Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Convention (n° 89) sur le travail de nuit (femmes) (révisée), 1948 - Arabie saoudite (Ratification: 1978)

Article 3 of the Convention. Prohibition of night work for women. The Committee notes the adoption of the new Labour Code, Royal Decree No. M/51 of 27 September 2005, section 150 of which essentially reproduces section 161 of the previous Labour Code of 1969, and thus continues to give effect to the basic requirement of the Convention.  It also notes the Government’s reference to Ministerial Order No. 2838 of 2006 which exempts from the application of section 150 of the Labour Code: (i) work in education, charity or health services; (ii) family undertakings; (iii) cases of force majeure or urgency; and (iv) work to preserve perishable materials.

More generally, while noting that the new Labour Code remains fully consistent with the requirements of the Convention, the Committee wishes to recall that contrary to earlier times when emphasis was placed primarily on protecting women from working conditions that were excessively arduous and hazardous to their health, the current trend is to give greater importance to promoting equality between men and women. For this reason, differences in treatment between men and women can only be permitted on an exceptional basis, or where they are justified by the existence of overriding biological or physiological reasons, as in the case of pregnancy and maternity. It is in this sense that the Committee in paragraph 161 of its General Survey of 2001 on the night work of women in industry called for “a critical re-examination of provisions which are assumed to be protective towards women, but which in fact have the effect of hindering the achievement of effective equality by perpetuating or consolidating their disadvantaged employment situation”. While recognizing the need for a balanced and phased approach in eliminating gender inequalities, due regard being paid to national circumstances, traditions and practices, the Committee invites the Government, in consultation with the social partners, to consider the possibility of modernizing its legislation by ratifying either the 1990 Protocol to Convention No. 89, which opens up the possibility for women to work at night under certain conditions, or the Night Work Convention, 1990 (No. 171), which applies to all night workers in all branches and occupations. The Committee recalls that the Government may wish to seek the assistance of the Office with a view to better understanding the possibilities and implications of each of these two instruments and revising existing legislation accordingly. It requests the Government to keep the Office informed of any decision taken or envisaged in this regard.