Observation (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Arabie saoudite (Ratification: 1978)

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 102nd Session, June 2013)

The Committee recalls its previous observation in which it noted the conclusions of the Conference Committee and the acceptance by the Government of a direct contacts mission to follow up on the issues raised by the Committee of Experts and the Conference Committee. The Conference Committee urged the Government to adopt a national policy designed to promote equality of opportunity and treatment in employment and occupation for all workers with a view to the elimination of any discrimination on all the grounds set out in the Convention in the very near future. Given the high number of migrant workers in the country, the Conference Committee requested the Government to give particular attention to ensuring the rights of migrant workers, including domestic workers, were being effectively protected. The Committee notes that a direct contacts mission visited the country from 1 to 6 February 2014 and that meetings were held with senior government officials, representatives of the Council of Saudi Chambers of Commerce and Industry and of the Workers’ Committees and other organizations, including human rights bodies.

Article 2 of the Convention. National equality policy. The Committee notes that the direct contacts mission observed in its conclusions that there have been a number of developments, including measures to increase the participation of women in the labour market, to promote the employment of persons with disabilities, reforms in labour dispute processes and a major initiative to implement a technical and vocational education and training programme throughout the country for both men and women. These measures, if coordinated, could contribute to providing a basis for the formulation of a national equality policy. The Committee notes the Government’s requests for technical assistance from the ILO in developing such a policy. The Committee pointed out previously that, to be effective, such a national equality policy must be multifaceted and clearly stated, include a clear and comprehensive legal framework, address stereotyped behaviours and prejudicial attitudes, and provide for awareness raising and monitoring. It should cover all the grounds set out in the Convention, define and address direct and indirect discrimination, apply to all aspects of employment and ensure effective means of redress. Since one aspect to be urgently pursued is the adoption of specific legal provisions on non-discrimination and equality, the Office submitted a document to the Ministry of Labour (MOL) in March 2014 providing examples of a range of legislative approaches and highlighting the most effective features in legislation.

The Committee notes that the Government reiterates in its report that in Saudi Arabia the society is based on equality of rights and duties without discrimination based on race, colour, sex, religion, political opinion, national extraction or social origin in accordance with the Basic Law of Governance. The Committee firmly hopes that the Government will take immediate steps to develop and implement a national policy, including the adoption of specific legal provisions, designed to promote equality of opportunity and treatment in employment and occupation, in collaboration with the relevant stakeholders. It urges the Government to take concrete measures for the adoption, as part of this policy, of legislation specifically defining and prohibiting direct and indirect discrimination on all the grounds enumerated in the Convention, covering all workers, including migrant workers, and all aspects of employment. The Committee hopes that the Government will receive technical assistance from the ILO in the near future, and asks the Government to provide detailed information on the steps taken for the adoption of a national equality policy.

Discrimination against migrant workers. The Committee notes from the statistics provided by the Government that there were over 8 million migrant workers in the private sector (98 per cent male), compared to 1.46 million Saudi workers (72.8 per cent male) in 2013. The Committee also notes from the report of the direct contacts mission that various measures are being taken by the Government to address the situation of migrant workers, including a recent campaign aimed at promoting the employment of Saudi nationals and regularizing the situation of a large number of migrant workers. The campaign resulted in the following: 3.9 million work permits issued; 2.4 million migrant workers changed their occupation; 2.6 million migrant workers transferred to another employer; 437,314 workers obtained a final exit visa. The Committee notes the Government’s indication recorded in the report of the direct contacts mission that the sponsorship system was abolished by legislation some years ago, but that it may still be found in practice, and that legal provisions are therefore being drafted to address the issue. In accordance with the “Rules on the relationship between employers and foreign workers” (undated) provided by the Government, this relationship is to be regulated within the framework of the employment contract. However, the Committee also notes that existing procedures concerning recruitment and the issue and renewal of residence permits and exit and re-entry visas at the employer’s request, remain the same. The Committee notes the Government’s indication, as recorded in the report of the direct contacts mission, that foreign workers are able to move to another employer once their contracts expire or if they suffer abuse, subject to court approval of the change, and that prior to court authorization, the Labour Office can provide the worker with a temporary permit to work elsewhere. The Government also indicated that a decree was being drafted to allow foreign workers with a pending judgment against their employer to change employers on the basis that the relationship has been damaged. The Committee notes the detailed information provided by the Government regarding the services provided in eight languages by the Contact Centre of the MOL, including the registration and follow-up of complaints. The Government provided the mission with a copy of a bill on protection against abuse. While noting the Government’s desire to achieve progress and the efforts made to address the situation of migrant workers, the Committee remains concerned that, under the current employment system, 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 to a change of employer, or to deportation. The Committee requests the Government to take the necessary measures to monitor closely the effective abolition of the sponsorship system in practice, with a view to assessing whether appropriate flexibility to change workplaces is being provided in practice for all migrant workers in cases of abuse and discrimination on the grounds set out in the Convention. Noting that the decree establishing the possibility to change employers when a judgment is pending could contribute to improving the effective access of migrant workers to dispute settlement mechanisms so that they can assert their rights, the Committee asks the Government to provide information on the adoption and content of the decree and the status of the bill on abuse. The Committee requests the Government to continue taking measures to ensure that all migrant workers enjoy effective protection against discrimination on the grounds set out in the Convention, including through the enforcement of existing legislation, the adoption of new provisions and awareness-raising measures concerning the respective rights and duties of workers and employers.

Discrimination against domestic workers. The Committee notes that the Government has recently taken measures concerning domestic workers. Recalling that the Labour Law does not apply to these workers, the Committee notes the adoption of Order No. 310 in July 2013 regulating the employment of domestic workers and similar categories of workers through a written contract and setting out the type of work to be performed, the wages, rights and obligations of the parties, the probationary period, the duration of contracts and the method of their extension. While the Order constitutes a first step towards improving the protection of foreign domestic workers against discrimination, including sexual harassment, the Committee notes that it does not contain provisions explicitly allowing them to change employer or leave the country without the consent of the employer. The Committee also notes that a website has been established to provide information on the rights and duties of migrant workers and their employers and that, according to the Government’s report, dispute settlement committees for domestic workers have been set up in 26 labour offices in different regions of the country. Bilateral agreements on domestic work have been concluded with countries of origin of domestic workers, including India, Indonesia and the Philippines. The Committee also refers to its observation on the application by Saudi Arabia of the Forced Labour Convention, 1930 (No. 29). While welcoming these legal and practical measures, the Committee asks the Government to monitor the abolition of the sponsorship system in practice and to continue to take measures to improve the situation of domestic workers in relation to discrimination and abuse, including through enforcement and awareness-raising measures. The Committee asks the Government to provide specific information on the functioning of the labour dispute settlement committees, including the number and nature of complaints dealt with and their outcomes, as well as information on the impact of this procedure on the employment relationship between employers and domestic migrant workers. The Committee encourages the Government to continue to cooperate with countries of origin towards the full and effective implementation of bilateral agreements regarding domestic work and requests the Government to provide information on their impact on the protection of domestic workers against abuse and discriminatory treatment on the grounds set out in the Convention.

Equality of opportunity and treatment between men and women. The Committee notes from the statistics provided by the Government that in 2013, Saudi women represented 27.2 per cent of Saudi employees in the private sector. The Committee notes the detailed information provided by the Government and the positive developments regarding the implementation of a project to increase the proportion of women in the private sector (within the framework of the Nitaqat programme to increase the proportion of Saudi nationals in employment) through three initiatives: direct employment programmes, in particular in shops selling women’s goods and in the retail sector; programmes to develop diverse working arrangements, including part-time work and home work; and programmes to address the challenges of women’s employment through support services. In this context, several ministerial orders were promulgated in 2011 and 2012 regarding the employment of women in certain jobs (in shops selling women’s goods, in family recreation facilities and in commercial kitchens, etc.). Women’s employment units have been set up in labour offices and training has been developed for women jobseekers. A recent report of the MOL regarding women’s employment concludes that, as a result of employment programmes, the number of women workers increased from 55,618 in 2010 to 410,000 in 2013. The report identifies among the main challenges the working environment, legislation and its implementation, the attitude of society towards women’s employment in the private sector, transport and childcare facilities. According to the report of the direct contacts mission, studies are being conducted to identify positions that would be “suitable” for women in factories and to examine the need for the regulation of telework. The Government also indicates that initiatives have been taken to increase women’s education and training opportunities, including in girls technical colleges and training institutions for women. With regard to the restrictions on women’s employment to “fields suitable to their nature” pursuant to section 149 of the Labour Law, the Committee notes the Government’s statement that these provisions do not constitute a constraint on women’s work or diminish their right to hold public posts. The Government also states that section 149 prohibits the employment of women in hazardous jobs or in work that would jeopardize their health or expose them to specific hazards, and it reiterates that, in the context of future amendments to the Labour Law, the repeal of the provisions indicated by the Committee is under serious consideration. Noting the positive developments in women’s employment, the Committee requests the Government to strengthen its efforts to increase the participation of women to a wider range of occupations, including in non-stereotyped jobs and decision-making positions, and to provide detailed information on the impact of the measures taken. The Committee also requests the Government to provide information on any action taken to address the challenges that have been identified to women’s employment, including by awareness raising of stereotypical perceptions of women’s capabilities and role in society, and by establishing childcare facilities. The Committee requests the Government to provide information on the findings of the studies on “suitable positions for women” in factories and telework, and any follow-up measures taken or envisaged. With regard to legal restrictions on women’s employment, the Committee reiterates its request to the Government to amend section 149 of the Labour Law to ensure that any restrictions on women’s employment are strictly limited to maternity protection, and to repeal the Council of Labour Force Order No. 1/19M/1405(1987), paragraph 2/A of which established criteria for women’s work. Please provide a copy of Ministerial Decision No. 1/1/2475, 10 August 1432 (2011)) on the conditions for women’s employment in factories.

Monitoring and enforcement. The Committee notes the Government’s indication, as recorded in the report of the direct contacts mission, that the new operational model for labour dispute settlement, which involves processes at all stages (reconciliation office, court of instance and court of appeal) is being piloted in Riyadh and Amar and will be implemented throughout the national territory. The Committee notes from the Government’s report that a Royal Order has been issued to establish women’s units in courts and judicial bodies under the supervision of an independent women’s department in the main judicial system. The Committee asks the Government to provide information on any specific preventive and enforcement activities carried out by the labour inspection services in relation to discrimination in employment and occupation, and their results. Noting that no cases of discrimination have been registered by the labour dispute settlement bodies, the Committee asks the Government to take steps, including with ILO technical assistance, to reinforce the capacity of judges, labour inspectors and other officials to identify and address discrimination in employment and occupation. The Committee also asks the Government to provide clarifications on the competence and jurisdiction of women’s units in courts, including a summary of the relevant provisions of the Royal Order mentioned by the Government, and information on the number and nature of the cases examined by these units.

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

[The Government is asked to reply in detail to the present comments in 2016]