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in its report that section 150 of the Labour Law, which established the prohibition of night work for women, was repealed by Royal Decree No. M/5 of 26 August 2020.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).