Observation (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 29) sur le travail forcé, 1930 - Arabie saoudite (Ratification: 1978)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Arabie saoudite (Ratification: 2021)

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 31 August 2016, as well as the Government’s report and its reply to the ITUC’s observations.

Articles 1(1) and 2(1) of the Convention. Vulnerable situation of migrant workers to conditions of forced labour. 1. Migrant workers. The Committee notes that migrant workers are covered by the Labour Law (Royal Decree No. M/51, 27 September 2005) under Part III “Employment of non-Saudis”. It also notes that section 74 provides for the cases for termination of work contract, including: (i) upon agreement of both parties; (ii) at the discretion of either party in the case of contracts of indefinite duration; (iii) the retirement age of the worker; and (iv) in case of force majeure. Under section 75, either party may terminate the indefinite term contract, provide a written notice of at least 30 days prior to the termination date if the worker is paid monthly and not less than fifteen days for others. The Committee further notes that under section 81 a worker may leave his job without notice in certain cases, including: (i) the failure of the employer to fulfil his essential contractual obligations; (ii) the fraud of the employer with respect to the working conditions; and (iii) abusive and violent practices.

The Committee notes the Government’s indication in its report that Ministerial Decrees Nos 166 and 4786 were issued in 2015 to prohibit and sanction any practice of passport confiscation from the employer. The Government also indicates that 16 authorized employment agencies have been established throughout the country to regulate and monitor the recruitment of migrant workers and prevent any fraud during the recruitment process.

The Committee notes that the ITUC asserts in its observations that in July 2016 more than 10,000 Indian citizens were stranded in Saudi Arabia without money or food. The workers, most of whom worked in construction jobs, had not been paid in seven months and their passports had been confiscated. According to the ITUC, the Indian Consulate in Jeddah distributed food to laid-off workers, and the Indian Minister of State for External Affairs had to travel to the country to arrange for the workers’ repatriation to India, by requesting the issue of certificates from the employer, as well as exit permits from the Government. Lastly, the ITUC asserts that, approximately 8,000 workers from Pakistan and as many as 20,000 workers from the Philippines are facing the same situation. The ITUC also adds that, although many migrant workers sign contracts with their employers, some report working conditions substantially different from those described in the contract, and other workers never see a work contract. Moreover, the ITUC states that, in October 2015, a package of 38 amendments to the Labour Law went into effect, with the Labour Ministry issuing directives introducing or raising fines for employers who violate regulations. These include prohibitions on passports confiscation, failing to pay salaries on time, and failure to provide copies of contracts to employees. The ITUC further indicates that these reforms, if properly enforced, might help to protect migrant workers. The Committee notes the Government’s indication that with regard to the situation of migrant workers, particularly Indian citizen workers stranded in the country, several measures have been taken to assist them. Taskforces were set up in all the regions of the country where branches of the concerned companies manage the labour crisis. The taskforces team provided the living and necessary needs, including food and medical care to the workers in their place of residence. The Government also indicates that it bore all the fees of residence permits and exit visas required from the workers wishing to depart from the country and fines will be deducted from the concerned companies. Moreover, the Government indicates that Order No. 52958 of 2016 established the Wages Protection Programme that will ensure that workers receive their salaries in due time.

The Committee recalls that the situation of vulnerability of migrant workers requires specific measures to assist them in asserting their rights, and that such measures must be effectively applied in practice. In this regard, the Committee urges the Government to strengthen its efforts to ensure that, in practice, migrant workers are not exposed to practices that might increase their vulnerability, in particular, in matters related to passports confiscation and contract substitution. The Committee also requests the Government to take the necessary measures to enable migrant workers to approach the competent authorities and seek redress in the event of a violation of their rights or abuses, without fear of retaliation. It further requests the Government to provide statistical information on the number of violations of the working conditions of migrant workers that have been recently detected and registered by the labour inspectors, and to indicate the penalties applied for such violations. Lastly, the Committee requests the Government to provide information on the measures taken to ensure that migrant workers who are victims of abuse receive psychological, medical and legal assistance, and to provide information on the number of existing shelters as well as the number of persons benefiting from this assistance.

2. Migrant domestic workers. In its earlier comments, the Committee noted that migrant domestic workers are not covered by the Labour Law, and that their work is regulated by virtue of Order No. 310 of 7 September 2013 (Regulation on domestic workers and similar categories of workers). The Committee also noted during the discussions on the application of the Convention at the Conference Committee in June 2014, that the Government outlined the various measures taken recently to protect migrant domestic workers. It also noted that, while the various steps taken by the Government were acknowledged by the Conference Committee, Employer and Worker members stressed that further measures were necessary in order to develop and implement effective action to identify and eliminate all cases of forced labour in the country. The Committee requested the Government to continue to take measures to protect domestic workers from abusive practices and conditions that amount to forced labour.

The Committee notes the Government’s indication in its report that 37 committees for the settlement of labour disputes related to domestic workers have been set up in order to provide assistance to migrant domestic workers. The Government also indicates that various measures have been taken recently to promote migrant domestic workers’ rights, including the issuing of a guideline booklet on their rights, the establishment of a hotline in eight different languages to provide information and advice on the rights of domestic workers, as well as various awareness-raising measures on this issue. Moreover, several bilateral agreements have been signed with the countries of origin of migrant domestic workers in order to enhance the collaboration between the country and the embassies and also to provide better protection to this category of workers.

The Committee notes that the ITUC asserts in its observations that pursuant to section 7 of the Labour Law as amended “domestic helpers and the like” are excluded from its provisions. Although a regulation on domestic workers was adopted in 2013, it does not extend protections to domestic workers which are equal to those enjoyed by other workers in Saudi Arabia. For example, daily working time is 15 hours under the regulation (accounting for nine hours of daily rest) whereas working time for other workers is limited to eight hours per day. According to the ITUC, the Minister of Labour has confirmed that a domestic worker cannot leave a job without a valid reason. The ITUC further stresses that despite the recent labour reforms, migrant domestic workers will be deprived of the protection of such reforms.

The Committee recalls the importance of taking effective action to ensure that the system of the employment of migrant domestic workers does not place the workers concerned in a situation of increased vulnerability, particularly where they are subjected to abusive employer practices, such as retention of passports, non-payment of wages, indecent conditions of work, deprivation of liberty and physical and sexual abuse. Such practices might cause their employment to be transformed into situations that could amount to forced labour. In this regard, the Committee urges the Government to take the necessary measures, in law and in practice, to ensure that migrant domestic workers are fully protected from abusive practices and conditions that amount to the exaction of forced labour.

3. Sponsorship system (kafala). The Committee notes that the ITUC asserts in its observations that a worker’s visa and legal status is tied to the employer, who is responsible for the worker’s recruitment fees, completion of medical exams and possession of an identity card. The worker, therefore, has to obtain permission from the employer or sponsor to transfer employer or leave the country. According to the ITUC, due to the mandatory visa exit system, some workers are forced to work for months or years beyond their contract term because their employers will not grant them an exit permit. The Committee requests the Government to indicate the manner in which migrant workers, and in particular migrant domestic workers, can exercise, in practice, their right to freely terminate their employment, so that they do not fall into abusive practices that may arise from the visa “sponsorship” system. The Committee also requests the Government to provide information on the conditions and the length of the procedure for changing an employer, and to provide statistical information on the number of transfers that have occurred recently.

Article 25. Penalties for the exaction of forced labour. For a number of years, the Committee has observed that the Labour Code does not contain any specific provisions prohibiting forced labour. In this regard, it noted the Government’s reiterated explanations referring to section 61 of the Labour Code, which prohibits employers from using workers to exact labour without the payment of wages. The Committee observed, in this regard, that section 61 does not contain a general prohibition of forced labour but merely lays down an obligation to remunerate the performance of work within the framework of a normal employment relationship. The Committee notes the adoption of Ministerial Order No. 4786 of 2015 which sets up a table with different categories of infringements and the respective penalties applied. The Committee notes that under the Order, employers imposing forced labour on a worker are only punished with a fine of 15,000 Saudi Arabian riyals (SAR) which is multiplied with the multiplicity of cases. The Committee recalls that Article 25 of the Convention provides that the exaction of forced labour shall be punishable as a penal offence. The Committee, therefore, urges the Government to take the necessary measures to ensure that persons who impose forced labour are subject to fully adequate and strictly enforced penalties. It requests the Government to provide information on measures taken in this regard.

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