Observation (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

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

Autre commentaire sur C081

Observation

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Article 3(1) and (2) of the Convention. Labour inspection functions concerning foreign workers. Immigration law. The Committee recalls the discussion in the Committee on the Application of Standards (CAS) of the International Labour Conference at its 100th Session (June 2011) on the application of this Convention and the effective functioning of the labour inspection system, including with regard to the protection of foreign workers. In this respect, the Committee previously noted the findings in an ILO assessment undertaken in December 2011, according to which most labour inspection visits were targeted at verifying the legality of the employment status of foreign workers. The Committee notes that the Government refers in its report, in response to the Committee’s request, to a regularization campaign concerning undocumented foreign workers who have been in the country since 2013, which enabled these workers to regulate their residence situation without being penalized under immigration law. It further notes that during the period of the regularization campaign, the enforcement of expulsion orders did not involve any costs for the foreign workers concerned (i.e. penalties for violations of immigration law or residence and work permit fees). Concerning the sanctioning of workers detected for working without a valid work permit, the Committee observed in its 2017 General Survey on certain occupational safety and health instruments, paragraph 452, that workers in a vulnerable situation may not be willing to cooperate with the labour inspection services if they fear negative consequences as a result of inspection activities, such as the loss of their job or expulsion from the country. Recalling that under the Convention, the primary duty of labour inspectors is to protect workers and not to enforce immigration law, the Committee once again requests the Government to provide information on the labour standards violations found in relation to foreign workers who are in an irregular situation, and any penalties imposed, classified according to the legal provisions to which they relate. Since the Government has not provided a reply in response in this respect, the Committee also once again requests the Government to provide detailed information on the time and resources of the labour inspectorate spent on activities in the area of verifying the legality of employment compared to activities spent on securing the enforcement of legal provisions relating to conditions of work and the protection of workers (relating to working hours, wages, safety and health, child labour, forced labour, etc.).

Protection of the rights of foreign workers, including in relation to the payment of wages. The Committee recalls its comments under the Forced Labour Convention, 1930 (No. 29) published in 2017, in which it noted the observations of the International Trade Union Confederation (ITUC) concerning the widespread situation of wage arrears of foreign workers in the country, who often find themselves in a very difficult situation where their passport was confiscated. It also recalls its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) published in 2017, in which it noted that while the sponsorship system had been formally abolished, it appeared that this system was still applied in practice and that migrant workers suffering abuse and discriminatory treatment may still be reluctant to make complaints out of fear of retaliation by the employer or because of uncertainty as to whether this would lead, among other outcomes, to deportation. In reply to the Committee’s request made under the present Convention on the functioning of the wage protection system, the Government refers to the gradual implementation of the electronic wage protection monitoring system which aims at registering 3,489 enterprises and their mandatory use of this system. The Government also indicates that in 2015, violations of timely payment were established in relation to 4,493 workers employed by 365 undertakings, that 459 cases were referred to the judicial bodies and that 596 penalties were imposed in that year.

Finally, the Committee notes that the Government emphasizes, in response to its request, that the payment of outstanding entitlements, including wages and compensation for workplace injuries, of foreign workers who are in an irregular situation is guaranteed before their return to their country of origin. Welcoming the information on the guarantee of the payment of outstanding entitlements to foreign workers before the return to their country of origin, the Committee once again requests the Government to provide relevant statistics in this respect. Referring to its request made under Convention No. 29, the Committee requests the Government to indicate how labour inspectors assist foreign workers in the event of the violation of their rights, including with respect to matters related to abuse, discrimination, passport confiscation and contract substitution. The Committee requests the Government to continue to provide information on any developments concerning the monitoring of wage arrears in the country, and to continue to provide statistical information on the number of violations detected and the penalties imposed in this respect.

Articles 10, 11 and 16. Number of labour inspectors and inspection visits. Material means available to the labour inspection services. The Committee recalls the commitment made by the Government during the discussions in the CAS in 2010 to create 1,000 additional labour inspection positions. It notes that the number of labour inspectors increased from 210 in 2010 to 606 in 2015 and that the number of labour inspection visits in the same period increased from 90,048 to 148,312. The Committee also notes that the 2015 labour inspection report identifies the insufficient number of labour inspectors in relation to the number of workplaces liable to inspection as a challenge. According to the statistical information in the 2017 annual labour inspection report, transmitted by the Government, there were 548 labour inspectors in 2017 and 76,107 labour inspections undertaken. Noting the decline in the number of labour inspectors, the Committee requests the Government to strengthen its efforts to ensure an adequate number of labour inspectors in relation to the workplaces liable to inspection, as called for under its commitment in the CAS, and to continue to provide information on the number of labour inspectors, including on the number of women inspectors working within the labour inspection services, as well as on the number of labour inspections undertaken. The Committee also requests the Government to provide information on the reasons for the decline in the number of inspections undertaken.

Articles 17 and 18. Enforcement of penalties. The Committee notes from the ILO assessment undertaken in 2011 that most infringement reports imposing penalties were rejected by the courts due to the existing system, which requires the signature of the concerned employers or their representatives. The Committee notes that the labour inspection reports sent by the Government contain statistics on the number of oral and written warnings and the number of infringement reports, but that they do not contain information on the nature of the infringements detected (such as working time, delays in the payment of wages, occupational safety and health, etc.) and the penalties imposed (such as the amount of fines). The Committee requests the Government to provide detailed information on the number of violations detected, the nature of the violations, and their outcome, including infringement reports issued, referrals to the judicial authorities, and the nature of the penalties imposed (fines or imprisonment). The Committee also requests information on any difficulties encountered in the enforcement of penalties for violations detected (such as the rejection of penalties by the courts due to procedural issues), and any measures taken to improve the system for the enforcement of labour law violations.

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