Observación (CEACR) - Adopción: 2019, Publicación: 109ª reunión CIT (2021)

Convenio sobre la inspección del trabajo, 1947 (núm. 81) - Arabia Saudita (Ratificación : 1978)

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.