Solicitud directa (CEACR) - Adopción: 2018, Publicación: 108ª reunión CIT (2019)

Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) - Qatar (Ratificación : 1976)

Article 1 of the Convention. Scope of application. Categories of workers excluded from the Labour Law. The Committee recalls that in its previous comments it requested that the Government provide information on the measures taken to protect all categories of workers excluded from the scope of Labour Act No. 14 of 2004 against discrimination based on all the grounds enumerated in the Convention. The Committee welcomes the detailed information provided by the Government on the special provisions regulating certain categories of workers excluded from the scope of Labour Act No. 14 of 2004, namely workers engaged in companies in the area of petroleum operations and petrochemical industries, in agriculture and grazing, and domestic workers. The Government states that the exception provided for in section 3 of the Labour Act has not affected the rights and duties of the excluded categories and that this exclusion has not led to discrimination or differentiation between the different categories of workers. It further indicates that the largest employer in Qatar – which is engaged in petroleum activities – and its subsidiaries have issued internal regulations to regulate the rights and duties of these categories of workers and all aspects of the employment relationship. According to the Government, these regulations aim to achieve equality between jobs and nationalities and to prohibit discrimination or differentiation between workers on the basis of sex, colour, nationality or religion with respect to all types of leave, hours of work, health and social care, training, allowances and incentives, discipline, termination of employment and retirement. With respect to workers engaged in agriculture and grazing, the Government indicates that Decision No. 17 of 2012 of the Council of Ministers stresses that this category of workers shall benefit from the same provisions applied to workers in the private sector as prescribed by Labour Law No. 14 of 2004, as amended, with respect to the regulation of employment, especially work contracts, wages, rest periods, weekly and annual holidays, occupational injuries and compensation. In addition, the Government refers to the adoption of Law No. 15 of 2017 on domestic workers, which is examined by the Committee in its observation. Observing that the special provisions relating to the employment of categories of workers excluded from the Labour Law of 2004 do not provide for comprehensive protection against discrimination in accordance with the Convention, the Committee requests the Government to introduce or extend protection for these workers against discrimination, at least on all the grounds enumerated in Article 1(1)(a) and in all aspects of employment and occupation, in accordance with Article 1(2).

Article 5. Special measures of protection and assistance. Since 2006, the Committee has been referring to sections 94 and 95 of Labour Act No. 14 of 2004, which respectively provide that women shall not be employed in dangerous work and establish limitations regarding working time. The Committee notes the Government’s indication that the ministerial orders to be issued pursuant to these sections, which relate to industries, occupations and jobs prohibited for women and to working time, have still not been adopted. The Government adds that there are currently no constraints in law or in practice restricting women’s employment in certain occupations or during certain hours and that it will re-examine these provisions in light of international labour standards. The Committee recalls that a major shift has occurred over time, moving from a purely protective approach to the employment of women to one based on promoting genuine equality between men and women and eliminating discriminatory law and practice. Protective measures for women may be broadly categorized into those aimed at protecting maternity in the strict sense, which come within the scope of Article 5, and those aimed at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society, which are contrary to the Convention and constitute obstacles to the recruitment and employment of women (see General Survey of 2012 on the fundamental Conventions, paragraph 839). The Committee recalls that it considers that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. Restrictions to women’s employment (“non-pregnant” and “non-nursing” women) are contrary to the principle of equality of opportunity and treatment between men and women, unless they are genuine protective measures put in place to protect their health. This protection must be determined on the basis of the results of a risk assessment showing that there are specific risks for women’s health and/or safety. Therefore such restrictions, if any, have to be justified and based on scientific evidence and, when in place, have to be periodically reviewed in the light of technological developments and scientific progress to determine whether they are still necessary for protection purposes. The Committee further recalls that it may be necessary to examine what other measures, such as improved health protection of both men and women, adequate transportation and security, as well as social services, are necessary to ensure that women can access the types of employment concerned on an equal footing with men (see General Survey of 2012, paragraph 840). The Committee also emphasizes the need to adopt measures and put in place facilities to enable workers with family responsibilities, in particular women who continue to bear the unequal burden of family responsibilities, to reconcile work and family responsibilities. The Committee therefore requests the Government to review its approach regarding restrictions on women’s employment in light of the above principles to ensure that any protective measures taken are strictly limited to maternity protection or based on occupational safety and health risk assessments and do not constitute obstacles to the employment of women, in particular their access to posts with career prospects and responsibilities. The Committee requests the Government to provide information on any development in this regard.