Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 81) sur l'inspection du travail, 1947 - Arabie saoudite (Ratification: 1978)

Autre commentaire sur C081

Observation

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Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 100th Session, June 2011)

Articles 2, 3, 10 and 21 of the Convention. Functioning of the labour inspection system. The Committee takes note of the discussion held in the Committee on the Application of Standards during the 100th Session of the International Labour Conference (June 2011), on the application of the Convention by Saudi Arabia. It notes that in its conclusions, the Conference Committee emphasized the importance of the statistical information requested under Article 21 of the Convention to enable an objective evaluation to be made of the extent to which the legal provisions relating to conditions of work and the protection of workers are respected (Articles 2 and 3 of the Convention). The Committee further stressed the importance of statistical information on the conditions of work of migrant workers, in view of the predominance of migrant workers in the labour market. Drawing the Government’s attention to the vulnerability of migrant workers, the Conference Committee finally called on the Government to redouble its efforts to ensure that the labour inspectorate was able to guarantee, through both promotional and enforcement action, that the rights of migrant workers were being effectively protected.

The Committee notes that, according to the Government, and in accordance with what the Government representative stated before the Conference Committee, measures have been taken and others are envisaged to strengthen the efficiency, efficacity and coverage of the labour inspection system. It notes in particular with interest the information concerning: (i) the recent recruitment of 1,000 inspectors, now undergoing training; (ii) the establishment of a standardized electronic database making available detailed statistics on labour inspection matters; (iii) the strengthening of the labour inspectorate’s power; and (iv) the 20 per cent wage increase of labour inspectors. Furthermore, pursuant to the recommendations of the Committee on the Application of Standards, the Government submitted a request of technical assistance to the ILO for the organization of a tripartite seminar on international labour standards, particularly Convention No. 81, in which the labour inspectors will participate.

The Committee also takes note of the annual report on labour inspection activities for 2009–10, provided at the request of the Conference Committee. It notes that the infringements reported and the penalties imposed by the labour inspectorate seem mainly to concern provisions of the Labour Code dealing with the promotion of the employment of Saudi workers (the “Saoudization” of employment) and the validity of migrant workers’ work permits. Referring to paragraph 78 of its 2006 General Survey on labour inspection, the Committee recalls that the primary duty of the labour inspectors is to protect workers and not to enforce immigration law. The fact that labour inspection in general has the power to enter establishments without prior authorization allows it more easily than other institutions to put an end to abusive working conditions of which foreign workers in an irregular situation are often the victim, and to ensure that workers benefit from recognized rights. The function of verifying the legality of employment should therefore have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour inspection.

The Committee would be grateful if the Government would keep the ILO informed of progress made during the period covered by the next report, thanks to the action undertaken to strengthen the labour inspectorate, including with the technical assistance of the ILO, in terms of the effective application of the statutory provisions relating to conditions of work and the protection of all workers without distinction.

The Committee would be grateful if the Government would provide in its next report detailed data, especially on the workplaces liable to labour inspection and the number of workers employed there, the number of visits, as well as the number of infringements and penalties imposed, while specifying the subject of the statutory provisions to which they refer. Finally, it asks the Government to provide information on the activities jointly carried out by the labour inspection services and other public authorities if applicable.

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