Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Forced Labour Convention, 1930 (No. 29) - Saudi Arabia (Ratification: 1978)
Protocol of 2014 to the Forced Labour Convention, 1930 - Saudi Arabia (Ratification: 2021)

Articles 1(1) and 2(1) of the Convention. Vulnerable situation of migrant workers with regard to the exaction of forced labour. In its previous comments, the Committee noted the vulnerable situation of migrant workers, particularly domestic workers who are excluded from the provisions of the Labour Code and work under the visa sponsorship system. In this regard, the Committee noted the information in the report of the UN Special Rapporteur on violence against women that “upon arrival, all migrants have their passport and residency permit taken away from them ... and some find themselves in slave-like conditions”. Moreover, “female domestic workers who are among the most vulnerable to abuse ... are sometimes locked up in the house with no possibility to make or receive phone calls, or are prohibited from leaving the house at their will” (A/HRC/11/6/Add.3, 14 April 2009, paragraphs 57 and 59). It further noted a 2012 report of the International Trade Union Confederation (ITUC) that migrant workers are forced to work long hours, often all day long with little or no time for rest and that the sponsorship system, also known as the kafala system, ties migrant workers to particular employers, limiting their options and freedom. A migrant worker is not allowed to change employers or leave the country without the written consent of the employer. Workers cannot leave their job and, in case a worker escapes the employer, then she/he cannot search for a new job or leave the country. The ITUC asserted that this system, in conjunction with the practice of confiscating travel documents and withdrawing wages, puts workers under conditions akin to slavery. However, the Committee also noted the Government’s statement that it was aware of the magnitude and seriousness of the situation of migrant domestic workers and that it was committed to expediting the process of adopting regulations on the work of this category of workers. The Committee expressed the firm hope that any new regulations adopted would include provisions specifically tailored to the difficult circumstances faced by migrant domestic workers and in particular to the problems caused by the visa sponsorship system.

The Committee notes the Government’s statement that the Regulation on domestic workers and similar categories of workers was approved by virtue of Order No. 310 of 7 September 2013, taken by the Council of Ministers. The Government states that this Regulation aims to regulate the relationship between an employer and a domestic worker, by clarifying the rights and obligation of both parties. Sections 2 and 7 of the Regulation prohibit an employer from giving work other than the work agreed upon in the contract, or work that is hazardous to health, demeaning or for a third party. Section 7 also obliges an employer to pay the worker the wage agreed upon at the end of each month (to be confirmed by the written signature of the worker) and to provide appropriate housing, nine hours of daily rest, sick leave and paid leave after two years of service. Section 8 provides for a weekly day of rest with the agreement of both parties. Section 17 states that employers who violate the Regulation may be subject to a fine, or a ban from recruiting workers for a number of years. Regarding the obligations of the worker, section 6 of the Regulation states that domestic workers must respect the teachings of Islam, the rules and regulations in place in the Kingdom and the specificity and culture of Saudi society, and that they may not refuse work or leave their service without a legitimate reason. Section 18 provides that workers who violate the provisions of the Regulation may be subject to a fine, a prohibition from working in the country, and the cost of returning to his or her own country. In addition, section 13 of the Regulation provides that if a worker leaves the household without notice, the employer can notify the police, who will then notify the department in charge of passports, as well as the labour office. Lastly, the Regulation provides for the establishment of a committee under the Minister of Labour, to examine financial disagreements between the employer and worker that are not of a criminal nature.

While noting that the new Regulation constitutes a first step towards regulating the work of migrant domestic workers, the Committee observes that the Regulation does not address several of the factors identified by the Committee that increase the vulnerability of these workers to situations of forced labour. Particularly, the Regulation does not address the possibility of changing employers or leaving the country without the written consent of the employer, or the issue of the retention of passports. Moreover, it does not appear to provide for recourse for migrant domestic workers to a competent authority for non-financial complaints. In this regard, the Committee reiterates the importance of taking effective action to ensure that the system of employment of migrant workers (the sponsorship system), including migrant domestic workers, does not place the workers concerned in a situation of increased vulnerability, particularly when they are subjected to abusive employer practices, such as retention of passports, 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. The Committee once again urges the Government to take the necessary measures to ensure that migrant domestic workers are fully protected from abusive practices and conditions that amount to the exaction of forced labour, including by addressing the difficult circumstances which may be faced by such workers due to the visa sponsorship system. Particularly, it urges the Government to take specific measures to respond to cases of abuse of migrant workers and to ensure that victims of such abuse are able to exercise their rights in order to halt violations and obtain redress. It requests the Government to provide information on the measures taken in this regard, including measures to implement the Regulation on domestic workers and similar categories of workers, as well as measures to allow domestic workers to transfer their services to a new employer or to terminate their employment. Moreover, noting an absence of penal sanctions in the Regulation, and recalling that Article 25 of the Convention provides that the illegal exaction of forced or compulsory labour shall be punishable by penalties that are really adequate and strictly enforced, the Committee requests the Government to provide information on the penalties which may be applied to employers who engage migrant workers in situations amounting to forced labour.

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