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

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

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.

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

The Committee notes the supplementary information provided by the Government on matters raised in the Direct Request addressed to it, and otherwise reiterates the content of its observation adopted in 2019 and reproduced below.

Article 2(3) of the Convention. Age of completion of compulsory schooling. The Committee previously noted that section 162 of the Labour Law and section 34 of its implementing regulation establish that the minimum age for admission to employment or work is 15 years. However, noting that children entered school at the age of 6 and completed the compulsory education at the age of 12, the Committee requested the Government to take the necessary measures to ensure compulsory education up to the minimum age for admission to employment or work of 15 years.

The Committee notes with  satisfaction  the adoption of Ministerial Decision No. 14 of 2014 which, read jointly with Ministerial Decision No. 139 of 2004, establishes the age of compulsory education up to 15 years, in line with the minimum age for admission to employment. The Committee also notes that according to the UNESCO Institute for Statistics the net enrolment rate in primary school reached 99.77 per cent in 2018 in comparison to 96.42 per cent in 2014.  The Committee requests the Government to provide information on the application in practice of Ministerial Decision No. 14 of 2014, including statistical information on the school enrolment and attendance rates in both primary and secondary education.

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

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

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. The national policy will be developed in stages taking on board available statistical information from the National Child Labour database. 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 following the above-mentioned consultations on the establishment of a 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 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.

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

Article 2(3) of the Convention. Age of completion of compulsory schooling. The Committee previously noted that section 162 of the Labour Law and section 34 of its implementing regulation establish that the minimum age for admission to employment or work is 15 years. However, noting that children entered school at the age of 6 and completed the compulsory education at the age of 12, the Committee requested the Government to take the necessary measures to ensure compulsory education up to the minimum age for admission to employment or work of 15 years.

The Committee notes with satisfaction the adoption of Ministerial Decision No. 14 of 2014 which, read jointly with Ministerial Decision No. 139 of 2004, establishes the age of compulsory education up to 15 years, in line with the minimum age for admission to employment. The Committee also notes that according to the UNESCO Institute for Statistics the net enrolment rate in primary school reached 99.77 per cent in 2018 in comparison to 96.42 per cent in 2014. The Committee requests the Government to provide information on the application in practice of Ministerial Decision No. 14 of 2014, including statistical information on the school enrolment and attendance rates in both primary and secondary education.

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the Government’s first report.

Article 1 of the Convention. National policy. The Committee notes the Government’s statement in its report that a proposal on the establishment of a working group to formulate a national policy to eliminate child labour has been submitted to the competent authority. The working group will be composed of several bodies, including the Ministry of Labour and Social Development, the Ministry of Interior, the Ministry of Justice, the Civil Service, the Technical and Vocational Training Corporation, the General Corporation for Social Security, the National Committee for Childhood, the Saudi Chambers Council and the National Committee for Workers’ Committees. The Committee requests that the Government provide information on any progress made with regard to the adoption of the proposed national policy to eliminate child labour and on its implementation.

Article 2(3). Age of completion of compulsory schooling. The Committee notes that section 162 of the Labour Law and section 34 of its implementing regulation establish that the minimum age for admission to employment or work is 15 years. However, a decision taken in 2004 related to the Education Policy Document of 1969 enforces mandatory primary education for six years, which children enter at the age of 6 and complete at the age of 12. According to the UNESCO Institute for Statistics, in 2014, the net enrolment rate in primary school was 96.42 per cent, while the net enrolment rate in lower secondary, which normally enrol children between the age of 13 and 15 years, was estimated at 72.9 per cent. In this regard, the Committee reminds the Government that, if compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which, regrettably, opens the door for economic exploitation of children (see General Survey of 2012 on the fundamental Conventions, paragraph 371). Considering that compulsory education is one of the most effective means of combating child labour, the Committee requests the Government to take the necessary measures to ensure compulsory education up to the minimum age for admission to employment or work of 15 years.

Article 7(3). Determination of light work. The Committee notes 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, provided that such jobs shall not be harmful to their health or growth, hinder their school attendance, participation in orientation or vocational training programmes, or impair their ability to benefit from their schooling. The Committee 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 requests that the Government 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). Penalties. The Committee notes that Ministerial Order No 4786 of 28/12/1436 A.H. provides corresponding penalties, including fines of: (i) 20,000 Saudi Arabian riyals (SAR) for the employment of children under 15 years old; (ii)SAR10,000 for the violations of employment conditions of young persons; (iii) SAR10,000 for the failure to verify the age of employees and to register young persons; (iv) SAR5,000 for the failure to notify the Labour Office of the employment of young persons; and (v) SAR10,000 for the employment of children in dangerous work or in harmful industries, including in mines or quarries. Additionally, according to section 229 of the Labour Law, the fines shall be multiplied by multiple infringements (the number of workers involved) and doubled for repeated infringements; however, the fine imposed shall not exceed SAR100,000. Additionally, the concerned undertaking may also be closed down for a maximum period of 30 days, or permanently. The Committee requests that the Government provide information on the application of the penalties in practice.

Labour inspection. The Committee notes that the Public Department for Inspection and Development of the Work Environment at the Ministry of Labour follows up, monitors and supervises the application of the Labour Law and its implementing regulations. According to section 198 of the Labour Law, labour inspectors have the right to enter any undertaking which is subject to the provisions of the Labour Law at any time, day or night, without prior notice, and carry out any examinations or investigations required to ascertain proper implementation of the Law. The Committee also notes that in 2015 17 contraventions of provisions of the Labour Law concerning the employment of children have been found, among them, two cases related to section 161 (hazardous work), four cases related to section 162 (minimum age and light work), three cases related to section 164 (employment conditions of young persons), five cases related to section 165 (registration of child employees), and three cases related to section 166 (obligation to report the employment of children to the competent authority). The Committee requests that the Government provide information on the number of inspections carried out by the labour inspectorate, as well as numbers of violations detected with regard to the employment of children and young persons and penalties imposed.