Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Saudi Arabia (Ratification: 1978)

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Hours of work

Article 2 of Convention No.1 and Article 3 of Convention No. 30. Limits on normal hours of work. The Committee notes that Section 98 of the Labour Law (Royal Decree No. M/51 dated 23/8/1426 AH of 27 September 2005 as amended) provides that a worker may not be employed for more than 8 hours per day if the employer adopts the daily standard, or more than 48 hours per week if the weekly standard is adopted. In this regard, the Committee wishes to recall that Articles 2 of Convention No. 1 and 3 of Convention No. 30 set a double limit – daily and weekly – to the working hours. This limit is cumulative and not alternative as it appears under section 98 of the Labour Law. The daily and weekly limits should therefore be 8 hours per day and 48 hours per week, and not 8 hours per day or 48 hours per week. The Committee therefore requests the Government to indicate the measures taken or envisaged to bring the national legislation into full conformity with these Articles of the Conventions.

Weekly rest

Articles 4 and 5 of Convention No. 14 and Articles 7(2) and 8(3) of Convention No. 106. Total or partial exceptions – Compensatory rest. The Committee notes that in reply to its previous comments concerning Section 105 of the Labour Law, (which provides that an exception to the provisions of Article 104 of the Labour Law, in remote areas and in jobs where the nature of work and operational conditions require continuous work, weekly rest periods accruing to the worker may be consolidated for up to eight weeks if the employer and the workers agree to that effect, subject to the Ministry’s approval) the Government indicates that under no circumstances the worker may be obligated to work during the weekly rest period or compensate it with financial compensation, and that fines are imposed on employers for non-compliance. Noting that Section 105 is still valid,the Committee requests the Government to indicate how it is ensured in practice that workers are not required to work excessively long periods without enjoying the weekly rest to which they are entitled (General Survey of 2018 on working-time instruments, paragraph 249).

Night work for women

Article 3 of Convention No. 89. Prohibition of night work for women. The Committee notes that the Government indicates in its report that section 150 of the Labour Law, which established the prohibition of night work for women, was repealed by Royal Decree No. M/5 of 26 August 2020. Recalling that pregnant and breastfeeding women may be particularly vulnerable to night work, the Committee requests the Government to supply information on the measures taken or envisaged to protect women who work at night, particularly in relation to maternity. Noting that the country is still bound by the Night Work (Women) (Revised) Convention, 1948 (No. 89), and recalling that this Convention will be open for denunciation between 27 February 2031 and 27 February 2032, the Committee draws the Government’s attention to the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument but focuses on the protection of all those working at night (General Survey of 2018 on working-time instruments, paragraph 408).

Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Legislative developments. Articles 8(2) of Convention No. 1, 11(3) of Convention No. 30, and 10(2) of Convention No. 106. Law enforcement and penalties. The Committee notes the entry into force of the Ministerial Decision No. 75913 of 3 December 2023, which increases the number of categories of establishments eligible for paying lower penalties and significantly reduces the amount of fines applicable in the event of violation of the provisions on working time with respect to Ministerial Decision No. 92768 of 3 December 2021. The Committee emphasizes the importance of ensuring that effective mechanisms are in place to guarantee compliance with working-time provisions, primarily through labour inspection and the application of dissuasive penalties for non-compliance (2018 General Survey on working-time instruments, paragraph 876). The Committee requests the Government to take the necessary measures to ensure that the penalties established in the national legislation for working-time violations (whether they are of an administrative, civil or penal nature) are sufficiently dissuasive to deter violations and are defined in proportion to the nature and gravity of the offence. The Committee also requests the Government to communicate information on the number and nature of penalties (administrative, civil, and penal) assessed and collected. It also refers to its comments made under the Labour Inspection Convention, 1947 (No. 81).

Article 6(2) of Convention No. 1 and Article 7(3) of Convention No. 30. Limits on additional hours of work. The Committee notes that in response to its previous comments, concerning the yearly limit of 480 hours of overtime established by the Ministerial Order No. 2832 of 2006, the Government indicates in its report that section 106 of the Labour Law provides that in case of temporary exceptions the effective hours of work, including overtime, shall not exceed 10 hours a day and 60 hours a week. It also indicates that it is doing its best to examine the Committee’s comments in consultation with relevant bodies and the social partners when undertaking any amendments to labour regulations and statutes, while taking into account the developments which occur in the labour market. The Committee regrets to note that the Implementing Regulations of the Labour Law and its Annexes, issued by Ministerial Decision No. 70273 of 20 December 2018, present in the official website of the Ministry of Human Resources and Social Development, provides in its section 22 for a yearly overtime limit of 720 hours, which may be increased with the worker’s consent. The Committee recalls once again that the maximum number of additional hours, while not specifically prescribed in the Conventions, must be kept within reasonable limits in line with the general goal of the instruments to establish the 8-hour day and the 48-hour week as a legal standard for hours of work in order to protect against undue fatigue and ensure reasonable leisure and opportunities for recreation and social life (2018 General Survey on working-time instruments, paragraph 119). Consequently, the Committee requests the Government to take the necessary measures to ensure that both in law and in practice the limits to overtime are reasonable.

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

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

Articles 7(2) and 8(3) of the Convention. Permanent and temporary exceptions – Compensatory rest. For several years, the Committee has been drawing the Government’s attention to the need to adopt measures to guarantee compensatory rest for those workers who are required to perform work – either regularly or occasionally – on their weekly rest day. Although the Government had previously indicated that the new labour legislation would give full effect to these requirements of the Convention and would ensure the granting of compensatory rest, the Committee notes that the Labour Law of 2005 contains no relevant provision. The Committee is therefore bound to once again request the Government to take the necessary measures to ensure that workers who are called upon to perform work on their day of weekly rest are granted in all cases a compensatory period of rest of a total duration of 24 hours, as prescribed by these Articles of the Convention.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 7 of the Convention. Special weekly rest schemes. The Committee notes that section 105 of the new Labour Law (Royal Decree No. M/51 of 27 September 2005) permits the accumulation of weekly rest days over a period of eight weeks in case of work taking place in remote areas and requiring continuous work due to its nature, subject to the agreement between the employer and the workers concerned and to the approval of the Ministry of Labour. It recalls, in this respect, that according to the spirit of the Convention workers should enjoy a minimum period of rest and leisure at regular weekly, or in any event reasonably short, intervals. In this connection, it refers to Paragraph 3 of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), which indicates that persons to whom special weekly rest schemes apply should not work for more than three weeks without receiving the rest periods to which they are entitled. The Committee therefore requests the Government to re-examine the appropriateness of granting accumulated weekly rest once every two months and consider the possibility of amending the relevant provision of the Labour Law accordingly.

Article 8(3). Temporary exceptions – compensatory rest. The Committee has been commenting for a number of years on the absence of a legislative provision to guarantee that compensatory rest is granted whenever work is performed on the day of weekly rest. In this respect, it notes with interest the adoption of the new Labour Law, section 104(1) of which provides that the weekly rest may not be compensated by cash. However, the Committee notes that section 106 of the Labour Law permits temporary exceptions from the normal weekly rest scheme (i.e. 24 hours of rest at full pay every Friday for all workers) on various grounds, including accident, loss of perishable materials or abnormal pressure of work (up to a limit of 30 days a year). While noting the 60 working hours’ weekly limit, set by the Labour Law in the case of overtime work, the Committee requests the Government to clarify how it is ensured in law and practice that workers who are called upon to perform work on their day of weekly rest are granted in all cases a compensatory period of rest of a total duration of 24 hours, as prescribed by this Article of the Convention.

Part V of the report form. Application in practice. The Committee notes the Government’s indication that the Convention is applied in a satisfactory manner. Recalling, however, that the Government has not provided any information concerning the practical application of the Convention since its ratification, it would appreciate receiving up to date information in this regard, including, for instance, statistics on the approximate number of workers covered by the relevant legislation, labour inspection results showing the number of contraventions observed concerning weekly rest and sanctions imposed, copies of collective agreements containing provisions on special weekly rest arrangements, etc.

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

Article 8, paragraph 3, of the Convention. The Committee notes that the new Labour Code, which is supposed to ensure the granting of a compensatory rest period for work carried out on a weekly rest day, is still in preparation. The Committee hopes that the new Labour Code, which the Government announced for several years, will be enacted in the near future in order to give full effect to the provisions of the Convention. It asks the Government to supply a copy of the relevant text to the Office as soon as possible.

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

The Committee notes the Government’s report.

Article 8, paragraph 3 of the Convention. Referring to its previous observation, the Committee notes with interest the information in the Government’s report that a new Labour Code will soon be adopted and promulgated, which will ensure the granting of a compensatory rest day in addition to supplementary payment of wages in the event of work on a day of weekly rest. The Committee hopes that the new Labour Code will be enacted in the near future in order to give full effect to the provisions of the Convention. It asks the Government to supply a copy of the relevant text to the Office as soon as possible.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Article 8, paragraph 3 of the Convention. For several years, the Committee has been drawing the Government's attention to the need to adopt measures to guarantee compensatory rest to workers who, under certain fixed cases provided for in section 150 of the Labour Code, work on the weekly rest day. In its previous observation, the Committee noted the Government's indication that the Committee's comments were being considered. In its latest report, the Government states that pursuant to the Labour Code, an employer must pay a worker for overtime work and that such compensation imposes a substantial financial burden on the employer, particularly when the worker has worked on the weekly rest day. The Government further explains that this financial burden discourages most employers from requesting workers to work on the weekly day of rest. In this respect, the Committee observes that under Article 8, paragraph 3, of the Convention, the granting of compensatory rest is compulsory in every case of exemption from the weekly rest, regardless of any monetary compensation in the event of work on a weekly rest day. It therefore requests the Government to take the necessary measures to amend section 150 of the Labour Code in such a way as to give full effect to Article 8, paragraph 3, of the Convention. It also requests the Government to keep it informed of any progress achieved in this respect and to supply a copy of the relevant text when it is adopted.

The Government is asked to report in detail in 1996.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Article 8, paragraph 3, of the Convention. In earlier comments, the Committee noted that under section 150 of the Labour Code, in certain fixed cases, the employer is not obliged to observe the provisions of section 149, which provides for a weekly rest day on Friday or on a day replacing Friday. In those cases, there is no provision for compensatory rest as required by the Convention. The Committee has noted the statements of the Government to the effect that the Committee's comments were being considered. It hopes the Government will take measures to ensure that, where temporary exemptions from weekly rest day requirements are made, a compensatory day of rest is provided, and that it will provide full information.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

Article 8, paragraph 3, of the Convention. With reference to its previous comments, the Committee recalls that under section 150 of the Labour Code, in certain fixed cases, the employer is not obliged to observe the provisions of section 149 which provides for a weekly rest day on Friday or on a day replacing Friday. Consequently, in the event of the exceptions authorised under section 150, no provision guarantees a period of compensatory rest for a worker who has worked during the weekly rest day, as provided for by the Convention.

The Committee notes the Government's statement to the effect that the question will be examined as appropriate. The Committee expresses the hope that following this examination, the Government will take the necessary measures to amend section 150 of the Labour Code in such a way as to give effect to Article 8, paragraph 3 of the Convention.