Observation (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 81) sur l'inspection du travail, 1947 - Bahreïn (Ratification: 1981)

Autre commentaire sur C081

Observation

2022
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Demande directe

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

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

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

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

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

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

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

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