Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Minimum Age Convention, 1973 (No. 138) - Saudi Arabia (Ratification: 2014)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year (see Articles 1 and 9(1) on national policy and penalties) as well as on the basis of the information at its disposal in 2019.

Article 1 of the Convention. National policy and application in practice.  The Committee previously requested the Government to provide information on any progress made with regard to the adoption of the proposed national policy to eliminate child labour and on its implementation.

The Committee notes the Government’s indication in its report that a proposal on the establishment of a working group to formulate a national policy to eliminate child labour was approved by Decree No. 22163 of 2017. The working group held a series of consultations on the draft national policy with relevant stakeholders, including the International Labour Organization and the social partners. The Committee notes the Government’s information in its supplementary report that an initial draft of the national policy has been communicated to the competent authority for approval. The elaboration of a national survey on child labour may also be considered.  The Committee requests the Government to provide information on any progress made with regard to the establishment of the national policy to eliminate child labour. The Committee also requests the Government to provide information on any measures taken or envisaged to elaborate a national survey on child labour.

Article 7(3). Determination of light work.  The Committee noted that, pursuant to section 162(2) of the Labour Law, the Minister of Labour and Social Development may authorize the employment or work of persons between the ages of 13 and 15 years in light work. The Committee requested the Government to indicate the measures taken or envisaged in respect of provisions to determine light work activities and the conditions in which such light work may be undertaken.

The Committee notes once again the Government’s reference to section 162(2) of the Labour Code. It recalls that, by virtue of Article 7(3) of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken.  The Committee therefore once again requests the Government to indicate the measures taken or envisaged in respect of provisions to determine light work activities and the conditions in which such employment or work may be undertaken by young persons between 13 and 15 years of age.

Article 9(1). Law enforcement and penalties.  The Committee requested the Government to provide information on the number of inspections carried out by the labour inspectorate as well as the application in practice of the penalties provided for in the legislation, including the Labour Law.

The Committee notes the Government’s indication that 152,213 inspections were carried out during the first half of 2019. The labour inspectorate found a number of violations of the Labour Law involving children working during the night-time (three cases), children under 18 years working in mines (four cases), and children working during the weekend (four cases). The Committee also notes the Governments’ information in its supplementary report on the infringements of the relevant provisions of the Labour Law related to the employment of children and young persons detected from August 2019 to June 2020 and penalties imposed. According to this information, 48 violations under section 167 concerning the employment of children below 15 years; 51 violations under section 165 concerning the employment conditions of young persons; and 50 violations under section 164 concerning hours of work of young persons, weekly rest and official holidays were detected. For the above violations a fine of 20,000 Riyals (approximately US$5,333) for the offences under section 167 and a fine of 10,000 Riyals for the offences under sections 164 and 165 were imposed. The Committee also notes once again the Government’s reference to a range of fines applicable under Ministerial Order No. 4786 of 28/12/1436 A.H (2014) for the employment of children under 15 years of age.  The Committee requests the Government to continue to provide information on the number of inspections carried out by the labour inspectorate. It also requests the Government to provide information on the number of violations detected with regard to the employment of children and the penalties imposed.