 4 of the Convention. Reorganization of the labour inspection services. The Committee notes the information provided by the Government concerning the organizational chart of the new Labour Inspection Department, which contains the structure of the labour inspection services at the central and regional levels. The Committee takes note of this information, which addresses its previous request.

Articles 3(1) and 14. Enforcement of legal provisions concerning occupational safety and health. Notification of industrial accidents and cases of occupational disease. The Committee notes that sections 5 to 10 of Ministerial Order No. 12 of 2013 concerning the Notification Procedures on Occupational Accidents and Diseases regulate the procedure for the notification of occupational diseases. However, the Committee notes that the annual labour inspection reports do not contain information on the number of occupational diseases notified to labour inspectors. The Committee also notes that, according to the 2021 labour inspection report, there has been an increase in the number of occupational fatalities in the year 2021 (21 compared to 12 in 2020 and 16 in 2019), of which 15 occurred in the construction sector. This sector also reports the highest number of accidents compared with other sectors (out of 250 accidents, 94 were reported in the construction sector in 2021). The Committee requests the Government to provide information on the practical application of the procedure for the notification of occupational diseases foreseen in Ministerial Order No. 12 of 2013, including statistical information on the number and nature of occupational diseases.The Committee also requests the Government to provide information on the measures taken in order to ensure the monitoring and enforcement of occupational health and safety provisions in the construction sector, including any preventive activities undertaken by labour inspectors.

Article 7(3). Training of labour inspectors. The Committee notes the information provided by the Government regarding the training programmes for labour inspectors which provide for the development of basic skills (including subjects like the art of negotiation and persuasion, solving problems, etc) and specialist sessions on labour law. However, the Committee notes that the Government does not provide information on training that relates to responding to complaints from domestic workers or other workers in non-traditional workplaces and to addressing the identification of gender discrimination. Noting its comment under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee reiterates its request that the Government provide specific information on training related to (i) responding to complaints from domestic workers or other workers in non-traditional workplaces and (ii) addressing the identification of gender discrimination.

Article 13(2)(b) and 3. Preventive functions of labour inspectors. The Committee notes the Government’s indication that labour inspectors have the authority to decide to suspend work in places where there is an imminent danger to the safety of workers, by the administrative means established in the Ministry of Labour and Social Development. The Government also indicates that a worker has the right to withdraw from the workplace if he believes for a reasonable cause that he is likely to be exposed to an imminent danger that constitutes an immediate threat to his life or health, provided he shall immediately notify the employer or whoever acts on the employer’s behalf with respect to such action. However, the Committee observes that only two suspension measures were taken in 2017 and that no information about suspension measures is provided in the subsequent annual labour inspection reports. The Committee notes that section 174 (b) of the Labour Law in the Private Sector (No. 36 of 2012) is still in force. According to this provision the Ministry of Industry, Commerce and Tourism, on the basis of the reports drawn up by labour inspectors, is responsible for ordering measures with immediate executory force in the case of imminent danger to the safety or health of workers. The Committee requests the Government to provide information on the measures taken in order to ensure that labour inspectors are empowered to take steps with a view to remedying defects observed in plant, layout, or working methods which they have reasonable cause to believe constitute a threat to the health or safety of the workers, in accordance with Article 13(2)(b) of the Convention. The Committee also requests the Government to provide more information on the administrative means established by the Ministry of Labour and Social Development which would allow labour inspectors to suspend work in places where there is an imminent danger to the safety of workers. In addition, it requests the Government to provide statistics on measures with immediate executory force adopted by labour inspectors.

Article 15. Obligations of inspectors. The Committee notes the information provided by the Government that an inspection visit made in response to a complaint is conducted in absolute confidentiality and that this is ensured by including the visit due to a complaint on the list of regular inspection visits. The Government indicates that during the inspection, labour inspectors examine all documents relating to the complaint, without disclosing the cause of it, in order to confirm the veracity of the complaint. The Committee takes note of this information, which addresses its previous request.

Articles 20 and 21. Publication and content of annual inspection reports. The Committee notes that the labour inspection reports for the years 2019 to 2021 were sent by the Government with its report. The Committee also notes that these reports contain information on the labour inspection staff (Article 21(b)), statistics of inspection visits (Article 21(d)), violations (Article 21(e)) and industrial accidents (Article 21(f)). The Committee welcomes the detailed information provided in these reports but notes that they do not contain statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)), of penalties imposed (Article 21(e)) and of cases of occupational diseases (Article 21(g)). The Committee requests the Government to take the necessary measures to ensure that the annual labour inspection reports contain information on each of the matters dealt with in Article 21(a)–(g) of the Convention.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the General Federation of Bahrain Trade Union (GFBTU) received on 31 August 2022.

Article 3(1) and (2) of the Convention. Labour inspection activities concerning the enforcement of the legislation in relation to the employment of foreign workers. The Committee notes the Government’s indication that the task of receiving notices by employers about foreign workers who have left their employment is assigned to the Labour Market Regulatory Authority (LMRA), according to the 2006 Labour Market Regulations Act No. 19. The Government indicates that the labour inspection service in the Ministry of Labour and Social Development has no functions or responsibilities in respect of the notices submitted by employers concerning expatriate workers who have left their employment in violation of the terms of the work permit. In this regard, the Government refers to Decision No. 77 of 2008 which provides that an employer is required to notify the LMRA in the event that a foreign worker leaves his employment in violation of the terms of the work permit, so that the work permit granted to that worker can be cancelled. The Government indicates that the notices concerning the departure of expatriate workers were recorded by the labour inspection system until 2014, but that after that date the LMRA was assigned this task.

The Committee also notes that, according to the Government, in order to protect the rights of the worker in an irregular situation, the existence of an employment relationship must be proven, which is burdensome for foreign workers. The Government adds that workers are afraid to identify themselves to authorities such as labour inspectors. The Government indicates that the labour inspectors do not exempt employers from their responsibilities towards workers in their employment, requiring them to ensure all rights granted to workers by law. The Committee requests the Government to provide information on specific measures undertaken by labour inspectors to monitor and enforce the rights of migrant workers found to be in an irregular situation, including the provision of information and advice, in particular where these workers are subject to a deportation or expulsion order. In this regard, the Committee requests the Government to provide information on the number of cases in which foreign workers in an irregular situation have been granted their due rights, including unpaid wages and benefits.

Articles 10, 11 and 16. Sufficient number of inspectors and effectiveness of the labour inspection system. The Committee notes that, according to the annual report for 2021, there are six labour inspectors for the commerce sector and six labour inspectors for the industry and construction sectors, resulting in a total of 12 inspectors, compared to 45 inspectors in 2011. In its observations the GFBTU indicates that the total number of inspectors is very low in comparison to the number of establishments. In particular, the GFBTU indicates that there are only ten inspectors while there are about 80.000 enterprises in the country, a proportion that highlights the urgent need to increase the number of inspectors to ensure sufficient coverage of all workplaces. Concerning the material means allocated to labour inspectors, the Government indicates that inspectors are provided with administrative offices equipped with modern means of communication and devices and other equipment required to perform their functions. The Committee also notes the Government’s indication that labour inspectors receive a communication and travel allowance for the performance of their duties. The Committee urges the Government to take the necessary measures so that the number of labour inspectors is sufficient to ensure that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. The Committee requests the Government to indicate the reasons for the decrease in the number of inspectors and the specific measures taken or envisaged for the recruitment of new labour inspectors.

Article 17. Effective enforcement of penalties for the violation of labour law provisions. The Committee notes the Government’s indication that section 15 of the Ministerial Order No. 29 of 2013 provides that inspection visits must be repeated on a number of occasions before a violation report is issued. The Government indicates that in case of infringements the labour inspectors first issue a warning to the employer with a deadline for compliance of no more than one month from the inspection visit. A follow up inspection is then conducted at the expiration of such deadline and if no progress is recorded, the labour inspectors report the violation. The Government notes that the low number of violation reports issued in comparison to the number of inspections is due to the follow-up work of inspectors and to the corrective measures adopted by employers after the warning.

In this regard, the Committee notes from the Government report that labour inspectors carried out 2.727 inspection visits in 2021, but that only 74 violation reports were issued, and that the number of violations identified has been very low in relation to the number of inspections for several years. The Committee recalls that according to Article 17(2) of the Convention, it shall be left to the discretion of labour inspectors to give warning and advice instead of instituting or recommending proceedings, but also that Article 17(1) provides for the possibility of prompt legal proceedings with respect to persons who violate or neglect to observe legal provisions enforceable by labour inspectors. The Committee requests the Government to take the necessary measures in order to ensure compliance with this Article of the Convention. In that regard, the Committee requests the Government to provide information on the number and type of infringements detected and the measures adopted by labour inspectors, including statistics on the number of warnings and violation reports issued.

Article 18. Provision of adequate penalties for violations of the legal provisions enforceable by labour inspectors. The Committee notes the Government’s indication that the Labour Law in the Private Sector (Law No. 36/2012) provides for penalties for violations of Part Six of the law, concerning wages. The Committee notes that this law does not contain provisions for penalties in case of violations of Part Seven (Hours of Work and Periods of Rest) and Part Eight (Holidays) of the Labour Law. The Committee requests the Government to take the necessary measures to ensure that adequate penalties are provided for by national laws or regulations in relation to all violations of the legal provisions that are enforceable by labour inspectors.

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 1, 2 and 4 of the Convention. Reorganization of the labour inspection services. In its previous comment, the Committee noted that the Government referred to the reorganization of the labour inspectorate at the Ministry of Labour, including the strengthening of its functions in the area of occupational safety and health (OSH). The Committee notes that the Government indicates in its report that the Labour Inspection Department is composed of a Labour Inspection Unit (responsible for wages, working time and leave, etc.) and an OSH Unit. The Committee notes that the Government refers to an organizational chart, which has not been communicated with the Government’s report. The Committee requests the Government to provide a copy of the organizational chart of the new Labour Inspection Department, containing information on the structure of the labour inspection services at the central and regional levels.

Article 7(1) and (2). Recruitment procedures and qualifications for the position of labour inspector. The Committee received the information provided by the Government in reply to its previous request concerning the recruitment procedure (governed by the civil service regulations, that is employment committees evaluating the skills, capacities and academic qualifications of candidates) and the qualifications required from candidates for the position of labour inspector (provided for in sections 2 and 3 of Ministerial Order No. 29 of 2013, including among other requirements, a thorough knowledge of the Labour Code and its implementing decisions). The Committee takes note of this information.

Article 7(3). Strengthening the capacities of labour inspections. The Committee takes note of the information provided by the Government in reply to its previous request concerning the training provided to labour inspections (including subjects such as enforcement procedures, the establishment of infringement reports and computer skills). The Committee requests the Government to provide information on any aspect of training that relates to responding to complaints from domestic workers or others in non-traditional workplaces and on any training addressing the identification of gender discrimination in workplaces.

Article 12. Power of labour inspectors to enter workplaces. The Committee notes that the Government has provided the requested legal text, that is, Ministerial Order No. 29 of 2013 setting out, among other things, the rules for inspections at night and outside official working hours. The Committee takes note of this information.

Article 13(2)(b) and (3). Preventive functions of labour inspectors. The Committee previously noted that, in accordance with section 174(b) of the Labour Code (promulgated by Law No. 36 of 2012), the Ministry of Industry and Trade, on the basis of the reports drawn up by labour inspectors, is responsible for ordering measures with immediate executory force in the case of imminent danger to the safety or health of workers. In this respect, the Committee emphasized the need for expedient decisions to ensure the effective protection of workers. The Committee notes the Government’s indication that the Ministry of Labour and the Ministry of Industry and Trade are currently examining ways to avoid delays in the application of protective measures with immediate executory force, insofar as they may be caused by the procedure in place and the responsibility of the Ministry of Industry and Trade. The Committee requests the Government to provide further information on the steps taken to ensure that measures with immediate executory force in the event of imminent danger to the health and safety of workers are taken without delay so as to protect workers from such danger, including examples of situations where such measures have been taken, and their results. The Committee also requests the Government to indicate, whether consideration is given to the possibility of entrusting the relevant powers to the hierarchical supervisors of the labour inspectors at the Ministry of Labour.

Article 14. Notification of industrial accidents and cases of occupational disease. The Committee notes the Government’s indication, in reply to its previous request for further information in this regard, that the procedures for the notification of occupational accidents and diseases are now governed by Order No. 12 of 2013, and that the notification procedures for occupational diseases are still being elaborated. The Government adds that a special register for occupational accidents and diseases has been established at the OSH Unit at the Ministry of Labour, which is the responsible entity to receive relevant notifications. The Committee requests the Government to provide information on the progress made with respect to the elaboration and implementation of the procedures for the notification of occupational diseases.

Article 15. Obligations of inspectors. In its previous comment, the Committee requested the Government to indicate the legal provisions giving effect to this Article. In this regard, the Committee notes the Government’s reference to Ministerial Order No. 29 of 2013 governing labour inspections. The Committee notes that section 2 of this Order gives effect to Article 15(a), and that section 4 of this Order gives effect to Article 15(b). It further notes that section 12 of this Order provides that labour inspectors shall not reveal the identity of the complainant. In this respect, the Committee recalls that Article 15(c) provides not only that labour inspectors shall treat as absolutely confidential the source of any complaint, but as well that they shall treat as absolutely confidential the fact that a visit of inspection was made in consequence of the receipt of such a complaint. The Committee requests the Government to provide information on how effect is given to the obligation of labour inspectors to treat as absolutely confidential the fact that an inspection visit was made in consequence of the receipt of a complaint.

Articles 20 and 21. Publication and content of the annual report on the work of the labour inspection services. The Committee notes that the 2013 and 2014 annual labour inspection reports were communicated by the Government and that they contain a number of statistical information, including the number of labour inspection visits (disaggregated by sector), the number of workplaces concerned by these visits, and the number of infringement reports established. However, the Committee notes that these reports do not contain information on the staff of the labour inspection services (Article 21(b)), the statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)), nor on the statistics of industrial accidents and occupational diseases (Article 21(f) and (g)). The Committee requests the Government to ensure that future annual reports contain information on all the subjects listed in Article 21(a) to (g). It recalls that the Government may avail itself of ILO technical assistance, including for the establishment of registers of workplaces liable to inspection and the collection of labour inspection statistics.

The Committee also recalls its previous comments in which it noted that section 174(c) of the Labour Code promulgated by Law No. 36 of 2012 provides that an annual labour inspection report shall be published within three years from the year to which it relates, while according to Article 20(2) of the Convention, an annual report should be published within a reasonable time after the end of the year to which it relates and in any case within 12 months. Noting that the Government has not provided a reply in this regard, the Committee once again requests the Government to indicate the measures taken with a view to bringing section 174(c) of the Labour Law into line with the Convention in relation to the time limits set for the publication of an annual labour inspection report. The Committee requests the Government to also provide information on whether in practice, labour inspection reports are published within the time frame provided for in Article 20(2).

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 3(1) and (2) of the Convention. Labour inspection activities concerning the enforcement of the legislation in relation to the employment of foreign workers. In its previous comment, the Committee observed that the functions of the labour inspectorate appear to continue to include the enforcement of the legal provisions relating to the employment of foreign workers (in particular the registration of notices that foreign workers had fled from their employers) in cooperation with the authorities responsible for monitoring the nationality, passports and residence of workers, and that these activities had still resulted in the arrest of workers. The Committee further noted that there was no clear distinction between the functions of the labour inspectorate and the Labour Market Regulatory Authority (LMRA) (the body entrusted with controlling compliance with the working conditions set out in work permits of foreign workers), as both had duties linked to working conditions and the application of immigration law. The Committee requested the Government to take measures to ensure that labour inspectors would no longer be involved in workplace controls aimed at arresting, imprisoning and repatriating workers in an irregular situation from the standpoint of immigration law.

In this respect, the Committee notes the information provided by the Government in its report that measures have been taken to separate the functions of the labour inspectorate from those of the LMRA. In view of their different mandates and functions (the labour inspectorate is entrusted with controlling compliance with the provisions of the 2012 Labour Code No. 36, and the LMRA with those in the 2006 Labour Market Regulations Act No. 19), the Government emphasizes there are no joint inspection visits between these two authorities. However, the Committee notes from the information in the 2013 and 2014 annual labour inspection reports, that it appears that the labour inspectorate is still responsible for the registration of notices concerning foreign workers that have fled from their employers (the labour inspectorate received 1,783 such notices in 2013 and 1,199 in 2014). In reply to its request concerning the enforcement of the rights of foreign workers found to be in an irregular situation, the Committee notes the Government’s indication that the LMRA monitors the payment of wages of foreign workers and that it may refuse to grant additional work permits to employers who have failed to comply with the relevant legal provisions. The Committee understands from the explanations provided by the Government in its report that the LMRA only monitors the payment of wages to foreign workers in a regular situation, and does not concern workers in an irregular situation, including in such cases where they are liable to expulsion. The Committee requests the Government to provide further information on the functions of labour inspectors in relation to the notices made by employers concerning workers that are alleged to have left their employment, and urges the Government to take measures to relieve labour inspectors from any responsibilities relating to activities that are incompatible with the primary functions of labour inspectors as provided for in Article 3(1) of the Convention. The Committee once again requests the Government to specify how the labour inspectorate monitors the manner in which employers fulfil their obligations (such as working conditions, the payment of wages and other benefits due for work carried out) towards foreign workers in an irregular situation, in particular where these workers are subject to a deportation or expulsion order.

Articles 10 and 11. Number of labour inspectors and material means necessary for the effective performance of their duties. In its previous comment, the Committee noted that the number of inspectors and the material means available to them (particularly suitable offices and computers) were inadequate. It also noted that the expenses of labour inspectors when using their own cars were not always reimbursed. In this respect, the Committee notes the Government’s general reference to an increase in the number of labour inspectors and the modernization of the labour inspectorate, without providing further details. The Committee requests the Government to provide detailed information on the number of labour inspectors at the headquarters of the labour inspection departments and in the different regions, as well as on the material resources available (for example, suitably equipped offices, computers, printers, telephones, etc.), including means of transport. The Committee also once again requests the Government to provide detailed information on the reimbursement of travel expenses incurred by labour inspectors in the course of their duties.

Article 17. Effective enforcement of penalties for the violation of labour law provisions. In reply to its previous request to specify the enforcement functions of all labour inspectors working at the Labour Inspection Department, the Committee notes the Government’s indication that labour inspectors have the power to establish infringement reports concerning violations of the Labour Code and to refer criminal offences to the public prosecution. In this respect, the Committee notes from the information contained in the 2014 labour inspection report attached to the Government’s report that labour inspectors carried out 11,441 labour inspections in 2014. It further notes from the information in the same report that reference is made to 48 violations (concerning, for example, the payment of wages, compliance with working conditions in labour contracts, and the obstruction of labour inspectors in the performance of their duties), but that the report does not mention violations related to fundamental principles and rights at work and occupational safety and health. It also notes that reference was made to 17 infringement reports and that no information was provided on the number of follow-up actions taken or the penalties issued following the establishment of these infringement reports. The Committee requests the Government to provide an explanation for the low number of infringements detected (48 violations), and the low number of infringement reports issued (17) in relation to 11,441 labour inspections. The Committee also requests the Government to continue to provide detailed information on the number of violations detected, the legal provisions to which they relate (including those relating to fundamental principles and rights at work and occupational safety and health), the number of infringement reports, the number of cases brought to the courts, and the penalties imposed.

Article 18. Provision of adequate penalties for violations of the legal provisions enforceable by labour inspectors. The Committee notes that the Government has provided the requested information concerning the penalties applicable in relation to a number of labour law provisions, including those related to fundamental principles and rights at work and the obstruction of labour inspectors in their duties. The Committee notes that the maximum fine for violations of equality, non-discrimination and freedom of association provisions is set at a low level. The Committee also notes that while labour inspectors are entrusted with the control of compliance with the provisions concerning working time and wages, no penalties are provided for non-compliance with the relevant provisions in the Labour Code. The Committee requests the Government to take measures to ensure that adequate penalties are provided for by national laws or regulations in relation to all violations of the legal provisions that are enforceable by labour inspectors.

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

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

With reference to its observation, the Committee would like to raise the following additional points.

Articles 3(1) and 17 of the Convention. Functions and powers of labour inspectors. The Committee notes that in its report the Government refers to provisions of the Labour Law in the Private Sector No. 36 of 2012 (Labour Law) which reinforces the functions of labour inspectors by giving them the powers of law enforcement officers. It notes in this regard, that according to section 182 of the Labour Law, the functions of inspectors who have the capacity of law enforcement officers shall relate to the crimes committed within the scope of their jurisdiction and that there appears to be a distinction between inspectors with law enforcement powers and other labour inspectors who according to section 177 of the Labour Law appear to be confined to verifying the implementation of the provisions of the Labour Law without specifying whether they are empowered to exercise enforcement functions or to give warning or advice to employers where they deem appropriate. The Committee requests the Government to specify the functions of the various categories of labour inspectors in relation to the duties listed in Article 3 of the Convention, i.e. the enforcement of the legal provisions relating to conditions of work and the protection of workers, the supply of technical information and advice to employers and workers concerning the most effective means of complying with legal provisions, and bringing to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions. The Committee would also be grateful if the Government would specify the powers vested in the various categories of labour inspectors, especially in relation to the initiation of legal proceedings against employers found in violation of legal provisions, or giving warning or advice where deemed appropriate.

Article 7(1) and (2). Recruitment of labour inspectors. The Committee notes that according to section 177 of the Labour Law, inspectors are civil servants appointed by the Minister of Labour to carry out inspection work. It also notes that according to section 182 of the Labour Law, inspectors who have the capacity of law enforcement officers shall be appointed among civil servants by the Minister in charge of judicial affairs in agreement with the Minister of Labour.

The Committee recalls that according to Article 4 of the Convention, labour inspection should be placed under the supervision and control of a central authority and that according to Article 7 of the Convention, labour inspectors should be recruited with sole regard to their qualifications for the performance of their duties while the means of ascertaining such qualifications should be determined by the competent authority. The Committee notes in this regard, that the Labour Law does not contain any reference to the qualifications required for the appointment of labour inspectors, including for those inspectors who have the capacity of law enforcement officers. Moreover, the latter category of inspector is appointed jointly by the Minister of Labour and the Minister in charge of judicial affairs. The Committee requests the Government to specify the process applied and the qualifications required for the recruitment of labour inspectors including labour inspectors who have law enforcement powers.

Article 12. Power of labour inspectors to enter workplaces. The Committee notes that according to section 177 of the Labour Law, labour inspectors shall have the power to enter workplaces, peruse the registers of the workers and request the data, information and documents necessary for the execution of inspection functions. According to section 181 of the Labour Law, the Minister shall issue a decision organizing the inspections and setting the rules of inspections carried out at night and during non-official working hours. The Committee recalls that according to Article 12 of the Convention, labour inspectors should have the power to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. The Committee requests the Government to indicate the manner in which effect is given to Article 12 of the Convention, and to communicate a copy of any decisions issued under Article 181 of the Labour Law organizing inspections and setting the rules of inspections to be carried out at night. Please also provide information on the number of inspection visits carried out at night and their results.

The Committee also requests the Government to specify the type of documents and data requested for the execution of inspection functions during visits, in accordance with section 177.

Article 13. Preventive functions of labour inspectors. The Committee notes that section 174(b) of the Labour Law provides that the Minister in charge of the Commercial Register shall, on the basis of the report of the authority for occupational safety and health inspection, order the partial or total administrative closing of an establishment, the interruption of a specific work or the use of one or more machines in case of imminent danger threatening the establishment or the safety or health of the workers, or in case the establishment failed to draft an emergency plan, until the elimination of the danger or the drafting of the said plan. The Committee notes that according to Article 13(1) and (2)(b) of the Convention, labour inspectors must be empowered to take steps with a view to remedying defects observed in the plant, layout or working methods which they may have reasonable cause to believe constitute a threat to the health or safety of the workers and should be authorized to order measures with immediate executory force in order to protect workers in the event of imminent danger to health or safety. As provided in paragraph 114 of the 2006 General Survey on labour inspection, where national law provides that such measures ordered by labour inspectors have executory force only if they are confirmed by the hierarchical supervisor or emergency judge, the deadlines allowed for doing this should be tight, since these are preventive measures aimed at protecting workers and the public at large from imminent danger. The Committee notes that in the case of the Labour Law, it is the Minister in charge of the Commercial Register and not the hierarchical supervisor of the labour inspectors or an emergency judge who decides on the ordering of an injunction with immediate executory force. The Committee requests the Government to take the necessary measures for the review of section 174(b) of the Labour Law so that labour inspectors, either directly, or through their hierarchical supervisors or an emergency judge in the framework of rapid procedures, are empowered to take preventive measures and to order injunctions with immediate executory force in the event of imminent danger to the health or safety of the workers. The Committee requests the Government to keep the ILO informed of all measures taken in this regard.

Article 15. Obligations of inspectors. The Committee requests the Government to indicate the legal provisions concerning: (a) the prohibition of labour inspectors having any direct or indirect interest in the undertakings under their supervision; (b) the obligation of labour inspectors not to reveal any manufacturing or commercial secrets or working processes which may come to their knowledge in the course of their duties; and (c) the obligation to treat as absolutely confidential the source of any complaint as well as the fact that a visit of inspection is made in consequence of the receipt of such a complaint.

Article 18. Penalties for violations of legal provisions enforceable by labour inspectors. The Committee notes the sanctions applicable to violations of the provisions of the Labour Law introduced in Title XVII of the Labour Law (sections 183–191). It notes that sanctions for acts of discrimination against female workers and for the employment of children under the age of 15 may range between 200 and 500 Dinars per worker (sections 186–187) and that penal sanctions might be applicable (sections 194 and 197). Recalling that under Article 18 of the Convention, adequate penalties for violations of the legal provisions enforceable by labour inspectors should be provided by national laws and effectively enforced, the Committee requests the Government to specify the sanctions applicable to cases of violation of fundamental rights at work (equality and non-discrimination, freedom of association, eradication of forced labour and child labour) and to provide information on their dissuasiveness and their effective enforcement, including by furnishing copies of court decisions.

Penalties for obstructing labour inspectors. The Committee also notes that section 192 of the Labour Law provides that any party violating the provisions of Title XV of the Labour Law concerning occupational safety and health and labour inspection, shall be sanctioned by imprisonment for a period not exceeding three months and by a fine not less than 500 Dinars and not more than 1,000 Dinars. The Committee would be grateful if the Government would specify the articles concerned by this provision and indicate in particular the provisions which prohibit acts of obstruction against inspectors and the applicable sanctions.

Article 20. Annual report on the work of the inspection services. The Committee notes that section 174(c) of the Labour Law provides that an annual labour inspection report shall be published within three years from the year to which it relates. The Committee recalls that according to Article 20(2) of the Convention, an annual report should be published within a reasonable time after the end of the year to which it relates and in any case within 12 months. The Committee requests the Government to indicate the measures taken with a view to bringing section 174(c) of the Labour Law into line with the Convention in relation to the time limits set for the publication of an annual labour inspection report. The Committee however notes that the Government has already communicated to the ILO the annual labour inspection report for the year 2011. The Committee requests the Government to specify whether this report has been published, and if not, to ensure its publication.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the Government’s report, the 2011 annual report of the labour inspectorate and the 2010 annual report of the Labour Market Regulatory Authority (LMRA).

Articles 1, 2 and 4 of the Convention. Labour inspection system. The Committee notes that, according to information provided by the Government, Act No. 36 enacting the Labour Act in the private sector was adopted on 26 July 2012, and that the Minister of Labour will soon draft the implementing decisions, including those concerning the labour inspectorate, as provided for under section 173(1) of the new Act. The Committee also notes that, according to the Government, the new Labour Act places greater emphasis on the labour inspectorate as a result of the reorganization of the Division for Safety in the Workplace; it is now incumbent upon the Ministry to monitor employers and prompt them to apply the provisions of the new Labour Act.

The Committee notes that although the new Act seems to restrict the labour inspectorate’s competence to matters of safety and health, but that, on the other hand, it contains provisions accompanied by penalties for matters outside the area of safety and health, such as the employment of women and young people, wages, working hours and leave, labour regulation (register of workers), occupational accidents and cases of occupational disease, and the settlement of individual and collective disputes. The Committee requests the Government to specify the field of competence of the labour inspectorate and to send the Office a copy of the implementing decisions of the Labour Act concerning the labour inspectorate, as provided for under section 173(1) of the Act in question. It also asks it to send an organizational chart as well as any document and relevant report on the reorganization of the labour inspectorate and its functions.

Articles 3(1) and (2), 20 and 21. Transfer of competence for the enforcement of the legislation on the employment of foreigners and content of the annual report on labour inspection activities. With reference to its previous comments, the Committee notes the Government’s indication that competence for the enforcement of the legal provisions relating to the employment of foreign workers has been transferred to the LMRA. The Committee encouraged this transfer as it believed it would have the effect of refocusing inspection activities on working conditions and the protection of both national and foreign workers while engaged in their work. However, it would seem from the information provided in the annual inspection report, especially the statistical data contained therein, that the labour inspectorate’s functions still include the enforcement of the legal provisions relating to the employment of foreign workers, in particular the registration of notices that foreign workers have fled, in cooperation with the authorities responsible for monitoring the nationality, passports and residence of workers, and that these activities still result in the arrest of workers. The Committee also notes in the annual report of the LMRA that the main task of this body is to monitor the employment of foreign workers, but that it also looks into their working conditions as it verifies the payment of their wages electronically. The Committee therefore notes that there is no clear distinction between the functions of the labour inspectorate and the LMRA, as both have duties linked to working conditions and the application of immigration law.

In its 2006 General Survey on labour inspection, the Committee recalled, in paragraph 78, that the primary duty of labour inspectors is to protect workers and not to enforce immigration law. Given that a large proportion of inspection activities are spent on verifying the legality of the immigration status, the Committee stressed the need to ensure that additional duties, which are not aimed at securing enforcement of the legal provisions relating to conditions of work and the protection of workers, are assigned to labour inspectors only in so far as they do not interfere with their primary duties and do not in any way undermine the authority and impartiality which are necessary to inspectors in their relations with employers and workers. The Committee also pointed out that the partnership between the labour inspectorate and other bodies such as the internal and border police is not conducive to a climate of confidence, which is a prerequisite for good cooperation between the employers, workers and the labour inspectors. It must be possible for labour inspectors to be respected for their authority to report offences, and at the same time to be approachable as preventers and advisers.

The Committee therefore stressed that the function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour protection. This objective can only be met if the workers covered are convinced that the primary task of the inspectorate is to enforce the legal provisions relating to conditions of work and the protection of workers.

In this respect, the Committee notes that the labour inspectorate’s annual report merely provides statistical data on the number of inspection visits, the enterprises that were visited, the complaints lodged by the workers and records of proceedings, etc., but it does not contain any information on inspection activities relating to working conditions such as working hours, leave, wages, and the work of women, young persons and children.

The Committee requests the Government to provide information on the measures taken to separate the activities concerning foreign workers’ employment, which is a matter for the Labour Market Regulatory Authority (LMRA) and immigration authorities, from those relating to conditions of work and the protection of workers that constitute the main functions of the labour inspectorate under Article 3(1) of the Convention. The Committee hopes that the Government will take all necessary measures so that labour inspectors are no longer involved in workplace controls aimed at arresting, imprisoning and repatriating workers in an irregular situation from the standpoint of immigration law and that they effectively secure the enforcement of the legal provisions relating to conditions of work and the protection of workers (Articles 2 and 3(1) of the Convention).

Furthermore, the Committee asks the Government to specify how the labour inspectorate monitors the way in which employers fulfil their obligations (such as the payment of wages and other benefits due for work effectively carried out) towards foreign workers, including those who are in an irregular situation, and in particular when these workers are subject to a deportation or expulsion order.

Referring to its general observation of 2010, the Committee would be grateful if the Government would ensure that future annual reports of the labour inspection authority contain information on the nature of the legal provisions relating to the conditions of work on which the authority has focused (wages, hours of work, holiday, weekly rest, the employment of children and the disabled, etc.), as well as on the protection of workers while engaged in their work (non-discrimination, social security, representation of workers, etc.), without consideration of the legal situation of workers employed in the workplaces inspected.

Articles 6, 10 and 11. The number of labour inspectors and the material means and logistics necessary for them to perform their inspection duties effectively. The Committee notes in the annual labour inspection report that the conditions of service of labour inspectors are inferior to those of inspectors working in the LMRA, and there are too few of them to cover the number of workplaces liable to inspection and to carry out the tasks with which they are entrusted. It also points out that: the statistical data and electronic files specific to the labour inspectorate are lacking; the material means and logistics are inadequate, especially with respect to suitable offices for work and portable computers to facilitate the preparation of reports; and there is a need to improve the capacity of the inspectors and cover their expenses when they use their private cars. The Committee notes that, under section 173(2) of the new Labour Act, the Ministry is bound to provide the occupational safety and health inspection authority with everything it requires to fulfil its functions, including equipment and measuring devices. The Committee requests the Government to indicate the measures taken to improve the conditions of service and increase the staffing of the labour inspectorate and to place at its disposal the necessary material means and logistics to be able to carry out its duties effectively and efficiently, including service vehicles to carry out inspection visits or, failing this, to reimburse the travelling expenses.

Article 7(3). Strengthening the capacities of the labour inspection services. The Committee notes that, according to section 173(3) of the new Labour Act, the Ministry of Labour must organize specialized sessions and training programmes to improve the competencies and performance of labour inspectors and ensure that they have the required qualifications in the area of occupational safety and health. In its report, the Government voices its interest in strengthening the capacities of the labour inspectorate and refers to training activities and visits in the field organized in cooperation with the ILO. The Committee nevertheless notes that the number of participants in these training sessions is somewhat limited (two to four persons). The Committee requests the Government to send the Office details on the impact this training has had on the efficiency of the labour inspectorate and to provide information on the measures taken to improve the training of labour inspectors.

Article 14. Notification of industrial accidents and cases of occupational disease. In its previous comments, the Committee noted that under Order No. 1 of 2006, industrial accidents and cases of occupational disease must be notified by the employer not only to the Social Insurance Fund and the competent police station, in accordance with Act No. 24-76 on social insurance, but also to the Ministry of Labour. The Committee requests the Government to indicate whether the labour inspectorate receives this information and whether it is dealt with by the central inspection authority with a view to developing a policy on prevention focusing on high-risk occupations (construction, the chemical industry, the energy sector, work involving the operation of heavy machinery, activities involving overexposure to the sun, etc.). The Committee also asks the Government once again to provide details on the notification procedure for industrial accidents and cases of occupational disease and on the action taken in response to such notifications in practice. It requests it once again to provide a copy of any relevant legal text or document.

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s report received on 1 September 2010, as well as Order No. 74 of 2007 and the voluminous annual reports for 2009 of the labour inspectorate and the occupational safety and health services. As the time needed for the translation of the Order and the annual reports did not allow it to examine these documents, the Committee will examine them together with the Government’s report at its next session. However, noting that, according to the Government, the authority responsible for regulating the labour market has started assuming functions relating to the issuing and control of work permits, previously assigned to the Labour Inspectorate, meanwhile the Committee asks the Government to provide the ILO with a copy of the relevant texts.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s report for the period ending in September 2008 and the annual reports published by the labour inspection authority and the occupational safety and health authority on their respective inspection activities in 2006 and 2007. The Government has provided, as indicated in its previous report, at the request of the Committee, information and documentation allowing an assessment of the operation of the labour inspection system in practice, the progress made and the prospects for progress in the application of the following provisions of the Convention.

Article 3, paragraphs 1 and 2, and Article 20 of the Convention. Transfer of competence for the enforcement of the legislation on the employment of foreigners and content of the annual report on labour inspection activities. According to the preamble to the annual report of the labour inspection section for 2007, competence for the enforcement of the legal provisions relating to the employment of foreign workers will soon be transferred from the Ministry of Labour to the body responsible for regulating the labour market. The Committee can only firmly encourage such an initiative, which should have the effect of refocusing inspection activities on working conditions and the protection of both national and foreign workers while engaged in their work. In its 2004 direct request, the Committee noted with regret the incomplete nature of the statistical tables contained in the annual inspection report of the Division for Safety in the Workplace for 2003 and the lack of information on inspection activities relating to general conditions of work, such as hours of work, holiday, wages and the employment of women, young persons and children. It once again notes that the annual report of the labour inspectorate for 2006 mainly contains information and statistics relating to the activities carried out in the context of labour market supervision. The report also indicates that joint campaigns have been conducted with the immigration and passport police to search for illegal foreign workers and that it is regrettable that such campaigns, which result in the arrest of these persons, are not conducted as frequently as is necessary to combat the growing phenomenon of illegal immigration. According to the report, the limited prison capacity and the high cost of accommodating and repatriating workers are the main obstacles to conducting such campaigns more frequently. It therefore seems clear that labour inspectors participate in operations which are not only outside the remit of the labour inspectorate under the Convention, but also obviously contrary to the objective of the Convention of enforcing the application of legal provisions relating to conditions of work and the protection of workers while engaged in their work. The Committee requests the Government to keep the ILO informed of the progress made in transferring competence for the monitoring of the work permits of foreigners to the authority responsible for regulating the labour market so that labour inspectors are no longer involved in monitoring activities performed in workplaces aimed at arresting, imprisoning and then repatriating illegal workers. It requests the Government to provide copies of any relevant text or document.

The Committee would be grateful if the Government would ensure that future annual reports of the labour inspection authority provide information on inspection activities mainly aimed at enforcing the application of the legal provisions relating to conditions of work (wages, hours of work, holiday, weekly rest, night work by women, the employment of children and the disabled, etc.) and the protection of workers while engaged in their work (non-discrimination, social security, representation of workers, etc.), without consideration of the legal situation of workers employed in the workplaces inspected.

Reminding the Government of the guidance provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), concerning the level of detail useful in respect of the information required by Article 21, the Committee requests the Government to provide information in its next report on the application of the Convention on any measures implemented to improve the content of the reports relating to inspection activities, as well as on any difficulties encountered.

Article 14. Notification of industrial accidents and cases of occupational disease. Further to its previous comments on this matter, the Committee notes with interest that henceforth, under Order No. 1 of 2006, industrial accidents and cases of occupational disease shall be notified by the employer not only to the Social Insurance Fund and the competent police station, in accordance with Act No. 24–76 on social insurance, but also to the Ministry of Labour. It notes that the preamble to the Order refers to the present Convention. It trusts that, in accordance with Article 14 of the Convention, the labour inspectorate will receive relevant information which will be dealt with by the central inspection authority with a view to developing a policy on prevention focusing on high-risk occupations (construction, the chemical industry, the energy sector, work involving the operation of heavy machinery, activities involving overexposure to the sun, etc.). The Committee would be grateful if the Government would provide details on the notification procedure for industrial accidents and cases of occupational disease and on the action taken in response to such notifications in practice. It requests it to provide a copy of any relevant legal texts or documents.

Article 20. Impact of the publication of annual reports of the labour inspectorate and the occupational safety and health authority. The Committee would be grateful if the Government would provide information on the reactions (criticism, praise, proposals for the improvement of the inspection system, etc.) to the information published in the above annual reports by employers, workers or their representative organizations, as well as other public authorities concerned. The Government is also requested to indicate the impact of these reactions on the operation and the means of action of the labour inspection system (allocation of resources, focus of activities, inter-institutional cooperation, etc.).

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s report, the replies to its previous comments, and the statistical documents and the extract from the Social Insurance Act (sections 63-77) attached in the annexes.

1. Content of the report on the application of the Convention (report form of the Convention). The Committee observes that the information provided by the Government under each of the Articles of the Convention, including the reference texts, are too general in character to be able to evaluate in specific terms the manner in which effect is given in practice to all their provisions. It therefore requests the Government to provide any other legislative, regulatory or administrative information available, as well as any documentation which is not only useful for such an evaluation but also for determining the means to be implemented to improve the efficiency of the inspection system.

In addition, further to its previous comments, the Committee requests the Government to communicate in particular information on the following points.

2. Notification of industrial accidents and diseases (Article 14 of the Convention). The Committee notes that no provision of the version in force of Act No. 24-76 concerning social insurance provides for notification of industrial accidents and diseases to the inspection services. Under section 63 of this Act any notification in this regard is to be made to the geographically competent police station and to the General Social Insurance Organization, not only by the employer but also by the worker concerned where his condition allows. Although the General Social Insurance Organization is, under section 7, an organization supervised by the Ministry of Labour, and the layout of the relevant report form is prescribed by the latter, no copy appears to be sent to it. The Committee recalls, as emphasized in paragraph 86 of its 1985 General Survey on labour inspection, that notifying the labour inspectorate is not an end in itself but part of a more general aim of accident prevention, and its purpose is to enable the labour inspectors to conduct investigations in undertakings to establish the causes of work accidents and occupational diseases and to have steps taken to avoid their recurrence. The Government is therefore requested to take measures to establish a notification procedure in the cases and circumstances referred to by Article 14 and to inform the Office of any progress made in this regard.

3. Content and objectives of the annual inspection report (Articles 20 and 21).  The Committee notes that the many statistical tables contained in the annual report for 2003 originate solely from the Division for Safety in the Workplace of the Labour Ministry and that none of the information required by the abovementioned provisions relating to the inspection of conditions of work such as hours of work, leave, wages, women’s work, young workers and children, has been communicated. Also noting the incomplete nature of the information on the operation and results of inspection activities relating to safety and health in the workplace, the Committee invites the Government to draw the attention of the central inspection authority to the developments of paragraphs 273 ff. of the General Survey quoted above as regards the national and international objectives of the annual inspection report and to implement measures allowing the inclusion of detailed information in the annual report, as recommended by Part IV of the Labour Inspection Recommendation No. 81.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the partial information from the Government in reply to its previous comments. It also notes the table indicating the number of inspection visits carried out by sector of activity and type of visit in 2000. The Government is asked to communicate additional information on the following points.

Article 14. With regard to previous comments in which it requested the Government to supply further information on legal provisions concerning the procedure for the notification and monitoring of occupational accidents and diseases arising from the new law of 1995 on insurance, the Committee notes that this information has not been provided. It therefore asks the Government to provide it in its next report and to attach a copy of any relevant text.

Articles 20 and 21. The Committee notes that, since the 1998 report, the annual inspection reports have not been communicated. It would be grateful if the Government would take measures to ensure that the annual inspection reports concerning the subjects listed in Article 21, subparagraphs (a) to (g), are published and transmitted to the ILO within the time limits prescribed by Article 20, paragraphs 2 and 3.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's reports from 1995 and 1999, the relevant legislative and regulatory texts annexed thereto, as well as the annual reports on the activities of the safety and health service from 1995 to 1998. The Committee draws the Government's attention to the following points.

Article 14 of the Convention. The Committee notes that under section 130 of the 1976 Labour Code for the private sector a schedule of occupational diseases, indicating the branches of activities where they may be contracted, is annexed to the law on social insurance. Moreover, section 120 of this Code provided for the repeal of sections 121 to 129 regarding the procedure applicable in the event of occupational accidents and diseases following adoption of the law on social insurance. Since this was adopted in 1995, the Committee would be grateful if the Government would supply information on the provisions currently in force as regards the notification and follow-up and of cases of occupational accidents and diseases.

Article 21. The Committee notes with interest the detailed information contained in the annual inspection reports from 1995 and 1996 covering the subjects listed under Article 21(a), (b), (d), (e), (f), and also in the annual inspection reports from 1997 and 1998 on occupational diseases (g). Nevertheless, the Committee notes the absence firstly, of statistics of workplaces liable to inspection and the number of workers employed therein (c); and secondly, statistics on enterprises in the oil sector. Recalling that the Convention applies to all industrial workplaces and, for all Members who have chosen to ratify Part II of the Convention, also to commercial workplaces, the Committee would be grateful if the Government would take the steps necessary to include in the annual reports of the inspection services statistics for all establishments liable to inspection, including the establishments in the oil sector.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Further to its previous comments, the Committee notes that the Government's report was received too late to be fully examined at this session of the Committee. It notes however that this report does not contain information on the points raised below.

Article 2, paragraph 2, of the Convention. The Committee notes the updated information provided by the Government regarding the mining, oil and communications sectors. It also notes that although during the period from 1 October 1991 to 30 September 1992 quarrying and communications were not specifically covered in such reports, the Government states that information on them will be provided for the year 1993. Please continue to include this information in future reports.

Articles 20 and 21. The Committee notes the labour inspection report for the period October 1991 to 30 September 1992 which includes statistics on occupational injuries and accidents but not on occupational diseases as required by paragraph (g) of Article 20. It hopes the Government will continue to publish such reports within the time-limits set in Article 20 and containing all the particulars listed in Article 21 of the Convention, including on occupational diseases.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Articles 20 and 21 of the Convention. Further to its observation, the Committee hopes that in the future effective measures will be taken to include statistics on occupational diseases in the report, as required by paragraph (g) of Article 21.

Article 2, paragraph 2. The Committee notes that mining and transport undertakings do not seem to have been exempted from the application of the Convention. Please include in future reports on inspection all relevant information in respect of these undertakings.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Articles 20 and 21 of the Convention. Further to its previous comments, the Committee notes with satisfaction that a report on the work of the inspection services for the period October 1989 to September 1990 was completed and published by the Government. The Committee is again addressing a direct request to the Government on certain other matters.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 20 and 21. The Committee expresses the hope that the efforts undertaken by the Government to give effect to these Articles will make it possible in the future for annual inspection reports to be drawn up containing all the information called for by Article 21 and that these reports will be published and transmitted to the ILO within the time-limits laid down in Article 20.