Observation (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

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

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2017.

Closure of the complaint under article 26 of the ILO Constitution. The Committee recalls that the Governing Body, at its 331st Session (November 2017), commended: (i) the measures taken by the Government to effectively implement Law No. 21 of 2015 relating to the entry, exit and residence of migrant workers and to follow up on the high-level visit assessment; (ii) the official transmission of Law No. 15 on Domestic Workers and of the Law establishing Workers’ Dispute Resolution Committees of 2017; and (iii) the information provided on the technical cooperation programme between the Government and the ILO (2018–20). In that respect, the Governing Body: (a) supported the agreed technical cooperation programme and its implementation modalities between the Government and the ILO; and (b) decided to close the complaint procedure under article 26 concerning non-observance by Qatar of the Forced Labour Convention, 1930 (No. 29), and the Labour Inspection Convention, 1947 (No. 81), made by delegates to the 103rd Session (2014) of the International Labour Conference.

Articles 8, 10 and 16 of the Convention. Sufficient number of labour inspectors and coverage of workplaces. The Committee previously noted that while the number of labour inspectors had increased (from 200 inspectors in 2014 to 397 in 2016), along with the number of inspections undertaken, only four interpreters proficient in the most prevalent languages spoken by workers had been appointed in the Labour Inspection Department. It recalled that the strengthening of the labour inspection services should be supported by the development of an inspection strategy targeting as a priority the protection of vulnerable migrant workers against abusive practices in small companies which are subcontracted by larger companies or recruited from manpower companies.

The Committee notes the observations of the ITUC indicating that while the Government has hired additional labour inspectors in recent years, including female inspectors, the low number of interpreters remains a serious issue as it is extremely difficult to conduct a thorough inspection without an interpreter to interact with the migrant workforce. The ITUC states that inspectors who are not accompanied by an interpreter would not be able to collect evidence from workers who are unable to speak either Arabic or English.

The Committee notes the information provided by the Government in its report in response to its previous request, that, in 2016, a total of 44,540 inspection visits were conducted, in comparison with 25,575 inspection visits in 2010. The first half of 2017 saw 19,463 inspection visits (both labour inspection and occupational safety and health (OSH) inspection visits), as well as 6,080 field survey operations. The Committee takes due note that these inspections focused on small companies (with less than 20 workers), which comprised 83 per cent of labour inspection visits and 47 per cent of OSH inspections. It further notes the detailed information provided on the measures taken to monitor the disbursement of workers’ wages by the Wage Protection Division. With respect to inspection staff, the Government indicates that the number of labour inspectors has remained stable since May 2016 (at 397 inspectors), although the number of female inspectors has fallen slightly (61 in 2017, compared with 69 in 2016). The Government indicates that 96 labour inspectors are able to speak English and Arabic; in addition four interpreters on staff who do not perform inspections duties are able to speak other languages spoken by migrant workers.

The Committee welcomes that the technical cooperation project signed between the Government and the ILO for 2018–20 includes the implementation of a labour inspection policy and strategy. The Government indicates that, in this framework, it aims to increase the number of interpreters accompanying inspectors in order to permit interaction with workers during inspection visits. It further indicates that the main themes of the project include, in the immediate term, measures to ensure that inspections cover all undertakings and workplaces prescribed by the Labour Law and the carrying out of random and proactive inspection visits (not based solely on complaints). The Committee urges the Government, in the context of its cooperation with the ILO, to make every effort to develop and implement a clear and coherent inspection strategy aimed at ensuring the protection of workers and the increased coverage of workplaces, including smaller workplaces employing vulnerable migrant workers. It further urges the Government to pursue its efforts to ensure the recruitment of labour inspectors and interpreters able to speak the languages of migrant workers, and to continue to provide information on the number of inspectors and other staff hired in this regard. It requests the Government to take the necessary measures to continue increasing the coverage of inspection visits, including through proactive visits, and to provide information on the total number of inspections undertaken, disaggregated between announced, unannounced, routine, complaint-based, accident-based and follow-up inspections.

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 the article 26 complaint alleged that the country’s labour inspection and justice system had proven inadequate in enforcing national legislation, that inspectors have little power to enforce findings and that fines are far from dissuasive and in some cases non-existent. It further noted that a report commissioned by the Government recommended bolstering the powers of labour inspectors who, upon detecting non-compliance, only have the power to draw up infringement reports. These infringement reports are then referred to the courts for further action for any sanction to be applied. While noting that non-complying undertakings can be placed on a prohibition list, meaning that they will not be granted new work permits and are prohibited from engaging in transactions with the Ministry of Labour and the Ministry of the Interior, the Committee further noted that the outcome of most inspections was no further action. The Committee also noted once again that no information had been provided on the specific penalties applied in cases where decisions had been handed down by courts.

In this respect, the Committee notes that the ITUC highlights that, according to the information provided by the Government to the Governing Body in February 2017, infringement reports were only drafted for 1.2 per cent of cases. The ITUC states that the information on labour inspection provided by the Government consistently failed to indicate whether violations have actually been addressed, workers have received remedies, or penalties have been imposed.

The Committee notes the information provided by the Government in response to its previous request, that the number of infringement reports referred to court was 859 in 2014, 676 in 2015, 1,142 in 2016, and 687 in the first half of 2017. It notes with regret that the Government does not provide information on the outcome of these cases, despite repeated requests from the Committee, including for information on the number of judgments rendered as a result of their referral by the labour inspectorate and any penalties (fines or imprisonment) imposed by the judiciary. While noting the information provided by the Government on the number of judgments rendered by the workers’ circuit (1,436 in the first half of 2017), the Committee observes that the Government does not provide further information on the nature of the judgments or indicate if these cases include those referred to the judiciary by labour inspectors. The Committee notes, however, the detailed information provided by the Government on the number of warnings to remedy violations issued by inspectors (8,681 in 2014, 18,979 in 2015 and 14,950 in 2016) and the number of prohibitions issued (stopping the granting of work permits and transactions with the ministries), which declined from 1,487 in 2014 to 929 in 2015 and 898 in 2016. It further takes due note of the detailed information provided on the monitoring of wage payments via the Wage Protection System including the suspension of 22,460 transactions where violations were detected in the first half of 2017 (involving 18,997 companies) and the subsequent lifting of the suspension following a remedy in 21,681 cases.

The Committee takes due note that one objective of the technical cooperation project between the Government and the ILO for 2018–20 is ensuring that the enforcement powers of labour inspectors are effective. It welcomes, in that respect, the Government’s indication in its report that it is prepared to consider other powers that may be granted to labour inspectors in order to enforce the law. The Committee urges the Government to take immediate steps, in the context of the ongoing technical cooperation, to strengthen the effectiveness of enforcement mechanisms, including measures to provide enhanced enforcement powers to labour inspectors and further measures to promote effective collaboration with the judicial system (including with regard to the exchange of information on the outcome of cases referred to courts). In this respect, it once again urges the Government to provide the information requested on the outcome of cases referred to the judiciary by labour inspectors through infringement reports, including the penalties imposed by virtue of the Labour Law (acquittal, fines, including amounts, or prison sentences, etc.) and the legal provisions to which they relate, distinguishing these cases from those brought to court by workers themselves. It also requests the Government to continue to provide comprehensive statistics on the other enforcement activities of the labour inspectorate.

Articles 5(a), 9 and 13. Labour inspection in the area of OSH. OSH inspections and preventive activities of the labour inspectorate. The Committee notes the information provided by the Government in response to its previous request that, in the first half of 2017, 8,151 OSH inspections were undertaken in 3,324 companies (compared with 14,526 inspections undertaken in 2016 in 5,144 companies, and 20,777 OSH inspections in 2015 in 4,473 undertakings). The inspections undertaken in 2017 resulted in 2,606 warnings to remedy infringements, 1,263 issuances of advice on OSH issues and 44 infringement reports. The Committee notes with regret that no information is provided on the follow-up given to these infringement reports. The Committee notes that the number of workers injured in occupational accidents in the first half of 2017 was 245, compared with 582 such injuries in 2016. There were 12 deaths due to occupational accidents in the first half of 2017, compared with 35 deaths in 2016, 24 such deaths in 2015 and 19 such deaths in 2014.

The Committee notes that the technical cooperation project with the ILO for 2018–20 includes enhancing the OSH system and the implementation of an OSH policy. Noting with concern the increasing number of fatal occupational accidents reported between 2014 and 2016, the Committee urges the Government to pursue its efforts to strengthen the capacity of labour inspection with respect to monitoring OSH. It requests the Government to continue to provide information on the preventive activities of the inspectorate and the number and type of OSH inspection visits undertaken (indicating whether they are announced, unannounced, routine, in response to a complaint or to an accident, or follow-up), the number of violations detected, the number of suspensions of workplaces or machines in the event of a serious danger to the health and safety of workers, 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.

OSH in the construction sector. The Committee previously noted that the Supreme Committee for Delivery and Legacy and the Ministry of Administrative Development and Labour and Social Affairs concluded a Memorandum of Understanding (MOU) with the Building and Wood Workers’ International (BWI) with the goal of protecting the occupational safety and health of workers in 2022 World Cup projects, including through the organization of joint inspection visits and the setting up of a training team specialized in OSH inspection.

The Committee notes with interest the information in the Government’s report that the first joint field visit with the BWI was held in February 2017. The Government indicates that the MOU has had a major impact on the protection of the rights of construction workers in infrastructure projects for the World Cup. It also notes that, in 2017, the Government organized a conference on OSH in the construction sector, focusing on best practices in hazard prevention. The Committee further notes the Government’s indication that 45 per cent of the occupational accidents in the first half of 2017 (110 accidents) were caused by falls and another 12 per cent by the fall of heavy objects. The Committee requests the Government to continue to strengthen the capacity of the labour inspectorate with respect to OSH in the construction sector and to provide information on the measures taken. It requests the Government to provide detailed statistics on the number of joint inspections undertaken under the MOU with the BWI and on their outcome.

[The Government is asked to reply in full to the present comments in 2018.]