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With reference to its previous comments, the Committee notes with interest the information and documentation relating to the following provisions of the Convention and specific issues.

Article 3(2) of the Convention. Lightening of additional functions entrusted to labour inspectors in the framework of disputes settlement. The Government indicates that the transfer of the department which examines workers’ conflicts to the Ministry to the Workers’ Abu Dhabi Court was to be effective beginning 2010.

Articles 5(a) and 21(e). Measures aimed at promoting cooperation between the labour inspection service and the judicial system. The Ministry of Labour held several meetings with the judicial bodies to facilitate the procedures of referring work-related criminal cases, which impact on workers’ rights, set up a mechanism to regulate the referral of lawsuits by the Ministry of Labour against undertakings found in violation, and resolve the violations notified by the labour inspectorates. According to the Government this step has enabled the labour inspectorate to refer cases without administrative complications and contributed in deciding on cases of an urgent nature.

Moreover, to implement the guidelines on the development of the adjudication mechanisms, the Ministry of Labour set up three new offices in charge of labour relations at local courts in addition to the offices in each of the Dubai and Abu Dhabi courts. A coordinating committee has been set up between the judicial department in Abu Dhabi and the Ministry of Labour to, notably, help judges and labour officials obtain all the relevant information on workers’ cases. In the context of cooperation with the judicial department in Abu Dhabi, the first programme for the training of labour inspectors was held from 1 to 9 March 2009 at the Training and Judicial Studies Academy, attached to the department. Eighteen inspectors and legal researchers participated.

Referring to its general observation of 2007 under the Convention, the Committee notes that, according to the Government, coordination is under way with the Ministry of Justice and relevant judicial bodies to find a system for the registration of judicial decisions which will be made accessible to the officials and the central authority of the labour inspection system.

Articles 7(3) and 8, 10, 11, 20 and 21. Restructuring of the labour inspection system. Training of labour inspectors and material facilities available for the performance of their functions. According to the Government, three new administrations for inspection have been upgraded: the Workers Guidance Administration; the Occupational Safety and Health Administration; and the Labour Inspection Administration.

The Workers Guidance Administration is responsible for making workers aware of the measures taken by the Ministry and work policies by undertaking field visits to this effect, as well as providing advice and counselling to employers and workers and residents through the media and convene symposia, and orientation lectures in collaboration with other administrative units at the Ministry. It is also responsible for preparing booklets, newsletters and special guiding materials related to inspection, labour laws and policies, and their dissemination through official communication channels.

The Occupational Safety and Health Administration is responsible for the formulation of plans, standards and technical instructions and rules which are to be observed in the area of occupational safety and health, the recording of violations of occupational safety and health and the adoption of measures to prevent diseases and injuries by participating in medical arbitration committees, carrying out periodic inspections of various types of undertakings and workplaces liable to inspection, providing protection from occupational injuries, monitoring the requirements and standards of workers’ accommodation and occupational safety, and raising awareness among workers through various means. In addition, training programmes and courses for the qualification of labour inspectors at the Ministry continue to be organized. In November 2009, the training concerned judicial enforcement; the labour code; criminal proceedings; application of penal sanctions; alternatives to conflict resolution; problems encountered by inspectors; and ethics of inspectors.

The labour inspection administration is responsible for supervising the application of the federal law which relates to regulating labour relations and the orders putting it to effect, in addition to following up on workers, and investigating the violations committed by undertakings and workers. It is responsible for carrying out various types of inspection visits in accordance with set deadlines so as to ensure a continued revision of the extent of observance by undertakings of the application of the provisions of the law in collaboration with various government bodies. It also prepares reports and statistics related to the administration. According to the Government, the Labour Inspection Administration relies in its work on report forms designed specifically for this purpose so as to regulate the work of the inspection system, and to ensure that labour inspectors carry out their duties as set out in the Convention.

In reply to the Committee as to the reason for the decrease in the number of inspection visits in the Emirate of Dubai, the Government indicates that this was due to the three-month training course which started in October 2007 and was followed by all 84 employees of the inspection department. In 2008, the number of inspections increased from 14,000 to 27,895 in Dubai, after the completion of the training.

Article 3(1)(a). Control of the legal provisions relating to working conditions, accommodation, living and transport for lower skilled workers. The Committee notes the indication by the Government that the guidelines of November 2006 which specify the need to provide decent living conditions to migrant workers, to construct model housing complexes and provide appropriate transportation means between workplaces and workers’ accommodation are mandatory and that their implementation has improved, to a large extent, the migrant workers’ accommodation and transportation facilities to and from their work. The step taken to refuse to grant reluctant employers collective labour contracts unless a clear commitment to providing suitable accommodation to workers is proved, has been very efficient to this end. Order No. 13 of 2009 issued by the Council of Ministers relating to the manual on general standards for workers’ housing, contains relevant provisions. According to the Government, such standards were prepared by the bodies responsible for workers’ accommodation in the State, and specialized advisory offices in accordance with relevant best practices and international standards.

Moreover, in an increasing number of workers’ residence complexes, which have been built to match the increase in the rates of demand on manpower and are run by private sector undertakings under the supervision of the local government of the Abu Dhabi Emirate, the role of labour inspectors now lies in verifying the application of the conditions and criteria which have been introduced in order to ensure the health and safety of the inhabitants of the residence complexes. The occupational safety and health section of the inspection unit inspects workplaces and workers’ accommodation in order to verify the extent of conformity with relevant standards, investigates occupational accidents and provides expertise and knowledge in these fields.

Specific protection of workers exposed to direct sunshine and dehydration. In reply to the previous Committee’s request, the Government states that suitable means of transportation have been provided between workers’ accommodation and their workplaces in order to put into effect the Order issued by the Undersecretary of the Ministry of the Interior in 2004, which prohibits the transportation of workers on board open vehicles or modified cargo vehicles of all types and sizes. These vehicles were identified as main causes for the increased rate of injuries and deaths of workers.

The Committee also notes the statistical information provided by the Government on violations of Order No. 408 of 2007 which regulates work in the sun during the months of July and August for the period 2007–08 and a copy of Ministerial Order No. 587 of 2009 which relates to determining the hours of work for the tasks carried out in the sun, and in open air places, and the Government’s statement that the number of undertakings found in violation has significantly decreased thanks to the increase of inspection visits.

Workers’ right to transfer to another employer. The Government communicates, in reply to the previous Committee’s request, copies of Ministerial Order No. 634 of 2008 which amends some provisions of Ministerial Order
No. 826 of 2005 to facilitate the transfer of the sponsorship of all categories of workers on the basis of a written report of the labour inspection department or by the labour office, as well as a number of other texts out of which Ministerial Order No. 788 of 2009 obliges undertakings to transfer workers’ wages through banks, currency exchange companies and financial institutions equipped to operate through a wages protection system (WPS). The latter is a system which was developed by the Central Bank of the United Arab Emirates, equipped with a technique which authorizes the Ministry of Labour to monitor all the data related to workers’ wages so as to give a warning to undertakings which are late in the disbursement of workers’ wages.

Article 15(c). Confidentiality relating to complaints and their source. In the above context, the Government refers to a service called “a salary system” which is an electronic system allowing workers in the private sector to notify the delay with which undertakings where they are employed pay their wages in relation to set deadlines, and notify the Ministry of illegal deductions or the failure to add overtime hours, without revealing the identity of the plaintiff, so as to keep the worker in his/her job, and to ensure continuity of the employment relationship. Labour inspectors verify the soundness of the complaint as well as the identity of the plaintiff before carrying out the workplace inspection and then adopt the necessary measures without revealing the identity of the person who submitted the complaint. On that occasion, the inspectors also verify the situation of the rest of the workers of the undertaking at fault so as to hide that the visit was performed following a complaint.

Articles 14 and 21(f) and (g). Notification of, and statistics on, employment accidents and cases of occupational disease. In reply to the Committee’s previous observation on the lack and imprecision of statistics on employment accidents and the importance of establishing a formal mechanism for the communication to the labour inspectorate of industrial accidents and cases of occupational disease, the Government refers to Ministerial Order No. 32 of 1982 and to a Memorandum of Understanding signed by the Ministry of Labour and the health authority of Abu Dhabi to promote the working environment in accordance with the most updated occupational safety standards and to reinforce cooperation with respect to occupational health, safety activities, prevention, as well as to monitor damage and injuries related to work in Abu Dhabi. The instrument also seeks to ensure an exchange of data and statistics on occupational-related diseases, damage and injuries at the workplace, occupational health, injuries and medical care in emergencies, medical care services, medical treatment and clinical results, as well as an evaluation of the extent to which this data coincides. Each undertaking occupying over 15 workers will be obliged to submit a register on occupational injuries and diseases according to the law. The partnership with the health authority is expected to ensure the flow of a large number of data and information on private sector companies, which will help the Ministry in instituting legal proceedings against non-compliant companies. It will also seek to ensure a certain degree of collaboration and coordination in the process of registering occupational injuries between the Ministry of Labour and the authority.

Articles 17 and 18. Dissuasive effect of legal proceedings and penalties applied against employers who are in violation of the legal provisions enforced by labour inspectors. In its previous comments, the Committee noted the indication by the Government that daily newspapers publish the identity of those undertakings which violate the legal provisions relating to certain areas of conditions of work. It notes in this regard, the communication of a copy of the UAE Gazette, dated 25 July 2007, whereby 201 names of such offenders are mentioned. The Government also mentions other legal provisions relating to conditions of work and the protection of workers in industrial and commercial establishments and refers again in this regard to the possible refusal to authorize the conclusion of any new labour contract by an undertaking in violation or the eventual transfer of the sponsorship of its workers. It states that these measures led to more attention being paid by undertakings to the observance of the provisions of the law because of the consequences of a cessation of transactions with them and the refusal of new work permits for the recruitment of workers indispensable to the running of their activities. In 2008, 7,083 undertakings were stopped.

However, it is also intended to launch an annual labour prize to reward undertakings which observe the legal provisions relating to conditions of work and the protection of workers.

Noting that no annual report on labour inspection activities has been received at the ILO to allow for an assessment of the application, in practice, of the new provisions referred to by the Government, the Committee would be grateful if the Government would take the necessary measures to ensure, according to Articles 20 and 21 of the Convention, that such annual report is published soon and that it contains all relevant information. It recalls that guidance is provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81) as to the appropriate manner in which the requested information could be disaggregated.

In addition, while noting the communication of a copy of Order No. 367 issued by the Undersecretary of the Ministry of Interior on 25 December 2002, which prohibits the confiscation of the passport of any person resident on the UAE territory without a judicial order, the Committee would be grateful if the Government would provide statistics of infringements of this Order.

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Referring also to its observation, the Committee draws the Government’s attention to the following points.

Articles 2 and 3, paragraphs 1(a) and 2, and Articles 17, 18 and 21(e) of the Convention. The Committee notes that the amendments made by Legislative Decree No. 8 of 2007 to sections 181 and 182 of Law No. 8 of 1980 on the regulation of labour relations are essentially concerned with increases to fines for infringements of the legal provisions relating to the conditions of employment of migrant workers, particularly women and young workers, and also with obligations towards them in cases where an enterprise ceases to operate. It also observes that the statistical tables concerning the work of the inspection services presented in accordance with a variety of criteria do not relate to the legal provisions concerning conditions of work (wages, working hours, overtime, holidays, weekly rest, occupational safety and health, etc.), even though these are covered by the Convention and come within the competence of labour inspectors pursuant to the abovementioned Law. Consequently, the Committee does not have any data at its disposal to enable it to evaluate to what extent the Convention is being applied. The Committee hopes that the reinforcement of the labour inspection staff and resources, and also the implementation of innovative labour inspection methods announced by the Government in its report received in October 2007, will enable the Government to take steps rapidly to ensure that labour inspectors perform the duties defined by the Convention and Law No. 8 of 1980 in order to ensure as a priority, as provided for by Articles 2 and 3, paragraph 1(a), of the Convention, observance of the provisions relating to conditions of work and the inclusion of relevant information and statistics in reports on the work of the labour inspectorate, in accordance with Article 21(e). It hopes that the Government will supply precise and detailed information on the nature of such measures and also on their implementation in practice.

Article 5(a). Cooperation of the judicial bodies in achieving the aims of the Convention. In its report received in October 2008, the Government indicates that measures taken to promote such cooperation include training activities organized with the Public Prosecutor’s Office for the benefit of labour inspectors at the Judicial Training and Studies Institute connected with the Ministry of Justice. The Committee notes that the document referred to by the Government to illustrate this cooperation is concerned with basic training subjects required by new inspectors to perform their duties (situational analysis; productivity at work; teamwork; creative reflection; police administration; further training; time management). The Committee would be grateful if the Government would send a copy of the document to which it refers with regard to the implementation of legal powers exercised by labour inspectors.

Articles 13, 14, 17, 18 and 21(g). Controls and statistics in the area of occupational safety and health. With reference to its request in the observation concerning statistics of occupational accidents and diseases, and also concerning Order No. 408, the Committee notes that, according to various sources, even though no figures are available, workers on building sites and engaged in public works are exposed to huge risks and the rate of fatal accidents is very high. These accidents occur not only on worksites but also during travel and as a result of sunstroke. The Committee would be grateful if the Government would supply further details, illustrated with statistics as far as possible, of the work of the labour inspectorate in the area of prevention and punishment of infringements to the relevant legislation. It requests the Government in any case to take steps to ensure that the labour inspectorate rigorously enforces safety and health requirements (regarding scaffolding, mobile plant and lifting machinery, cranes, safety helmets, masks, boots and suitable clothing, hours of work, exposure to the sun, rehydration, etc.). Also drawing the Government’s attention to the guidance contained in Parts I and II of Recommendation No. 81 on possible methods of prevention and cooperation with employers and workers to this end, the Committee requests the Government to keep the ILO informed of all developments in this regard (legal provisions, activities and results).

Article 16. Frequency and coverage of inspection visits in workplaces liable to inspection. According to the statistics for 2007 relating to inspection visits by emirate and by number of workers covered, the Emirate of Dubai has the largest workforce (4,814 workers). However, it accounts for 15 per cent of the total number of inspections (figures Nos 61 and 62). Over the same year, over half of these establishments were ordered to suspend their activity (figure No. 63) and the suspension was lifted in the cases of 1,401 of them. The Committee would be grateful if the Government would supply further details to enable it to interpret these data, particularly as regards: (i) the reason for the low number of inspections in workplaces situated in the Emirate of Dubai in relation to the number of workers covered; and (ii) the number of workers employed in workplaces whose activities were suspended in 2007 in the same emirate, and also the consequences of this suspension on the rights of workers who are, or were, employed there.

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The Committee notes the Government’s reports received in October 2007 and October 2008 and the attached documentation. It would be grateful if the Government would provide further information on the following points.

Article 3, paragraph 1(a), of the Convention. Specific areas covered by the labour inspectorate. Conditions of work, housing, living and transport of the least skilled migrant workers. The Committee notes from a summary report based on a study commissioned by the ILO for the Gulf Forum on Temporary Contractual Labour (Abu Dhabi, 23–24 January 2008) that most low-skilled workers live well away from metropolitan areas in labour camps that stretch for miles in the desert and that they are accommodated in deplorable conditions, particularly in overcrowded apartments which are unsafe and unhygienic, with poor electricity, lack of drinking water and lack of adequate cooking and bathing facilities. The same document, however, reports the implementation of a series of measures to improve the living conditions of these workers. In December 2006, over 100 camps housing construction workers that fell short of minimum standards for health services, waste disposal, pest control, drinking water and other basic facilities were shut down and the firms that owned the camps are reported to have been requested to provide alternative accommodation that meets minimum international standards. The report also refers to the construction of labour residential cities across the country. The Committee notes with interest that one of the first projects, planned for 2008 in the Abu Dhabi industrial zone, will provide accommodation, health care facilities, waste disposal, shopping amenities, etc. These labour cities intended for thousands of migrant workers will be managed by private companies with government supervision. The Government refers to guidelines and decisions adopted in November 2006 by the Vice-President of the United Arab Emirates, the President of the Council of Ministers, the Ruler of Dubai, with a view to raising the living standards of migrant workers by improving their conditions of accommodation, health care and safety, as well as other working and living conditions in accordance with international standards, in particular through the provision of suitable transport facilities between their accommodation and their work. The use of means of transport that expose these workers to direct sunlight and other climatic factors is henceforth prohibited.

The Committee further notes that any worker may henceforth change employer if her or his wage is lower than that agreed upon or if the wages are not paid for two consecutive months, and that accommodation is ensured for workers found to be in violation until their departure. Finally, the issue has been raised of determining the minimum wages and benefits to be granted to workers.

The Committee requests the Government to provide the ILO with copies of the above guidelines and decisions of 2006, as well as information that is as detailed as possible on the progress made in the implementation of the planned labour cities, the proportion of migrant workers who are already accommodated there and the number of those concerned by future projects. It would be grateful if the Government would provide indications on the role entrusted to labour inspectors in relation to the supervision of the enterprises which manage these residences.

The Government is also requested to indicate the manner in which labour inspectors ensure adequate protection to workers who continue to be accommodated in camps that are far from their workplace and who are exposed during transport to the risk of exposure to sunlight and dehydration, including outside the summer season.

The Committee requests the Government to provide copies of the legal texts addressing these issues, and any document relating to their implementation in practice, including: the order announced by the Government under which a worker may change employer and sector of activity; the document serving as a legal basis for the bank guarantee intended to ensure the payment to workers of their entitlements and compensation; the order prohibiting the confiscation of workers’ passports based on the principle that a passport is an official document belonging to the worker and only the worker, except where confiscation is based on legal authorization by a court of law.

Specific protection for workers exposed to direct sunlight and dehydration. The Committee notes Order No. 408 of 2007 regulating work under direct sunlight in the months of July and August which, according to the Government, is subject to supervision by the labour inspectorate. It observes, however, that the period of validity of this Order is limited to between 1 July and 31 August of the year 2007, and not every year. Under the terms of section 6 of the Order, where for technical reasons work has to be carried out without interruption, the employer is under the obligation to take the following measures:

–           provision of fresh drinks appropriate to the number of workers and the general requirements of safety and health;

–           provision of thirst-quenching products such as salt and lemons;

–           first aid at the workplace;

–           adequate industrial air conditioning; and

–           means of ensuring the necessary shade for protection against direct sunlight.

Without prejudice to the penalties established by the legislation, enterprises that are in violation of these obligations are liable to a fine of 10,000 dirhams for the first violation and 20,000 to 30,000 dirhams and a suspension of the authorization to employ workers for a period of a minimum of three months, six months or one year for first, second or multiple repeat offences, respectively. The Government is requested to provide the available statistics of violations of this Order reported by labour inspectors, particularly in construction and public works sites between 1 July and 31 August 2007 and, in so far as possible, statistics showing the relationship between the nature (fine, imprisonment) and the level (amount, duration of imprisonment) of the penalties recommended by inspectors and those effectively imposed. The Committee would be grateful if the Government would also indicate whether a text having the same purpose as Order No. 408 is issued each year and, if so, if it would provide the text covering the summer period of 2008.

Article 5(a). Support by the judiciary for the activities of the labour inspectorate. The Committee notes with interest that the Government is planning to establish in each Emirate specialized tribunals for the expeditious handling of labour issues. The Government reports the establishment of coordination between the administration of the courts and the Ministry of Labour with a view to developing a system for the direct referral of complaints by the Ministry to the courts and the transfer to the labour courts of staff working on individual workers’ issues. Such a system has started operating in the Emirate of Dhabi. With reference to its general observation of 2007, in which it strongly encourages governments to take measures to promote effective cooperation between the labour inspection services and the judicial system, the Committee notes the general information provided by the Government in this respect. It hopes that the Government will keep the ILO informed of the progress achieved in the implementation of the announced collaboration measures and that it will provide copies of the relevant texts.

Article 7, paragraph 3, and Articles 8, 10, 11, 20 and 21. Increase in the numbers and improvement of the quality of staff and strengthening of the material facilities for the activities of the labour inspectorate. The Committee notes with interest the increase in the total number of inspectors, which is now reaching 2,000 officials distributed, according to the Government, on the basis of the geographical location of enterprises and the number of workers in each Emirate. It also notes with interest that the number of vehicles made available to inspectors has increased significantly.

According to the Government, these developments will ensure the independence of the labour inspectorate. It adds that the method of compiling inspection reports has changed, with four different types of report now being drawn up, each corresponding to the type of activity carried out in enterprises and the manner in which inspections are discharged: one report covers enterprises engaged in services, maintenance and similar activities; another concerns industrial enterprises and those involving the use of chemical and industrial substances; a third relates to enterprises of an administrative and commercial nature, which employ the majority of workers (with the exclusion of craftwork enterprises); and finally, a forth type relates to enterprises employing up to 14 workers. It is envisaged that these reports will be introduced taking into account the size of enterprises. The Government adds that 22 inspectors have been selected at the national level to follow a training course provided by experts from outside the Ministry with a view to familiarizing them with the new inspection system and providing them with training so that they are able to direct new inspectors. The Committee however notes that the statistics provided with the report received in October 2008 do not reflect the new methods of labour inspection that have been announced. The Committee therefore requests the Government to provide a copy of any document relating to the organization and operation of the new inspection system, including copies of reports such as those described above, and information on the geographical distribution of inspectors, with an indication of the number of women and the specific functions with which they may be entrusted, where appropriate. Recalling the obligation to publish the annual report required by Article 20 of the Convention, and drawing attention to Chapter IX, Part II, of the 2006 General Survey, referred to above, the Committee also requests the Government to ensure that effect is given to this provision as soon as possible and to keep the ILO informed immediately.

Article 12, paragraph 1(c)(iii). Enforcement of the posting of notices required by the legal provisions. Language aspects. The Committee notes with interest that Order No. 408 of 2007 provides in section 3 that hours of work shall be posted by all employers in Arabic for the labour inspector and in a foreign language that is accessible to the workers. It would be grateful if the Government would indicate whether measures have been taken to ensure that employers are complying with their obligations to post such information in languages that are accessible to the workers, including information on the rights and duties of workers in relation to occupational safety and health, wages, overtime hours and their remuneration. If so, please provide samples of the information posted in the relevant languages over the past two or three years. If not, please ensure that measures are also taken for this purpose and provide information on the progress achieved.

Articles 14 and 21(f) and (g). Notification of, and statistics on, employment accidents and cases of occupational disease. The Committee notes that, contrary to the indication in the report received in October 2007, statistics on employment accidents have still not been provided. According to the Government, information on employment accidents is communicated by workers’ representatives to the Occupational Safety and Health Service of the Inspection Department. However, it recognizes the weaknesses of this information system with regard to certain workplaces and envisages the use of modern technology to ensure a working environment free of risk. With reference to its 2006 General Survey, the Committee draws the Government’s attention to paragraph 118, in which it emphasizes the importance of establishing formal mechanisms to provide the labour inspectorate with information on employment accidents and cases of occupational disease so that it has the data necessary to identify high-risk activities and the most vulnerable categories of workers, and to carry out research into the causes of occupational accidents and diseases. In paragraphs 119 and 120, the Committee emphasizes in this respect the need for detailed regulations and precise instructions to those concerned, namely employers, workers, social and health insurance funds, the police and other bodies involved in dealing with occupational accidents and diseases to ensure that the principles set out in law are actually put into practice. It recalls the publication by the ILO in 1996 of a code of practice to achieve harmonization and greater effectiveness in the recording and notification of occupational accidents and diseases, and its general observation of the same year inviting all governments that have ratified the labour inspection Conventions to take inspiration from the code of practice. The Committee urges the Government to take these recommendations into account and to provide specific information as soon as possible on employment accidents.

Articles 15(c) and 16. Frequency and quality of inspections and confidentiality of complaints. Further to its previous comments, the Committee notes the Government’s description of new trends in relation to inspection. The number of inspections carried out upon the request of the employer with a view to the granting of work permits, which previously represented around 75 per cent of inspections, has been reduced to allow for inspections based on workers’ complaints against the employer, or vice versa. The Committee fears that it is extremely difficult, or even impossible, to ensure compliance with the letter and spirit of Articles 15(c) and 16 of the Convention if most inspections which are not carried out upon the request of the employer are related to complaints. Indeed, as Article 15(c) of the Convention establishes the requirement for labour inspectors to treat as absolutely confidential the source of any complaint and the prohibition to give any intimation to the employer or his representative that a visit of inspection was made in consequence of a complaint, effect can only be given to these provisions if inspectors also carry out routine, planned or programmed inspections as often and as thoroughly as envisaged in Article 16. This is one of the requirements for ensuring that the preventive function of inspection can be discharged and that the suspicions of employers or their representatives in relation to workers who may have complained to inspectors can be allayed. The Committee urges the Government to take measures to ensure that labour inspectors discharge their duties by inspecting the workplaces under their supervision not only in response to a request or a complaint, but also on a routine basis so as to ensure that effect is given to legal provisions relating to conditions of work and the protection of workers throughout the territory.

The Committee also notes the Government’s indication in relation to Article 11, paragraph 1(a), that complaints from employers, workers and citizens are transmitted to the Department of Labour and that many complaints have been made by workers by fax or in person to the Department, which refers them to labour inspectors for verification. The Committee therefore requests the Government to specify whether personal access is also available for workers to labour inspectors with a view to making their complaints directly to them concerning a defect or breach of legal provisions. If not, it urges the Government to take measures for this purpose and to keep the ILO informed.

Articles 17 and 18. Dissuasive effect of legal proceedings and penalties applied against employers who are in violation of the legal provisions enforced by labour inspectors. The Committee notes that, according to the Government, where such violations are considered to be serious (such as the non-payment of wages, the illegal recruitment of workers or the unilateral termination of an employment contract) they are reported to the higher authority of the Ministry of Labour with a view to the imposition of penalties. In certain cases, these consist of the definitive transfer of workers to another employer, the classification of the enterprise into a category involving unfavourable financial conditions or the removal of the enterprise in violation from the computer system of the Ministry under the terms of ministerial orders respecting administrative penalties. The Committee also notes with interest that Order No. 408 referred to above envisages that in all cases of violations of its provisions, the name of the enterprise and the employer shall be published in the national daily press and posted by the Ministry of Labour until the fine is paid and the expiry of the period during which the authorization to employ workers is suspended. The Committee is bound to reiterate the viewpoint expressed in its 2006 General Survey that the publicity given to legal proceedings can have a dissuasive impact, particularly when it results in measures restricting credit, the allocation of subsidies or social benefits in respect of enterprises which have committed grave violations.

The Committee would be grateful if the Government would provide copies of daily newspapers indicating the identity of those in violation of the above Order, as well as other legal provisions relating to conditions of work and the protection of workers in industrial and commercial establishments covered by the Convention. It further requests the Government to indicate whether measures are also envisaged to encourage employers which scrupulously comply with the relevant legal provisions and, if so, to provide a copy of any relevant text. Finally, it would be grateful if the Government would provide information on the purpose for which enterprises in violation are removed from the Ministry’s computer system.

The Committee is also addressing a request directly to the Government on other matters.

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The Committee notes the Government’s report on the application of the Convention for the period ending 15 September 2005. It notes with interest the communication to the Office of the annual reports on the activities of the labour inspectorate for 2003 and 2004, an inspection report form and annexes on training courses for labour inspection staff.

1. Articles 10 and 11 of the Convention. Human and material resources of the labour inspectorate. The Committee notes with interest that 47 new labour inspectors were recruited between 2003 and 2004 to remedy the retirement and resignation of other staff. Furthermore, independent equipped premises and vehicles were made available to the labour inspectorate. According to the Government, the labour administration should benefit in future from greater material and human support, including a rise in the remuneration of inspectors through a work allowance equivalent to 20 per cent of their basic salary. The Committee would be grateful if the Government would indicate the new geographical distribution of labour inspection services and offices and of the inspection staff responsible for discharging the functions set out in Article 3, paragraph 1, of the Convention and if it would keep the ILO informed of the implementation of any measures intended to reinforce the conditions of service of labour inspectors and their means of action.

2. Article 3. Supervision of legal provisions. The Committee notes that the inspection report form used by labour inspectors during inspections of workplaces liable to inspection does not appear to envisage supervision of sections 91 to 100 of Federal Law No. 8 of 1980 on occupational safety and health measures and social assistance for workers. With regard to the obligations of the employer established in section 101 of Federal Law No. 8 of 1980, relating to the conditions of transport, accommodation and catering for workers employed in remote areas not served by normal means of transport and determined by ministerial order, the inspection form only envisages supervision by inspectors of the first subsection relating to the obligation to provide such workers with adequate means of transport. The Committee would be grateful if the Government would provide clarifications on the manner in which the enforcement is secured of sections 91 to 100 and section 101(2) to (6) of Federal Law No. 8 of 1980, illustrated by any relevant legal text or document.

3. Article 3, paragraph 2. Further duties entrusted to labour inspectors. The Committee notes with interest, in reply to its previous comments on the subject of the significant proportion of the activities of labour inspectors covering the field of irregular employment, that operations relating to work permits are now entrusted to committees established specifically for this purpose by the Minister. The Committee would be grateful if the Government would keep the Office informed and indicate in its next report the fields of labour law that remain within the competence of labour inspectors and the impact of the lightening of their responsibilities concerning the monitoring of irregular employment on the discharge of their functions relating to the conditions of work and protection of workers while engaged in their work.

The Committee also notes with interest the announcement by the Minister of Labour, at the Fourteenth Asian ILO Regional Meeting held in the Republic of Korea in September 2006, of the establishment of a mechanism to protect foreign workers in the near future and the view expressed that the organization of relations between employers and employees is a priority, particularly with regard to freedom of movement between jobs and the improvement of living conditions. The Committee would be grateful if the Government would inform the ILO of the scope of the functions entrusted to the labour inspectorate in the implementation of the announced measures.

4. Article 3, paragraph 2. Discretion of labour inspectors to give warnings and advice instead of instituting or recommending proceedings. The Committee notes that, under the terms of section 186 of Federal Law No. 8 of 1980, criminal proceedings against those committing violations are not commenced, in so far as possible, until advice and guidance has been provided to the employers and workers concerned and an order, in writing where necessary, has been issued to resolve the violation. With reference to its previous direct request in which it emphasized the necessary complementarity between the enforcement functions and the educational role of labour inspectors, the Committee notes that it may be inferred from the wording of this legal provision that inspectors are not, as required by Article 17, paragraph 2, of the Convention, given discretion as to whether it is appropriate to adopt immediate enforcement action or intermediary persuasive measures of an educational nature, or an injunction. Such discretion is intended to offer inspectors the possibility of adapting the measures taken to the nature of the infringement, the circumstances in which it is committed and the usual conduct of the person responsible in relation to the application of the law. The Committee therefore requests the Government to take the necessary measures to bring the legislation into conformity with the Convention through the adoption of a provision explicitly leaving it to the discretion of labour inspectors to decide freely as to the appropriate action to be taken when a violation is reported, except in the exceptional cases set out in the law in which prior warning has to be given to remedy the situation or preventive measures adopted. It hopes that relevant information will be provided by the Government in its next report.

5. Article 14. Notification of industrial accidents and cases of occupational disease. The Committee notes that section 142 of Federal Law No. 8 of 1980 establishes the obligation for employers to notify industrial accidents and cases of occupational disease immediately to the Department of Labour. Under the terms of sections 144 and 149, the employer is also obliged to pay medical expenses until the worker recovers, an allowance in the event of incapacity of the worker to return to work and financial compensation to the worker’s family in the event of a death resulting from an industrial accident or occupational disease. In its report for the period ending May 2000, the Government indicated that it had organized meetings relating to the amendment of the legislation to improve the system for the notification of industrial accidents and cases of occupational disease with a view to achieving the objectives of Article 14 of the Convention. The Committee would be grateful if the Government would indicate whether progress has been achieved in this respect; if so, please describe the new procedure in force and provide the relevant texts. If not, it requests the Government to indicate whether it has been possible to take measures using new communication technologies for the computerized notification of occupational health and safety incidents, so as to enable the inspectorate to target its preventive action on activities and workplaces characterized by a high frequency of accidents or numerous cases of occupational disease.

With regard more particularly to reported cases of occupational diseases, the Committee would be grateful if the Government would provide information on the manner in which the enforcement of sections 144 and 149 of Federal Law No. 8 of 1980 is secured in relation to foreign workers who have left the country due to incapacity for work.

6. Article 11(a). Accessibility of labour inspectors. The Committee would be grateful if the Government would indicate, particularly in relation to freedom of movement and specific linguistic needs, the means through which foreign workers are able to report to the labour inspectorate a failure by an employer to fulfil her or his obligations towards them or in relation to general occupational safety and health rules.

7. Articles 20 and 21. Annual inspection report. The Committee notes that the annual report on the activities of the labour inspectorate does not contain statistics of workplaces liable to inspection and the number of workers employed therein. The Committee recalls that, in the absence of such data, it is possible to make any assessment of the scope of the coverage by labour inspection in relation to needs and the effectiveness of the inspection system. The Committee therefore requests the Government to ensure that such information is contained in the annual inspection report, in accordance with Article 21(c) of the Convention.

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Referring to its observation, the Committee wishes to emphasize once again the importance of the publication and communication to the International Labour Office of an annual report on the work of the inspection services. At the national level, this is an essential instrument for the government authorities, as well as the social partners, to assess the level of the application of the national legislation respecting conditions of work and to combine their efforts for its improvement. At the international level, such a report allows the ILO’s supervisory bodies to establish and maintain a constructive dialogue with the Government so as to support it in the implementation of the commitments deriving from the ratification of the Convention, thereby bearing witness to its will to achieve the conditions for social peace.

While welcoming the dissuasive penal provisions set out in Order No. 851/2001, the Committee nevertheless wishes to recall that, while the function of inspection necessarily takes on a repressive nature, it also includes missions of an informative and pedagogical character, with regard to both employers and workers, which are designed to prevent, where that is preferable taking into account the objective pursued, the need to have recourse to coercion. This is the objective of the wording of Article 17, paragraph 2, of the Convention, under the terms of which, even where those who violate provisions are liable to prompt legal proceedings, it should be left to the discretion of the labour inspectors to give warning and advice instead of instituting or recommending proceedings.

The Committee is concerned about the position of labour inspectors and their legislative functions in relation to irregular employment, particularly the extent to which the majority of their work appears to be focused on irregular employment to the detriment of their enforcement functions in the area of labour conditions. The Committee requests the Government to provide information as to the role they perform and the manner of its implementation in practice. So as to enable the central labour inspection authority to assess the real impact of the new legislative provisions giving effect to the Convention and the substantial improvements in the resources available to the inspection services, labour inspectors should be encouraged to develop their capacities in the field of reporting, both on their inspection activities and on the results of these activities, and in relation to information and advice.

The Committee expresses the firm hope that the Government will provide information in its next report on all developments concerning the application of the Convention in law and practice and that it will ensure the publication and communication to the ILO, by the central inspection authority, of an annual report containing the information required under each item of Article 21(a) to (g) in the manner advocated by Part IV of the Labour Inspection Recommendation, 1947 (No. 81), which supplements the Convention.

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The Committee notes with interest the developments that occurred in relation to the application of the Convention during the period ending May 2003.

1. Powers of inspectors to have measures adopted to protect workers against occupational risks. The Committee notes that, under the terms of Order No. 851/2001, labour inspectors are empowered, in accordance with Article 13 of the Convention, to have a workplace closed by the competent authority where the safety of the workers is under threat, and to have such a measure raised where the conditions justifying its adoption have been rectified.

2. Adequacy of penalties for violations of the legal provisions covered by the Convention (Article 18). The Committee notes that, with a view to inciting employers to comply more fully with their legal obligations, especially in relation to workers, penalties of imprisonment and fines have also been established in the Schedule annexed to the above Order.

3. Training of labour inspectors and prospects for the strengthening of the human and material resources of the labour inspection services. The Committee notes that many labour inspectors in the interior of the country, and also in Bahrain and Damas, have benefited from various training courses to reinforce their technical and psychological skills with a view to discharging their duties more effectively and that measures are being taken to increase the staff and the logistical, material and teaching resources of the inspection services.

The Committee is addressing a request directly to the Government on certain matters.

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With reference also to its observation, the Committee requests the Government to indicate in its next report whether, as provided for by Article 8 of the Convention, special duties are assigned to men and women inspectors. It further requests the Government to keep the Office informed of the conclusions of the studies, announced in the report, on the promotion of occupational safety and health, and to supply information on the measures taken to improve the system of registration and notification of occupational diseases so as to respect the provisions of Article 14.

Recalling that Article 20, paragraph 2, specifies the publication of annual reports, the Committee stresses that the aim of this provision is to allow the parties concerned to take note of the information in the annual inspection reports, and possibly to make proposals on the subjects covered. It would be grateful if the Government would specify whether these reports, of which a copy is communicated to the ILO, are published in compliance with the provision mentioned above; if not, the Government is requested to take the steps necessary in this respect and to keep the ILO informed.

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The Committee notes the Government's report and the information supplied in reply to its earlier comments. It also notes the annual reports on the activities of the labour inspectorate for 1995, 1996, 1997 and 1998.

In particular, the Committee notes with satisfaction the information concerning a substantial increase in the human and material means available to the labour inspection services, with a view to the correct application of Articles 6, 10 and 11 of the Convention and the launching of a certain number of studies on methods to promote occupational safety and health, and especially to improve the system of notification of occupational accidents, in conformity with Article 14. It also noted with interest, in respect of Article 8, the information regarding the distribution by sex within the labour inspectorate. The Committee expresses the hope that the Government will continue to make efforts to advance the application of the Convention and will supply information on the results achieved, in particular through the regular communication of copies of the annual inspection reports.

The Committee is addressing a request regarding certain points directly to the Government.

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Article 14 of the Convention. The Committee refers to its observation under the Convention and notes with interest the information concerning the number and geographic distribution of the inspection visits of establishments for 1995 and 1996 as well as the statistics in respect of the industrial accidents for 1996. At the same time, the Committee notes however that for reasons of non-observance by certain establishments of the obligation to notify as laid down under legislation, the number of accidents notified does not reflect the real number of accidents. Under section 142, the cases of industrial accidents and occupational diseases must be immediately notified by the employer to the police and to the Ministry of Labour or to the local offices of the Ministry of Labour, and under section 24 of the Ministerial Order No. 32 of 1982 referred to in the Government's report, the employer shall submit to the competent labour department a quarterly report of the industrial accidents and occupational diseases. The Committee notes that under this legislation, which complies with the Convention, the measures taken in 1997, according to the Government's report, for the notification of serious accidents to the competent department of the Ministry of Labour at the same time as the police, reduces the effect of the relevant legal provisions, aforementioned, which oblige the employer to notify all industrial accidents and occupational diseases without making any distinction based on the degree of severity of the said industrial accidents or occupational diseases. The Committee hopes that the Government will ensure a stricter application of these provisions and that it will be able to provide information in its next report in respect of the progress achieved in this regard.

Articles 20 and 21. The Committee notes that the annual reports of the labour inspectorate for 1995, 1996 and 1997 have not been communicated to the ILO. With reference in this regard to its previous comments as well as its general observation of 1996, the Committee notes the Government's information to the effect that no cases of occupational diseases were notified in 1996. The Committee would like to draw the Government's attention to the need to take measures to develop, in cooperation with the medical services and the representatives of the employers' and workers' organizations, an information system enabling the rapid identification of symptoms which may be linked with occupational activity as well as the declared cases of occupational disease. The Committee trusts that the Government will adopt the necessary measures to give effect to the provisions of Article 20 and reiterates its hope that in future the annual inspection reports will contain the information required under point (g) of Article 21.

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The Committee notes the Government's reports and the information provided in response to its previous comments. It notes with satisfaction the detailed information concerning the programme and progress of the initial and further training of labour inspectors, their geographic distribution, by category and by gender, as well as the means which are made available to them to carry out their missions. The Committee also notes the 1996 Annual Report relative to the training sessions of administrative personnel, according to which 184 employees of the inspection services, which is the total number of employees, have benefited from these programmes. Moreover, the Committee notes that 15 new positions have been created for labour inspectors and that the new appointees shall all be holders of university degrees in various disciplines. It would be grateful if the Government would continue to provide information in its next report on the composition and the activities of the labour inspectorate.

The Committee is addressing a request directly to the Government on the application of Articles 14, 20 and 21 of the Convention.

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Article 3, paragraphs 1 and 2, of the Convention. The Committee notes the Government's reply to its previous comments that the Minister of Labour and Social Affairs has issued Circular No. 7 of 5 June 1994 on work visas. It notes that according to this Circular the visa authorities of Abu Dhabi and Dubai and the labour offices throughout the Emirates are instructed to examine and approve visa applications by assessing the documents and records of the applying establishments without the need to actually inspect the establishment unless such inspection is ordered after the said examination. The Committee considers the examination and processing of work visa applications to be additional duties on labour inspectors. Please indicate how it is ensured that such additional duties placed on labour inspectors do not interfere with their primary functions as required by this Article of the Convention.

Article 7. Further to its previous comments, the Committee notes with interest the information provided by the Government containing details of the 16 training courses and technical seminars for labour inspectors, including occupational safety and health inspectors, organized in the country and abroad during the period 1992 to 1994. It also notes the detailed request made to the ILO regarding further training needs during the period 1995-96. The Committee hopes the Office's technical assistance will enable the Government to better meet the requirements of this Article of the Convention. Please continue to provide particulars on developments in this regard.

Articles 20 and 21, paragraphs (c) and (g). Further to its previous comments, the Committee notes the Labour Inspection Report of 1993 and the information contained therein. It notes however that the report does not contain statistics on the number of workers employed in workplaces liable to inspection, and statistics on occupational diseases as required by Article 21(c) and (g) of the Convention. 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.

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Article 3, paragraph 2, of the Convention. The Committee notes that the Government's report does not reply to its earlier comments requesting indications on the measures taken or envisaged to ensure that enforcement of immigration laws and regulations by the labour inspectorate does not interfere with the effective discharge of their primary duties as enumerated in paragraph 1 of this Article. Please provide all details.

Article 7. Further to its previous comments, the Committee notes from the Government's 1992 reply that two training courses, including one on labour safety, were conducted for the benefit of labour inspectors. It notes however that, with the exception of a few labour inspectors (four in 1991 and three in 1992) participating in short seminars and courses given by the Arab regional labour administration project in which the ILO participates, and contrary to earlier indications, no request has been made by the Government to the ILO for technical assistance for training at the national level of labour inspectors in occupational safety. The Committee reiterates its hope that the Government will consider such possibilities shortly.

Article 11, paragraph 1(b). The Committee notes with interest the information provided in reply to its earlier comments.

Articles 20 and 21, paragraphs (c),(f) and (g). The Committee notes that the 1991 labour inspection report sent to the Office appears not to have been published. It draws the Government's attention to the need to publish such reports within the time-limits set in Article 20 and hopes they will contain all the information listed in Article 21 and in particular information on the geographic distribution of labour inspectors within the country, the number of workplaces liable to inspection and the number of workers employed therein and the number of inspection visits (by locality, economic activity, etc.). This should enable all concerned to appreciate whether inspections are as frequent and thorough as necessary to ensure the effective observance of labour legislation, in compliance with Article 16 of the Convention.

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Article 3, paragraph 2, of the Convention. Please indicate what measures have been taken or are envisaged to ensure that enforcement of immigration laws and regulations by the labour inspectorate does not interfere with the effective discharge of their primary duties as enumeratd in Article 3, paragraph 1.

Article 7. The Committee notes from the 1990 annual report on the activities of the labour inspectorate that the labour inspection administration would like the International Labour Office to organise training at a national level for labour inspectors in occupational safety. The Committee hopes that contacts will be established between the responsible branch of the Office and the Government in this connection.

Article 11, paragraph 1(b). The Committee asks the Government to indicate what measures have been taken or are envisaged to ensure that the labour inspectorate have access to transport facilities necessary for the performance of their duties.

Articles 20 and 21. The Committe notes that statistics of industrial accidents and statistics of occupational diseases (Article 21(f) and (g)) are not included in the annual inspection report for 1990. The Committee hopes that future reports will contain all the information required by the Convention and will be published within the time-limits set by the Convention, with a copy being sent to the ILO.

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Articles 20 and 21 of the Convention. The Committee takes note of the annual reports on the activities of the Labour Inspection Department for the period 1986-87. It expresses the hope that, in future, the annual reports will be transmitted to the International Labour Office within the time-limits established by Article 20 and that they will also contain information on the number and distribution of the staff of the labour inspection service and statistics of occupational diseases (Article 21(b) and (g)).