Observation (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 95) sur la protection du salaire, 1949 - Arabie saoudite (Ratification: 2020)

The Committee notes that, in November 2024, the Governing Body declared receivable a representation submitted by the Building and Wood Workers’ International (BWI) under article 24 of the ILO Constitution, alleging non-observance by Saudia Arabia of Convention No. 95, as well as of the Forced Labour Convention, 1930 (No. 29), the Protocol of 2014 to the Forced Labour Convention, 1930 (P29), the Labour Inspection Convention, 1947 (No. 81), the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and decided to appoint a tripartite committee to examine it (GB.352/INS/20/8 paragraph 6). The Committee notes that the allegations contained in the representation refer to Article 12 of Convention No. 95. In accordance with its usual practice, the Committee has decided to suspend its examination of these issues pending the decision of the Governing Body in respect of the representation.

Article 15(c). 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 wage protection with respect to Ministerial Decision No. 92768 of 3 December 2021. The Committee emphasizes the importance of ensuring effective supervision, notably through the reinforcement of the activities of the labour inspectorate, and the strict application of appropriate penalties in order to prevent and punish wage protection provisions’ violations (2003 Survey on protection of wages, paragraph 463). The Committee requests the Government to take the necessary measures to ensure that all penalties established in the national legislation for protection of wages’ 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 Convention No. 81.

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