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

Individual Case (CAS) - Discussion: 2011, Publication: 100th ILC session (2011)

The Government communicated statistical information, which is contained in Appendix III to the present report. In addition, before the Committee, a Government representative reaffirmed that his Government was eager to reinforce labour inspection, and referred to the recent establishment of a new position of Assistant Deputy Minister for Labour Inspection and the assignment of 1,000 new inspection posts in the Ministry of Labour in order to ensure greater efficiency, effectiveness and wider coverage of all regions of the Kingdom. Directives had been issued to a number of government departments to support labour inspectors. In addition, new labour inspection forms were developed to include details of quantitative and qualitative statistics of the inspected facilities, their employees and the nature of the infringements observed. The Ministry of Labour had recently finished the development of a detailed and unified database through which all the statistical variables could be followed, thus facilitating the work of the inspection services. The new database would help producing detailed inspection reports, including full details on employees, nationalities and the nature of work. The Government representative indicated that recent statistics had shown increased inspection levels and efficiency. Inspection visits increased from 46,446 in 2006 to 90,048 in 2010, while the number of inspectors for the same period increased from 147 inspectors to 210. The amount of fines increased from US$531,000 in 2008 to US$2 million in 2010. He referred to the written information that was presented to the Committee and estimated that in the future, due to the assignment of 1,000 new inspectors, there would be more detailed statistics that would not only result in an improvement of the working environment, but also in achieving higher rates of compliance with applicable international labour standards. He concluded by referring to an agreement between the Ministry of Labour and the ILO Office in Beirut concerning the establishment of a policy and strategy unit in the Ministry of Labour, thus greatly enhancing the technical expertise and capacity of the Ministry, including in matters related to labour inspection.

The Worker members emphasized the importance of this governance Convention which was essential so that workers could effectively enjoy their rights at work and social protection. By detecting violations of labour legislation, labour inspection allowed the competent authorities to take the necessary measures to resolve the problems identified. The observation of the Committee of Experts dealt mainly with statistical information on the violations committed and the penalties imposed which needed to be included in the annual inspection report. Such information was essential to determine the extent to which the legislation regulating conditions of work and protection of workers while engaged in their work was effectively observed. It was particularly important to have such information in the case of migrant workers in Saudi Arabia, as they accounted for the great majority of workers in the country. The situation of migrant workers was a matter of concern in the country. The Government therefore needed to make every effort to provide, in its report to the Committee of Experts, detailed information on: violations concerning migrant workers employed by their employers in occupations other than those specified in their work permits; migrant workers engaged by other employers; delays in the payment of wages; the absence of enterprise rules; the non-recruitment of Saudi nationals to the positions reserved for them by law; and the violations of the regulations on occupational safety and health.

The Employer members stated that this was a technical case concerning the reporting requirements under the Convention. It was clear that without an effective and efficient labour inspectorate, there could be no effective implementation of employment and labour laws. They were pleased to hear from the Government concerning the number of different improvements in its labour inspection system, including increasing the number of labour inspectors, drawing up new inspection forms and making good use of the Internet. The first point raised by the Committee of Experts related to the Government’s failure to include in the annual report of the labour inspectorate statistical data, as required under the Convention. The submitted written information fulfilled that requirement, from what they could ascertain, but it remained up to the Committee of Experts to make that determination. They agreed with the Worker members that the issue of migrant workers was very important in that region of the world, and understood that the labour inspection situation for these workers was critical. The Committee of Experts had also commented on the inspections done by other Government agencies, and therefore getting a fuller picture of that process would be vital to obtaining a complete understanding of the labour inspection system. They urged the Government to provide all information that it had not yet submitted with respect to its labour inspection system.

The Government member of Egypt took note of the information provided by the Government and noted the collaboration which it was maintaining with the ILO. Noting the lack of statistical information in the annual labour inspection report, he considered that such information would be very useful for verifying the effectiveness of inspection activities. He indicated that the Government was taking positive measures, for example, the recruitment of 1,000 new inspectors, the use of new methods and the establishment of databases which would result in better compliance with the Convention. He said that it would be appropriate for the ILO Regional Office in Beirut to offer technical assistance to the country.

The Worker member of France emphasized that the statistical information on labour legislation infringements and penalties imposed were key in evaluating the degree of observance of the Convention. The lack of statistics suggested that inspections could not go ahead freely in enterprises and that employees who were the victims of abuse in the employment relationship could not talk freely to labour inspectors, who themselves faced problems in relation to reporting. However, as the Committee of Experts had noted, such data appeared to exist since the Government’s website contained information on infringements concerning migrant workers. The Government should therefore include such data in its next report. The Conference Committee should urge the Government to take the necessary steps, in observance of social dialogue and freedom of expression, to ensure the functioning of an inspection system that was in conformity with the provisions of the Convention. That required an adequate number of inspectors and an inspection system which operated in full independence and had the freedom to monitor and report the results of infringements that it had recorded.

The Worker member of Nepal joined his colleagues in expressing concern over the failure of the Government of Saudi Arabia to comply with the Convention, and expressed his concern over the lack of adequate labour inspection to protect the rights of workers in the country, especially migrant workers. Many workers from his country travelled to Saudi Arabia annually in search of work and prosperity, and over 200,000 currently worked there, included among the six million migrant workers from all over the world. Many of these workers were taken advantage of by private employment agencies that promised decent wages and conditions of work but, in fact, provided only a fraction of that promise to the workers upon arrival. The employers in Saudi Arabia treated these workers badly, including forcing them to work long hours, paying them little to nothing, providing poor and unsafe working conditions, and preventing those who wished to leave by taking their passports. Those workers who escaped without their passports were not able to return home and lived in appalling conditions in shanty towns or detention centres. Women domestic workers were particularly vulnerable to poor treatment. Migrant workers were made much more vulnerable because of the sponsorship system (kafala), under which workers were much less likely to complain or seek redress for violations of their rights and could not leave the employer and seek other work. He was concerned that the Government was not fulfilling its responsibilities under the Convention, as it had not provided enough information to assess the situation properly. He was also concerned that many labour inspectors were tasked to enforce migration laws rather than protecting workers, as required under the Convention. The Government needed to provide the Committee of Experts and the Conference Committee with much more information on its labour inspection system so that a proper assessment could be made of compliance with the Convention. Finally, he called upon the Government to indicate if and how workers, including migrant and domestic workers, were informed of their rights and of the means to enforce those rights.

The Worker member of the United Kingdom, referring to the Committee of Experts’ observation regarding the Government’s failure to provide detailed information on the work of the labour inspectorate, stated that the data to be provided by the Government should include information about the labour inspectors’ powers to enter the workplace, to examine compliance and to enforce sanctions. She also indicated that more statistics were required on the number of inspection visits that had been carried out, the nature of violations observed and the penalties imposed. Such information should be broken down by nationality, gender and occupation of the workers, and the size of the workplace. She stressed that in the case of Saudi Arabia it was absolutely critical that this data was provided since according to accounts of non-governmental organizations (NGOs) and the workers themselves, the labour inspectorate had been unsuccessful in ensuring widespread compliance. The Government had to explain how, despite the activities of the labour inspectorate, there remained extensive reports of workers, in particular migrant workers, who were kept suspended from proper employment status under a sponsorship system, and who lived and worked in terrible conditions. There were reports of domestic workers working 20 hours per day and suffering violent beatings and sexual abuse or of construction workers who were forced to work extreme long hours, and whose safety was of little interest to their employers. Certain NGOs also feared that the labour inspectorate might be more interested in controlling migration than ensuring workers’ rights. She added that while the Government might claim that these allegations were fictional or isolated incidents, a number of governments had taken the matter extremely seriously, for instance, the Overseas Workers’ Affairs section of the House of Representatives of the Philippines had sent a fact-finding mission, the Indonesian regions of West Nusa Tenggara and West Java had placed bans on the recruitment of domestic workers, and Sri Lanka, Nepal and India had also considered restrictions on the supply of women domestic workers. In these circumstances, the speaker called upon the Government to provide, at its earliest opportunity, detailed information to the ILO and to avail itself of ILO technical assistance so as to assess gaps in law and implementation and ensure compliance with the Convention, in particular with respect to migrant workers.

The Government representative stated that national legislation, in its entirety, prohibited all practices that ran counter to the law. If such actions previously discussed had taken place, they constituted clear infringements of the law and they needed to be detected by the labour inspectorate. He reaffirmed the Government’s determination to implement the Convention and combat all forms of violations to its provisions, in particular those concerning migrant workers. He reaffirmed that the Government would do its utmost to prevent violations, including those with respect to migrant workers. Problems could arise in this respect. Certain practices had been identified, and the Government needed to take measures to prevent such violations. While he thanked the speakers who had participated in the discussion for their comments, he noted that the Government had not received any reports from countries that had sent migrant workers to Saudi Arabia. He admitted that certain practices of an illegal nature had occurred, but those were few in number and the Government would do its utmost to eliminate them. He understood that the fears expressed by the Worker members were genuine, which was why the Government was adopting new legislation, such as the Code on the protection of wages, to end certain processes. The Government had undertaken measures to protect wages directly paid to workers in cooperation with the Emirates to ensure that those practices were applied throughout the Kingdom and covered all forms of workers, including domestic workers. It had revised the system for transfer of funds so that workers could make those transfers via banks. In addition, the Government had just adopted a list of employment agencies that negotiated contracts and provided services to employees. The Government would continue making efforts in this area and would identify practices that ran counter to laws, humanitarian principles and the religion of Islam. Finally, he thanked the Government representative of Egypt, in particular his proposal that through the ILO Office in Beirut his Government would enhance cooperation and train officials in the collection and presentation of statistics.

The Worker members noted that the Government representative’s statement gave reason to hope for full application of the Convention. Implementation of the Convention enabled Saudi Arabia to keep track of developments in the labour market and the application of labour legislation. The Worker members emphasized that migrant workers were an important part of the workforce and it was therefore crucial that inspectors verified whether labour legislation was being applied effectively. The Government should supply detailed information in its next report, as it had undertaken to do.

Conclusions

The Committee took note of the statement made by the Government representative and the discussion that followed. The Committee noted that the issues raised by the Committee of Experts concerned the absence of statistical information in the annual labour inspection report, which made it impossible to evaluate the level of compliance with the Convention in practice.

The Committee took note of the statement made by the Government representative, who had emphasized that, according to the Committee of Experts, the national law was in full compliance with the Convention and had described the steps taken by the Government to enhance the efficiency, effectiveness and coverage of the labour inspection system, including through the assignment of 1,000 new inspection posts and the development of a unified electronic database to ensure detailed statistics on the improvements made in the working environment and the higher rates of compliance achieved with the applicable legislation and international labour standards. The Committee also took note of the statistical information provided by the Government representative, both orally and in writing, demonstrating a recent increase in inspection visits, the numbers of inspectors and the fines imposed under articles 13, 25, 33, 38 and 39 of the Labour Law. It noted the indication by the Government of its commitment to continuously improve the labour inspection system, in cooperation with the ILO, so as to effectively monitor the working environment and improve the working conditions of all workers, including migrant workers, and ensure their effective protection against any unacceptable practices.

The Committee emphasized the importance of an effective system of labour inspection in ensuring the effective implementation of labour laws. It noted that the statistical information requested under Article 21 of the Convention was very important to enable an objective evaluation of the extent to which the legal provisions relating to conditions of work and the protection of workers while engaged in their work were being respected, as required by Articles 2 and 3 of the Convention. The Committee emphasized in particular the importance of statistical information on the terms and conditions of work of migrant workers in view of the predominance of migrant workers in the labour market in Saudi Arabia. Drawing the Government’s attention to the vulnerability of migrant workers, especially female domestic workers, the Committee 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 requested the Government to transmit to the ILO detailed and gender disaggregated data on all the items listed in Article 21 of the Convention, including the number of infringements reported to the competent authorities, the violations detected and the number of convictions and the penalties imposed, classified according to the legal provisions to which they related, with special reference to migrant workers, as well as statistics of the workplaces liable to labour inspection and the number of workers employed therein. It also requested the Government to furnish information on the joint inspection activities carried out by the labour inspection service with other government agencies so as to provide a complete picture of the labour inspection system, its activities and impact.

The Committee also invited the Government to avail itself of the technical assistance of the ILO under the Plan of Action for the Promotion of the Ratification and Effective Implementation of the Governance Conventions, in cooperation with the ILO Office in Beirut.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 3(1) and 5(a) of the Convention. Labour inspection functions. Effective co-operation between the labour inspection services and other government services. The Committee notes the information provided by the Government in its report that, in addition to labour inspectors, the Department of Wage Settlement handles wage claims and wage arrears. The Committee also refers to its comments on the Forced Labour Convention, 1930 (No. 29), which notes the establishment of departments for amicable settlement of labour disputes located in labour offices, and of committees for settlement of domestic workers’ disputes. In this respect, the Committee recalls that Article 5(a) requires appropriate arrangements to promote effective co-operation between the inspection services and other government services engaged in similar activities. The Committee therefore requests the Government to provide more detailed information on the relationship between the labour inspection services and dispute settlement services provided under the Ministry of Labour and Social Development (MoLSD). It also requests the Government to provide a new organizational chart of the MoLSD and local labour offices, detailing functional divisions between each department including the labour inspectorate within the MoLSD and local offices.

Articles 3(1), 9 and 13. Labour inspection in the area of OSH. The Committee notes the information in the annual labour inspection report that occupational accidents reported in 2018 include 188 fatal accidents, of which 91 occurred in the building and construction sector. It also notes the information provided by the Government concerning the OSH violations detected in the course of 152,213 inspection visits carried out in the first quarter of 2019, including 384 violations related to the failure of an employer to observe the rules, procedures and levels of OSH within an undertaking, and to take the necessary precautions to protect workers, which resulted in the imposition of fines of 25,000 riyals and the closure of an undertaking for one day. The Committee requests the Government to take specific measures to prevent and reduce fatal occupational accidents, including measures to strengthen the capacity of labour inspectors with respect to the monitoring of OSH, particularly in the construction sector. It requests the Government to continue to provide information on the number of occupational accidents, including fatal occupational accidents, and to indicate the occupation or sector concerned. The Committee also requests the Government to provide further information on the implementation in practice by labour inspectors of the power, in accordance with Article 13, to make orders requiring measures with immediate executory force in the event of imminent danger to the health or safety of the workers, including the number of instances where undertakings were closed for more than one day.

Article 14. Notification of cases of occupational disease. The Committee previously noted the low number of cases of occupational disease notified and requested the Government to describe the relevant notification procedures. The Committee notes that according to the 2018 annual labour inspection report, the number of cases of occupational diseases remains low (four cases). The Government indicates that the measures taken after notifications include: (a) the completion of medical reports and examinations; (b) examination of the case by the social insurance doctor to determine the need for further examinations; (c) notification of necessary reports to OSH inspectors; and (d) field studies of the workplace concerned by OSH inspectors. The Committee further notes the information provided on the ongoing work of developing and updating the schedule of occupational diseases. Noting the persistent low number of cases of occupational disease notified, the Committee requests the Government to continue to provide information on any measures introduced to improve the detection and identification of cases of occupational disease, as well as their notification to the labour inspectorate, including any efforts made to collect information from migrant workers’ countries of origin in this regard.

Articles 12(1) and 15(c). Unannounced inspection visits and confidentiality of the source of any complaint. The Committee notes the statistics provided by the Government in its report and the 2018 annual labour inspection report on the number of inspections carried out in 2018 and in the first quarter of 2019. However, there is no data on the number of inspections initiated based on complaints made to the labour inspectorate. The Committee notes that pursuant to section 202 of the Labour Law, labour inspectors shall adhere to the absolute confidentiality of the complaints received regarding any deficiency in equipment or any violation of the rules of law and shall not reveal to the employer or to the persons who represent them the presence of such complaints. In this respect, the Committee notes the concluding observations of the United Nations Committee for the Elimination of Racial Discrimination (CERD), which recommended that the Government ensure that all migrant workers have access to independent and effective complaint mechanisms without fear of acts of reprisal (CERD/C/SAU/CO/4-9, 8 June 2018, paragraph 22). The Committee also draws the Government’s attention to its 2006 General Survey, Labour inspection, paragraph 236, indicating that compliance with this obligation is a prerequisite for the effectiveness of labour inspection, and that without confidentiality, workers might hesitate to turn to the labour inspectorate through fear of reprisals. The Committee requests the Government to provide further information on the measures taken by labour inspectors to ensure that workers are made aware in their own languages of the possibility of, and procedures for, submitting complaints to the labour inspectorate, and, with reference to Article 15(c) of the Convention, to the absolute confidentiality of complaints submitted. It also requests the Government to provide information on the number of announced and unannounced visits, including the number of inspections initiated upon complaints, the number of complaints received, the number of violations found and the nature of penalties issued as a result of complaint-based unannounced inspections.

Articles 20 and 21. Content of the annual labour inspection reports. The Committee previously asked the Government to add the statistics of actual penalties imposed in annual labour inspection reports, as required under Article 21(e) of the Convention. The Committee notes the 2018 annual labour inspection report transmitted to the ILO, which contains the number of Ministry of Interior violations (1,541), warnings issued (80,961), and violations recorded (28,992). The report also indicates that the number of measures taken reached 144,987 in total, without specifying the number of penalties or other enforcement measures imposed. The Committee therefore encourages the Government to integrate annual statistics on penalties imposed in labour inspection reports, in accordance with Article 21(e) of the Convention. It also asks the Government to indicate the legal provisions relating to the Ministry of Interior violations. The Committee also encourages the Government to make efforts to elaborate on the present statistics contained in the labour inspection reports, integrating those disaggregated by nationals and non-nationals including those in an irregular situation.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 3(1) and (2) of the Convention. Functions of labour inspectors. 1. Additional functions of labour inspectors concerning migrant workers. The Committee previously noted that most labour inspection visits aimed at verifying the legality of the employment status of migrant workers. It subsequently noted a regularization campaign concerning undocumented migrant workers which enabled some workers to regulate their residence situation without being penalized under immigration law. However, noting an absence of information, the Committee reiterated its request 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 with activities spent on securing the enforcement of legal provisions relating to conditions of work and the protection of workers.

The Committee notes the Government’s indication in response in its report that the Ministry of Labour and Social Development (MoLSD) monitors compliance with the Labour Law regardless of whether workers are nationals or non-nationals, or whether they are in a regular or irregular situation. The Government indicates that, pursuant to section 196 of the Labour Law, the primary role of labour inspectors is to monitor the implementation of the Labour Law and to provide employers and workers with information and technical guidance. In this respect, the Committee notes that work permits for migrant workers are governed by the Labour Law (sections 32-41). It also notes the Government’s indication that in the first quarter of 2019, 1,269 infringements were detected relating to employers employing non-nationals without a work permit from the MoLSD (section 33 of the Labour Law), which resulted in a fine of 20,000 Saudi riyals (SAR) for the employer per worker employed. The Committee recalls that, pursuant to Article 3(1) and (2) of Convention No. 81, the functions of the system of labour inspection shall be to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work, and any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties. The Committee urges the Government to take specific measures to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors, in accordance with Article 3(1), to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. It requests the Government to provide detailed information on the time and resources of the labour inspectorate spent on activities verifying the legality of employment compared with activities spent on securing the enforcement of legal provisions relating to conditions of work and the protection of workers. The Committee also requests the Government to indicate the measures taken to ensure that migrant workers who are found to be in an irregular situation, pursuant to section 33 of the Labour Law, are granted their due rights, such as the payment of outstanding wages or access to proper employment contracts.

2. Protection of the rights of migrant workers, including in relation to the payment of wages and compensation for workplace injuries. In its previous comments, the Committee welcomed the Government’s indication that it guarantees the payment of outstanding entitlements for migrant workers in an irregular situation before their return to their country of origin, and asked for relevant statistics in this regard. The Committee also requested the Government to indicate how labour inspectors assist migrant 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 notes the Government’s indication in its reply that, at the end of December 2018, the compliance rate of the wage protection system reached 75 per cent, involving more than 4.3 million workers and, in addition, the department of wage settlement had so far recovered approximately SAR143,664,126 in wage arrears for 3,960 workers. Concerning the role of labour inspectors in assisting migrant workers in the event of violation of their rights, the Committee notes the Government’s reference in its report that, pursuant to section 6 of the Implementing Regulations of the Labour Law No. 70273 of 2018, an employer is prohibited from retaining the passport, residence permit or medical insurance card of a non-Saudi Arabian worker. The Government states that the occurrence of violations of section 6 is limited: in the first quarter of 2019, a total of 143 violations were detected involving employers who retained passports, residence permits or medical insurance cards, which resulted in the imposition of fines amounting to SAR5,000 (US$1,300) for each worker concerned. The Committee also notes that for these violations, infringement reports are prepared in order to verify that there are no other indications pointing to the existence of the crime of trafficking in persons. The Committee requests the Government to provide statistical information on the number of inspections, violations, warnings and other enforcement measures taken, and penalties imposed, disaggregated by nationals and non-nationals, classified by the legal provisions to which they relate, including section 6 of the Implementing Regulations of the Labour Law No. 70273 of 2018 and the new Anti-Harassment Act. The Committee also once again requests the Government to provide statistical information on the payment of outstanding entitlements to migrant workers (including compensation for workplace injuries or the payment of wages) before their return to their country of origin.

Articles 3, 7, 10, 11 and 16. Number of labour inspectors and inspection visits. Material means available to the labour inspection services. The Committee welcomes the information provided by the Government, in reply to its previous request, that there has been an increase in the number of labour inspectors, from 548 in 2017 to 880 in 2018 (of which 131 were women). In addition, more than 570 vehicles, 500 tablets, and 940 data SIMs were acquired to support inspection visits. The Committee also notes that the total number of inspection visits in 2018 reached 388,788, up from 148,312 in 2015, and these inspections detected 85,538 violations. Moreover, the Committee notes the Government’s initiative to improve the quality of inspection procedures, using technology and applications, such as an electronic platform that allows individuals to report on violations related to the labour market and an online self-assessment system containing tools to help enterprises understand labour standards and regulations with a view to facilitating voluntary compliance and ensuring timely payment of wages. The Committee requests the Government to continue to provide information on the manner in which it ensures that workplaces are inspected as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. Noting the number of recently hired inspectors, the Committee requests that the Government continue to take steps to ensure that new inspectors are adequately trained for the performance of their duties, and provide information on the ongoing training of labour inspectors (including on the number of labour inspectors that received training and the subjects covered). The Committee also requests the Government to provide further information on the connection between the self-assessment system and the labour inspectorate, indicating whether information from this system is submitted to the labour inspectorate.

Articles 5(a), 17 and 18. Effective cooperation between the labour inspectorate and the justice system, legal proceedings and effective enforcement of adequate penalties. The Committee previously requested the Government to provide detailed information on the number of violations detected and their outcome, including infringement reports issued, referrals to the judicial authorities, and the penalties imposed. Noting the ILO assessment undertaken indicating that the courts reject most of the infringement reports, the Committee also asked for information on any difficulties encountered in the enforcement of penalties for the violations detected. The Committee notes the Government’s indication in its reply that it is up to the discretion of labour inspectors to issue advice or guidance, verbal or written warnings or prepare infringement reports. It also notes that, in the first quarter of 2019, labour inspectors issued 22,738 warnings. The Committee further notes the Government’s indication that the inspection bodies do not encounter any difficulties in enforcement action for the violations detected. It also notes the Government’s indication that 560 violations were detected related to an employer’s failure to facilitate the tasks of the Ministry’s inspectors or staff of the competent authority, for failure to collaborate with them so as to implement the provisions of the Labour Law. The Committee urges the Government to provide information on the number of infringement reports issued and referrals to the judicial authorities, as well as the outcome of cases referred. It further asks the Government to indicate the measures taken to promote effective cooperation between the labour inspection services and the judicial system. Lastly, it requests the Government to provide further information on the measures to ensure the effective enforcement of adequate penalties for obstructing labour inspectors in the performance of their duties, in accordance with Article 18 of the Convention.

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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 11 of the Convention. The Committee notes with interest from the annual labour inspection report that in 2015, 572 new vehicles and 500 new communication devices were acquired.

Article 14. Notification of cases of occupational disease. The Committee notes that the number of cases of occupational disease contained in the 2017 annual labour inspection report is very low (only four cases out of 20.2 million workers). The Committee requests the Government to describe the procedure for the notification of cases of occupational disease to the labour inspectorate. It also requests the Government to provide information on any measures introduced to improve the detection and identification of cases of occupational disease as well as their notification to the labour inspectorate, including any efforts to collect information from countries that provide the largest numbers of migrant workers.

Articles 20 and 21. Content of the annual labour inspection reports. The Committee recalls the conclusions of the discussion in the Committee on the Application of Standards (CAS) of the International Labour Conference at its 100th Session (June 2011) concerning the application of this Convention by Saudi Arabia, which emphasized the need to improve the availability of statistical information to evaluate the level of compliance with the Convention. In this regard, the Committee notes with interest that the Government has regularly communicated annual labour inspection reports in recent years. In this respect, the Committee notes that the 2017 annual labour inspection report includes statistics on the number of labour inspectors, the number of workplaces liable to inspection and the workers employed therein, the number of labour inspection visits undertaken, violations detected, and statistics of industrial accidents and cases of occupational disease. However, the Committee notes that no information is provided on the actual penalties imposed (as required by Article 21(e) of the Convention). The Committee encourages the Government to continue to take the necessary measures to ensure the publication and communication of annual labour inspection reports to the ILO, and requests it to ensure that they contain information on the actual penalties imposed as part of the information required under Article 21(a)–(g) of the Convention.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

With reference to its observation, the Committee would like to raise the following additional points.

Article 3(1)(a) of the Convention. Enforcement of the legal provisions relating to payment of wages. Noting that, according to the Government, the wages protection system shall apply from the next Hijra year, the Committee would be grateful if the Government would provide information on the functioning of the wages protection system and on its impact on the application of the legal provisions relating to the payment of wages. It would be also grateful if the Government would provide statistical information on: (i) the number of workers who did not receive their wages; (ii) the number of establishments failing to pay wages; and (iii) the penalties imposed accordingly.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Articles 3(2) and 21 of the Convention. Additional functions entrusted to labour inspectors. Content of the annual inspection report. The Committee notes with interest that the annual labour inspection report includes statistics on (i) inspection visits; and (ii) infringements and penalties imposed, classified according to the provisions of the Labour Code.

The Committee notes the Government’s indication that it has taken into account the Committee’s observation recalling that the primary duty of labour inspectors is to protect workers and not to enforce immigration law. The Committee notes from the Labour Inspection Audit conducted in the country by the ILO in December 2011, that most of the labour inspection visits are targeted at verifying the legality of the employment status of migrant workers. Referring to its previous comment, the Committee asks the Government to provide information on the time and resources of the labour inspectorate spent on activities in the area of illegal employment compared to activities spent on securing the enforcement of legal provisions relating to other areas (provisions relating to working hours, wages, safety and health, child labour, forced labour, etc.), and to continue to provide relevant information on the number of inspections, violations found and penalties imposed, classified according to the legal provisions to which they relate, with reference, in particular, to migrant workers.

Furthermore, the Committee requests the Government to provide detailed information on the manner in which the labour inspectorate ensures the enforcement of employers’ obligations with regard to the rights of foreign workers in an irregular situation, such as the payment of wages and social security and other benefits, including compensation for industrial accidents, for the period of their effective employment relationship, especially in cases where such workers are liable to be expelled from the country. It also asks the Government to provide information on the number of cases, in which undocumented workers have been granted their due rights.

The Committee requests the Government to continue to take the necessary measures to ensure the publication of an annual inspection report containing all the information required under Article 21(a)–(g) of the Convention. It draws the Government’s attention to the guidance provided in Paragraph 9 of the Labour Inspection Recommendation, 1947 (No. 81), concerning the type of information that should be included in the labour inspection report.

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 3(1)(a) of the Convention. Enforcement of the legal provisions relating to payment of wages. Referring also to its observation, the Committee notes the information provided by the Government, including the fact that the Ministry of Labour is preparing a system whereby employers will be obliged to pay workers their wages through the banking system, which will make it easier to identify employers who have not paid wages due and the number and identity of workers who have not received their wage. The Committee would be grateful if the Government would send information on this system once it has been set up, and on its impact on the effectiveness of enforcing the legal provisions relating to the payment of wages, and to provide statistics on the establishments failing to pay wages and the penalties imposed on them, as well as statistics on the workers who have not received their wages.

The Committee requests the Government to supplement this information by also providing data on the situation with respect to wage arrears.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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.

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

Article 3(1)(a) of the Convention. Enforcement of the legal provisions relating to payment of wages. Also referring to its observation, the Committee notes the statistical information on incoming and resolved cases at primary instances in 2008, and in the first semester of 2009 (7,162 cases have been settled in 2008, and 4,533 cases in the first semester of 2009). However, the Committee notes that this is a global number of inspection cases and not only workers to whom arrears of wages have been paid. As regards the procedure for recovering arrears, the Committee notes the existence of a committee composed of several governmental bodies, under the presidency of the administrative ruler and with the membership of the Ministry of Labour (represented by the local committee of wages settlement), which is entrusted with the issue of the arrears of wages and the seizure of the assets of an accountant of an undertaking, with which he has a contractual agreement. In case of bankruptcy, the worker shall be required to submit a complaint to the Labour Office. Consequently, the latter shall refer the matter to the committee responsible for wage settlement, which in turn makes a seizure on the assets of the accountant of an undertaking, and pays the workers their full wages.

The Committee hopes that the Government will provide information in its next report on the number of workers to whom arrears of wages have been paid, pursuant to Circular No. 8174/6 of 27/4/1425H (2005) on the application of the provisions of the law relating to wages, and provide a description of the procedure for recovering arrears, specifying the role played in practice by labour inspectors.

As regards the penalty that consists in depriving offending employers of computer services, the Committee notes that the Government does not describe the services in question. It indicates that, although no relevant legal provision exists, such measures are taken by the Ministry to oblige an employer to respond to his duties as set out in the provisions of the Labour Code. The Committee would be grateful if the Government would provide details on the kind of computer services that employers in breach are deprived from as well as the impact of such measures as a deterrent.

Articles 7 and 10. Training needs in the area of occupational safety and health and strengthening of the labour inspection staff. With reference to its previous comments, the Committee notes the Government’s statement that the Ministry is currently facing a problem which is reflected in the poor number of occupational safety and health specialists. It is for this reason that the Ministry of Labour deploys huge efforts so as to find specialists, or train employees specialized in this area. It further indicates that it will keep the Office informed on new developments on this matter. As regards geographical distribution by category of serving inspection staff, the Committee notes that the Ministry has currently 186 labour inspectors distributed in 13 regions. The Committee would be grateful if the Government would provide details on the training programmes carried out to the benefit of the different categories of labour inspectors during the period covered by the next report and to indicate the measures taken to strengthen the labour inspection staff so as to increase the coverage of the workplaces liable to labour inspection and ensure the protection of the workers employed therein.

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

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.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the Government’s report for the period ending on 1 September 2007 containing information in reply to its previous comments. It also notes the documentation attached to the report.

Further to its previous comment concerning Circular No. 8174/6 of 27/4/1425 H (2005) on the application of the provisions of the law relating to wages, it notes that Ministerial Order No. 111/1, issued on 9/1/1428 H (i.e. 28 January 2007), likewise addresses this matter. It requires enterprises to pay in full any arrears in wages due to their workers and provides for various penalties in the event of omission on the part of the enterprise: temporary prohibition on recruiting staff, automatic transfer of workers to other employers or suspension of computer services. The Committee notes that much of the annual report of the Labour Inspectorate is devoted to the activities and overall results of the Inspectorate’s work relating to the application of these provisions, but that the figures pertaining to the employers and workers concerned are percentages and not numbers. The Committee would be grateful if in its report due in 2009, the Government would indicate the number of workers to whom arrears of wages have been paid pursuant to the abovementioned Circular and Order, and provide a description of the procedure for recovering arrears specifying the role played in practice by labour inspectors. Emphasizing that labour inspection is a public function seeking, though supervision of the application of legislation on conditions of work and the protection of workers, to ensure that workers recover their entitlements, the Committee also requests the Government to indicate how this objective is attained in respect of wages in the event of default or insolvency of the employer.

The Committee would also be grateful if the Government would provide clarification as to the meaning of the penalty that consists in depriving offending employers of computer services.

Article 10 of the Convention. Inadequate strength of the labour inspectorate. The Committee notes with concern from the Government’s report and from the annual report for 1428 H (2006) on the activities of the labour administration, that the inspection services suffer from an acute lack of inspectors (135), particularly inspectors specializing in occupational safety and health, of whom there are only two for the entire country. The annual report shows that there has been a significant increase both in the number of workplaces liable to inspection (of which there were 1,192,357 in the period covered) and in the number of workers employed in them. It recommends increasing the staff by hiring six inspectors for chemical safety, four occupational health doctors and seven safety engineers. The Committee notes that a request to this end was sent to the Director of Internal Affairs and Finance on 2/4/1427 H (2006). It notes with regret that no information has been provided on the activities carried out by the workplaces, but infers that the recommendation to increase the staff by recruiting inspectors specializing in occupational safety and health matters aims to ensure preventive control in sectors where occupational risks have been noted, such as the building, public works and hydrocarbons sectors. The Committee requests the Government to provide information in its report due in 2009, on the response given to the abovementioned request, and to indicate geographical distribution, by category of serving inspection staff in relation to the distribution of workplaces by sector of activity and the number of workers they employ.

Articles 20 and 21. Content and publication of the annual inspection report. The Committee hopes that the Government will continue to send the annual inspection report within the prescribed time limit and that, as well as information on the subjects already addressed in the report for 2007 it will contain, to the extent possible, information on the legal provisions that have given rise to the application of penalties, on the distribution of labour inspectors, workplaces and workers, on the distribution of accidents and cases of occupational disease according to sector of activity, cause and result (permanent or partial incapacity, death). It recalls in this connection that Paragraph 9 of Recommendation No. 81 gives guidance on the details of the information to be included in the annual report.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report for the period ending 1 September 2005, and the attached legislation.

1. Article 6 of the Convention. Composition, status, prerogatives and obligations of inspection staff. In reply to its previous comments on the need to strengthen the staff of the labour inspection services responsible for the enforcement of legal provisions respecting occupational safety and health, the Government announces the establishment of an agency responsible for providing support to the labour inspectorate to ensure compliance with the Conventions ratified by the Kingdom, and of the relevant national legislation. According to the Government, this agency would also be responsible for violations and issues relating to occupational safety and health and would cooperate with the Public Agency for Social Insurance for the implementation of a programme of specialized joint inspections on occupational safety and health. The Committee draws the Government’s attention to the need to ensure that the functions of the labour inspectorate, as determined in Article 3, paragraph 1, of the Convention, are entrusted to public officials whose status is in accordance with the requirements of Article 6, who are accorded the powers and prerogatives set out in Articles 12, 13 and 17 and who are covered by the professional ethical principles and obligations established in Article 15. The Committee would be grateful if the Government would provide information on the composition of the staff of the agency referred to above, their qualifications, powers and obligations, and on the nature and duration of their employment relationship, as well as their means of intervention in supervising compliance with the legal provisions covered by the Convention. It also requests the Government to provide information on the implementation of the programme of cooperation between the above agency and the Public Agency for Social Insurance, which are reported to undertake joint inspections, and to provide a copy of any relevant text or document.

2. Article 7, paragraph 3. Training of labour inspectors. The Committee notes with interest the organization of further training sessions for labour inspectors and for agents specializing in occupational safety and health, particularly in the context of the programmes of the Arab Institute for Occupational Safety and Health in Damascus. The Committee would be grateful if the Government would provide information on the content of these training sessions and the number and capacity of the participants.

3. Article 17. Penalties. Further to its previous comments concerning the fall in the number of violations of the legislation respecting wages, the Committee notes with interest Circular No. 8174/6 of 27/4/1425, under the terms of which enterprises which are in arrears for two months or more in the payment of wages to their personnel shall be liable to an administrative penalty consisting of an interruption in the issuing of permits to recruit workers. The Committee would be grateful if the Government would provide information on the results in practice of the implementation by labour inspectors of this circular, the objective of which is to prevent the aggravation of the wage problems suffered by workers and to avoid further abuse.

4. Articles 20 and 21. Annual inspection report. Noting that the annual inspection report has not been communicated, the Committee once again requests the Government to indicate the measures adopted to ensure, where necessary with ILO technical assistance, the publication by the central inspection authority, and its communication to the ILO within the time limits set out in Article 20, of an annual report on the activities of the inspection services, containing up to date information on each of the subjects set out in Article 21(a) to (g).

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

With reference also to its observation, the Committee draws the Government’s attention to the following points.

1. According to the information contained in the last annual inspection report, the number of violations relating to the payment of wages declined significantly in relation to the previous exercise, as a result, among other factors, of the special interest accorded by the labour inspectorate to this matter and the follow-up action taken, the increased number of preventive and proactive activities and the updating of circulars respecting penal sanctions, in accordance with Circular No. 2951 of 17/2/1423 (Hegira). The Committee would be grateful if the Government would provide a copy of this text.

2. According to the statistical table for the period 1414-1421 on enterprises employing ten or more workers, deaths from occupational causes rose from 285 to 6,254 (or 21 times as many), while cases of incapacity of a rate of 30 per cent rose from 221 to 3,699 (or 16 times more). The most recent annual inspection report indicates that complete statistics of employment accidents and cases of occupational disease cannot be provided due to the lack of occupational safety and health technicians, following the departure of foreign staff who have not been renewed and the inadequacy of the financial resources. A commission to examine arrangements for collaboration with the Social Insurance Institute is reported to have recommended the communication by the Institute to the labour inspectorate of the list of workplaces in which employment accidents are most frequent, together with annual statistical reports on occupational injuries in the above workplaces. In this way, the inspection services could be provided with valuable data on the basis of which they could focus their activities more effectively. The Committee would be grateful if the Government would provide information on the measures adopted or envisaged to strengthen the staff of the inspection services responsible for the enforcement of legal provisions respecting occupational safety and health and on the action taken as a result of the above collaboration project between the administration responsible for labour inspection and the Social Insurance Institute, particularly with regard to the proposal made by the Minister of Labour to intensify this cooperation through the presence of medical experts in the Social Insurance Institute.

3. Noting that the general regulations on occupational safety and health are currently being revised to adapt them to the new conditions at the workplace, the Committee hopes that the Government will further specify its request for technical assistance made during the visit of an expert mission for this purpose, and that the expected results will be achieved.

4. Finally, emphasizing the importance for the achievement of the objectives of labour inspection of the availability of information that is as precise as possible on the activities undertaken by the services under its control, and recalling that guidance is given in the Labour Inspection Recommendation, 1947 (No. 81), with regard to the data that could be provided concerning the items set out in points ( b) to (g) of Article 21 of the Convention, the Committee hopes that efforts will be made to include such data in the future annual inspection reports published by the central authority.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report and the information provided in reply to its previous comments, as well as the attached documents.

It notes with satisfaction the provision of the Schedule of occupational diseases established by Order No. 130 of 1421 (Hejira) of the Minister of Labour and Social Affairs.

It also notes with interest the very substantial rise in the number of inspections and workers covered over the past six years, as indicated in the annual report for 1423. This increase can be explained by: the concentration of the inspection services on inspection activities; the extension of the working day of labour inspectors; the participation of certain directors of the inspection services in the inspection of workplaces outside working hours; and the special interest accorded to enterprises employing the most workers, as envisaged in the seven-year plan.

The Committee notes with interest the Government’s recommendation to recompense and accord distinctions to the inspection offices that are the most efficient and the measures taken to inspect enterprises which are the most likely to employ children, in accordance with Circulars Nos. 6552 of 18/4/1423, 12591/6 of 14/8/1423 and 158076 of 24/10/1423. The Committee notes that, even though inspections have revealed a low number of cases of child labour, the Government has nevertheless decided to continue to supervise in future the rare workplaces where violations are reported.

The Committee is addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Purpose of the inspection of workplaces. With reference to its observation, the Committee notes with interest the increase by over 41 per cent in the number of inspections carried out during the year 2000 and notes that this increase is explained by the rise in the numbers of labour inspectors, the intensification of follow-up inspections and inspections at night. However, the statistical data on the violations reported cover inspection activities relating to legal provisions on employment, work permits and the placement of workers, to the exclusion of those concerning working conditions, such as occupational safety and health, hours of work and the working conditions of children and young persons, which are also subject to inspection, in accordance with Article 3, paragraph 1(a), of the Convention. Nevertheless, the Committee notes that the statistics of industrial accidents, including those with mortal consequences, provided by insurance entities show a substantial rise over the three years covered by the annual inspection report. It considers that these figures, which the Government indicates are not exhaustive, should be given particular attention by the inspection services. Noting that the compilation of reliable statistics requires, according to the Government, a field study or specific follow-up by occupational safety and health technicians and that the question of industrial accidents is of particular concern to Arab countries, the Committee trusts that the next report will contain information on the measures taken at the national and/or regional level with a view to the compilation and rational exploitation of full and detailed statistics on industrial accidents as a basis for developing an effective policy for the prevention of occupational risks.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report and the information provided in reply to its previous comments. It also notes the annual report on the activities of the labour inspectorate for 1999-2000.

1. Statistics on cases of occupational disease. With reference to its previous observation and the Government’s previous indication that the compilation of statistics of cases of occupational disease comes up against the dual difficulty of the migratory nature of the active population and the fact that the symptoms of occupational diseases generally appear after a period of time, the Committee notes that the measures taken by the general authority competent in the field of social security, in relation to the authorities of the countries of origin of workers to obtain relevant information, have not been effective. However, it notes that a classification of occupational diseases has been established and approved by Decision No. 877 of the Council of Ministers of 21 Dhul Qida 1389 in compliance with the guidance provided by international labour Conventions and the labour legislation applicable in neighbouring Arab countries. According to the information contained in the annual report which was transmitted, the labour inspectorate is responsible for supervising the application of provisions relating to various matters, including occupational diseases, to seek out the causes, develop preventive measures and initiate studies, particularly on exposure to occupational risks. The Committee hopes that the Government will continue to make efforts to cooperate with countries in the region which are encountering the same difficulties in compiling information on cases of occupational disease with a view to envisaging the development of an appropriate prevention policy concerning the exercise of occupational activities involving risk. The Government is also requested in any case to provide information on the application in practice of the decision concerning the classification of occupational diseases referred to above.

2. Labour inspection and child labour. In response to its general observation of 1999, the Committee notes the Government’s statement that child labour does not exist in the country, but that it is nevertheless envisaged to request labour inspectors to give priority to measures to combat child labour and that relevant information will be included in the annual report prepared by the central inspection authority. Noting in this respect that the labour inspectorate is responsible, among other matters, for supervising the application of legal provisions concerning the employment of young persons, and recalling that child labour may take hidden forms, outside legally registered workplaces that are liable to inspection, the Committee would be grateful if the Government would indicate in its next report the legal powers and means of action available to labour inspectors, on the one hand, to exercise effective supervision in this respect and, on the other hand, to submit to the competent authority proposals for the improvement of the legislation (Article 3, paragraph 1(c)).

The Committee is addressing a request directly to the Government.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report and the information supplied in reply to its comments. It notes with interest that the social insurance service and employment offices have decided to cooperate in collecting statistics on occupational diseases which, hitherto, were not identified due to the fact that their symptoms appear only after several years and that they affect an essentially mobile population consisting of migrant workers who do not reside for long in the Kingdom. The Committee hopes that the Government will not fail to take the necessary measures, if necessary with the authorities in these workers’ countries of origin, to organize an exchange of information on occupational diseases contracted during their employment in the Kingdom and that this information will be transmitted to the central labour inspection authority with a view to establishing the causes and employing the necessary resources to take action against risk factors. The Committee would be grateful if the Government would supply information on measures taken to this end and on the results achieved.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's reports as well as the annual reports on the activities of the labour inspection services for 1994, 1995, 1996 and 1997. It also notes the Government's reply to its last observation regarding the form and content of the comments submitted by the International Confederation of Arab Trade Unions (ICATU), and in this connection has carefully studied the Government's correspondence of 9 June 1994. It expresses the hope that the Government will continue to supply regularly the information required by the report form of the Convention as well as the annual reports on the activities of the labour inspection services.

With reference to the detailed information contained in the last annual reports on the activities of the labour inspection services regarding Article 21(a) to (f) of the Convention, the Committee notes firstly, that the statistics on occupational accidents are based on data on compensation provided by the social insurance bodies and secondly, that no information was transmitted in respect of occupational diseases (Article 21(g)). The Committee wishes in this connection to recall the Government's attention to its 1996 general observation on the interest, both for governments and the social partners, to take as a basis the ILO publication containing practical guidelines entitled Recording and notification of occupational accidents and diseases (ILO, 1996). It expresses the hope that the Government will consequently take the measures necessary to ensure that future annual reports on the activities of the labour inspection services will contain as reliable information as possible on statistics on occupational accidents as well as statistics on occupational diseases to attain fuller prevention of such accidents and diseases.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

Articles 3(1) and 16 of the Convention. The Committee notes the observations submitted by the International Confederation of Arab Trade Unions (ICATU). These concern various aspects of labour and employment. The Committee notes the Government's reply that it has always implemented its constitutional reporting obligations to the ILO under articles 19 and 22 of the Constitution and that it rejects all the comments made by the ICATU. The Committee would be grateful if the Government would provide further details of the work of the labour inspection service, in particular in respect of the alleged expulsion of expatriate workers who still have valid employment contracts, and of any unlawful abrogation or change of the conditions and terms of employment contracts including reductions of wages, earnings and allowances. It would especially be grateful if the Government would indicate how the labour inspection service brings to the attention of the competent authority defects or abuses not covered by existing legal provisions, as required by Article 3, paragraph 1(c), of the Convention.

Articles 20 and 21. Further to its previous comments, the Committee notes the Government's report and the report on the activities of the inspection service for the year 1991. The Committee wishes to underline the requirement under Article 20 that the annual report on the work of the inspection service is to be published within a reasonable time after the end of the year to which it relates and in any case within 12 months. It also notes that the report for 1991 does not contain statistics of the workplaces liable to inspection (Article 21(c)) or information by branches of activities, including mining and transport undertakings. It hopes the Government will provide full particulars.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

1. Articles 20 and 21 of the Convention. The Committee notes the information provided in the Government's report and the annual report on the activities of the labour inspection services for the year 1988. It notes that the annual report does not contain statistics of the workplaces subject to inspection. The Committee hopes that all the information required by Article 21 will be included in future reports and that these reports will be published and sent to the International Labour Office within the time-limits established by the Convention.

2. The Committee recalls that mining and transport undertakings have not been exempted from the application of the Convention under Article 2(2). It would be grateful if the Government would include in its next report the information requested in the report form, relating in particular to these sectors.