Involvement of Employers’ and Workers’ organizations in the reporting process

YES, according to the Government: Involvement of the Employer representative of the Council of Saudi Chambers of Commerce and Industry (SCCI), the Chairman of the Aramco Workers’ Committee (AWC) and the Chairman of the Saudi Telecom Workers’ Committee (STWC) through communication of Government’s reports.

OBSERVATIONS BY THE SOCIAL PARTNERS

Employers’ organizations

2008 AR: Observations by the SCCI.

2007 AR: Observations by the SCCI.

Workers’ organizations

2008 AR: Observations by the Saudi Telecom Worker’s Committee (STWC).

2007 AR: Observations by the Aramco Workers’ Committee (AWC).

Observations by the Saudi Telecom Workers’ Committee (STWC).

EFFORTS AND PROGRESS MADE IN REALIZING THE PRINCIPLE AND RIGHT

Ratification

Ratification status

Saudi Arabia ratified in 2001 the Worst Forms of Child Labour Convention, 1999 (No. 182) (C.182). However, it has not ratified the Minimum Age Convention, 1973 (No. 138) (C. 138).

Ratification intention

YES since 2002, for C.138.

2008 AR: The Government reiterated its intention to ratify C.138.

The SCCI and the STWC expressed their support to the ratification of C.138.

2007 AR: The AWC and the STWC supported ratification of C.138 by Saudi Arabia.

2005 AR: the Government indicated that it was carefully considering ratification of C.138.

2001 AR: Based on information in GB.282/LILS/7 and GB.282/8/2 (Nov. 2001), the Government intended to ratify C.138.

Recognition of the principle and right (prospect(s), means of action, basic legal provisions)

Constitution

NIL

Policy, legislation and/or regulations

Basic legal provisions

Legislation:

The Labour Law

Regulations:

The Labour Minister’s Decree No.1/738,1of 16/5/1425[2004].

(i) the Labour Law; (ii) the Labour Minister's Decree No 1/738, of 16/5/1425, (4/7/2004) (prohibition of the employment of children or their exploitation, and all forms of human trafficking,.

Judicial decisions

NIL

Compulsory education

NIL

Minimum Age

2002 AR: General minimum age for admission to employment or work: 13 years for both boys and girls.

EFFORTS AND PROGRESS MADE IN REALIZING THE PRINCIPLE AND RIGHT

Exercise of the principle and right

Minimum Age

The general minimum age for admission to employment for both girls and boys is 13 years. This general minimum age is recognized for the following types of employment: work in all enterprises; light work and work performed in export processing zones. It does not cover: work in a family-owned or family-operated enterprise; homework; domestic service; self-employed work; commercial agriculture; family and small-scale agriculture; and other types of work.

Hazardous work: minimum age of 18 years for both boys and girls.

Hazardous work is defined in the legislation. Ministerial Decree No. 435 of 4.11.1404 (1983) determines the types of work and occupations in which workers are exposed to lead poisoning.

Worst Forms Child Labour

C. 182 has been ratified.

Special attention to particular situations

NIL

Information/Data collection and dissemination

NIL

Monitoring, enforcement and sanctions mechanisms

2005 AR: According to the Government: Regular inspection visits of all enterprises in the country are undertaken by labour inspection to ensure compliance and total exclusion of child labour.

Involvement of the social partners

NIL

Promotional activities

2007 AR: According to the Government: Some activities were organized to promote the ILO Declaration in the country. The Government also mentioned its participation in the ILO/Gulf Cooperation Council (GCC) on the Declaration Follow-up organized in Kuwait City in April 2006. It also took part in workshops on small and medium enterprises (SMI) held in Oman in 2006.

The AWC and the STWC mentioned their participation in this ILO/GCC workshop.

Special initiatives/Progress

2004 AR: According to Government: One of the main measures taken in Saudi Arabia regarding the elimination of child labour is prohibiting children (under the age of 18) from camel riding and participating in camel races.

CHALLENGES IN REALIZING THE PRINCIPLE AND RIGHT

According to the social partners

Employers’ organizations

NIL

Workers’ organizations

NIL

According to the Government

2000-2005 ARs: According to the Government: Child labour does not exist in the country.

TECHNICAL COOPERATION

Request

2007-2008 ARs: The Government, the SCCI and the AWC mentioned the need for ILO technical cooperation to promote the Declaration’s principles and rights (PRs) in the country.

Offer

ILO

EXPERT-ADVISERS’ RECOMMENDATIONS/ OBSERVATIONS

2008 AR: The ILO Declaration Expert-Advisers (IDEAs) observed that the Annual Review had made it possible to highlight and follow up country situations that required greater attention, and that some countries, such as the Gulf States (as well as China and new member States, in particular in the South Pacific), had made important efforts during this process. However, according to them, more needed to be done. They also considered that universal ratification of the child labour Conventions was not a distant dream but an achievable goal, in view of the number of States, including Saudi Arabia, having expressed their intention to ratify C.138 and/or C.182 (Cf. Paragraphs 12 and 56 of the 2008 Annual Review Introduction – ILO: GB.301/3).

2007 AR: The IDEAs noted the paucity of practical information of several reports, including the one of Saudi Arabia, which complicated their task of assessing the extent to which the PR is realized in the countries concerned. They drew the attention of governments to the possibility of requesting technical assistance from the Office to facilitate fuller and more comprehensive reporting (Cf. Paragraph 52 of the 2007 Annual Review Introduction – ILO: GB.298/3).

2005 AR: The IDEAs noted with interest the continuing efforts made by the countries of the Gulf Cooperation Council (Cf. Paragraph 148 of the 2005 Annual Review Introduction – ILO: GB.292/4).

2004 AR: The IDEAs noted that the GCC States had been providing more information on freedom of association and the right to collective bargaining, but not enough on the other three PRs. This would help to illustrate the link between all four PRs (Cf. Paragraph 85 of the 2004 Annual Review Introduction – ILO: GB.289/4).

2003 AR: The IDEAs commended Saudi Arabia and other GCC States for their continuing dialogue with the Office through the annual review process (Cf. Paragraph 4 of the 2003 Annual Review Introduction – ILO: GB.286/4).

2002 AR: The IDEAs acknowledged the high-level dialogue and agreement on a plan of activities between the Office and the GCC Governments, including Saudi Arabia (Cf. Paragraph 82 of the 2002 Annual Review Introduction – ILO: GB.283/3/1).

2001 AR: The IDEAs hoped in particular that the governments of GCC countries would continue a dialogue with the Office regarding the ways in which respect for fundamental principles and rights at work and positive changes could be achieved through technical cooperation (Cf. Paragraph 77 of the 2001Annual Review Introduction – ILO: GB.280/3/1).

GOVERNING BODY RECOMMENDATIONS/ OBSERVATIONS

NIL