Order No. (74) of 2007 With Regard to Inspection on those Subject to the Provisions of the Law of Labour Market Regulation
Source: Labour Market Regulatory Authority Management
Minister of Labour, Chairman of the Board of Directors of Labour Market Regulatory Authority:
Having reviewed the Law No (19) of 2002 with regard to Labour Market Regulation;
Legislative Decree No. (75) of 2006 with regard to the Formation of the Board of Directors of the Labour Market Regulatory Authority; and
Following Approval of the Board of Directors of Labour Market Regulatory Authority; and
Upon submission by the Vice Chief Executive Officer of the Labour Market Regulatory Authority;
Orders as Follow:
The following words and phrases shall have the corresponding meaning, unless the context requires otherwise:
Authority: The Labour Market Regulatory Authority.
Minister: The minster concerned with labour affairs in the public sector.
Parties Subject to Inspection: Employers, employees, labour supply agencies, recruitment offices and others who employ foreign workers.
Inspection: The procedures that the employees of the Inspection Directorate of the Authority shall follow to ensure the implementation of the provisions of the Law of the Labour Market Regulation; and the rules, regulation and orders issued to implement the same.
Chief Executive Officer: The Chief Executive Officer of the Authority or the person who carries out his powers subject to the provisions of the law.
Inspector: An employee from the Inspection Directorate of the Authority who is designated to carry out inspection duties.
Care should be exercised when recruiting inspectors to be of such caliber that makes them qualified and possess high degree of integrity and neutrality, and must not have any direct or indirect interest with those who are subject to inspection and they must pass the prescribed training course to occupy the position and also the probationary period which shall not be less than three months.
The inspectors may not be assigned with additional jobs that may contradict with the inspection duties or affect the integrity or the neutrality which must be available in the person who undertakes this assignment.
The inspectors and their superiors, at the time of their appointment or delegation to conduct inspection duties, shall recite the following oath:
“I swear to Almighty God that while I am on the job, I will perform my duties with integrity and honesty, and that I will respect the laws of the Kingdom and the rules in force therein, and vow that I will not reveal any secret that may come to my knowledge as a result of me being on the job, even after I quit this job”.
Following oath taking, minutes of the meeting shall be made and a copy shall be sent to the Directorate of Financial and Human Resources Affairs at the Authority for filling in the inspector’s file.
During his routine work, the inspector shall wear the uniform for such purpose, and shall carry a card that proves his capacity which shall include his photograph. This card shall be signed by the Chief Executive Officer and stamped by the official stamp of the Authority.
The inspector shall have to return this card when he resigns his job as an inspector or when such capacity is forfeited for any reason.
In all cases, the Chief Executive Officer may exempt any inspector from wearing the required official uniform.
a. The Inspection Directorate shall have the following responsibilities:
- Carrying out inspection assignments to ensure implementation of the provisions of the Law of Labour Market Regulation; and the rules, regulation and orders issued to implement the same.
- Conduct studies and research related to the inspection process carried out by the Authority.
- Prepare studies that aim at reinforcing the inspector’s duty with both sides of production.
- To set up guidance and instructions that ensure a swift implementation of the provisions of the Law of the Labour Market Regulation, and the rules, regulation and orders issued to implement the same, and to eliminate any sort of barriers that may hinder the execution of such provisions and raise awareness in respect of the rights and duties and ethics of work. Such guidance and instructions maybe published in any suitable manner that maybe determined by the Chief Executive Officer, a copy of which shall be provided to those subject to inspection, when required.
- Propose systems and instructions that are followed by the Directorate; provided that they are approved by the director of this directorate.
- Study the difficulties that may encounter the inspection duties and suggest the means and solutions that may tackle them.
- Prepare periodical reports in respect of inspection duties.
- Submit opinion in the permits that are issued by the Authority, when it is requested to do so.
b.The Vice Chief Executive Officer for Legal Discipline Affairs and the Director of Inspection Directorate shall:
- Supervise the activities of the inspectors, instruct them and monitor their works.
- Contribute in training and developing the Directorate’s employees and help them improve their efficiency level on a regular basis.
- Ensure integrity during inspection and soundness of the data and information resulting therefrom.
Upon his arrival to the employer site, the inspector has to present himself to the employer or his assign, and present his job card, explain his assignment and the purpose of his visit to the employer with courtesy and good manner which is necessary to gain his appreciation and trust in the task of inspection for which he is delegated.
In all cases, an advance notice must not be sent to the employer with regard to inspection task.
If inspection is carried out as a result of a complaint received by the Authority, the inspector and all of the employees of the Authority must not reveal the identity of the complainant, and they should never uncover this complaint to the establishment, subject to Inspection. The inspection task must be limited to ascertaining the soundness of the complaints.
Notwithstanding the provisions of Article (12) of this Order, the inspectors, at the time their inspection mission, shall have the following powers:
- To enter work sites during working hours in the day or at night, with the aim of carrying out the inspection task on the establishment, subject to the provisions of Article (7) of this Order.
- To review the registers, in respect of which an order shall be issued by the Board of Directors of the Labour Market Regulatory Authority.
- To verify work permits and the identity of foreign workers.
The inspector shall take the following steps in case an offence is found that is not in line with the provisions of Law of the Labour Market Regulation, and the rules, regulations and orders issued for the implementation thereof;
- To make process-verbal documenting the offences relating to the provisions of the Law of the Labour Market Regulation at the place where the offence is detected. The following points should be taken into consideration when making the process-verbal for the offence:
- Submit the process-verbal of offences to the Director of Inspection Directorate or his assign in order to take necessary actions
(a)Meeting with the violator and explaining to him his charge and then listening to his response in this respect. Thereafter, proposing reconciliation, where the Law allows reconciliation for such type of crime, by asking him to pay the minimum amount of penalty prescribed by the Law in respect of such violation, which has to be paid within seven business days from the date of offering him the reconciliation. All these events should be stated in the foregoing process-verbal which should be signed by the inspector and the party, subject to inspection or his assign. If he refuses to sign, this should be clearly documented in the process verbal.
(b)The process-verbal shall be made by one of one of inspectors of the Authority who is authorized and categorized as Judicial Discipline Officer.
(c)Filling all the necessary data and information stated in the prescribed offence form, which the Authority prepares for such purpose. The process-verbal shall include the capacity of the violator, details of the offence and its grounds in the Law of the Labour Market Regulation, and the rules, regulations and orders issued for the implementation thereof;
The Inspection Directorate prepares in advance, periodical programs with regard to those who are subject to inspection during official working hours. These programmes shall be approved by the Director of the Directorate and shall take into consideration the following points:
- To distribute inspection duties in such a way that each inspector shall be responsible for specific working sites after taking into consideration the geographical distribution, number and nature of the working sites, subject to inspection and the number of foreign employees working in such sites.
- To organize an advance programme inspection assignments that are to take place during the week, provided such program shall specify the following:
- Select an appropriate time to fulfill the inspection process, in such a way that the working sites would be inspected while work is in progress, taking into consideration assigning working hours for each site.
- Keep up secrecy of the periodical inspection programms and ensure confidentiality.
a. Name of the designated inspector who shall perform inspection.
b. The working sites where each inspector has to carry out inspection task on each day of the week.
c. Date and time for carrying out every inspection assignment.
d. Indicate the number of cases of summons to testify in front of public prosecution or the courts.
Inspection taking place at night time or after official working hours must be by specific written instructions from the Director of the Inspection Directorate . Such instructions shall specify the work sites that are required to be inspected and names of the inspectors designated to fulfill the task. Such type of inspection shall take place in the following instances:
- Working sites that their working hours are on three shifts bases.
- Working sites that their working hours are at night based on the nature of their business.
- Working sites that conduct seasonal business.
Inspectors who are designated to work at night time or after official working hours shall present reports on the inspection results to their superiors on the following day.
Inspection must cover all those who are subject to it at least once a year, notwithstanding the Law of Labour Market Regulation and the rules, regulations and orders issued for the implementation thereof.
The Inspection Directorate shall keep a copy of the process-verbal of offences detection, inspection registers and other documents and papers related to inspection, and the judgements passed against those subject to Inspection in such a way that it could be easily accessed at times of need.
The Chief Executive Officer shall implement this Order which shall come into force on the next day following the day of its publication in the Official Gazette.
Minister of Labour
Chairman of Board of Directors of the Labour
Market Regulatory Authority
Issued on: 16th Thel-Hejjah 1428H
Corresponding to: 25th December, 2007
Last Update: Tuesday 25 December 2007