Observación (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (2009)

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.