Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Saudi Arabia (Ratification: 1978)

Article 1(1) of the Convention. Prohibited grounds of discrimination. Legislative developments. The Committee notes with interest that the amendment of Article 3 of the Labour Law by the Decision of the Council of Minister of 31 July 2019 extended the list of prohibited grounds of discrimination (i.e. “sex, disability and age”) to include “any other form of discrimination” in recruitment, including job advertisement, and in the course of employment. Welcoming this development, the Committee asks the Government to take the necessary measures to raise awareness among workers, employers, workers’ and employers’ organizations and enforcement officials of the new anti-discrimination provisions in the Labour Law. Recalling that, where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention, the Committee invites the Government to consider the possibility of including in Article 3 of the Labour Law, which refers to “any other form of discrimination”, an explicit reference to all the grounds other than sex set out in the Convention (i.e. race, colour, religion, national extraction, political opinion and social origin) to avoid any possible legal discrepancies in future legal interpretations. The Government is also asked to provide information on the number and nature of cases detected or cases dealt with by labour inspectors on the basis of Article 3 of the Labour Law. In addition, observing that the prohibition of discrimination in Article 3 seems to apply only to “citizens”, and recalling that the Convention applies to all workers (nationals and non-nationals), the Committee asks the Government to clarify whether this is the case and, if so, to extend the non-discrimination provision of Article 3 to non-citizens in order to cover migrant workers.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee recalls that, in its previous comment, it requested the Government to provide to information on: (i) any follow-up to the recommendations submitted by the Tripartite Social Dialogue Forum with regard to addressing the issue of sexual harassment and on the regulations being prepared with the Advisory Council for Women’s Work; and (ii) any developments regarding the adoption of the draft regulation penalizing crimes against men and women employees and its content. The Committee welcomes the approval, by the Council of Ministers Decision No. 488 of 29 May 2018, of the Anti-Harassment Act, which is aimed at preventing and combating sexual harassment against both men and women, punishing perpetrators and protecting victims. The Act criminalizes sexual harassment, which is defined as “any utterance, act or gesture with sexual connotations by one person to any other person that would harm his or her body, honour or modesty, by any means, including through the use of modern technology”. This applies to workplaces in both the private and public sectors and requires employers in both sectors to take the necessary measures to prevent and combat harassment, such as by the establishment of internal complaint mechanisms and procedures to ascertain the veracity and seriousness of the complaints in such a manner as to maintain confidentiality. The Committee welcomes the entry into force on 20 October 2019 of the Order implementing the Anti-Harassment Act in private enterprises covered by the Labour Law, which was adopted pursuant to Article 5 of the Act. While welcoming this development, the Committee asks the Government to take steps to ensure that the competent authorities and the private sector put in place the necessary measures to prevent and combat sexual harassment in the working environment, pursuant to Article 5 of the Anti-Harassment Act, and its implementing Order, and raise awareness among workers, employers and their organizations as well as public administration employees and enforcement officers on the provisions of this new Act and its implementing Order. The Committee asks the Government to take the necessary steps to ensure that the definition of sexual harassment in the Act covers both quid pro quo and hostile work environment harassment and that victims have access to appropriate remedies. The Committee asks the Government to confirm that the Act applies to all categories of workers and to all sectors of the economy. It also asks the Government to provide detailed information on the implementation in practice by employers in both the private and public sectors of the provisions of the Act with respect to employment and occupation, in particular regarding the reporting of sexual harassment and the burden of proof. The Committee asks the Government to provide information on any cases of sexual harassment detected by or reported to labour inspectors under the new Act and their outcome. Noting that the Government refers in its report to a Guide on Workplace Ethics, the Committee asks the Government to provide a copy of the guide.

Discrimination against migrant workers. The Committee notes that, according to “Labour Market 2018 Third Quarter Statistics” published by the General Authority for Statistics, non-Saudi workers represent 75.5 per cent of the total number of employed persons. The Committee notes that the Government reiterates in its report that it has already taken the decision to abolish the sponsorship system and that certain terms have been changed for this purpose (for example the term “transfer of sponsorship” has been replaced by “transfer of services”). It further notes that the Government provides information regarding the specific circumstances in which migrant workers can change their place of work and can work for a new employer under the Labour Law and Ministerial Decision No. 1982 of 6 April 2016. In this regard, the Committee refers the Government to its observation under the Forced Labour Convention, 1930 (No. 29), regarding the adoption of Ministerial Decision No. 70273 of 20 December 2018 and Ministerial Decision No. 605 of 12 February 2017 allowing migrant workers, including migrant domestic workers, to change employer, provided notice is given. It notes however that these workers are obliged to obtain permission from the employer or sponsor to leave the country. The Committee also notes that the Government adds that booklets are distributed to “labour-exporting” countries to workers to make them aware of their rights, an instructional video is shown on flights from labour-exporting countries and new workers are provided with SIM cards at no cost on arrival at the airport. The Government refers once again to the website (Labour Education) dedicated to explaining the rights and obligations of workers and employers. The site offers a number of services, including a “labour advice” service. The Government states that employment queries are dealt with immediately and complainants directed to the proper body responsible for dealing with their problems. The Government further indicates that it accords particular importance to the amicable settlement of disputes. The Committee notes that, in its concluding observations, the United Nations Committee for the Elimination of Racial Discrimination (CERD) recommends that Saudi Arabia ensure that all existing provisions adopted to protect migrant workers from abuse and exploitation are enforced effectively and that inspections are conducted by qualified officials in an effective manner to identify and end abusive labour practices. The CERD also recommends that the Government ensure that migrant workers have full access to complaint mechanisms and appropriate remedies. It expresses concern at reports that persons of Asian and African descent face discrimination in access to housing, education, healthcare and employment, as well as societal racism, and that women from minority groups face multiple forms of discrimination on the basis of both ethnic origin and gender (CERD/C/SAU/CO/4–9, 8 June 2018, paragraphs 18, 25 and 27). The Committee wishes to point out that, under the Convention, all migrant workers, including those in irregular situations, must be protected from discrimination in employment on the basis of the grounds set out in Article 1(1)(a) of the Convention (see the 2012 General Survey on the fundamental Conventions, paragraph 778). The Committee urges the Government to continue taking steps to ensure that all migrant workers, including women migrant workers, enjoy effective protection against discrimination on the grounds set out in the Convention (race, colour, sex, religion, political opinion, social origin and national extraction), including effective access to dispute settlement mechanisms and the right to change employer in the case of abuse. The Committee also asks the Government to continue taking active measures to increase the effective enforcement of existing legislation and to carry out awareness-raising activities concerning the respective rights and duties of migrant workers and employers. The Committee asks the Government to continue providing information, disaggregated by sex, race and national extraction, on the number of complaints lodged by migrant workers, and on the number of complaints or cases that have been brought before the courts and the remedies granted to victims.

Article 2. National equality policy. The Committee recalls that, in its previous comments, it urged the Government to take steps to develop and implement a national equality policy. It added that the policy should include specific legislative measures to define and prohibit direct and indirect discrimination, covering all workers and all aspects of employment on all the grounds enumerated by the Convention, and ensuring effective means of redress, noting that the existing Labour Law (Royal Decree No. M/51) did not include such provisions. The Committee notes the Government’s statement in its report that it is continuing to make significant progress towards the adoption of a national policy promoting equality of opportunity and treatment in employment and occupation in order to eliminate discrimination and that a working group has been set up for that purpose. The Government also indicates that, further to its request, the ILO has provided support for the drafting of the equality policy, including comments on the relevant legislation and examples of good practice. A number of meetings have been held since 2017, including with the ILO, to identify and collect documents and information on discrimination issues. In this context, the Committee notes with interest the signature in June 2018 of an Agreement between the Government and the ILO “to support the Ministry of Labour and Social Development (MOLSD) in analysis, policy and capacity development”. The project has three components, one of which is dedicated to “boosting women’s employment towards a more inclusive labour market” and provides for the conduct of a technical study on the situation of women, along with vulnerable groups identified by the MOLSD. It also provides for the review of the national legal framework related to equality in employment and occupation, taking into consideration the grounds set out in the Convention, with a view to identifying the strengths and gaps in the existing legislation. Furthermore, the project aims to develop a national policy on equality through a tripartite-plus process and to develop an implementation plan with recommendations to amend, as necessary, the legal and policy framework. A National Steering Committee is to be established for that purpose. The Committee notes that the national equality policy is currently being drafted. Taking into account these significant developments, the Committee expresses the firm hope that the Government will soon be in a position to finalize and implement, in consultation with the relevant stakeholders, the national equality policy, and that it will cover all categories of workers in all sectors of the economy with a view to eliminating any form of discrimination based on at least all of the grounds set out in the Convention (sex, gender, race, colour, religion, political opinion, social origin and national extraction) and any other grounds it considers appropriate. In the context of this national policy, the Committee urges the Government to pursue and step up its efforts to review and amend the relevant labour legislation with a view to including specific provisions defining and prohibiting direct and indirect discrimination in all aspects of employment and occupation, including recruitment and dismissal, in accordance with the Convention, and providing for effective sanctions and means of redress.

Promoting women’s employment. The Committee notes the Government’s indication in its report that the goals of Saudi Vision 2030 include “increasing the participation of women in the labour market from 22 per cent to 28 per cent in 2020 and 30 per cent by 2030”. As part of this strategy, the MOLSD has developed a number of programmes and initiatives to promote and increase job opportunities for Saudi women in various sectors, such as the communications sector. In this regard, the Committee welcomes the detailed information provided by the Government on the training programmes carried out to train men and women in a number of occupations required by the labour market, including the ILEAD Programme for women (access to leadership positions), and the results achieved with respect to women. The Committee also welcomes the adoption of the Royal Decree of 26 September 2017, which allows the issuance of driving licences to women, thereby removing a genuine obstacle to their employment. Referring to the above-mentioned cooperation agreement with the ILO, the Committee notes that this agreement aims to promote women’s employment in a more inclusive labour market. The Committee also notes that the Unified Regulation of the Women’s Work Environment Initiative, adopted in January 2019, was repealed and replaced by a Ministerial Order of August 2019 on women’s employment.

In order to promote gender equality in employment and occupation, the Committee emphasizes the need to adopt measures and put in place facilities to enable workers with family responsibilities, in particular women, who continue to bear the unequal burden of family responsibilities, to reconcile work and family responsibilities. In this respect, the Committee notes the Government’s indication that the Ministry of Education is implementing a policy on the establishment of childcare facilities. It notes in particular that an initiative to develop the number and quality of childcare facilities and services across the whole country, as part of Saudi Vision 2030, is seeking to open and operate 1,500 crèches and nursery schools. In 2016, there were 922 crèches for children aged one month to 3 years. In this regard, the Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expresses concern at the insufficient measures adopted to promote the concept of shared family responsibilities and to combat the difficulties that women face in reconciling work and family responsibilities. It also notes the low participation rates of women, compared with those of men in the labour market, especially in the private sector; the significant discrepancy between women’s and men’s rates of unemployment; and the persistent horizontal and vertical occupational segregation and the concentration of women in low-paid jobs. It further notes the lack of enforcement of the 2012 Ministerial Decree providing that women no longer need the authorization of a guardian to work, as many employers still require the authorization of a male guardian to employ a woman (CEDAW/C/SAU/CO/3–4, 14 March 2018, paragraph 45). Welcoming the initiatives and measures taken by the Government to increase training and job opportunities for women to enter the labour market, the Committee asks the Government to continue taking concrete steps to develop such opportunities in a wider range of occupations, including non-stereotypical jobs and decision-making positions, and to continue taking steps, such as the development of childcare facilities, to assist women to reconcile work and family responsibilities. Please provide information on the results achieved. Noting that, in addition to the specific measures to promote training and employment for women, the implementation of the Saudization Policy will provide further opportunities for Saudi women to access employment, the Committee asks the Government to specify whether all sectors targeted by this policy are open to women and to envisage analysing the impact of such a policy on women’s employment. It also ask the Government to provide information on the steps taken to ensure that the 2012 Ministerial Decree providing that women no longer need the authorization of a guardian to work is enforced and that women are free to take up employment without the authorization of a male guardian. Please provide information on any cases brought in relation to the failure to comply with the Order and their outcome. The Committee asks the Government to provide detailed information on the rights of women and any remaining restrictions with respect to their employment, including on the effect given in practice to the new Ministerial Order.

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