Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Article 25 of the Convention. Penalties for the illegal exaction of forced or compulsory labour. The Committee for many years has expressed its concern about the failure of the Government to comply with Article 25 of the Convention, particularly in light of the special problems faced by migrant workers in Saudi Arabia. The Committee has previously indicated that Article 25 of the Convention requires a member State to have specific provisions punishing the illegal exaction of forced or compulsory labour with penal sanctions. The Committee expressed its hope that measures would soon be taken to introduce such provisions, and that the penalties imposed by law would be really adequate and strictly enforced, as required by the Convention. The Committee notes that in its 2005 report the Government indicated that the new Labour Code would include a text on the prohibition of forced labour and the penalties for its exaction.

The Committee notes the new Labour Code supplied by the Government with its 2007 report. It notes with regret, however, that the Code contains no prohibition on forced labour and no penalties, and that in section 7 it continues to exclude agricultural workers and domestic workers, an exclusion that has particular significance for migrant workers who are often employed in those sectors. The Committee notes, as it has previously, that the lack of such protection for migrant workers exposes them to exploitation in their working conditions, such as retention of their passports by their employers, which in turn deprives them of their freedom of movement to leave the country or change their employment. The Committee asks that in its next report the Government inform it about the measures it is taking to amend the Labour Code to provide for the prohibition of forced and compulsory labour, for penalties for the illegal exaction of forced or compulsory labour, and for such penalties to be adequate and strictly enforceable, as well as measures that encompass migrant workers, with a view to protecting them from being exposed to situations in which they are vulnerable to exploitation of that nature.

Articles 1(1) and 2(1). Vulnerable situation of migrant workers with regard to the illegal exaction of forced labour. The Committee previously noted the adoption, through Decision No. 166 of 12 July 2000 of the Council of Ministers, of “Regulations governing the relationship between employers and migrant workers”, and that according to section 3 of those regulations, “migrant workers may keep their passports or the passports of members of their families and may be authorized to move within the Kingdom as long as they have a valid residence permit”. The Committee has also noted that section 6 provides for the creation of a rapid mechanism for the examination of conflicts which may arise and for their settlement by the competent authority. In its previous observation the Committee expressed the hope that the Government would provide full information on the dispute-settlement mechanism under section 6 of Order No. 166, as well as on the sanctions that may be imposed on an employer for non-observance of those regulations. With regard to the dispute-settlement mechanism under section 6, the Government, in its 2005 report, stated only that the departments at labour offices dealing with such issues undertake to resolve disputes expeditiously, and that delays and backlogs were problems common to labour judiciaries, but the Government had this problem under examination. The Committee hopes that the Government will report on the measures it has taken to establish and bring into operation the rapid dispute settlement mechanism, as prescribed under section 6 of Order No. 166.

The Committee notes that in its 2005 report the Government indicated that the sanctions prescribed under section 6 of Order No. 166 for non-observance of the regulations include terminating the labour relationships and prohibiting an employer from contracting for the employment of migrant workers. The Committee hopes that in its next report the Government will include information about the number of cases and the circumstances in which those sanctions have been imposed to date, as well as information about whether there are any other penalties prescribed by law for violations of the regulations under Order No. 166 and, if so, about the imposition of any such penalties. The Committee hopes that the Government will also explain how it is ensured that the application of sanctions prescribed under section 6 does not adversely affect the workers involved by causing them to be placed in precarious situations that may subject them to further exploitation through the illegal exaction of forced or compulsory labour.

The Committee notes Circular No. 55 of 10 March 2001, which, according to  the Government’s statement in its 2005 report, provides for an employee’s transfer to another employer in cases where long delays in existing dispute-resolution procedures cause economic hardship for the migrant worker involved in the pending dispute. The Committee hopes that the Government will provide information relating to the application in practice of this measure, including the number of cases in which it has been applied.