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Comments adopted by the CEACR: Qatar

Adopted by the CEACR in 2020

C029 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government (see paragraph on trafficking in persons) as well as on the basis of the information at its disposal in 2019.
Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes the detailed information provided by the Government in its supplementary report on the activities undertaken by the National Committee for Combating Human Trafficking (NCCHT). Accordingly, from 2019 to July 2020: (i) the Qatari House for Lodging and Humanitarian Care which provides the requisite assistance and protection to victims of trafficking was established; (ii) memoranda of understanding were signed with the Red Crescent and the Qatar Charity for the operation and management of the Qatari House and to support victims of trafficking, respectively; (iii) a dedicated prosecution office for human trafficking was set up within the Public Prosecution Office; and (iv) several training and awareness-raising workshops were conducted in partnership with the ILO, and the British and the United States Embassies on detecting cases of trafficking in persons and the process of dealing with and protecting victims of trafficking. Moreover, the NCCHT participated in marking the World Day Against Trafficking in Persons. The Government further indicates that from 2019 to 2020, 11 cases of trafficking in persons were referred to the NCCHT and a penalty of an average fine ranging between QAR5,000 and QAR20,000 (US$1,374 and US$5,494) was imposed on the six persons accused.
In addition, the Committee notes the Government’s information that two people accused of trafficking in persons were sentenced to ten years imprisonment followed by their deportation from the country. The defendants were charged with the violation of Act No.15 of 2011 on combating human trafficking and ordered to pay each victim an amount of QAR1 million (US$274,725) as compensation while the victims were provided with the necessary health care and accommodation in the Protection and Social Rehabilitation Centre. The Committee welcomes this information and encourages the Government to pursue its efforts to ensure that Act No.15 of 2011 on combating human trafficking is effectively applied and enforced. It also requests the Government to continue to provide statistical data on the number of prosecutions initiated, victims identified, and convictions and penalties imposed for the offences related to trafficking in persons.
Articles 1(1) and 2(1). Freedom of public officials to leave their service. The Committee previously noted that pursuant to sections 161 and 162 of Act No. 8 of 2009 on human resources management, civil servants may submit a request for resignation, which must be approved within 30 days. However, the approval may be postponed for a similar period of 30 days and the civil servant shall continue to work. The Government previously stated in this respect that these provisions are inherent to the nature of the civil service, and aim at ensuring continued operation of the service. The Committee also noted the Government’s information on the measures it was taking to ensure the amendment of section 161 of Act No. 8 of 2009 on human resources management in order to bring it into conformity with Articles 1 and 2.
The Committee notes the information in the Government’s report that the amendment of section 161 of Act No. 8 of 2009 on Human Resources Management is still going through the legislative channels because the amendment requires achieving a balance between the general interest and the freedom of a public official in leaving the service. Moreover, a new ministry has been set up by virtue of Decree No. 4 of 2016 which supervises the implementation of Act No. 8 of 2009. The Government adds that all information relating to public officials is currently being updated and information relating to the application of sections 161 and 162 of Act No. 8 of 2009 will be communicated as soon as the updating process on public officials is completed.
The Committee takes note of this information and once again recalls that the effect of statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law, and is thus incompatible with the Convention. The Committee therefore hopes that the necessary measures will be taken to ensure the amendment of section 161 of Act No. 8 of 2009 on human resources management in order to bring the legislation into conformity with the Convention. Pending the adoption of such measures, the Committee once again requests the Government to provide information on the application in practice of sections 161 and 162, indicating the number of cases in which such resignations were refused, the grounds for refusal and the total period during which the resignations were refused.

C029 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government (see points (i) to (v) under the national legal framework for migrant workers, and point (i) under access to justice and law enforcement), as well as on the basis of the information at its disposal in 2019.
COVID-19 measures. The Committee appreciates the efforts made by the Government to provide information concerning various measures taken in 2020 in the context of the COVID-19 pandemic, including holding remote sessions of the Labour Dispute Settlement Committee to decide on urgent labour issues and claims by domestic workers; resolving complaints and labour disputes via video conferencing; ensuring that employers pay their workers’ wages; and taking legal measures against companies violating the Wage Protection System.
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 Act 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 Act 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 Act 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 Act 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 Act 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 Act 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 Act 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 Act No. 14 of 2004 and Act 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 Act No. 14 of 2004 and Act 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.
The Committee further notes the Government’s information in its supplementary report that the legislative amendments of 2020 have dismantled and abolished the kafala system in Qatar. The Committee notes with interest the Government’s information that the provisions of Labour Act No.14 of 2004 and Act No. 21 of 2015 concerning the termination of employment contracts and change of employment by workers have been amended by Decree Law No.18 of 2020 and Decree Law No. 19 of 2020, respectively. According to Decree Law No. 18, workers may terminate the employment contract during the probation period to transfer to another employer, provided they notify their current employer, in writing, of their intent to terminate the contract at least one month before the date of termination. This requires the new employer to compensate the current employer a portion of the recruitment fees and the air ticket, provided that the amount does not exceed the equivalent of two months of the worker’s basic wage. The law further permits either party to the employment contract, whether fixed-term or permanent, to terminate the employment contract after the probation period, in which case the party wishing to terminate the contract shall notify the other party in writing of their intent to terminate the contract, with a specific notice period of one or two months depending on the number of years of employment. Decree No. 19 further permits expatriate workers to change employer after notifying the Ministry of Administrative Development, Labour and Social Affairs (MADLSA) provided that their residency permit is valid or is within 90 days from the date of expiry, unless it has expired for reasons which are not within their control. The Committee further notes the Government’s information that in 2018 there were 8,653 cases involving a change of employer and from September 2019 to August 2020, there were 17,843 such cases. Welcoming these recent legislative developments, the Committee requests the Government to continue to provide information on the number of employment transfers and termination of employment contracts that have taken place, disaggregated on the basis of contracts of limited duration and contracts of unspecified duration and on the basis of gender and types of work, following the adoption of Decree No. 18 of 2020 and Decree No.19 of 2020. The Committee also requests the Government to indicate when the new employer must compensate the old employer for recruitment and airfare costs.
(ii) Procedure for issuing exit visas. The Committee previously noted that Act 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 Act 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. Act 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 Act No. 13 of 2018 which amends section 7 of Act No. 21 and suppresses the exit permit requirement for migrant workers covered by Labour Act No. 14 of 2004. The Committee notes, however, that this new Act specifies that employers may submit for approval to the 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 Act No. 13 does not cover categories of workers outside of the scope of the Labour Act, 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 Act, notably domestic workers, workers in government and public institutions, workers employed at sea and in agriculture, as well as casual workers.
The Committee notes the Government’s information in its supplementary report that Ministerial Decree No. 95 of 2019, which provides for broadening the scope of exit visas for workers who are not covered by the Labour Act and which abolishes the “no-objection” certificate requirement for workers to change their employer, has been adopted. It notes with satisfaction that Decree No. 95 of 2019 abolishes the exit permit requirement for migrants working in ministries; government bodies, public institutions and organizations; workers in the oil and gas sector and on the maritime vessels of affiliated companies; workers in agriculture and grazing, workers in private offices, and domestic workers. These categories of workers are entitled to leave temporarily or depart the country definitively during the validity of their employment contract. In the case of domestic workers, workers have to inform the employer at least 72 hours in advance of their intent to leave. The Committee requests the Government to provide information on the application in practice of Ministerial Decree No. 95 of 2019, indicating the number and category of workers, disaggregated by gender and types of work, to whom exit visas are granted without requiring a “no-objection” certificate from the employer.
(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 Act 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. In addition, from January to 17 September 2020, 414 inspections were conducted, during which 36 warnings were issued, advice and guidance was provided in seven cases, and three reports were filed.
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 Act 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 Act.
Regarding the implementation of the wage protection system (WPS), the Government indicates that the number of companies registered in the 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 further notes the Government’s information that currently 1,660,000 workers are registered in the WPS. The Government indicates that in January 2020, the WPS unit imposed a ban on 588 companies and later, in the wake of the complete closure and restrictions due to the COVID-19 pandemic, more companies were detected in breach of the WPS and further bans were imposed on 8,756 companies. Moreover, under Decree Law No.18 of 2020, sections 144 and 145 of the Labour Act were amended to include tougher penalties for violating the WPS concerning any delay in the payment of wages or dues to the worker or failure to pay the wages to the worker before their annual leave.
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 further notes the Government’s information that the Worker’s Support and Insurance Fund formed pursuant to Ministerial Decision No. 3 of 2019 is fully operational. The Decree allocates a sum equivalent to 60 per cent of the fees collected for workers’ permits to ensure diverse and adequate resources for paying the workers’ dues and providing them with support. The Government indicates that since its inception, the Fund has dispersed QAR13,917,484 (US$3,823,484) as financial relief to 5,744 workers. The Committee requests the Government to continue to provide information on the work done by the Workers’ Support and Insurance Fund in terms of enabling migrant workers to recover their entitlements. It also requests the Government to continue to provide information on the implementation of the WPS and the application in practice of sections 144 and 145 of the Labour Act, as amended by Decree No. 18 of 2020, including the penalties applied for the delay or non-payment of wages or dues to workers.
(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 Act 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 Act; (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. The Committee further notes that from January to August 2020, a total of 159 complaints by domestic workers against employers were received, of which 55 cases were resolved, 80 cases are being processed, 22 cases have been referred to the court and two cases have been filed for further investigation. 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 Act 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 Act 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 Act 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 30 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. In addition, from January 2019 to August 2020, a total of 24,351 workers submitted complaints, of which 1,810 were closed, 7,242 were referred to the Labour Disputes Settlement Committee, and 469 are under consideration. According to the Government’s report, wage arrears, non-payment for overtime work and the non-reimbursement to the worker of deductions, are some of the most frequent causes of complaints by workers, in addition to the above-mentioned causes. Moreover, the Government indicates that in June 2020, the MADLSA opened an office at its headquarters to implement the rulings of the Supreme Judicial Council, and facilitate and ensure the prompt completion of judicial transactions for workers. The Committee encourages the Government to pursue its efforts to facilitate access of migrant workers to the Labour Disputes Settlement Committees. It requests the Government to continue providing 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, and the persons found to be in violation were forced to return the passports, and several arrest warrants were issued. In addition, 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.

C081 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year and the annual labour inspection report for 2019 submitted by the Government (see Articles 3(1) and (2), 20 and 21 below), as well as on the basis of the information at its disposal in 2019.
The Committee notes the information provided by the Government in response to its previous request concerning Article 15(c) of the Convention concerning the obligation to treat as confidential the existence of a complaint giving rise to an inspection.
Article 3(1) of the Convention. Complaints. The Committee previously noted that, in the first eight months of 2018, there were no labour inspections undertaken as a result of a complaint, and that only seven such occupational safety and health (OSH) inspections were undertaken. The Committee requested information on the total number of complaints received and the number of inspections undertaken in response.
The Committee notes the information provided by the Government, in response, that 17,223 complaints were received in 2018, of which 11,764 were settled, 5,047 were referred to dispute settlement committees, 371 were sent to courts and 27 are under examination. The Government states that the number of complaints addressed by inspectors is not available due to a technical problem. The Committee notes the information provided by the Government in its supplementary report that between 1 January and 1 September 2020 there were a total of 9,422 complaints received, of which 5,362 were settled, 2,496 were referred to committees, 73 were closed, and 1,491 were under examination. No cases were referred to the judiciary. The Government also indicates, in response to the Committee’s request on the measures taken to ensure that workers are made aware of the possibility of submitting complaints, that during inspections, inspectors ensure that workers are informed of the methods available to submit a complaint. Complaints can be submitted by visiting the Ministry of Administrative Development, Labour and Social Affairs, or the Workers’ Complaints Office, or via email or social media. The Government indicates that after reviewing the complaint, the inspection department sends an inspector to verify the complaint directly, making sure to ensure confidentiality. The Committee takes due note of the Government’s indication that one of the skills trainings planned in the strategic training plan concerns confidentiality. The Committee requests the Government to continue to provide information on the total number of complaints received, and to provide the number of inspections undertaken in response to these complaints and the specific results of those inspections. In addition, the Committee requests that the Government provide information on the reason why so few inspections are undertaken as the result of a complaint. The Committee requests the Government to continue to provide information on the measures taken by labour inspectors to ensure that workers are made aware in their own languages of the possibility of, and procedures for, submitting complaints to the labour inspectorate.
Article 3(2). Additional duties entrusted to labour inspectors. The Committee notes the Government’s indication in its report that, pursuant to Decree-Law No. 18 of 2020, the Labour Law was amended to empower labour inspectors to be able to offer “reconciliation” to persons in violation of the Labour Law, after the violation has been rectified and all outstanding payments have been made. The Government states that this will enable inspections to be more effective and contribute to the rapid rectification of violations. The Committee recalls that, in accordance with Article 3(2) of the Convention, additional duties assigned to labour inspectors are not such as to interfere with the effective discharge of their primary duties under Article 3(1). The Committee requests the Government to provide further information on the implementation of section 148 of the Labour Law in practice, including on the proportion of time and resources of labour inspectors that are devoted to the reconciliation procedure, the number of violations removed or otherwise resolved, and the average time period in which violations are removed when compared with the average time period for cases not involving reconciliation.
Articles 14 and 21(f) and (g). Notification. Occupational accidents. The Committee previously noted that the technical cooperation programme with the ILO includes operationalizing a system for registering occupational accidents and diseases. It also noted the Government’s indication that failure to notify the Ministry of Administrative Development, Labour and Social Affairs of an occupational accident or injury resulted in an infringement report being sent to the competent judicial bodies, in accordance with section 108 of the Labour Law and it requested information on the number of such infringement reports prepared. The Committee notes the Government’s statement in reply that there is immediate notification of occupational accidents in all cases, and no infringements were therefore detected. The Committee requests the Government to continue to provide information on the application of section 108 of the Labour Law in practice, including the number of violations, the number of infringement reports prepared, as well as information on the outcome of the reports referred to the judicial system. It also requests the Government to provide information on the measures taken, within the context of the technical cooperation programme, on the operationalization of a system for the registration of occupational accidents and diseases.
Occupational diseases. The Committee previously noted that section 105 of the Labour Law requires the notification of cases of occupational disease detected. It also noted the Government’s indications concerning difficulties in the detection of such cases, in light of the latency period for occupational diseases and the fact that many migrant workers are engaged on short-term contracts.
The Committee notes the Government’s statement that it is strengthening efforts with respect to the collection of statistical information on cases of occupational diseases in the context of the technical cooperation with the ILO, and that work on a database is planned for the end of 2019. It also notes the statement in the Annual Labour Inspection Report of 2018, that no cases of occupational diseases were recorded in 2018, but that efforts to improve the detection of occupational diseases will include the signing of a memorandum of understanding with the Ministry of Health. The Committee requests the Government to continue to provide information on the measures taken to improve the detection and identification of cases of occupational diseases as well as their notification to the labour inspectorate, including the implementation of the Memorandum of Understanding with the Ministry of Health and any efforts to collect information from governments in countries that provide the largest numbers of migrant workers.
Article 16. Self-evaluations submitted to the labour inspectorate. The Committee previously noted that self-evaluation questionnaires on OSH were distributed by inspectors to undertakings employing more than 100 workers. The Committee requested the Government to indicate if follow-up inspections were carried out for each enterprise that submitted a completed self-evaluation questionnaire. In this respect, the Committee notes the Government’s statement that the practice of questionnaires has been discontinued, as the priority of the inspectorate is building and strengthening the capacities of labour inspectors for inspection visits.
Articles 20 and 21. Publication and content of the annual report on the work of the labour inspectorate. The Committee welcomes that the labour inspection policy, adopted in 2019, provides that an annual report on the work of the inspection services will be regularly published by the central inspection authority containing the information required by Convention No. 81. In this respect, it notes with interest the transmission of the Annual Labour Inspection Report for 2018 and 2019. The Committee encourages the Government to pursue its efforts to ensure the preparation and transmission of the annual labour inspection report, containing all the information outlined in Article 21(a)–(g). The Committee requests the Government to provide information on the publication of the annual report, in accordance with Article 20(1) of the Convention.

C081 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year and the annual labour inspection report for 2019 submitted by the Government (see Articles 3, 5(a), 7, 10, 9, 12, 13, 16, 17, 18 and 21(e) below), as well as on the basis of the information at its disposal in 2019.
COVID-19 measures. The Committee appreciates the efforts of the Government to provide information in its report regarding various measures taken in 2020 in the context of the COVID-19 pandemic, including the monitoring undertaken by the Occupational Safety and Health (OSH) Unit of the Labour Inspection Department, through periodic and surprise inspections. The Government provides information on the implementation of awareness-raising and information campaigns, the establishment of inter-ministerial working groups and the creation of a hotline service to receive complaints and observations from workers.
Technical cooperation. Following its previous comments, the Committee welcomes the information in the Government’s report concerning the progress achieved in the context of the technical cooperation programme between the Government and the ILO (2018–20), particularly the second pillar which concerns improving the labour inspection and OSH systems. In this respect, the Committee notes with interest the adoption of the labour inspection policy in April 2019. This policy was developed on the basis of the Assessment of the Qatar Labour Inspection System, prepared by the Ministry of Administrative Development, Labour and Social Affairs and the ILO. The policy includes the collection of data, the implementation of an evidence-based strategy and measures to ensure transparency and accountability of inspections. The Committee notes the information provided by the Government in its supplementary report that it is working on the implementation of the policy, which has been disseminated among all labour inspectors, and that the strategy for implementation focuses on data collection and analysis, and continuous capacity-building of inspectors. The Committee requests the Government to continue to provide detailed information on the measures taken in the context of the ongoing technical cooperation to strengthen the implementation of the Convention, including on the implementation of the labour inspection policy.
Articles 3, 12 and 16 of the Convention. Sufficient number of labour inspections and coverage of workplaces. The Committee previously urged the Government to pursue its efforts with respect to strategic planning and the development of a modern strategic inspection plan. In this respect, the Committee notes with interest the Government’s indication that in March 2019, the strategic unit of the labour inspectorate became operational and began working on developing a modern strategic inspection plan. The Government indicates, in response to the Committee’s previous request on the establishment of priorities, that priorities and objectives for inspections have been identified related to recurrent issues, particularly the prevention of falls from heights and the payment of wages.
The Committee notes the Government’s statement that in 2018, 21,178 undertakings were inspected, with a total of 43,366 inspection visits (compared with 44,550 inspections conducted in 2016). This included 19,328 labour inspection visits, 22,736 OSH inspection visits, and 1,302 inspection visits on wage protection. According to the information in the annual labour inspection report for 2019, 21,644 undertakings were inspected in 2019, with a total of 43,842 inspection visits (21,763 concerning working conditions and 22,079 concerning OSH). The Committee also notes the information provided in response to its previous comments, that most inspections on labour and on OSH did not detect any violations, but that 100 per cent of the wage protection inspections disclosed violations. The inspection visits resulted in: 1,419 infringement reports in 2018 and, for 2019, 235 such reports for OSH and working conditions and 2,318 reports related to the wage protection system; 6,548 warnings to remedy an infringement in 2018 and 8,127 in 2019; 797 suspensions of transactions with the Ministry of Administrative Development, Labour and Social Affairs in 2018 and 495 suspensions in 2019; and 3,524 cases where guidance was provided in 2018 and 3,509 cases in 2019. The information provided by Government indicates that approximately 70 per cent of visits in 2018 and 2019 did not detect any violations (31,078 inspections in 2018 and 30,357 such inspections in 2019 all in the labour and OSH areas).
The Committee takes due note of the information in the annual labour inspection report of 2019 that measures with immediate enforcement were taken in 1,070 cases concerning working conditions and 495 concerning OSH in 2019. The Committee also notes the information in the Government’s supplementary report that between 1 January and 31 August 2020, 19,117 inspection visits to work sites were carried out (resulting in the issuance of 4,945 infringement reports), as well as 4,500 inspection visits to workers’ accommodation (resulting in the issuance of 1,915 infringement reports), and transactions were suspended for 19,131 companies.
The Committee also notes the statement in the Assessment of the Qatar Labour Inspection System that at present, employers are sometimes given prior notice of inspections, either because the inspectors require more information on the location of the worksite, or to allow employers time to gather relevant documentation. The Assessment states that the practice of informing employers of imminent visits must cease, as the effectiveness of an investigation frequently depends on the unpredictability of the visit. Noting that over two thirds of OSH and labour inspection visits did not detect any violations but that all wage protection visits did, the Committee requests the Government to provide information on the most frequent categories of violation in the area of wage protection, as well as information regarding possible reasons for the low detection rates during labour and OSH inspections. It also requests the Government to continue to provide information on the activities of the strategic unit, including the implementation of the modern strategic inspection plan, as well as progress achieved with respect to the priorities and objectives established, including particularly on wages. Recalling that labour inspectors provided with proper credentials shall be empowered to enter freely and without previous notice any workplace liable to inspection in accordance with Article 12, it requests the Government to continue to provide information on the total number of inspections undertaken, as well as on the outcome of these visits, and to specifically indicate the number of these inspections that were unannounced and those that were undertaken with prior notice.
Articles 5(a), 17, 18 and 21(e). Effective cooperation between the labour inspectorate and the justice system, legal proceedings and effective enforcement of adequate penalties. The Committee previously noted that labour inspectors, upon detecting non-compliance, draw up infringement reports which are then referred to the courts for further action. It noted that the outcome of most inspections was no further action. It also noted that the technical cooperation programme included a review of relevant legislation in order to strengthen the enforcement powers of labour inspectors.
In this respect, the Committee welcomes the Government’s indication that plans are under way, in the context of the ongoing technical cooperation, to strengthen enforcement mechanisms and to provide labour inspectors with enhanced enforcement powers. The Government states that labour inspectors will be provided with clear guidance to follow, including the identification of situations requiring immediate action, such as the suspension of activities or the adoption of other stringent enforcement measures to address non-compliance. The Committee also notes the number of infringement reports referred to courts in 2019 was 235 related to working conditions and OSH and 2,318 under the wage protection system. It once again observes that no information on the outcome of these cases has been provided, but notes the Government’s statement, in reply to the Committee’s previous request, that work is under way to provide these statistics. The Committee further notes the statement in the Assessment of the Qatar Labour Inspection System that the Labour Inspection Department does not have readily available information on penalties, fines or imprisonment imposed by the judiciary and that inspectors had expressed frustration with the judiciary’s failure to inform them of the outcome after their referral of a company for court proceedings. In this respect, it notes with interest the Government’s reference to a Memorandum of Understanding between the Ministry of Administrative Development, Labour and Social Affairs and the Supreme Judicial Council, which aims to establish electronic information sharing on the cases referred to courts, the judgments handed down, and relevant appeals. The Committee notes the information in the Government’s supplementary report that the Memorandum also includes the possibility of sharing copies of employment contracts and information on the transfer of wages. The Government indicates that the Memorandum constitutes a first step towards improving cooperation and efficiency, helping litigants and providing support to workers in the country. The Committee urges the Government to continue to pursue its efforts, in the context of the ongoing technical cooperation programme, to strengthen the effectiveness of enforcement mechanisms, including measures to provide enhanced enforcement powers to labour inspectors. It requests the Government to continue to provide specific information on the measures taken to promote effective collaboration between the labour inspectorate and the judicial system, including the implementation of the Memorandum of Understanding. It once again urges the Government to provide information on the outcome of cases referred to the judiciary by labour inspectors through infringement reports, including the penalties imposed and fines collected by virtue of the Labour Law and the legal provisions to which they relate.
Articles 5(a), 9 and 13. Labour inspection in the area of OSH. The Committee previously noted that, pursuant to section 100 of the Labour Law, inspectors have the authority to prepare an urgent report, to be referred to the Minister, if they detect an imminent danger in the workplace. These reports will result in the Minister issuing a decision of partial or total closure until the hazard is removed. It requested information on the number of such reports issued, as well as on the number of occupational accidents, including fatal occupational accidents, and the occupation or sector concerned.
The Committee notes the information provided by the Government in response to its previous request that 22,736 OSH inspections were undertaken in 2018, and 22,079 such visits in 2019 (compared with 14,526 such visits in 2016). It notes the information provided on a number of measures taken by the labour inspectorate related to improving OSH, including: (i) the involvement of the labour inspectorate in the development of a national OSH policy, which will cover data analysis and collection; (ii) preventative activities undertaken by the OSH Department of the labour inspectorate to address heat stress, including targeted inspections on hours of work during the summer; (iii) awareness-raising workshops and an OSH conference to celebrate national OSH day; and (iv) further training for inspectors on OSH issues. The Government indicates that the construction sector remains a priority, and that in the context of the Memorandum of Understanding with Building and Wood Workers’ International (BWI), 13 joint inspections were carried out. The Committee notes the information in the 2019 annual labour inspection report that there were 117 fatal occupational accidents in 2019 (compared with117 in 2017 and 123 in 2018), and it observes that the statistics provided on accidents in the annual labour inspection report are not disaggregated by occupation or sector. It also notes an absence of information on the implementation in practice of closure decisions pursuant to section 100 of the Labour Law, and notes the information in the Assessment of the Qatar Labour Inspection System that the approval process from the Minister to halt activities usually takes two to three days.
The Committee further notes the information provided concerning the implementation of the National Action Plan on Heat Stress between June and August 2020 by the OSH Unit. This included an inspection campaign which resulted in the closure of 263 work sites for violations of the Ministerial Decree on heat stress and working hours. In addition, the Committee notes the Government’s indication that it has strengthened the monitoring of workers’ accommodation with a view to protecting their health and safety. In this respect, the Committee notes that in 2020 the Labour Law was amended to add specifically that housing provided for workers by employers must meet the conditions and specifications in the relevant Ministerial Decision (Ministerial Order No. 18 of 2014 Setting the Conditions and Specifications of Workers’ Accommodations) (section 106bis) and to establish applicable penalties for non-compliance (section 145bis). The Committee urges the Government to continue taking immediate and time-bound measures to address the number of fatal occupational accidents, including further measures to strengthen the capacity of labour inspectors with respect to the monitoring of OSH, particularly in the construction sector. The Committee requests the Government to continue to provide information on the number of occupational accidents, including fatal occupational accidents, and to ensure that this information is disaggregated by occupation or sector. It also requests the Government to continue to provide information on the number and type of OSH inspection visits undertaken and on measures taken to enforce the legislation on heat stress. It requests the Government to provide information on the number of violations detected, the number of infringement reports issued and, in particular, the information previously requested concerning the follow-up given by the judicial authorities to such infringement reports, as well as information on the application of sections 106bis and 145bis of the Labour Law. It further requests the Government to continue to provide information on the joint inspections undertaken with the BWI, including the modalities of these inspections and how the targets of these inspections are selected. Lastly, the Committee requests the Government to provide further detailed information on the implementation in practice by labour inspectors of the power to make orders requiring measures with immediate executory force in the event of imminent danger to the health or safety of the workers, indicating the number of urgent reports and closure decisions issued under section 100 of the Labour Law, and separately under the Ministerial Decree on heat stress and working hours, disaggregated by occupation and sector.
Articles 7 and 10. Recruitment and training of labour inspectors and the effective discharge of their duties. The Committee takes due note that one of the focuses of the labour inspection policy is the establishment of a learning and development framework for labour inspectors. In this regard, the Committee notes with interest the detailed information provided by the Government on the development of a four-year strategic training plan 2019–22 by the labour inspectorate’s strategic unit, which includes three training tracks. It also notes the information provided for 2018 on the number of study visits and training courses, their content, and the number of participants. The Committee further notes the Government’s indication that it will strengthen the capacity of inspectors in the preparation and writing of reports, and concerning the issuance of infringement reports. In addition, the Committee notes the information in the annual labour inspection report that in 2019, 200 inspectors received training on inspection skills, and 196 received training on labour legislation. It further notes the Government’s indication in its supplementary report that the implementation of the strategic training plan was temporarily suspended due to the COVID-19 pandemic, but resumed with remote training on forced labour in July 2020 and on occupational safety and health in October 2020.
In addition, it notes the Government’s indication, in response to the Committee’s previous request on recruitment, that it plans to develop specific standards, qualifications and requirements for newly recruited inspectors, and that new inspectors will follow a specialized introductory training track. Lastly, the Committee notes the information in the 2019 annual labour inspection report that there are four interpreters who work with inspectors. It notes in this respect the statement in the Assessment of the Qatar Labour Inspection System that the number of interpreters working with the inspectorate should be increased. The Committee requests the Government to continue to pursue its efforts to ensure that inspectors receive adequate training for the performance of their duties. In this respect, it requests the Government to continue to provide information on the implementation of the strategic training plan 2019–22, specifying the number of labour inspectors that received training, the duration of such training, the subjects covered, and whether it was induction or continuous training. It requests the Government to continue to provide information on its planned development of standards for the recruitment of inspectors, as well as the introductory training provided to new inspectors. The Committee further requests the Government to continue to provide information on measures taken to ensure the recruitment of labour inspectors and of interpreters able to speak the languages of migrant workers, and to indicate the different languages for which the interpreters provide assistance.
The Committee is raising other matters in a request addressed directly to the Government.

Adopted by the CEACR in 2019

C105 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1(a) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. In its previous comments, the Committee noted that sentences of imprisonment (involving compulsory labour, by virtue of section 62 of the Penal Code and sections 6 and 7 of Decree No. 11 of 2012 on penitentiaries and reformatories) may be imposed under certain provisions of the national legislation in circumstances which are covered by Article 1(a) of the Convention, namely:
  • -section 115 of the Penal Code, which prohibits the dissemination of information or false statements on the country’s domestic situation which damage the economy, the prestige of the State or national interests;
  • -section 134 of the Penal Code, which prohibits any open criticism or defamation of the Prince or his heir;
  • -sections 35 and 43 of Act No. 12 of 2004 concerning associations, which prohibit the creation of political associations and provide for a sentence of imprisonment of between one month and one year for any person who carries out an activity contrary to the purpose for which an association was created;
  • -section 46 of Act No. 8 of 1979 on publications, which prohibits any criticism of the Prince or his heir, and section 47 of the same Act, which prohibits the publication of any defamatory documents on the president of an Arab or Muslim country or a friendly country, as well as documents prejudicial to the national currency or raising confusion concerning the economic situation of the country; and
  • -sections 15 and 17 of Act No. 18 of 2004 on public meetings and demonstrations, which prohibit public assembly without prior authorization.
The Committee requested the Government to take the necessary measures to bring the above-mentioned provisions into conformity with the Convention.
The Committee notes the Government’s indication in its report that, the amendment of sections 115 and 134 of the Penal Code is still under consideration and examination, and that the above-mentioned provisions of Act No. 12 of 2004, Act No. 18 of 2004 and Act No. 8 of 1979 will be considered and examined in order to bring them into conformity with the Convention.
The Committee recalls once again that Article 1(a) prohibits the use of forced or compulsory labour, including compulsory prison labour, as a punishment for holding or expressing political views. The range of activities which must be protected, under this provision, from punishment involving forced or compulsory labour thus comprises the freedom to express political or ideological views (which may be exercised orally or through the press and other communications media), as well as various other generally recognized rights, such as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views and which may also be affected by measures of political coercion (2012 General Survey on the fundamental Conventions, paragraph 302). The Committee therefore requests the Government to take the necessary measures to amend the above-mentioned provisions either by repealing them, by limiting their scope to acts of violence or incitement to violence, or by replacing sanctions involving compulsory prison labour with other kinds of sanctions (e.g, fines), in order to ensure that no form of compulsory labour, including compulsory prison labour may be imposed on persons who, without using or advocating violence, express certain political views or opposition to the established political, social or economic system. The Committee also requests the Government to provide information on the progress made in this regard. Pending the adoption of such measures, the Committee requests the Government to provide information on the application in practice of the above-mentioned provisions, including copies of relevant court decisions.
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