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Articles 4 and 5 of the Convention. Total or partial exceptions – compensatory rest. The Committee requests the Government to refer to the comments made under Articles 7 and 8 of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106).
Article 7. Posting of notices. The Committee notes that, under sections 12 and 13 of the new Labour Law (Royal Decree No. M/51 of 27 September 2005), employers employing ten or more workers are required to submit to the Ministry of Labour a work organization regulation which includes internal work arrangements and which, once approved, must be displayed in a prominent location at the workplace. The Committee requests the Government to clarify how this requirement of the Convention is given effect in the case of enterprises employing less than ten workers. It would also appreciate receiving a copy of the model work organization regulation provided for in section 14 of the Labour Law.
Article 7 of the Convention. Special weekly rest schemes. The Committee notes that section 105 of the new Labour Law (Royal Decree No. M/51 of 27 September 2005) permits the accumulation of weekly rest days over a period of eight weeks in case of work taking place in remote areas and requiring continuous work due to its nature, subject to the agreement between the employer and the workers concerned and to the approval of the Ministry of Labour. It recalls, in this respect, that according to the spirit of the Convention workers should enjoy a minimum period of rest and leisure at regular weekly, or in any event reasonably short, intervals. In this connection, it refers to Paragraph 3 of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), which indicates that persons to whom special weekly rest schemes apply should not work for more than three weeks without receiving the rest periods to which they are entitled. The Committee therefore requests the Government to re-examine the appropriateness of granting accumulated weekly rest once every two months and consider the possibility of amending the relevant provision of the Labour Law accordingly.
Article 8(3). Temporary exceptions – compensatory rest. The Committee has been commenting for a number of years on the absence of a legislative provision to guarantee that compensatory rest is granted whenever work is performed on the day of weekly rest. In this respect, it notes with interest the adoption of the new Labour Law, section 104(1) of which provides that the weekly rest may not be compensated by cash. However, the Committee notes that section 106 of the Labour Law permits temporary exceptions from the normal weekly rest scheme (i.e. 24 hours of rest at full pay every Friday for all workers) on various grounds, including accident, loss of perishable materials or abnormal pressure of work (up to a limit of 30 days a year). While noting the 60 working hours’ weekly limit, set by the Labour Law in the case of overtime work, the Committee requests the Government to clarify how it is ensured in law and practice that workers who are called upon to perform work on their day of weekly rest are granted in all cases a compensatory period of rest of a total duration of 24 hours, as prescribed by this Article of the Convention.
Part V of the report form. Application in practice. The Committee notes the Government’s indication that the Convention is applied in a satisfactory manner. Recalling, however, that the Government has not provided any information concerning the practical application of the Convention since its ratification, it would appreciate receiving up to date information in this regard, including, for instance, statistics on the approximate number of workers covered by the relevant legislation, labour inspection results showing the number of contraventions observed concerning weekly rest and sanctions imposed, copies of collective agreements containing provisions on special weekly rest arrangements, etc.
The Committee notes the adoption of a new Labour Law (Royal Decree No. M/51 of 27 September 2005), which essentially reproduces the provisions on hours of work of the previous Labour Law (Royal Decree No. M/21 of 15 November 1969).
Article 7, paragraph 1, of the Convention. Permanent exceptions. The Committee requests the Government to refer to the comments made under Article 6(1) of the Hours of Work (Industry) Convention, 1919 (No. 1).
Article 7, paragraph 3. Maximum limits on additional hours of work. The Committee requests the Government to refer to the comments made under Article 6(2) of Convention No. 1.
Part V of the report form. Application in practice. The Committee would be grateful if the Government would provide together with its next report up to date information on the application of the Convention in practice including, for instance, information on the number of workers covered by the relevant legislation, extracts from labour inspection reports showing the number and nature of infringements of the working time legislation observed and the sanctions imposed, statistics on the hours of overtime worked in the cases covered by Articles 5 and 7(2) of the Convention, any difficulties encountered in the implementation of the Convention, etc.
Article 6, paragraph 1, of the Convention. Permanent exceptions. The Committee notes that section 108 of the new Labour Law provides that, for preparatory and intermittent jobs, the maximum working hours will be specified by regulations. The Committee requests the Government to indicate whether these regulations have already been issued and, if so, to transmit copies.
Article 6, paragraph 2. Maximum limits on additional hours of work. The Committee notes that under section 106 of the new Labour Law, the actual working hours in the case of annual inventory activities, accident, imminent loss of perishable materials or seasonal activities may not exceed ten hours a day or 60 hours a week while the maximum overtime hours allowed per year is to be determined by a decision of the Minister of Labour. In this connection, the Committee notes the adoption of Ministerial Order No. 2832 of 2006 which fixes the maximum of additional hours per year at 480 hours. The Committee considers that despite the fact that the Convention does not prescribe any specific limit to the total number of additional hours which may be worked during a specified period in case of permanent or temporary exceptions, a total of 480 hours a year may not be considered consistent with the requirements of the Convention. The Committee recalls that the question of fixing a reasonable annual limit (in the absence of any specific provision in the Labour Law of 1969), in conformity with the Convention’s objectives, has been the subject of numerous comments over the past 25 years.
In this regard, the Committee wishes to refer to paragraph 144 of its General Survey of 2005 on hours of work in which it noted that even though the establishment of specific limits to the total number of additional hours is left to the competent authorities, this does not mean that such authorities have unlimited discretion in this regard. Such limits must be “reasonable” and they must be prescribed in line with the general goal of the instruments, namely to establish the eight-hour day and 48-hour week as a legal standard of hours of work in order to provide protection against excessive fatigue and to ensure reasonable leisure and opportunities for recreation and social life. The Committee also wishes to draw the Government’s attention to the reference made in the same paragraph of the General Survey to the preparatory work that led to the adoption of Convention No. 1 which gives some guidance as to what may be considered under the Convention as permissible limits on the number of additional hours. More concretely, as far as hours of work in industry are concerned, the limits considered to be permissible amounted to a total of 60 hours a week in the case of permanent exceptions and 150 hours a year in the case of temporary exceptions, or 100 hours a year for non-seasonal activities. As far as hours of work in commerce and offices are concerned, at the time of the adoption of Convention No. 30, such limits amounted to ten hours a day and 60 hours a week for intermittent work and ten hours a day and 54 hours a week for preparatory or complementary work. In light of the preceding observations, the Committee requests the Government to consider all appropriate action, including amending Ministerial Order No. 2832 of 2006, in order to establish a reasonable limit on the number of additional hours in case of certain exceptions and thus bring the national legislation into conformity with the requirements of this Article of the Convention.
Part VI of the report form. Application in practice. The Committee would be grateful if the Government would provide together with its next report up to date information on the application of the Convention in practice including, for instance, statistics on the number of workers covered by the relevant legislation, extracts from labour inspection reports showing the number and nature of infringements of the working time legislation observed and the sanctions imposed, statistical information on the hours of overtime worked in the cases covered by Articles 3 and 6 of the Convention, any difficulties encountered in the implementation of the Convention, etc.
Article 3 of the Convention. Prohibition of night work for women. The Committee notes the adoption of the new Labour Code, Royal Decree No. M/51 of 27 September 2005, section 150 of which essentially reproduces section 161 of the previous Labour Code of 1969, and thus continues to give effect to the basic requirement of the Convention. It also notes the Government’s reference to Ministerial Order No. 2838 of 2006 which exempts from the application of section 150 of the Labour Code: (i) work in education, charity or health services; (ii) family undertakings; (iii) cases of force majeure or urgency; and (iv) work to preserve perishable materials.
More generally, while noting that the new Labour Code remains fully consistent with the requirements of the Convention, the Committee wishes to recall that contrary to earlier times when emphasis was placed primarily on protecting women from working conditions that were excessively arduous and hazardous to their health, the current trend is to give greater importance to promoting equality between men and women. For this reason, differences in treatment between men and women can only be permitted on an exceptional basis, or where they are justified by the existence of overriding biological or physiological reasons, as in the case of pregnancy and maternity. It is in this sense that the Committee in paragraph 161 of its General Survey of 2001 on the night work of women in industry called for “a critical re-examination of provisions which are assumed to be protective towards women, but which in fact have the effect of hindering the achievement of effective equality by perpetuating or consolidating their disadvantaged employment situation”. While recognizing the need for a balanced and phased approach in eliminating gender inequalities, due regard being paid to national circumstances, traditions and practices, the Committee invites the Government, in consultation with the social partners, to consider the possibility of modernizing its legislation by ratifying either the 1990 Protocol to Convention No. 89, which opens up the possibility for women to work at night under certain conditions, or the Night Work Convention, 1990 (No. 171), which applies to all night workers in all branches and occupations. The Committee recalls that the Government may wish to seek the assistance of the Office with a view to better understanding the possibilities and implications of each of these two instruments and revising existing legislation accordingly. It requests the Government to keep the Office informed of any decision taken or envisaged in this regard.
The Committee notes the Government’s statement that the Convention is applied satisfactorily in practice. It also notes that the annual Labour Inspection Report of 1422/1423h (2002), addressed to the ILO under Ref. 14/2174 of 9/4/2003 (7.Safar.1424h), contains no information on inspections carried out in relation to working time. The Committee requests the Government to supply additional information in its next report, such as extracts of labour inspection reports and any relevant available data or statistics related to hours of work, as requested in Part V of the report form.
The Committee notes that according to the Government’s report no new legislative or other measures affecting the application of the Convention have been adopted and that the Convention continues to be implemented in a satisfactory manner.
The Committee takes this opportunity to refer to paragraphs 191-202 of its 2001 General Survey on the night work of women in industry, in which it observed that the present trend is no doubt to move away from a blanket prohibition against women’s night work and to give the social partners the responsibility for determining the extent of the permitted exemptions. It also noted that many countries are in the process of easing or eliminating legal restrictions on women’s employment during the night with the aim of improving women’s opportunities in employment and strengthening non-discrimination. The Committee further recalled that member States are under an obligation to review periodically their protective legislation in light of scientific and technological knowledge with a view to revising all gender-specific provisions and discriminatory constraints. This obligation stems from Article 11(3) of the 1979 United Nations Convention on the Elimination of All Forms of Discrimination against Women (to which parenthetically Saudi Arabia became party in 2000), as later reaffirmed in point 5(b) of the 1985 ILO resolution on equal opportunities and equal treatment for men and women in employment.
More concretely, the Committee considered that the Protocol of 1990 to Convention No. 89 was designed as a tool for smooth transition from outright prohibition to free access to night employment, especially for those States that wished to offer the possibility of night employment to women workers but felt that some institutional protection should remain in place to avoid exploitative practices and a sudden worsening of the social conditions of women workers. It also suggested that greater efforts should be made by the Office to help those constituents who are still bound by the provisions of Convention No. 89, and who are not yet ready to ratify the new Night Work Convention, 1990 (No. 171), to realize the advantages of modernizing their legislation in line with the provisions of the Protocol. Therefore, the Committee invites the Government to give favourable consideration to the ratification of the 1990 Protocol which affords greater flexibility in the application of the Convention while remaining focused on the protection of female workers. Finally, the Committee would be grateful to the Government for providing, in accordance with Part V of the report form, up-to-date information concerning the practical application of the Convention, including for instance extracts from reports of inspection services, statistics on the number of workers covered by relevant legislation, the application of the exceptions allowed under the provisions of the Convention, etc.
Part V of the report form. In addition to the information that the Government is supplying to the Committee under the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to provide information on violations of limits placed on the hours of work (Articles 2 and 4 of the Convention) and supplementary hours of work (Article 6), as well as any other information that would highlight practical difficulties related to the application of the working time provisions, as requested in Part V of the report form.
Article 8, paragraph 3, of the Convention. The Committee notes that the new Labour Code, which is supposed to ensure the granting of a compensatory rest period for work carried out on a weekly rest day, is still in preparation. The Committee hopes that the new Labour Code, which the Government announced for several years, will be enacted in the near future in order to give full effect to the provisions of the Convention. It asks the Government to supply a copy of the relevant text to the Office as soon as possible.
The Committee notes the Government’s report.
Article 8, paragraph 3 of the Convention. Referring to its previous observation, the Committee notes with interest the information in the Government’s report that a new Labour Code will soon be adopted and promulgated, which will ensure the granting of a compensatory rest day in addition to supplementary payment of wages in the event of work on a day of weekly rest. The Committee hopes that the new Labour Code will be enacted in the near future in order to give full effect to the provisions of the Convention. It asks the Government to supply a copy of the relevant text to the Office as soon as possible.
The Committee notes the information on the application of Articles 4 and 6, paragraph 2, of the Convention contained in the Government's last report. It also notes the Government's statement that the Convention is applied satisfactorily in practice. In this connection, it asks the Government to supply additional information in its next report, such as extracts of labour inspection reports and any relevant available data or statistics, as requested in Part VI of the report form.
The Committee notes the information contained in the Government's last report concerning Article 7, paragraph 3, and Article 11, paragraph 2, of the Convention. It also notes that the Government indicates the Convention is correctly applied in practice, and would be grateful if the Government would supply further information in its next report, such as extracts from the reports of the inspection services and all available relevant information and statistics, in conformity with Part V of the report form.
Article 8, paragraph 3 of the Convention. For several years, the Committee has been drawing the Government's attention to the need to adopt measures to guarantee compensatory rest to workers who, under certain fixed cases provided for in section 150 of the Labour Code, work on the weekly rest day. In its previous observation, the Committee noted the Government's indication that the Committee's comments were being considered. In its latest report, the Government states that pursuant to the Labour Code, an employer must pay a worker for overtime work and that such compensation imposes a substantial financial burden on the employer, particularly when the worker has worked on the weekly rest day. The Government further explains that this financial burden discourages most employers from requesting workers to work on the weekly day of rest. In this respect, the Committee observes that under Article 8, paragraph 3, of the Convention, the granting of compensatory rest is compulsory in every case of exemption from the weekly rest, regardless of any monetary compensation in the event of work on a weekly rest day. It therefore requests the Government to take the necessary measures to amend section 150 of the Labour Code in such a way as to give full effect to Article 8, paragraph 3, of the Convention. It also requests the Government to keep it informed of any progress achieved in this respect and to supply a copy of the relevant text when it is adopted.
The Government is asked to report in detail in 1996.
1. The Committee notes the information supplied by the Government on the application of Article 4 of the Convention. It takes note of the Government's statement that, since shift work is governed by section 147 of the Labour Code, working hours in establishments where work is carried out in shifts may not exceed eight hours per day or 48 hours per week.
2. With regard to Article 6, paragraph 2, the Committee notes Ministerial Order No. 16 of 18.13.1397 H, of which the Government provided a copy. It notes the Government's explanations concerning the determination of maximum amount of overtime and the information to the effect that recourse is made to such overtime only in exceptional situations where there is a heavy workload and is subject to supervision by the competent labour office, and that, in practice, there has been no abuse of overtime.
3. With reference to its previous comments, the Committee notes with interest the Government's indication that a circular has recently been issued reminding employers that they are required to post working hours in accordance with Article 8, paragraph 1.
4. Lastly, the Committee asks the Government to provide information on the practical effect given to the Convention, particularly Article 4 and Article 6, paragraph 2 including extracts of the reports of the inspectorate and the labour offices, as requested in Part VI of the report form, and any other relevant information or statistics that are available.
Article 7, paragraph 3, of the Convention. See under Convention No. 1 (Article 6, paragraph 2), as follows:
Article 11, paragraph 2. See under Convention No. 1 (Article 8, paragraph 1), as follows:
Article 8, paragraph 3, of the Convention. In earlier comments, the Committee noted that under section 150 of the Labour Code, in certain fixed cases, the employer is not obliged to observe the provisions of section 149, which provides for a weekly rest day on Friday or on a day replacing Friday. In those cases, there is no provision for compensatory rest as required by the Convention. The Committee has noted the statements of the Government to the effect that the Committee's comments were being considered. It hopes the Government will take measures to ensure that, where temporary exemptions from weekly rest day requirements are made, a compensatory day of rest is provided, and that it will provide full information.
The Committee notes the information communicated by the Government in its report. It would be grateful if the Government would furnish additional information on the following points:
Article 4 of the Convention. The Committee refers to its previous direct request in which it noted that the question of working hours in continuous shift work was still under study. Please provide information on any developments there may have been in this connection and indicate whether any ministerial orders have been issued on the basis of section 148 of the Labour Code.
Article 6, paragraph 2. Please communicate a copy of Ministerial Order No. 16 of 18/1/1397 H, which is not available in the Office, and/or any order issued under section 152 of the Labour Code relevant to working hours in the cases contemplated in paragraphs (a), (b) and (c) of this section.
As concerns temporary exceptions, as the Committee has already pointed out in its previous comments, section 150(c) of the Labour Code allows normal working hours to be exceeded by two hours per day to deal with a heavy workload. This limit might imply considerably too many weekly, monthly or annual working hours which, in the Committee's opinion, could be in direct contradiction to the spirit in which this Convention was drafted (see in this connection the Committee's 1967 General Survey on this instrument, International Labour Conference, 51st Session, 1967, Report III (Part 4), third part, paragraph 239). The Committee requests the Government to fix a reasonable annual limit, in conformity with the Convention's objectives and on the basis of what is provided in section 150 of the Labour Code, for cases listed in paragraph (a) of section 150, for recourse to additional hours to deal with an overload of work.
Article 8, paragraph 1. The Committee notes that the Government is examining the possibility of taking measures through regulations to supplement section 9 of the Labour Code and require establishments employing fewer than 20 workers to post working hours as required by this Article of the Convention. It trusts that the Government will soon take the measures necessary to give full effect to this provision of the Convention.
Article 7, paragraph 3, of the Convention. See under Article 6, paragraph 2, of Convention No. 1, as follows:
Article 11, paragraph 2. See under Article 8, paragraph 1, of Convention No. 1, as follows:
Article 8, paragraph 3, of the Convention. With reference to its previous comments, the Committee recalls that under section 150 of the Labour Code, in certain fixed cases, the employer is not obliged to observe the provisions of section 149 which provides for a weekly rest day on Friday or on a day replacing Friday. Consequently, in the event of the exceptions authorised under section 150, no provision guarantees a period of compensatory rest for a worker who has worked during the weekly rest day, as provided for by the Convention.
The Committee notes the Government's statement to the effect that the question will be examined as appropriate. The Committee expresses the hope that following this examination, the Government will take the necessary measures to amend section 150 of the Labour Code in such a way as to give effect to Article 8, paragraph 3 of the Convention.