CMNT_TITLE

Minimum Age Convention, 1973 (No. 138) - Saudi Arabia (RATIFICATION: 2014)

Other comments on C138

Observation

Direct Request

2020
2019
2016

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The Committee notes the Government’s first report.

Article 1 of the Convention. National policy. The Committee notes the Government’s statement in its report that a proposal on the establishment of a working group to formulate a national policy to eliminate child labour has been submitted to the competent authority. The working group will be composed of several bodies, including the Ministry of Labour and Social Development, the Ministry of Interior, the Ministry of Justice, the Civil Service, the Technical and Vocational Training Corporation, the General Corporation for Social Security, the National Committee for Childhood, the Saudi Chambers Council and the National Committee for Workers’ Committees. The Committee requests that the Government provide information on any progress made with regard to the adoption of the proposed national policy to eliminate child labour and on its implementation.

Article 2(3). Age of completion of compulsory schooling. The Committee notes that section 162 of the Labour Law and section 34 of its implementing regulation establish that the minimum age for admission to employment or work is 15 years. However, a decision taken in 2004 related to the Education Policy Document of 1969 enforces mandatory primary education for six years, which children enter at the age of 6 and complete at the age of 12. According to the UNESCO Institute for Statistics, in 2014, the net enrolment rate in primary school was 96.42 per cent, while the net enrolment rate in lower secondary, which normally enrol children between the age of 13 and 15 years, was estimated at 72.9 per cent. In this regard, the Committee reminds the Government that, if compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which, regrettably, opens the door for economic exploitation of children (see General Survey of 2012 on the fundamental Conventions, paragraph 371). Considering that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to take the necessary measures to ensure compulsory education up to the minimum age for admission to employment or work of 15 years.

Article 7(3). Determination of light work. The Committee notes that, pursuant to section 162(2) of the Labour Law, the Minister of Labour and Social Development may authorize the employment or work of persons between the ages of 13 and 15 years in light work, provided that such jobs shall not be harmful to their health or growth, hinder their school attendance, participation in orientation or vocational training programmes, or impair their ability to benefit from their schooling. The Committee recalls that, by virtue of Article 7(3) of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee requests that the Government indicate the measures taken or envisaged in respect of provisions to determine light work activities and the conditions in which such employment or work may be undertaken by young persons between 13 and 15 years of age.

Article 9(1). Penalties. The Committee notes that Ministerial Order No 4786 of 28/12/1436 A.H. provides corresponding penalties, including fines of: (i) 20,000 Saudi Arabian riyals (SAR) for the employment of children under 15 years old; (ii)SAR10,000 for the violations of employment conditions of young persons; (iii) SAR10,000 for the failure to verify the age of employees and to register young persons; (iv) SAR5,000 for the failure to notify the Labour Office of the employment of young persons; and (v) SAR10,000 for the employment of children in dangerous work or in harmful industries, including in mines or quarries. Additionally, according to section 229 of the Labour Law, the fines shall be multiplied by multiple infringements (the number of workers involved) and doubled for repeated infringements; however, the fine imposed shall not exceed SAR100,000. Additionally, the concerned undertaking may also be closed down for a maximum period of 30 days, or permanently. The Committee requests that the Government provide information on the application of the penalties in practice.

Labour inspection. The Committee notes that the Public Department for Inspection and Development of the Work Environment at the Ministry of Labour follows up, monitors and supervises the application of the Labour Law and its implementing regulations. According to section 198 of the Labour Law, labour inspectors have the right to enter any undertaking which is subject to the provisions of the Labour Law at any time, day or night, without prior notice, and carry out any examinations or investigations required to ascertain proper implementation of the Law. The Committee also notes that in 2015 17 contraventions of provisions of the Labour Law concerning the employment of children have been found, among them, two cases related to section 161 (hazardous work), four cases related to section 162 (minimum age and light work), three cases related to section 164 (employment conditions of young persons), five cases related to section 165 (registration of child employees), and three cases related to section 166 (obligation to report the employment of children to the competent authority). The Committee requests that the Government provide information on the number of inspections carried out by the labour inspectorate, as well as numbers of violations detected with regard to the employment of children and young persons and penalties imposed.