Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Labour Inspection Convention, 1947 (No. 81) - Saudi Arabia (Ratification: 1978)

The Committee takes note of the Government’s report and its annexes, received on 18 September 2009, including the annual report of the work of the labour inspectorate for the period 2008–09.

Article 21 of the Convention. Content of the annual labour inspection report. The Committee notes with interest that the provisions of the Labour Law promulgated by Royal Decree No. M/51 dated 23 Sha’ban 1426 (27 September 2005) and published in 2006, relating to work inspection (sections 194–209), are in full compliance, in particular, with the spirit and the letter of the provisions of Articles 3, 4, 6, 7, 9, 12, 13, 14, 15, 17, 18, 19 and 21 of the Convention. However, the Committee remarks that the annual report on the work of the labour inspectorate still does not contain statistics on specific violations committed and penalties imposed (Article 21(e)), despite the relevant provision of section 206(5) of the Labour Law. Such information is essential to allow an assessment of the level of compliance with the Convention, as it is designed to indicate whether the labour inspection activities mainly focus on the enforcement of the legal provisions pertaining to conditions of work and the protection of workers while engaged in their work, as provided for by Articles 2 and 3 of the Convention. According to a summary of the annual report on the achievement of the labour inspection for 1430H (2009), published via the Government’s web site, the majority of the violations reported related to sections 25, 33, 36 and 38 of the Labour Law, especially with regard to employment, use of expatriate workers by their employers in professions different from the ones specified in their work permits, use of expatriate workers by another employer than the one indicated in their work permit, delay of payment of salaries, absence of by-law in the enterprises, non-recruitment of Saudi nationals in the positions foreseen in the law or non-application of the rules on occupational safety and health. It is also indicated that the labour inspectors participate in the inspection activities, along with other government agencies such as the special committees entrusted with verifying the employment of Saudi nationals in certain activities and professions, or other committees entrusted with the improvement of certain aspects of the labour market. This seems to indicate that relevant data are available and could be included in the annual report as provided by section 206(3) of the Labour law, in line with Article 21(e) of the Convention. Accordingly, the Committee asks the Government once again to make every endeavour to ensure that the annual report on the work of the labour inspectorate contains detailed statistics on the violations committed and the penalties imposed, according to the guidance provided in part IV of the Labour Inspection Recommendation, 1947 (No. 81).

Also referring to its General Observation of 2009, the Committee would be grateful if the Government would take the steps necessary to ensure that statistics of workplaces liable to labour inspection and the number of the workers employed therein (Article 21(c)) are included in the annual report, so as to allow for an assessment of the coverage of the labour inspection services throughout the whole country.

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