CMNT_TITLE

Labour Inspection Convention, 1947 (No. 81) - Saudi Arabia (RATIFICATION: 1978)

Other comments on C081

Observation

Direct Request

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Articles 3(1) and 5(a) of the Convention. Labour inspection functions. Effective co-operation between the labour inspection services and other government services. The Committee notes the information provided by the Government in its report that, in addition to labour inspectors, the Department of Wage Settlement handles wage claims and wage arrears. The Committee also refers to its comments on the Forced Labour Convention, 1930 (No. 29), which notes the establishment of departments for amicable settlement of labour disputes located in labour offices, and of committees for settlement of domestic workers’ disputes. In this respect, the Committee recalls that Article 5(a) requires appropriate arrangements to promote effective co-operation between the inspection services and other government services engaged in similar activities. The Committee therefore requests the Government to provide more detailed information on the relationship between the labour inspection services and dispute settlement services provided under the Ministry of Labour and Social Development (MoLSD). It also requests the Government to provide a new organizational chart of the MoLSD and local labour offices, detailing functional divisions between each department including the labour inspectorate within the MoLSD and local offices.

Articles 3(1), 9 and 13. Labour inspection in the area of OSH. The Committee notes the information in the annual labour inspection report that occupational accidents reported in 2018 include 188 fatal accidents, of which 91 occurred in the building and construction sector. It also notes the information provided by the Government concerning the OSH violations detected in the course of 152,213 inspection visits carried out in the first quarter of 2019, including 384 violations related to the failure of an employer to observe the rules, procedures and levels of OSH within an undertaking, and to take the necessary precautions to protect workers, which resulted in the imposition of fines of 25,000 riyals and the closure of an undertaking for one day. The Committee requests the Government to take specific measures to prevent and reduce fatal occupational accidents, including measures to strengthen the capacity of labour inspectors with respect to the monitoring of OSH, particularly in the construction sector. It requests the Government to continue to provide information on the number of occupational accidents, including fatal occupational accidents, and to indicate the occupation or sector concerned. The Committee also requests the Government to provide further information on the implementation in practice by labour inspectors of the power, in accordance with Article 13, to make orders requiring measures with immediate executory force in the event of imminent danger to the health or safety of the workers, including the number of instances where undertakings were closed for more than one day.

Article 14. Notification of cases of occupational disease. The Committee previously noted the low number of cases of occupational disease notified and requested the Government to describe the relevant notification procedures. The Committee notes that according to the 2018 annual labour inspection report, the number of cases of occupational diseases remains low (four cases). The Government indicates that the measures taken after notifications include: (a) the completion of medical reports and examinations; (b) examination of the case by the social insurance doctor to determine the need for further examinations; (c) notification of necessary reports to OSH inspectors; and (d) field studies of the workplace concerned by OSH inspectors. The Committee further notes the information provided on the ongoing work of developing and updating the schedule of occupational diseases. Noting the persistent low number of cases of occupational disease notified, the Committee requests the Government to continue to provide information on any measures introduced to improve the detection and identification of cases of occupational disease, as well as their notification to the labour inspectorate, including any efforts made to collect information from migrant workers’ countries of origin in this regard.

Articles 12(1) and 15(c). Unannounced inspection visits and confidentiality of the source of any complaint. The Committee notes the statistics provided by the Government in its report and the 2018 annual labour inspection report on the number of inspections carried out in 2018 and in the first quarter of 2019. However, there is no data on the number of inspections initiated based on complaints made to the labour inspectorate. The Committee notes that pursuant to section 202 of the Labour Law, labour inspectors shall adhere to the absolute confidentiality of the complaints received regarding any deficiency in equipment or any violation of the rules of law and shall not reveal to the employer or to the persons who represent them the presence of such complaints. In this respect, the Committee notes the concluding observations of the United Nations Committee for the Elimination of Racial Discrimination (CERD), which recommended that the Government ensure that all migrant workers have access to independent and effective complaint mechanisms without fear of acts of reprisal (CERD/C/SAU/CO/4-9, 8 June 2018, paragraph 22). The Committee also draws the Government’s attention to its 2006 General Survey, Labour inspection, paragraph 236, indicating that compliance with this obligation is a prerequisite for the effectiveness of labour inspection, and that without confidentiality, workers might hesitate to turn to the labour inspectorate through fear of reprisals. The Committee requests the Government to provide further 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, and, with reference to Article 15(c) of the Convention, to the absolute confidentiality of complaints submitted. It also requests the Government to provide information on the number of announced and unannounced visits, including the number of inspections initiated upon complaints, the number of complaints received, the number of violations found and the nature of penalties issued as a result of complaint-based unannounced inspections.

Articles 20 and 21. Content of the annual labour inspection reports. The Committee previously asked the Government to add the statistics of actual penalties imposed in annual labour inspection reports, as required under Article 21(e) of the Convention. The Committee notes the 2018 annual labour inspection report transmitted to the ILO, which contains the number of Ministry of Interior violations (1,541), warnings issued (80,961), and violations recorded (28,992). The report also indicates that the number of measures taken reached 144,987 in total, without specifying the number of penalties or other enforcement measures imposed. The Committee therefore encourages the Government to integrate annual statistics on penalties imposed in labour inspection reports, in accordance with Article 21(e) of the Convention. It also asks the Government to indicate the legal provisions relating to the Ministry of Interior violations. The Committee also encourages the Government to make efforts to elaborate on the present statistics contained in the labour inspection reports, integrating those disaggregated by nationals and non-nationals including those in an irregular situation.