The role of labour inspectors Monday, 25 April 2011 16:46

There is no doubt that the private sectorcontributes a great deal in driving thedevelopment in the Gulf states in generaland Qatar in particular. The working of theprivate sector is regulated by the labour law whichprescribes the minimum rights to be granted to theworkers. The working relationship between employersand workers is defined by the Labour Law No. 14/ 2004, which indicates that “the rights confirmedin this law are the minimum rights of workers andany condition contrary to the provisions of this lawshall be null and void even if it was made beforethe effective date, unless there is more benefit forthe worker. Every exemption or reconciliation or awaiver of rights arising for the worker under thislaw shall be null and void. “

It is worth mentioning that this law was implementedin 2004 and six years have passed sinceits implementation and this is not a long period inaccordance with what is accepted in law. This lawalong with the other legislations contributed to thedevelopment of the State of Qatar and took effortsto keep pace with the development plans that willachieve the vision of Qatar 2030 for which everysector of the state is working.In this context, the human resources Law No. 8 /2009 which regulates the work in the public sectorwas also passed

If the public sector is distinct from the privatesector because of the clear difference between thebenefits and rights received by the employee in thepublic sector, it has been achieved by the applicationof the Human Resources Law accurately andfirmly. So the private sector should not chase thehuman efficiencies and the balance should not beinclined towards a preference for the public sectorover private sector in a way that harms and weakenthe private sector. Therefore, the provision of LabourLaw No. 14/2004 should be applied carefully. Themost important tools and devices that can help theconfidence of working groups in the private sector isthe effectiveness of the system of inspection at work.There is no doubt that the training and developmentof this system and increase of its affiliates in termsof number and kind will play its part in monitoringthe implementation of Labour Law and specially the inspection on matters relating to the rights of workerssince it aims to encourage everyone to join theprivate sector in order to raise the spirit of competitionbetween public and private sectors which willbenefit the national economy in general and pushthe wheel of progress.

The Labour Law with respect to the inspectionpoints out to establishing a Labour Inspection systemin order to monitor the implementation of legislationrelating to the protection of workers and it shall havebranches in various parts of the State. This systemshall consist of a sufficient number of staff of thedepartment of Labour and these employees shall becalled as Labour Inspectors. The help of experiencedpeople in different disciplines can be taken wheneverthe work in the system needed it.

Labour inspectors are committed to respect thelaw and perform their work honestly and sincerelyand not to disclose any secret or industrial facts orany other secrets that they come to know by virtueof their jobs even after leaving these functions.Labour inspectors, who shall be delegated by thedecision of the Attorney General, shall have the statusof law enforcement officers with respect to theimplementation of the provisions of the Labour lawand the implemented resolutions and shall carryidentity cards to prove their qualifications andthey have to inform the employers at the time ofinspection.Labour inspectors shall enjoy many powers includingthe right to enter the workplace at the time ofwork during the day or night without prior notice toexamine the records, books, files or any other documentsrelated to workers to ensure compliance withapplicable laws, control and prove the acts that areviolating these laws. They have right to obtain samplesof the materials used and traded in the institutionand check the machines and different installationsto make sure that there are sufficient and effectivemeans to protect workers from health hazards andrisks of working with the notification of the employeror his representative of any sample or material takenor used for this purpose in addition to inspectingworkers’ residences to determine the suitability andconformity with compulsory health conditions as wellas questioning of the employer or his representativeor any of the workers in private or in the presence ofwitnesses on any of the issues related to the implementationof the provisions of this law.The labour law obligates the employer or his representativeto facilitate the task of labour inspectorsand provide them the correct data about everythingrelated to their profession and respond to the ordersof attendance whenever they are asked to do so.Labour inspectors in case of violations can takethe appropriate action against the violating companyby sending advice and guidance to the employer orhis representative on how to remove the violationand direct warning to the employer to remove theviolation specifying the type of violation and thedeadline required to remove the same and in theend they can write the minutes of the violation andsubmit the same to the concerned department totake appropriate action.It goes without saying that the interest in theprivate sector encourages citizens to configure andmanage special projects for self-realization and reapingprofits, prepares them and gives them leadershipskills and develops in them the skill of investmentand openness for the establishment of giant companiesaway from the government public sector.One of the matters that must be inspected in theprivate sector is the commitment of companies tothe implementation of articles and provisions of theLabour Law No. 14/2004, in particular with regardto the provision of medical care whereas it is notedthat many companies are not interested in providingmedical care in accordance with the law andas a result of it the Hamad Hospital was unable toprovide this service as it should.

Legal Consultation by Abdelaal Al Khalil (Legal Consultant)

Question: I work for a governmentagency. My boss told me thatI was suspended from work. Butthere was no formal letter to confirmthis. Does he have the authorityto suspend me from work? How canI know about the date of any probeinto my case if there was any? Whatkind of investigation procedures arethere in my case?

Answer: The Human ResourcesLaw No. 8/2009, which regulatesdisciplinary accountability, says thefollowing: Employees who violate the dutiesstipulated in the Human ResourcesLaw No. 8/2009 are subject to disciplinaryaction. The Chief Executivecan suspend an employee referred toinvestigation as required. Employees,however, will continue to receive theirtotal salaries. The suspension doesnot exceed 30 days until the ChiefExecutive of the agency issues a decisionin the case. Disciplinary actions can only betaken after a registered interrogation.Employees have to be given the chanceto defend themselves. They can bewarned and the salary of three-dayscan be deducted. Key points in theinvestigation have to be recorded inthe final paper making the decisiontaken in the case of the employee. Employees can appeal suchdecisions at the office of the ChiefExecutive within 30 days. If themanagement does not respond to theappeal within 60 days, this means thatit has rejected it. The Legal Affairs Department atany agency is responsible for investigatingstaff violations at the requestof the boss. Investigations have tohave a serial number, the date, thetime, and the place of the interrogationas well as the name of the peopleconducting the probe, and the peoplewho write proceeds down. The documentsof the probe have to be signedby the writer (s) and the investigator.Employees have to be notified toattend the questioning. If employeesrefuse to receive investigation notification,the questioning can take placein their absence in the light of theprocedures set forth in this law.The investigator’s rank has to beequal to that of the employee investigatedat least. This investigator hasto write down his/her opinions in apaper and submit it to the ExecutiveChairman to take a decision as far asthe investigation is concerned.

Question: I rented an apartmentseven years ago. The contract usedto be renewed automatically withan addition to the value of the rentevery year. But this addition wasnever written down in the contract.A short time ago, however, thelandlord told me that he would notrenew my contract after it terminates.He said he wanted to repair the building. He said he would stopreceiving the rent after the end ofthe contract. Does the landlordhave the right to do this? Can Ideposit the rent at the Rent DisputeCommission? Should I include therent raise to the amount of moneyI will pay?

Answer: According to Lease LawNo. 4/2008, landlords are committedto making the necessary maintenanceto their properties so thatthey can be fit for use. They have theright to perform this maintenance toprotect their properties even if tenantsopposed it. If maintenance hampersuse of the properties totally orpartially, tenants have the right todemand the annulment of the contractor a decrease in its value. Theycan even demand a drop of the rentduring the period of the maintenancein compensation for the damage thathappened to them because of themaintenance.As indicated in Article No. 19 inthe Lease Law No. 4/2008, landlords,even before the end of the lease, havethe right to ask the Commission torelease leased properties if a decisionis made to demolish the building bythe authority concerned or if leasedproperties fall apart in a way thatjeopardises tenants’ safety.Based on this, landlords have thelegal right to carry out necessarymaintenance of their properties. They,however, cannot ask their tenants toevacuate the property unless the ademolition decision was made.As for the value of the rent thatmust be deposited at the Rent DisputeCommission in case the landlordrefuses to take it, the value must bethe same as the last rent regardlessof the value written contract.

Question: I was suddenly calledby police and I was told that I hadto pay a fine of 300 riyals based ona previous ruling. How can such beissued without giving me a notice?How can I protest it?

Answer: According to CriminalProcedure Law No. 23/2004, thePublic Prosecutor in misdemeanour,in which the law requires no imprisonment,can issue a ruling withouthearing defendants or their defence.The prosecutor just decides fines afterreading the investigation documents.However, if he finds the hearing necessary,he notifies the defendant andorder a hearing for the case.The Public Prosecutor can orderfines up to 1,000 riyals in criminaloffences that do not necessitatejailing.Defendants can appeal the fineswithin three days of notification.

Please send your inquiries to: This e-mail address is being protected from spambots. You need JavaScript enabled to view it