ILO-en-strap
NORMLEX
Information System on International Labour Standards
NORMLEX Home > Country profiles >  > Comments > All Comments

Display in: French - Spanish

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)

Article 7(3 )of the Convention. Limits on additional hours of work. The Committee requests the Government to refer to the comments made under Article 6(2) of the Hours of Work (Industry) Convention, 1919 (No. 1).

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

The Committee notes the adoption of a new Labour Law (Royal Decree No. M/51 of 27 September 2005), which essentially reproduces the provisions on hours of work of the previous Labour Law (Royal Decree No. M/21 of 15 November 1969).

Article 7, paragraph 1, of the Convention. Permanent exceptions.The Committee requests the Government to refer to the comments made under Article 6(1) of the Hours of Work (Industry) Convention, 1919 (No. 1).

Article 7, paragraph 3. Maximum limits on additional hours of work.The Committee requests the Government to refer to the comments made under Article 6(2) of Convention No. 1.

Part V of the report form. Application in practice. The Committee would be grateful if the Government would provide together with its next report up to date information on the application of the Convention in practice including, for instance, information on the number of workers covered by the relevant legislation, extracts from labour inspection reports showing the number and nature of infringements of the working time legislation observed and the sanctions imposed, statistics on the hours of overtime worked in the cases covered by Articles 5 and 7(2) of the Convention, any difficulties encountered in the implementation of the Convention, etc.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s statement that the Convention is applied satisfactorily in practice. It also notes that the annual Labour Inspection Report of 1422/1423h (2002), addressed to the ILO under Ref. 14/2174 of 9/4/2003 (7.Safar.1424h), contains no information on inspections carried out in relation to working time. The Committee requests the Government to supply additional information in its next report, such as extracts of labour inspection reports and any relevant available data or statistics related to hours of work, as requested in Part V of the report form.

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

The Committee notes the information contained in the Government's last report concerning Article 7, paragraph 3, and Article 11, paragraph 2, of the Convention. It also notes that the Government indicates the Convention is correctly applied in practice, and would be grateful if the Government would supply further information in its next report, such as extracts from the reports of the inspection services and all available relevant information and statistics, in conformity with Part V of the report form.

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

Article 7, paragraph 3, of the Convention. See under Convention No. 1 (Article 6, paragraph 2), as follows:

2. With regard to Article 6, paragraph 2, the Committee notes Ministerial Order No. 16 of 18.13.1397 H, of which the Government provided a copy. It notes the Government's explanations concerning the determination of maximum amount of overtime and the information to the effect that recourse is made to such overtime only in exceptional situations where there is a heavy workload and is subject to supervision by the competent labour office, and that, in practice, there has been no abuse of overtime.

Article 11, paragraph 2. See under Convention No. 1 (Article 8, paragraph 1), as follows:

3. With reference to its previous comments, the Committee notes with interest the Government's indication that a circular has recently been issued reminding employers that they are required to post working hours in accordance with Article 8, paragraph 1.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

Article 7, paragraph 3, of the Convention. See under Article 6, paragraph 2, of Convention No. 1, as follows:

Article 6, paragraph 2. Please communicate a copy of Ministerial Order No. 16 of 18/1/1397 H, which is not available in the Office, and/or any order issued under section 152 of the Labour Code relevant to working hours in the cases contemplated in paragraphs (a), (b) and (c) of this section.

Article 11, paragraph 2. See under Article 8, paragraph 1, of Convention No. 1, as follows:

Article 8, paragraph 1. The Committee notes that the Government is examining the possibility of taking measures through regulations to supplement section 9 of the Labour Code and require establishments employing fewer than 20 workers to post working hours as required by this Article of the Convention. It trusts that the Government will soon take the measures necessary to give full effect to this provision of the Convention.

© Copyright and permissions 1996-2024 International Labour Organization (ILO) | Privacy policy | Disclaimer