Texts of pending comments

Article 2 of the Convention. Measures to assess and address the gender pay gap and its underlying causes. In its previous comments, the Committee requested the Government to: (1) identify the nature and extent of wage disparities, analyse their underlying causes and adopt the necessary measures to address them; (2) provide information on the measures adopted to that effect and indicate whether pay structures have been established, according to a system of job classification, at the national level for both Saudi and non-Saudi workers; and (3) continue to collect and provide statistical information on the wages of men and women workers at all levels and monitor the gender wage gap in all sectors of the economy, in particular the private sector. The Committee notes the Government’s indication, in its report, that the gender pay gap between male and female workers can be attributed to multiple factors, including the late entry of females in the labour market and the different nature of the work they accept. The Ministry is currently working on developing studies to measure the wage gap and survey the workforce in order to find appropriate solutions. The Government indicates that a number of measures have been put in place to address the causes of the wage gap, such as for example: (1) the launch of a “corporate self-assessment evaluation programme” which requires companies to evaluate their conformity with the labour legislation, and in particular with non-discrimination regulations, prior to the visits of the labour inspectorate; (2) the organization of awareness-raising campaigns on wage discrimination in the media; and (3) the establishment of the “Unified Work Environment Regulations in the private sector” (Regulation No. 4904 of 1442 Hegire (2020)) which require companies to put in place a transparent salary scale that reflects grades and steps according to diplomas, skills and work experience. According to the statistics provided by the Government, the average monthly wage for male workers in the first half of 2021 reached 6,775 Saudi Riyals (SAR) (USD1,800), while for female workers it was SAR5,145 (USD1,400). Women get SAR75 (USD20) for every SAR100 (USD26) earned by men. The Committee recalls that the persistence of significant gender pay gap requires that governments, along with employers’ and workers’ organizations, take more proactive measures to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value. Noting that the Government has identified some of the underlying causes of inequalities in remuneration between men and women, the Committee requests the Government: (i) to provide information on the findings of the studies undertaken to measure the wage gap and survey the workforce in order to find appropriate solutions; (ii) to intensify its efforts to address effectively gender discrimination, gender stereotypes and occupational segregation, and to promote women’s access to a wider range of job opportunities at all levels, including top management positions and higher paying jobs; and (iii) to continue providing statistical information, particularly on men’s and women’s monthly and hourly wages and additional allowances, according to economic sector.

Promoting and enforcing the principle of equal remuneration for men and women for work of equal value. In its previous comments, the Committee asked the Government to take the necessary steps: (1) to reinforce the understanding of the concept of “work of equal value” among workers, employers and their organizations, and public officials, including labour inspectors and judges; (2) to ensure that workers can efficiently avail themselves of their right to non-discrimination in wages for work of equal value pursuant to Order No. 2370/1, including through the development and use of appropriate objective job evaluation methods; and (3) to continue to provide information on any case of non-compliance detected by labour inspectors or complaints of unequal remuneration submitted to them or to a court, and the outcome thereof. In reply, the Government informs the Committee that specific activities were organized to raise awareness of labour inspectors and employers’ and workers’ organizations on the principle of the Convention, including on the importance of formulating workplace policies that are non-gender-biased and using objective and non-discriminatory evaluation factors. The Government indicates that three complaints on wage discrimination were submitted to the courts in 2021 and a fine of SAR20,000 (USD5,300) was imposed for each case but does not specify if those complaints concerned wage discrimination between men and women for a job of equal value. Recalling that difficulties in applying the Convention in law and in practice result in particular from a lack of understanding of the concept of work of equal “value”, the Committee requests the Government to continue organizing awareness-raising activities on the concept of “work of equal value” and the importance of using objective job evaluation systems free from gender bias (namely the under-evaluation of skills considered as “natural” for women, such as dexterity and those required in caring professions, and the over-evaluation of skills traditionally considered as “masculine”, such as physical force) among workers, employers and their organizations, and public officials, including labour inspectors and judges. It further asks once again the Government to ensure that workers can efficiently avail themselves of their right to non-discrimination in wages for work of equal value pursuant to Order No. 2370/1 and to provide information on any case of non-compliance detected by labour inspectors on complaints of unequal remuneration for men and women for work of equal value, submitted to them or to a court, and the outcome thereof.

Article 1(1) of the Convention. Prohibited grounds of discrimination. Legislation. The Committee noted in its previous comments the extension in 2019 of the list of prohibited grounds of discrimination in section 3 of the Labour Law (i.e. “sex, disability and age”) to include “any other form of discrimination” in recruitment, including job advertisements and in the course of employment. It asked the Government to: (1) consider the possibility of including in section 3 of the Labour Law an explicit reference to all the grounds other than sex set out in the Convention (race, colour, religion, national extraction, political opinion and social origin) to avoid any divergent legal interpretations; and (2) clarify whether the non-discrimination provision of section 3 applies to non-citizens. Regarding the incorporation in section 3 of the Labour Law of an explicit reference to the additional grounds of discrimination set out in the Convention, the Government refers in its report to the “Unified Work Environment Regulations in the private sector” prohibiting discrimination during the performance of work, recruitment or in job advertisements, as well as in access to vocational training, on grounds such as sex, disability, age or any other form of discrimination (Regulation No. 4904 of 1442 Hegire (2020)). The Committee asks the Government to take the necessary steps to amend section 3 of the Labour Law with a view to incorporating a comprehensive definition of discrimination which includes direct and indirect discrimination and explicitly includes the seven grounds listed in the Convention. It also asks the Government to indicate whether there have been cases in which the courts have interpreted the expression “any other form of discrimination” as including discrimination based on the other grounds listed in the Convention. Recalling once again that the Convention applies to all workers (nationals and non-nationals), and observing that the Government has not clarified whether the prohibition of discrimination in section 3 of the Labour Law applies only to “citizens”, the Committee is bound to request the Government to ensure that the non-discrimination provision in section 3 also applies to non-citizens so that it covers migrant workers.

Discrimination against migrant workers. The Committee previously urged the Government to continue: (1) taking steps to ensure that all migrant workers, including women migrant workers, enjoy effective protection against discrimination on the grounds set out in the Convention, including effective access to dispute settlement mechanisms and the right to change employer in the event of abuse; (2) taking active measures to increase the effective enforcement of existing legislation and carrying out awareness-raising activities concerning the respective rights and duties of migrant workers and employers; and (3) providing information, disaggregated by sex, race and colour, on the number of complaints lodged by migrant workers, and the number of complaints or cases that have been brought before the courts, and the remedies granted to victims. The Committee observes that, within the framework of the National Transformative Programme and the Labour Reform Initiative (2020), Decision of the Minister of Human Resources and Social Development No. 51848 of 1442 Hegire (2020) was adopted to allow for the possibility of a migrant worker putting an end to his/her employment contract and therefore changing the sponsor/employer providing that a notice period of 90 days is given. According to the Government, within this framework, migrant workers are not now required to obtain an exit visa to leave the country. The Committee notes that the Residence Regulations, issued by Act No. 17/2/25/1337 of 4 June 1959, regulating the entry and exit visa of migrant workers to and from Saudi Arabia, are still in force and have not been amended. Migrant workers are therefore still obliged to obtain permission from the employer or sponsor to leave the country. It notes however the information provided by the Government under the Forced Labour Convention, 1930 (No. 29), according to which it has adopted procedures to regulate and facilitate the granting of visas to workers to enable them to leave the country without the agreement of the employer.

With regard to raising awareness of the respective rights and duties of migrant workers and employers, the Government refers to the Labour Education online portal established to provide information on labour legislation and working conditions, as well as advice services in four languages, including English and Arabic. Awareness campaigns were also conducted through social media in collaboration with the embassies of the countries of origin of migrant workers, business centres, recruitment agencies, etc. According to the Government, during the first half of 2021, amicable settlement departments dealt with 65,789 cases, most of them related to working conditions and trafficking of migrant workers. The Committee takes note of this information. The Committee asks the Government to: (i) take steps to ensure that Decision of the Minister of Human Resources and Social Development No. 51848 of 1442 Hegire (2020) is applied in practice and monitored, and to provide information on the nature and number of cases in which a request for a transfer to another employer has been refused and the basis for such refusal; (ii) communicate a copy of the text regulating the procedures that have been adopted to facilitate migrant workers to leave the country when they have not obtained the agreement of the employer/sponsor, including information on the criteria on the basis of which the employer may still object to a worker’s departure from the country; and (iii) provide statistical information disaggregated by sex and the other prohibited grounds of discrimination on the nature and number of complaints lodged by migrant workers, and on the number of complaints or cases that have been brought to the courts, their outcome and the remedies granted. It also asks the Government to provide information on the complaints lodged (formally or informally) regarding discrimination in wages and conditions of work between migrants and nationals, and also within the migrant community between migrants of different national origin, for the same type of jobs; as well as statistical information disaggregated by sex and the other prohibited grounds of discrimination on the number and nature of the complaints lodged by migrant workers, and on the number of complaints or cases that have brought to the courts, their outcome and the remedies granted.

Article 2. National equality policy. With regard to the adoption of a national equality policy, the Committee notes the Government’s indication that the draft national equality policy is being prepared, in consultation with the ILO and partnership with the government authorities concerned and employers’ and workers’ representatives and that a draft has been submitted for adoption to the competent authority. The Committee hopes that the national equality policy will be adopted in the near future and asks the Government to provide information on any progress in this regard.

Promoting women’s employment. In its previous comments, the Committee asked the Government to: (1) continue taking concrete steps to develop training and job opportunities in a wider range of occupations, including non-stereotypical jobs and decision-making positions, and to assist women to reconcile work and family responsibilities, for example through the development of childcare facilities; and (2) specify whether all sectors targeted by the Saudization policy are open to women. The Committee notes the Government’s indication that the National Platform for Women Leaders was launched as a tool for the authorities to communicate with women leaders with a view to nominating them to leadership positions in official bodies and delegations, as well as to decision-making positions. The Government indicates that to date 1,700 women are working in the private and public sectors and 20 per cent of the seats in the Consultative Council are occupied by women. It also indicates that efforts have been made to assist women to reconcile work and family responsibilities, including by developing the “Qurrah” programme, an e-service provided by the Human Resources Development Fund (Hadaf) that organizes childcare services with a view to supporting an increase in the number of Saudi women working in the private sector. The programme contributes to supporting women’s empowerment by paying part of the cost of the monthly fees for registration in a child hospitality centre licensed by the “Qurrah” programme, up to a maximum of SR800 (US$213) a month per child and for a maximum of two children between the ages of 1 month and 6 years. As of 2020, some 4,185 beneficiaries have been provided with this service and a total of 4,928 children have benefited from the services of child hospitality centres. There are currently 374 accredited child hospitality centres under the programme throughout the country. The Committee notes the Government’s indication that, within the framework of the Saudization policy, a number of sectoral activities have been opened to women, such as pharmaceutical and dental occupations, real estate and commercial sectors, which has contributed to the entry of 417,165 Saudi men and women into the labour market, of whom 54 per cent are women. The Committee asks the Government to continue providing information on the measures taken to enhance the participation of women in the labour market, including through measures to address stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role in the family. The Committee encourages the Government to continue taking steps to address the legal and practical barriers to women’s access to the broadest possible range of sectors and industries, at all levels of responsibility, and to promote a more equitable sharing of family responsibilities between men and women, and to report on the results achieved in this regard.

Article 5. Special protection measures. Restrictions on women’s employment. In its previous comments, the Committee asked the Government to provide information on the steps taken to enforce the application of the 2012 Ministerial Decree prescribing that women no longer need the authorization of a guardian to work and on any cases brought to the labour inspectorate or a court concerning failure to comply with the Decree, and their outcome. The Committee notes the Government’s indication that the 2012 Decree has been implemented by the enactment of Decision No. 14 of 1442 Hegire (2020) and Royal Decree No. 5 of 1442 Hegire. The Committee notes with interest that, as a result, section 150 of the Labour Law (prohibiting night work by women) has been abrogated and section 186 amended, so that work in mines or quarries is not prohibited for women any more, only for workers under 18 years of age. The Committee notes however that section 142 of the Labour Law provides that the Minister shall specify industries and occupations in which the employment of women is prohibited. In light of the above, the Committee asks the Government to take the opportunity of the ongoing labour review process to ensure that any restrictions on women’s employment are limited to maternity in the strict sense, and to provide information on any steps taken in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. In its previous comments, the Committee asked the Government to: (1) take steps to ensure that the necessary measures to prevent and combat sexual harassment in the working environment, pursuant to section 5 of the Anti-Harassment Act of 2018 and its implementing Order, are put in place and raise awareness among employers’ and workers’ organizations as well as public administration employees and enforcement officers on the provisions of this Act; (2) ensure that the definition of sexual harassment in the Act covers both quid pro quo and hostile work environment harassment and that victims have access to appropriate remedies; (3) confirm that the Act applies to all categories of workers and to all sectors of the economy; (4) provide detailed information on the implementation of the Act in practice by employers in both the private and public sectors, in particular regarding the reporting of sexual harassment and the burden of proof; (5) provide information on any cases of sexual harassment detected by or reported to labour inspectors and their outcome; and (6) supply a copy of the Guide on Workplace Ethics. The Committee takes note of the “Regulations on Protection from misbehaviour conducts at the workplace” (Ministerial Decision No. 20912 of 02/02/1441 Hegire (2019) (hereinafter “Regulations”)) adopted pursuant to section 38 of the implementing regulations of the Labour Law and section 5 of the Anti-Harassment Act. It notes that section 1 of the Regulations provides a broad definition of misbehaviour conduct, which includes any form of violence, physical or verbal, exploitation, threat, harassment, including sexual, and any form of discrimination, etc. that occur particularly by using any means of communication, including through the use of modern technology. Section 1 also defines sexual harassment as any unwanted verbal, non-verbal or physical behaviour of a sexual nature with the purpose of violating the dignity of a person or creating an intimidating, hostile work environment. The Committee notes with interest that the definition of sexual harassment in the Regulations covers both quid pro quo and hostile work environment harassment. Pursuant to section 2, these Regulations apply to all workers in the private sector in the workplace; during break time; during work-related trips, travel training, events or social activities; through work-related communications; and when commuting to and from work. According to section 3, the employer has the obligation to take all necessary measures to ensure and provide a safe work environment by preventing and protecting from any form of harassment through relevant sanctions (section 3(1)(2)). The Committee further observes that section 4 requires enterprises to form an internal committee competent to deal with such cases and sets a limit of five working days during which the committee investigates the reported cases and take the appropriate decision whether to refer it or not to the competent authorities (police officers). An act of harassment will result in a five-day salary cut each month for two months. In the case of sexual harassment, the harasser will be immediately suspended without monetary compensation or reward. Disciplinary measures shall not prejudice the right of the victim to submit a complaint to the competent authorities (section 4(8) of the Regulations). Pursuant to section 6 of the Anti-Harassment Act, the penalty for a harassment offence ranges from imprisonment of up to five years and/or a fine. The Government further indicates that section 13 of the Labour Law requires every employer to prepare and prominently display internal work regulations in accordance with the model prepared by the Ministry. The Committee also takes note of the Guide on Workplace Ethics. Furthermore, the Government indicates that a number of channels have been provided for the receipt of harassment complaints, including: (1) the unified call centre (19911) available around the clock in several languages; and (2) the “Monitoring Together” (Ma3an lil Rasd) an electronic platform that enables individuals – citizens and residents – to submit online complaints. The Committee also notes that Ministerial Resolution No. 178743 of 1440 Hegire (2018) updated the table of violations and penalties to the Labour Law. The revised table provides for instance, that any failure by the enterprise to establish a committee to investigate cases of misbehaviour conduct at the workplace is punishable with a fine of minimum 20,000 Saudi riyals (SAR) (USD5,300).

With regard to public sector employees, the Committee takes note of the implementing regulations for human resources in the civil service issued by Ministerial Decision No. 1550 of 1440 Hegire (2018) as well the Council of Ministers Decision No. 555 of 1437 Hegire (2016) approving the Code of conduct in the Public sector, defining general rules of ethics and conduct which prohibits sexual harassment as well as general reporting procedures. The Committee notes that the Government has taken a number of measures to raise awareness on the provisions of the Anti-Harassment Act, including the launch in 2021 by the Human Rights Commission of a specialized group and a unified call centre (unified number 19922), that aims to provide support, in the form of psychological counselling and educational, social and legal guidance, to victims of harassment and their families. According to the Government, during the current year, the Ministry has received 57 complaints relating to misbehaviour acts in general, none of which related to sexual harassment. In light of the limited number of infringements identified, the Committee recalls that the absence or a low number of complaints regarding sexual harassment does not necessarily indicate that this form of sex discrimination does not exist. Rather, it is likely to reflect the lack of an appropriate legal framework, the lack of awareness, understanding and recognition of this form of sex discrimination among government officials, and workers and employers and their organizations, as well as the lack of access to or the inadequacy of complaints mechanisms and means of redress, or fear of reprisals (see the General Survey on the fundamental Conventions, 2012, paragraph 790). While taking due note of the different legislative measures mentioned above, the Committee asks the Government to take proactive actions to give effect to these measures by: (i) increasing awareness about sexual harassment, particularly its underlying causes such as gender stereotypes; and (ii) addressing the causes for underreporting, such as the difficulty to access complaint mechanisms and the fear of reprisals. While noting the establishment of a range of accessible complaint mechanisms to combat sexual harassment in the workplace, the Committee asks the Government to clarify the procedure established for examining complaints of sexual harassment at work, and specifically the provisions dealing with the burden of proof and the possibility for victims to obtain reinstatement and compensation. Please also provide information on the practical application of section 5 of the Anti-Harassment Act, including relevant administrative or judicial decisions handed down and their outcome.

Discrimination based on race, colour and national extraction. Migrant domestic workers. In its previous comments, the Committee asked the Government to: (1) provide details on the procedure of transfer of services and its impact on the employment relationship; (2) take steps to ensure that migrant domestic workers are provided with effective protection against discrimination on all the grounds set out in the Convention; (3) provide information on any cases of discrimination or abuse dealt with by the joint committees and their outcomes; and (4) provide information on its continued cooperation with countries of origin towards the full and effective implementation of bilateral agreements regarding domestic workers. The Committee recalls that migrant domestic workers are covered by Regulation No. 310 of 2014 and the Standard Employment Contract. They may terminate the employment contract by giving a written notice of 30 days. Moreover, under Ministerial Decision No. 605 of 12 February 2017 on the procedures for the transfer of migrant domestic workers, these workers may transfer to a new employer without the employer’s consent for a number of reasons, including for non-payment of wages for three consecutive or isolated months or non-respect of the fundamental obligations agreed by both parties. The Committee notes also the Government’s indication in its report that the Ministry of Human Resources and Social Development holds, on a regular basis, technical meetings with officials and technical personnel in labour-sending States to follow up on the implementation of bilateral agreements signed to regulate the recruitment process. According to the Government, complaints are referred to a committee for amicable resolution within five days. If the matter is not resolved, the committee takes a decision within ten days. It is possible to appeal against this decision to the Labour Court electronically. The Committee takes notes of the details provided on the procedure of transfer of services. Noting that the report is silent on the other points, the Committee asks the Government to provide information on: (i) the impact of the transfer of services on the employment relationship, including any changes in the conditions of work (tasks to be performed, salary, working time, etc.); (ii) the number and nature of transfers of services occurring each year; (iii) the number of migrant domestic workers who have submitted complaints against their employers regarding discrimination and abuse, and the outcome of the cases, indicating whether they have requested and been granted a change of workplace; and (iv) the initiatives taken to raise awareness of migrant domestic workers on their rights.

Articles 1(1)(b) and 2. Promoting employment of persons with disabilities. In its previous comments, the Committee asked the Government to provide information on: (1) the implementation of the “Tawafuq” and “Mowaamah” programmes, which aim to promote equal opportunities and treatment for workers with disabilities; (2) the adoption of the National Strategy for Persons with Disabilities with respect to employment and occupation, including education and vocational training; and (3) the number of workers with disabilities employed pursuant to section 28 of the Labour Law and examples of specific measures taken by employers for the accommodation of such workers. The Committee notes the Government’s indication that, in 2020, out of a total of 99,288 employees with disabilities, 22,691 were employed in the civil service sector; 72,505 in the private sector; and 4,092 were beneficiaries of the “Tawafuq” programme. According to the Government, more than 1,300 companies had obtained a “Mowaamah” certificate for best practice to create an inclusive and supportive work environment for persons with disabilities at the end of the first quarter of 2021. In addition, more than 35 electronic training sessions on the national e-training platform “Doroob” were modified to match the capabilities of persons with disabilities; sign language translations of these courses were provided and appropriate tools added in order to facilitate access. The Committee notes that the Government’s report is silent on the adoption of the National Strategy for Persons with Disabilities. The Committee asks the Government to provide information on the employment rates of persons with disabilities, disaggregated by sex, occupation and economic sector, as well as on any complaints regarding employment discrimination based on disability brought before the competent authorities and their outcomes, including the remedies granted. Noting that the report is silent on this point, the Committee asks again the Government to provide information on any progress made or obstacles encountered in the adoption of the National Strategy for Persons with Disabilities

Monitoring and enforcement. The Committee notes the Government’s reference to section 43 of Ministerial Decision No. 178743 of 1440 Hegire (2018), according to which any employer who commits discrimination shall be punished by a fine of SAR20,000 (USD5,300) (amount multiplied in case of repeated infringements). Seven discrimination cases, based on section 3 of the Labour Law, were detected in 2021 during monitoring patrols by labour inspectors. During 2021, the Ministry offered 38 training programmes and trained more than 970 inspectors on the issue of discrimination. The Committee asks the Government to provide information disaggregated by sex and sectors of activity on the number, nature and outcomes of cases of discrimination in employment and occupation examined by the labour inspectorate and the Courts. In the absence of information in this regard, the Government is asked to provide information on the activities of the women’s support offices in personal status courts, indicating the number and nature of the cases examined.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year (see Articles 1(1), 2(1) and 25 below on trafficking in persons), as well as on the basis of the information at its disposal in 2019.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Law enforcement. The Committee previously requested the Government to indicate the measures taken to ensure that all persons who engage in trafficking are subject to prosecution and that in practice, sufficiently effective and dissuasive penalties are imposed and to provide information on the application of the Human Trafficking Act (Order No. 244 of 2009) in practice, including the number of investigations and prosecutions, as well as the specific penalties applied to those convicted.

The Committee notes the Government’s indication in its report that a number of judicial decisions have been handed down in respect of persons accused of committing the offence of trafficking in persons. The Government adds that labour courts were set up (pursuant to Royal Decree No. 1 of 25 November 2013) and commenced work. During the initial phase, seven labour courts were opened in various regions and cities, in addition to 27 labour departments in various regions and nine labour appeals chambers. Furthermore, the competent authorities have taken numerous awareness-raising measures on a continuous basis with a view to protecting and promoting workers’ rights, by publishing pamphlets in several languages that include explanations of the labour laws and the concepts of human trafficking and forced labour and distributing them to different embassies. In addition, a number of rights organizations conducted media campaigns as part of the programme to promote a culture of human rights and the competent national authorities concluded bilateral agreements with the States concerned, requiring male and female workers to undergo education and training sessions in order to familiarize themselves with their rights and duties. The Committee also notes the Government’s supplementary information, according to which a training contract for 800 labour inspectors has been signed with a view to combating trafficking in persons, for which the curriculum is being developed. Furthermore, in February 2020, the Government initiated the training of 500 staff, including inspectors and other personnel from relevant departments on trafficking in persons.

The Committee notes that, in 2018, among 21,409 labour cases completed by the committees for the settlement of domestic workers’ disputes, 59 cases were transferred as potential trafficking cases. The victims were allowed to bring criminal cases against employers in accordance with the Human Trafficking Act. Their cases have been referred to General Security for the completion of formalities and referral of defendants to the Office of the Public Prosecutor. Those who wish to do so can work in Saudi Arabia for a new employer or may remain in the shelter until their case is completed and they return to their countries. The Ministry of Labour and Social Development undertakes to pay their travel expenses and obtain their financial entitlement, if the employers are convicted. In 2018, the Office of the Public Prosecutor investigated a total of 80 cases related to trafficking in persons, involving 114 defendants. The total number of victims was 121 women, 128 men and 54 children. Of these cases, 49 were referred to the courts after investigation. In the same year, 34 judgments were handed down in cases of trafficking in persons in different criminal courts throughout the country; the penalties varied between imprisonment and fines. The Government adds that, between 30 August 2019 and 30 June 2020, 266 violations were recorded for cases of trafficking in persons.

The Committee further notes that in its 2018 concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expresses its concern about the limited enforcement of the Anti-Trafficking Law, as reflected by the low rates of prosecution and convictions in cases of trafficking in women and girls (CEDAW/C/C/SAU/CO/3–4, paragraph 35(a)). The Committee requests the Government to continue to provide information on the measures taken to strengthen the capacity of law enforcement bodies, in particular the labour inspectorate, to identify cases of forced labour, including trafficking in persons. It also requests the Government to continue to provide information on the number of investigations and prosecutions initiated under the Human Trafficking Act of 2009, as well as the specific penalties applied to those convicted for trafficking. Lastly, it requests the Government to provide information on the outcome of the 266 cases of trafficking in persons recorded between 30 August 2019 and 30 June 2020.

2. Protection and assistance for victims of trafficking in persons. The Government indicates that various services are offered to victims of trafficking, including sustenance, healthcare and accommodation, until their departure. Shelters are guarded and equipped with monitoring systems to ensure that victims are protected during their stay. In addition, victims are provided with legal assistance by claiming their financial rights and referring them to the labour courts or to committees for the adjudication of domestic workers’ claims as appropriate. Corrective regulatory measures are also undertaken (passport recovery, transfer of services, cancellation of malicious absconding reports, termination of contractual relationship and other necessary measures). In addition, a comprehensive plan to provide training to some 1,000 employees over the period of three years on the Human Trafficking Act has been prepared and was launched in mid-2018. To date, there are 700 men and women trainees throughout the country. The Committee also notes the Government’s supplementary information that the Human Trafficking Committee issued indicators on trafficking in persons to help personnel responsible for safety, legal assistance, medical care and social services to identify victims of trafficking in persons in order to provide them with assistance and protection. Furthermore, the Human Rights Commission worked in cooperation with the United Nations Office on Drugs and Crime (UNODC) on training national and local teams on the implementation of the national referral mechanism on trafficking in persons, to ensure coordination in the area of protection, assistance and care for victims of trafficking in the country.

The Committee further notes that in its 2018 concluding observations, CEDAW expresses its concern about the lack of adequate mechanisms to identify and refer to the appropriate social services victims of trafficking or exploitation of prostitution who are reportedly sometimes arrested, detained and deported for acts committed as a consequence of having been trafficked (CEDAW/C/C/SAU/CO/3–4, paragraph 35(c)). The Committee requests the Government to strengthen its efforts with regard to the identification of victims of trafficking for the purpose of both sexual and labour exploitation, and to ensure that appropriate protection and assistance is provided to such victims. It further requests the Government to continue to provide information on the implementation of the national referral mechanism on trafficking in persons. It also requests the Government to provide statistical information on the number of victims who have been identified and who have benefited from adequate protection.

Articles 1(1) and 2(1). Freedom of workers to terminate employment. Referring to section 48 of the Labour Code (on the termination of training or qualification contracts), the Committee requested the Government to provide statistics on the number of cases of trainees that have been required to work after completion of their training period. The Committee notes the Government’s indication that with the exception of on-the-job training and end-of-employment training, the training and recruitment processes are separate and that available statistics are therefore separate. Moreover, the registration of employees with the General Organization for Social Insurance and the records of establishments and data contained therein on workers is available to the Ministry and shows the numbers of workers in general, without specifying which were employed as a result of the employers benefiting from their right under section 48 of the Labour Code.

Article 25. Penalties for the exaction of forced labour. The Committee previously urged the Government to take the necessary measures to ensure that persons who impose forced labour are subject to fully adequate and strictly enforced penalties, as section 61 of the Labour Code does not contain a general prohibition of forced labour but merely lays down an obligation to remunerate the performance of work within the framework of a normal employment relationship.

The Committee takes due note that the Human Trafficking Act prohibits any form of trafficking of any person, including forced labour or service, and prescribes penalties for perpetrators of up to 15 years’ imprisonment and/or a fine.

In this regard, the Committee observes that a person convicted of trafficking or forced labour under the Human Trafficking Act could possibly only be required to pay a fine. Referring to paragraph 319 of the 2012 General Survey on fundamental Conventions, the Committee recalls that, when the sanction may consist only of a fine, it does not constitute an effective sanction in light of the seriousness of the violation and the fact that the sanctions need to be dissuasive. The Committee therefore requests the Government to ensure that adequate and dissuasive sanctions are imposed on persons convicted for forced labour or trafficking offences, in accordance with Article 25 of the Convention, and requests information in this regard.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Articles 1(1) and 2(1) of the Convention. Vulnerable situation of migrant workers to the exaction of forced labour. 1. Migrant workers. The Committee previously noted the observations of the International Trade Union Confederation (ITUC) that many migrant workers in the construction industry were subject to forced labour practices such as delayed payment of wages, passport confiscation and contract substitution. The Committee requested the Government to take the necessary measures to enable migrant workers to approach the competent authorities and seek redress; provide statistical information on the number of violations of the working conditions of migrant workers, and to indicate the penalties applied for such violations. It also requested the Government to indicate the measures taken to ensure that migrant workers who are victims of abuse receive appropriate assistance.

The Committee notes the Government’s reference in its report to a number of implementing Regulations of the Labour Code that cover all workers, whether national or foreign workers. These include Regulation No. 70273 of 20 December 2018, which provides that the employer shall not retain the passport, residence permit or medical insurance card of a non-Saudi Arabian worker (section 6). Moreover, Decision No. 178743 of 31 May 2019, provides that an employer who forces a worker to work shall be liable to a fine of 15,000 Saudi riyals (SAR) (US$4,000) for each worker concerned. An employer who retains the passport, residence permit or health insurance card of a worker and members of his family shall be liable to a fine of SAR5,000 (US$1,300) for each worker concerned. Lastly, Decision No. 156309 of 24 April 2019 on the Contract Registration Programme enables employers to access and update information on the employment contracts of private sector workers. This programme also allows workers to check the data in their contracts via the online services of the Social Insurance institution, which requires establishments to implement Decision No. 156309 in accordance with a specific schedule determined by the size of the establishment. Regarding the measures taken to enable migrant workers to approach the competent authorities, the Government also indicates that the Ministry of Labour set-up a hotline for labour issues, launched a labour advisory service, and established departments for the amicable settlement of labour disputes in labour offices to receive complaints as a procedure prior to filing a labour claim. The hotline responded to 1,601,258 communications in 2018. According to the Government, the Public Security agencies are the bodies in charge of receiving complaints and reports of offences. Moreover, the Public Prosecutor is competent to investigate offences and to decide whether to institute proceedings or close a case in accordance with the regulations and to bring prosecutions before the judicial authorities in accordance with the regulations, within the scope of its competence. The Committee further notes the Government’s supplementary information that support and protection departments and units, established within the Ministry of Human Resources and Social Development in different regions of the country, are responsible for monitoring recruitment agencies, providing services to workers, and receiving complaints from workers and embassies.

The Government also refers to a number of regulatory adjustments, including the insertion of new sections Nos 234 and 235 to the Labour Code providing for procedures for the expeditious settlement of labour disputes. The Committee notes that the total number of violations recorded during the first quarter of 2019 was 85,538, including 12,585 cases of failure by the employer to provide health care and treatment, 4,625 cases of workers being employed without a written employment contract, and 812 cases of non-payment of wages. For cases of non-payment of wages a fine was applied ranging from SAR10,000 to SAR5,000 (US$2,600–1,300). The Government adds that from 30 August 2019 to 30 June 2020, 57,337 violations were detected, including 11,217 cases of failure by the employer to provide health care and treatment, 6,676 cases of non-payment or late payment of wages or payment in a currency other than the official currency and 2,100 cases of workers being employed without a written employment contract. The Government finally states that 12 shelters have been established, providing psychological, legal and labour-related services to beneficiaries, staffed by 120 employees including psychologists. With regard to medical services, public sector workers are covered under the mandatory health insurance system. The Committee urges the Government to continue to strengthen its legal and institutional framework to ensure that, in practice, migrant workers are not exposed to practices that might increase their vulnerability to practices amounting to forced labour, including passport retention and non-payment of wages. The Committee also requests the Government to strengthen the capacity of the labour inspectors and law enforcement bodies to allow better identification and monitoring of the working conditions of migrant workers, and to ensure that penalties are effectively applied for any violations detected. It further requests the Government to continue to provide statistical information on the number and nature of violations of the working conditions of migrant workers that have been recently detected and registered by the labour inspectors, and to indicate the penalties applied for such violations, including in the event of abusive practices by recruitment agencies. Lastly, the Committee requests the Government to continue providing information on the measures taken to ensure that migrant workers who are victims of abuse receive psychological, social, medical and legal assistance as well as the number of persons benefiting from this assistance.

2. Migrant domestic workers. The Committee previously noted the ITUC’s observations that, although covered by Ministerial Decision No. 310 of 2013, migrant domestic workers do not enjoy the same rights as other workers in Saudi Arabia. For example, daily working time is 15 hours under the Regulation, whereas working time for other workers is limited to eight hours per day. The Committee urged the Government to take the necessary measures, in law and in practice, to ensure that migrant domestic workers are fully protected from abusive practices and conditions that amount to the exaction of forced labour.

The Committee notes the Government’s indication that Ministerial Decision No. 61842 of 2017 on the Unified Employment Contract, requires the employer: (i) to issue a salary slip for domestic workers and persons of similar status for every domestic worker through the banks offering this service; (ii) to register the employment contract of domestic workers and persons of similar status electronically through Musaned, the platform for domestic workers. The Committee further notes the Government’s supplementary information that Ministerial Decision No. 172489 provides for the adoption of a contract to regulate and strengthen the contractual relationship between recruitment agencies and their employer clients when recruiting domestic workers through the Musaned system. In addition, the Government indicates that recruitment agencies shall be responsible for receiving and sheltering women domestic workers and providing them with high quality professional shelter services.

Moreover, two domestic labour dispute settlement committees have been established in the Riyadh shelter to provide legal and labour-related services. In 2018, the committees for the settlement of domestic workers’ disputes completed 21,409 cases (labour cases) filed by domestic workers and 439 domestic workers were transferred to the shelter in Riyadh. With regard to medical services, the Government further states that domestic workers are treated free of charge in public hospitals.

The Committee further notes that in its 2018 concluding observations the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed its concern about the situation of migrant domestic workers who continue to be subjected to economic and physical abuse and exploitation, the confiscation of passports by employers and the de facto persistence of the kafala system, which further increases their risk of exploitation and makes it difficult for them to change employers, even in cases of abuse (CEDAW/C/SAU/CO/3–4, paragraph 37). The Committee urges the Government to strengthen the measures taken above to ensure that in practice, migrant domestic workers can approach the competent authorities and seek redress in the event of a violation of their rights or abuses, without fear of retaliation. In this regard, please provide statistical information on the number of migrant domestic workers who had recourse to complaints mechanisms and the results achieved. Lastly, the Committee requests the Government to provide statistical information on the number of migrant domestic workers who have received assistance in the case of abusive working conditions.

3. Sponsorship system (kafala). The Committee previously noted the ITUC’s observations that migrant workers have to obtain permission from their employers/sponsors to transfer employer as well as an exit visa to leave the country. The Committee requested the Government to provide information on the conditions and the length of the procedure for changing an employer, and to provide statistical information on the number of transfers that have occurred recently.

The Committee notes once again the Government’s indication that Chapter 3 of the Labour Code specifies the circumstances in which the employment contract may be terminated and the conditions relating to periods of notice and compensation in the event that one of the parties wishes to terminate the contract. It also specifies the circumstances under which workers are entitled to leave their jobs without notice while retaining their full statutory rights. Section 14 of the implementing regulations of the Labour Code promulgated in Ministerial Decision No. 70273 of 20 December 2018, provide that migrant workers may terminate the contract with the employer and work for another employer. In addition, migrant workers may terminate the contract on condition that the workers give the employer 60 days’ notice in advance of the expiration date that they do not wish to renew the contract and, also, to state whether they wish to remain in the country and transfer to another employer or leave the country definitively. All services relating to a change of employer are carried out electronically. With regard to migrant domestic workers, the Committee notes that they are covered by Regulation No. 310 of 2014 and the Standard Employment Contract. Migrant domestic workers may terminate the employment contract by giving a written notice of 30 days. Moreover, under Ministerial Decision No. 605 of 12 February 2017, on the procedures for the transfer of migrant domestic workers, migrant domestic workers may transfer to a new employer without the employer’s consent for a number of reasons, including for non-payment of wages for three consecutive or isolated months. Lastly, the Committee notes the Government’s indication that the entry and exit of non-nationals to and from Saudi Arabia is governed by the Residence Act and the procedures contained therein.

While noting that Ministerial Decision No. 70273 of 20 December 2018 and Ministerial Decision No. 605 of 12 February 2017 allow migrant workers and migrant domestic workers respectively to transfer to another employer provided a notice period is given, the Committee observes that both are obliged to obtain permission from the employer/sponsor to leave the country (pursuant to Saudi Arabian Residence Regulations, Act No. 17/2/25/1337 of June 1959). The Committee recalls that by restricting the possibility for migrant workers to leave the country, victims of abusive practices are prevented from freeing themselves from such situations. However, the Committee notes of the Government’s indication in its supplementary information that procedures to regulate and facilitate the granting of visas to workers to enable them to leave the country without the agreement of the employer have been adopted. The Committee requests the Government to communicate a copy of the text regulating the procedures that have been adopted to facilitate migrant workers to leave the country when they have not obtained the agreement of the employer/sponsor, and to specify the criteria on the grounds of which the employer may object to a worker’s departure from the country. The Committee requests the Government to provide statistical information on the number of employee departures from the country without an exit visa. The Committee further requests the Government to provide information on the conditions and the duration of the procedure for changing an employer under the sponsorship system, and to provide statistical information on the number of transfers that have occurred since the entry into force of Ministerial Decisions Nos 70273 and 605, disaggregated by gender, occupation and country of origin of workers.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee notes the supplementary information provided by the Government on matters raised in the Direct Request addressed to it, and otherwise reiterates the content of its observation adopted in 2019 and reproduced below.

Article 2(3) of the Convention. Age of completion of compulsory schooling. The Committee previously noted 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, noting that children entered school at the age of 6 and completed the compulsory education at the age of 12, the Committee requested 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.

The Committee notes with satisfaction the adoption of Ministerial Decision No. 14 of 2014 which, read jointly with Ministerial Decision No. 139 of 2004, establishes the age of compulsory education up to 15 years, in line with the minimum age for admission to employment. The Committee also notes that according to the UNESCO Institute for Statistics the net enrolment rate in primary school reached 99.77 per cent in 2018 in comparison to 96.42 per cent in 2014. The Committee requests the Government to provide information on the application in practice of Ministerial Decision No. 14 of 2014, including statistical information on the school enrolment and attendance rates in both primary and secondary education.

The Committee is raising other points in a request addressed directly to the Government.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year (see Articles 1 and 9(1) on national policy and penalties) as well as on the basis of the information at its disposal in 2019.

Article 1 of the Convention. National policy and application in practice. The Committee previously requested the Government to provide information on any progress made with regard to the adoption of the proposed national policy to eliminate child labour and on its implementation.

The Committee notes the Government’s indication in its report that a proposal on the establishment of a working group to formulate a national policy to eliminate child labour was approved by Decree No. 22163 of 2017. The working group held a series of consultations on the draft national policy with relevant stakeholders, including the International Labour Organization and the social partners. The Committee notes the Government’s information in its supplementary report that an initial draft of the national policy has been communicated to the competent authority for approval. The elaboration of a national survey on child labour may also be considered. The Committee requests the Government to provide information on any progress made with regard to the establishment of the national policy to eliminate child labour. The Committee also requests the Government to provide information on any measures taken or envisaged to elaborate a national survey on child labour.

Article 7(3). Determination of light work. The Committee noted 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. The Committee requested the Government to indicate the measures taken or envisaged in respect of provisions to determine light work activities and the conditions in which such light work may be undertaken.

The Committee notes once again the Government’s reference to section 162(2) of the Labour Code. It 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 therefore once again requests the Government to 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). Law enforcement and penalties. The Committee requested the Government to provide information on the number of inspections carried out by the labour inspectorate as well as the application in practice of the penalties provided for in the legislation, including the Labour Law.

The Committee notes the Government’s indication that 152,213 inspections were carried out during the first half of 2019. The labour inspectorate found a number of violations of the Labour Law involving children working during the night-time (three cases), children under 18 years working in mines (four cases), and children working during the weekend (four cases). The Committee also notes the Governments’ information in its supplementary report on the infringements of the relevant provisions of the Labour Law related to the employment of children and young persons detected from August 2019 to June 2020 and penalties imposed. According to this information, 48 violations under section 167 concerning the employment of children below 15 years; 51 violations under section 165 concerning the employment conditions of young persons; and 50 violations under section 164 concerning hours of work of young persons, weekly rest and official holidays were detected. For the above violations a fine of 20,000 Riyals (approximately US$5,333) for the offences under section 167 and a fine of 10,000 Riyals for the offences under sections 164 and 165 were imposed. The Committee also notes once again the Government’s reference to a range of fines applicable under Ministerial Order No. 4786 of 28/12/1436 A.H (2014) for the employment of children under 15 years of age. The Committee requests the Government to continue to provide information on the number of inspections carried out by the labour inspectorate. It also requests the Government to provide information on the number of violations detected with regard to the employment of children and the penalties imposed.

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Comments adopted by the CEACR: Saudi Arabia

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