Observation (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 29) sur le travail forcé, 1930 - Qatar (Ratification: 1998)

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Observation

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Articles 1(1), 2(1) and 25 of the Convention. Vulnerable situation of migrant workers to conditions of forced labour. Background and context. The Committee previously noted that at the 103rd Session of the International Labour Conference (ILC) in June 2014, 12 delegates to the ILC, under article 26 of the International Labour Organisation (ILO) Constitution filed a complaint against the Government of Qatar relating to the violation of the Forced Labour Convention, 1930 (No. 29), and the Labour Inspection Convention, 1947 (No. 81). It also noted the discussions which took place at the 104th Session of the Conference Committee on the Application of Standards (CAS) in June 2015, concerning the application by Qatar of the Convention. The Committee further noted that at its 331st Session (October–November 2017), the Governing Body decided to close the complaint against the Government of Qatar and support the technical cooperation programme between the Government of Qatar and the ILO and its implementation modalities. The technical cooperation programme is articulated around five pillars, including: improvement in payment of wages; enhanced labour inspection and occupational safety and health (OSH) systems; refinement of the contractual system that replaces the kafala system; improved labour recruitment procedures, increased prevention, protection and prosecution against forced labour; and promotion of the voice of workers.

1. National legal framework for migrant workers. In its previous comments, the Committee requested the Government to provide information on the following issues: (i) the functioning of the sponsorship system (kafala); (ii) the procedure for issuing exit visas; (iii) recruitment fees and contract substitution; (iv) passport confiscation; (v) the late payment and non-payment of wages; and (vi) migrant domestic workers.

(i) Functioning of the sponsorship system (kafala). In its earlier comments, the Committee noted that the recruitment of migrant workers and their employment were governed by Law No. 4 of 2009 regulating the sponsorship system. Under this system, migrant workers who have obtained a visa must have a sponsor (section 180). The law forbids workers to change employer, and the temporary transfer of the sponsorship is only possible if there is a pending lawsuit between the worker and the sponsor. The Committee also took note of Law No. 21 of 2015 which regulates the entry, exit and residence of migrant workers and which entered into force in December 2016. The Committee observed that the main new feature introduced by the Law of 2015 consisted of the fact that workers may change jobs without the employer’s consent at the end of a contract of limited duration or after a period of five years if the contract is of unspecified duration (section 21(2)) without the employer’s consent; whereas under the Law of 2009, the worker could not return to work in Qatar for two years in case the sponsor refused such transfer. However, it observed that the Law of 2015 did not seem to foresee termination by the expatriate worker before the expiry of the initial contract (that is with a notice period) without approval of the employer nor did it set out reasons and conditions for termination generally, other than in a few very specific cases. The Committee expressed the firm hope that new legislation would remove all the restrictions that prevent migrant workers from terminating their employment relationship in the event of abuse and would enable migrant workers to leave their employment at certain intervals or after having given reasonable notice during the duration of the contract and without the employer’s permission.

Regarding the transfer of workers in abusive situations, the Committee notes that Law No. 21 of 2015 allows the Minister of Interior or its representative to approve the temporary transfer of a migrant worker to a new employer in cases involving lawsuits between a worker and his/her current employer, provided that the Ministry of Labour approves the transfer. The Committee notes the statistical information provided by the Government on the number of workers transferred to new employers from December 2016 to January 2019 which reached a total of 339,420 permanent transfers. It notes that the number of transfers based on abuse reached 2,309 in 2019. The Committee notes the Government’s reference in its report to Minister of Interior Decree No. 25 of 2019 on the issuance of the executive regulations of Law No. 21 of 2015 regulating the entry, exit and residence of foreign nationals. The Committee further notes in the annual progress reports to the Governing Body on the ILO technical cooperation programme in Qatar (annual progress report) that the programme supported the drafting of amendments to Labour Law No. 14 of 2004 and Law No. 21 of 2015 regulating the entry and exit of expatriates and their residence with regard to termination of employment and the removal of the no-objection certificate so as to eliminate restrictions on workers’ freedom of movement to change jobs (GB.337/INS/5 paragraph 18).

The Committee notes that amendments to Labour Law No. 14 of 2004 and Law No. 21 of 2015 to eliminate restrictions on workers’ freedom of movement to change jobs were approved by the Council of Ministers in September 2019, and referred to the Shura Council for consideration. Welcoming this recent legislative development that will enable migrant workers to leave their employment after having given reasonable notice, the Committee trusts that the amendments will be adopted shortly by the Shura Council and requests the Government to provide information on their adoption and entry into force as well as on their application, including data on the number of employment transfers that have taken place, disaggregated on the basis of contracts of limited duration and contracts of unspecified duration and on the basis of gender.

(ii) Procedure for issuing exit visas. The Committee previously noted that Law No. 4 of 2009 on Entry and Exit of Foreign Workers required migrant workers to obtain an exit permit signed by the sponsor in order to leave the country. It subsequently noted the adoption of Law No. 21 of 2015 on Entry and Exit of Foreign Workers which removed the obligation to have the exit permit signed by the sponsor to leave the country. Law No. 21 nevertheless provided that the employer may object to the departure from the country of the expatriate worker in which case the latter had the right to appeal to an Appeals Committee (section 7(2) and (3)). The Committee further observed that the Law did not enumerate the specific grounds on which the employer may object to the departure of the migrant worker from the country. The Committee requested the Government to take the necessary measures to remove the obstacles that limit the freedom of movement of migrant workers.

The Committee notes with satisfaction the adoption of Law No. 13 of 2018 which amends section 7 of Law No. 21 and suppresses the exit permit requirement for migrant workers covered by Labour Law No. 14 of 2004. The Committee notes, however, that this new Law specifies that employers may submit for approval to the Ministry of Administrative Development, Labour and Social Affairs (MADLSA) a list of workers for whom a “no-objection certificate” would still be required, with a justification based on the nature of their work. Positions in which exit permits may be required are limited to the following highly-skilled workers: chief executive officers, finance officers, managers responsible for the oversight of the company’s day-to-day operations and directors of ICT. The number of these workers per company shall not exceed 5 per cent of their workforce. As of May 2019, the number of companies that requested an exception up to a maximum of 5 per cent of the workforce was 12,430 companies, while the number of workers was 38,038. Given that Law No. 13 does not cover categories of workers outside of the scope of the Labour Law, the Committee notes that a Ministerial Decision is to be adopted before the end of 2019 to suppress the exit permit for all workers not covered by the Labour Law, notably domestic workers, workers in government and public institutions, workers employed at sea and in agriculture, as well as casual workers. The Committee trusts that the Ministerial Decision to be adopted by the end of 2019, which extends the coverage of Law No. 13 of 2018 thereby removing the requirement to obtain exit permits for all migrant workers, will be adopted in the very near future. It requests the Government to provide information on developments in this regard.

(iii) Recruitment fees and contract substitution. The Committee previously encouraged the Government to ensure that recruitment fees are not charged to migrant workers. It also requested the Government to ensure that contracts signed in sending countries are not altered in Qatar. The Committee notes the Government’s indication that amendments to section 33 of Labour Law No. 14 of 2004 provide that: “A licensee shall be prohibited from recruiting workers from abroad on behalf of third parties and from receiving any money for recruiting workers in the form of payment, recruitment fees or other costs”. The Government underlines that this provision has been added to the basic contracts signed by all migrant workers in order to clarify to employers and workers that the Qatari law prohibits employers from imposing any recruitment fees. The Committee further notes that the work of recruitment agencies is regulated by Ministerial Decree No. 8 of 2005 which ensures that recruitment is carried out by licensed companies and respects all workers’ rights. There are currently 349 recruitment agencies that have a valid license under this system. Moreover, Decree No. 8 holds recruitment agencies in the country responsible for selecting recruitment agencies in the country of origin that comply with the law. To this end, 36 bilateral agreements and 13 memoranda of understanding have been signed with workers’ countries of origin in order to provide legal protection for them prior to their employment. According to the Government, the MADLSA follows up on the work of the labour recruitment offices acting on behalf of a third party to recruit workers and inspects them periodically or without prior notice. The Government states that in 2019, 337 inspection visits have been carried out and four warnings have been issued.

The Committee also takes note of the establishment of the electronic contract models for migrant workers including migrant domestic workers. According to the Government, in 2018, the total number of electronic contracts approved by the MADLSA covered 389,810 workers registered in the system of electronic contract. Furthermore, the Committee notes the establishment of the Qatar Visa Centre in the labour-sending countries in which fingerprint and medical screening procedures are carried out before the worker arrives in Qatar and the contract is signed electronically. The signing of the contract electronically by a worker allows him/her to read the contract in his/her native language, giving him/her a better chance to understand the contract and negotiate its terms if he/she is not satisfied with any of the terms included therein. The Committee notes that Visa Centres were opened in six labour-sending countries – Sri Lanka, Bangladesh, Pakistan, Nepal, India and the Philippines, with future plans to open Centres in Tunisia, Kenya and Ethiopia. All the services provided by the Centres are free and performed electronically, while the cost is borne by employers and paid through a bank transfer. Additionally, the Committee notes that in line with the ILO General Principles and Operational Guidelines for Fair Recruitment, a “Fair Employment Programme” is being implemented with the Government of Bangladesh, as a pilot project in the construction sector. The Committee requests the Government to continue to take measures to ensure that recruitment fees are not charged to workers, and to provide information on violations detected in this regard. Considering the establishment of the electronic contract system to be an important initiative which can contribute to reducing contract substitution, the Committee requests the Government to continue to provide information on the number of workers, including domestic workers registered in the electronic contract system.

(iv) Passport confiscation, late payment and non-payment of wages. The Committee notes that section 8(3) of Law No. 21 of 2015 prohibits passport confiscation and any person who violates this provision shall be sentenced to a maximum fine of 25,000 Qatari riyals (QAR) (US$6,800). According to the Government, the residency permit is now issued in a separate document and not included in passports. Ministerial Decree No. 18 of 2014 specifies the requirements and specifications of suitable accommodation for migrant workers, in a manner which enables migrant workers to keep their documents and personal belongings, including their passports. Surveys conducted in 2017 and 2018 by Qatar University’s Social and Economic Survey Research Institute (SESRI) showed that passport retention became less common among entities covered by the Labour Law.

Regarding the implementation of the wage protection system (WPS), the Government indicates that the number of companies registered in WPS was 80,913 and the percentage of workers whose salaries were transferred on time to their bank accounts increased to 92.3 per cent while the percentage of unpaid workers was at 7.7 per cent. The Committee notes with interest the establishment of the “Workers’ Support and Insurance Fund” which aims to guarantee the payment of workers’ entitlements that are determined by Labour Disputes Settlement Committees in the event of a company’s insolvency and if it is unable to pay wages in order to avoid actions that may take time and affect the ability of workers to fulfil their obligations towards their families or others. The Fund also aims to facilitate the procedures for return of migrant workers, including domestic workers to their country of origin. The Fund is currently working on a pilot and partial basis, and final regulations will be adopted with a view to ensuring the Fund’s full operation by the end of 2019. The Committee requests the Government to continue to provide information on the work achieved by the Workers’ Support and Insurance Fund in terms of enabling migrant workers to recover their entitlements.

(v) Migrant domestic workers. In its previous comments, the Committee expressed the firm hope that the draft Bill on Domestic Workers will be adopted.

The Committee notes with interest the adoption of Law No. 15 of 2017 on migrant domestic workers as well as the model contract approved by the MADLSA in September 2017. It notes that migrant domestic workers shall be entitled to: a paid probationary period (section 6); a monthly wage paid at the end of the month (section 8); maximum hours of work not exceeding ten hours a day (section 12); and a paid weekly rest holiday that is not less than 24 consecutive hours (section 13). The Committee further notes that migrant domestic workers can terminate their employment contract before the end of its duration in a number of cases, including: (i) failure of the employers to meet their obligations specified in the provisions of this Law; (ii) provision of misleading information during the conclusion of the employment contract; (iii) physical violence from the employers or a member of their families; and (iv) in the event of a serious danger which threatens a worker’s safety or health, provided that an employer was cognizant of the danger.

The Committee also notes the statistical information provided by the Government on the number of convictions and fines imposed on employers of female domestic workers in 2018. It notes that 16 cases of violence were reported followed by 12 convictions of an average of one month of imprisonment. According to the Government, the MADLSA and the ILO will issue two manuals for domestic workers and employers of domestic workers, based on the projects of related organizations and the Migrant-Rights NGO. The Handbook on Domestic Workers will be printed in several languages and will provide information on the main provisions of Law No. 15 of 2017. The Handbook for Employers will be printed in Arabic and English and will also provide information based on the rights and responsibilities of employers as provided for in Law No. 15 of 2017. These manuals will be launched as part of a wider public awareness campaign on the rights and responsibilities of domestic workers and their employers in Qatar. The Committee requests the Government to continue to provide information on the application in practice of Law No. 15 of 2017, indicating the number and nature of complaints filed by migrant domestic workers and the outcome of such complaints, including the penalties applied.

2. Access to justice and law enforcement. In its previous comments, the Committee requested the Government to provide information on: (i) access to the complaints mechanism; and (ii) monitoring mechanisms for infringements of the labour legislation and imposition of penalties.

(i) Access to the complaints mechanism. The Committee notes the Government’s indication that access to the complaints mechanism is free of charge and the related devices are available in 11 languages. The Committee further notes the establishment of the Labour Disputes Settlement Committees (Cabinet Resolution No. 6 of 2018) mandated to take decisions within a period not exceeding three weeks in all disputes related to the provisions of the law or the work contract. According to the Government, each worker or employer must submit, in case a dispute arises between them, the case first to the competent department of the Ministry (Labour Relations Department), which takes the necessary measures to settle the dispute amicably. The agreement is documented in the minutes of the dispute settlement meetings and has an executory force. If the dispute is not settled or the worker or employer refuse the settlement of the competent department, the dispute shall be referred to the Labour Disputes Settlement Committee. The decision of the Labour Disputes Settlement Committee may be appealed within 15 days from the issuance of the decision (if in presence of parties), or as of the day following the issuance of the decision (if its decision was in absentia), and the competent Court of Appeal shall consider the appeal rapidly, and take its decision within thirty days as of the date of its first hearing. The Committee further notes that a Protocol was agreed upon between the MADLSA and the ILO which allows workers to submit complaints using the facilitation of the ILO Office in Doha. It also notes that, based on that Protocol, the ILO has lodged 72 complaints for 1,870 workers, resulting in the conclusion of 43 cases (1,700 workers). The remaining cases are either on appeal, pending the outcome of criminal cases, or in process (GB.337/INS/5 paragraph 46). In 2018, the total number of workers submitting a complaint reached 49,894 and were mainly cases related to the late payment of wages, travel, tickets, end of service bonus and leave allowance. Out of these complaints, 5,045 cases were referred to the Labour Disputes Settlement Committees and 93 cases were settled. The Committee encourages the Government to pursue its efforts to facilitate access of migrant workers to the Labour Disputes Settlement Committees. Please continue to provide statistical information on the number of migrant workers who have had recourse to these Committees, the number and nature of the complaints as well as their outcome.

(ii) Monitoring mechanisms on the infringement of labour legislation and imposition of penalties. The Committee notes the Government’s indication that the number of labour inspectors reached 270 dedicated to migrant worker-related issues. In this regard, the Committee refers the Government to its detailed comments under the Labour Inspection Convention, 1947 (No. 81).

Regarding the applicable penalties, the Committee notes the Government’s indication that section 322 of the Penal Code No. 11 of 2004 stipulates that: “Whoever forcibly obliges somebody to work with or without a salary shall be liable to imprisonment of a term of up to six months and a fine not exceeding QAR3,000 (US$826), or one of these two penalties”. The number of criminal reports issued because of non-payment of wages during 2018, which were referred to the courts by the Office of Residence Affairs, reached 1,164 cases.

During 2015, the Human Rights Department of the Ministry of Interior received 168 complaints related to passport retention, all of which were referred to the Public Prosecution. The majority of the complaints have been investigated into, and the persons who were found to be in violation were forced to return the passports, and several arrest warrants were issued. 232 cases of passport confiscation were referred to the Public Prosecution in 2016 and 169 cases were referred to the Public Prosecution in 2017. In 2018, two cases of passport confiscation were reported and the average fine ranging from QAR5,000 to QAR20,000 (US$1,300 to US$5,000) was imposed on the two defendants. The Committee observes, however, that the penalties imposed consist only of fines. The Committee reminds the Government that, by virtue of Article 25 of the Convention, the exaction of forced or compulsory labour shall be punishable as a penal offence, and the penalties imposed by law shall be really adequate and are strictly enforced. Underlining once again the importance of effective and dissuasive penalties being applied in practice to those who impose forced labour practices, the Committee urges the Government to ensure that thorough investigations and prosecutions of those suspected of exploitation are carried out and that in accordance with Article 25 of the Convention, effective and dissuasive penalties are actually applied to persons who impose forced labour on migrant workers, especially the most vulnerable migrant workers. The Committee requests the Government to continue to provide information on the judicial proceedings instigated as well as the number of judgments handed down in this regard. It also requests the Government to provide concrete information on the actual penalties applied, indicating the number of cases in which fines were imposed, the number of cases in which sentences of imprisonment were imposed as well as the time served.