Observation (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 29) sur le travail forcé, 1930 - Arabie saoudite (Ratification: 1978)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Arabie saoudite (Ratification: 2021)

Autre commentaire sur C029

Observation

Demande directe

Afficher en : Francais - EspagnolTout voir

Follow-up to the discussion of the Committee on the Application of Standards (International Labour Conference, 103rd Session, May–June 2014)

The Committee takes note of the Government’s report as well as the detailed discussions that took place at the Conference Committee on the Application of Standards in June 2014 concerning the application by Saudi Arabia of the Convention. It also notes the observations of the International Organisation of Employers (IOE) and the Council of Saudi Chambers (CSC) received on 31 August 2014.

Articles 1(1), 2(1) and 25 of the Convention. Vulnerable situation of migrant domestic workers with regard to the exaction of forced labour. In its previous comments, the Committee noted the vulnerable situation of migrant workers, particularly domestic workers, who are excluded from the provisions of the Labour Code and work under the visa sponsorship system. In this regard, the Committee noted from a 2012 report of the International Trade Union Confederation (ITUC) that migrant domestic workers are forced to work long hours, often all day long with little or no time for rest, and that the sponsorship system, also known as the kafala system, ties migrant workers to particular employers, limiting their options and freedom. A migrant worker is not allowed to change employers or leave the country without the written consent of the employer. The ITUC asserted that this system, in conjunction with the practice of confiscating travel documents and withholding wages, puts workers under conditions akin to slavery. However, the Committee also noted the Government’s statement that it was aware of the magnitude and seriousness of the situation of migrant domestic workers and that it was committed to expediting the process of adopting regulations on the work of this category of workers. The Committee took note that the Regulation on domestic workers and similar categories of workers was approved by virtue of Order No. 310 of 7 September 2013, adopted by the Council of Ministers. It noted that this text regulates the employment of domestic workers and similar categories of workers through a written contract and sets out the type of work to be performed, the wages, rights and obligations of the parties, the probationary period, the duration of contract and the method of extension. While noting that the new Regulation constituted a first step towards regulating the work of migrant domestic workers, the Committee observed that the Regulation did not address certain factors identified by the Committee that increase the vulnerability of these workers to situations of forced labour. Particularly, the Regulation did not address the possibility of changing employers or leaving the country without the written consent of the employer, or the issue of the retention of passports. Moreover, it did not appear to provide for recourse for migrant domestic workers to a competent authority for non-financial complaints. The Committee once again urged the Government to take the necessary measures to ensure that migrant domestic workers are fully protected from abusive practices and conditions that amount to the exaction of forced labour.

During the discussions on the application of the Convention at the Conference Committee, in June 2014, the Government outlined the various measures taken recently to protect migrant domestic workers, including the establishment of a new online programme addressing issues concerning migrant domestic workers, the launching of a 24-hour hotline in nine different languages to provide information and advice on the rights of domestic workers as well as various awareness-raising measures on this issue, including through the media. In addition, the Government pointed out that the Regulation on domestic workers, adopted in September 2013, provided various safeguards to domestic workers relating to working conditions. This included protections related to the timely payment of wages, hours of work, sick leave and a day of rest, and provided for penalties of fines or a ban from recruiting workers for a number of years on employers who violated the Regulation. Moreover, the Government had already undertaken a number of initiatives, such as the e-registration of labour contracts and the signing of bilateral agreements with countries of origin, which clearly set out the rights and obligations of each party. The Committee notes that, while the various steps taken by the Government were acknowledged by the Conference Committee, Employer and Worker members stressed that further measures were necessary in order to develop and implement effective action to identify and eliminate all cases of forced labour in the country. Further, the Committee observes the serious concern expressed by several members of the Conference Committee that workers who willingly entered Saudi Arabia in search of economic opportunities subsequently encountered forced labour at the hands of employers, with restrictions on movement, non-payment of wages and passport confiscation.

In the observations submitted in 2014, the IOE and the CSC state that various initiatives have been taken by the Government to combat and eliminate forced labour practices, particularly for migrant and domestic workers. The Government’s commitment to improve the situation of these workers is demonstrated, for instance, through the adoption of Order No. 310 of 7 September 2013, which aims at regulating the relationship between an employer and a domestic worker in a more equitable manner. Moreover, the IOE and the CSC view as a development the signature of bilateral agreements with countries of origin of migrants, such as the agreement signed with the Indonesian Government. In their view, bilateral agreements setting model labour contracts and establishing penalties for recruitment agencies favouring forced labour practices, contribute to providing adequate protection to foreign workers and allow them to continue sending remittances to their countries of origin. They called for a higher number of signed agreements. However, although change had been achieved in the law, practice would take more time, especially with respect to the freedom of movement of migrant workers without the written consent of their employer, and recourse to the competent authority for non-financial complaints.

The Committee further notes the information in the Government’s report that national law and practice seek to eliminate the sponsorship system. The Government reiterates that the Regulation on domestic workers provides for the rights and duties of the contracting parties. These are also reflected in all bilateral agreements which contain model employment contracts. The Government then refers to the adoption by the Ministry of Labour of an integrated plan which is made up of various initiatives including: (i) the setting up of an electronic programme entitled “Musaned” which provides awareness-raising services aimed at explaining the rights of workers; (ii) the Wage Protection Programme which follows up on the payment of financial entitlements due to workers in the private sector; and (iii) a contact centre free of charge launched in eight different languages so as to enable workers to be cognizant of their rights and duties. The Government also indicates that the Labour Code grants the worker the right to leave work even if the employer does not approve his/her departure in a certain number of cases such as when violent acts are committed against the domestic worker. Finally, the Government states that if a domestic worker is subject to practices resembling forced labour, the responsible employer shall be subject to penal sanctions in conformity with the provisions of the Regulation which prohibits trafficking in persons promulgated on 20 July 2009.

The Committee welcomes the various measures taken by the Government to protect migrant domestic workers, as well as the adoption of the new Regulation which constitutes a first step towards regulating the working conditions of this category of workers. It notes however, that neither these measures nor the Regulation address the possibility of leaving the country without the written consent of the employer, or the issue of the retention of passports. In this regard, the Committee notes the information contained in the report of the direct contacts mission of February 2014 concerning the application by Saudi Arabia of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), according to which, although government officials indicated that the “Kafil” system was abolished by legislation some years ago, there was a recognition that this may still occur in practice and therefore legal provisions were being drafted to address it. Moreover, it appears that migrant workers still do not have recourse to a competent authority for non-financial complaints. In this regard, the Committee once again recalls the importance of taking effective action to ensure that the system of the employment of migrant workers does not place the workers concerned in a situation of increased vulnerability, particularly where they are subjected to abusive employer practices, such as retention of passports, deprivation of liberty and physical and sexual abuse, which could cause their employment to be transformed into situations that could amount to forced labour. The Committee therefore requests the Government to continue to take measures to protect migrant domestic workers from abusive practices and conditions that amount to forced labour, including by ensuring that, in practice, victims are treated with gender-sensitivity, are not treated as offenders and are in a position to turn to the competent judicial authorities in order to obtain redress in cases of abuse and exploitation. Moreover, noting the Government’s indication that employers are subject, under national legislation, to criminal sanctions if they engage domestic workers in tasks which resemble forced labour, the Committee requests the Government to provide information on the penalties applied in practice in this regard. It also encourages the Government to continue to negotiate bilateral agreements with countries of origin, consistent with international labour standards, and to ensure their full and effective implementation, so that migrant domestic workers are protected from abusive practices and conditions that amount to the exaction of forced labour. The Committee further requests the Government to provide information on the penalties applied to recruitment agencies for abusive practices, including forced labour. Lastly, the Committee encourages the Government to continue to work with the countries of origin to take measures for the protection of migrant domestic workers prior to departure.

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