The National Policy for Promoting Equal Opportunities and Equal Treatment in Employment and Profession in the Kingdom

Introduction

The national policy to promote equal opportunities and equality in treatment in employment and profession in the Kingdom of Saudi Arabia expresses the Kingdom's commitment to making equal opportunities and equality in treatment in employment and profession fundamental pillars in the field of social and economic development for the Kingdom in the future. This commitment was articulated in the Basic Law of Governance - issued by Royal Order No. (A/90) dated 27/8/1412 AH - which stipulates in Article (8) the following: "The governance in the Kingdom of Saudi Arabia is based on justice, consultation, and equality, in accordance with Islamic Sharia." Article (26) states: "The state protects human rights, in accordance with Islamic Sharia." Article (28) also states: "The state facilitates work opportunities for everyone capable of it, and enacts laws that protect the employee and the employer," in accordance with the treaties and agreements to which the Kingdom is a party, including in particular International Labor Convention No. (111) of 1958 concerning discrimination in employment and occupation - approved by Royal Decree No. (M/15) dated 12/3/1398 AH - which stipulates in Article (2) the following: "Each member to whom this Convention applies undertakes to declare and pursue a national policy designed to promote - by means appropriate to national circumstances and traditions - equality of treatment and opportunity in respect of employment and occupation, and to eliminate any discrimination in these areas."
The Kingdom has also introduced amendments to the Labor Law, approved by Royal Decree No. (M/134) dated 27/11/1440 AH, including the amendment of Article (3) to read as follows: "Work is a right for citizens, and no one else may practice it except after fulfilling the conditions stipulated in this law, and citizens are equal in the right to work without any discrimination based on gender, disability, age, or any other form of discrimination, whether during the performance of work or at the time of hiring or advertising for it." Procedures have also been established aimed at enhancing protection against harassment in the workplace, promoting the principle of equal pay for work of equal value, and expanding the scope of maternity protection.

Political Terminology

  • The following terms - wherever they appear in this policy - are defined as follows:

    • 1- Discrimination in Employment and Profession (Inequality in Treatment): Any differentiation, exclusion, or preference based on race, color, gender, national origin, social origin, disability, or age, including discrimination based on social or health status, motherhood, attire, or employees (workers) with family responsibilities, or any other reason for discrimination - whether direct or indirect - that results in the non-application of equal opportunities or inequality in treatment in employment or profession.

    • The following shall not be considered discrimination:

      • A- Any differentiation, exclusion, or preference based on qualifications required for a specific job.

      • B- Discrimination between citizens of the state and citizens of another state.

    • 2- Equality in Treatment in Employment and Profession: Equality during the performance of work or at the time of hiring or announcing it. This includes: working conditions, promotion, wages, training, and others, provided that job opportunities are equal based on merit and qualifications in all aspects of employment and profession.

    • 3- Underprivileged Groups: This refers to persons with disabilities, individuals living in cities, governorates, and centers with low economic growth and areas with high unemployment rates, the elderly, individuals with family responsibilities, whether men or women, or those who have been imprisoned for crimes that are not considered major offenses, or who have suffered from illnesses that caused them to be absent from work (including mental and psychological illnesses, chronic diseases, and others), as well as needy groups served by the Ministry of Human Resources and Social Development.

Scope of Application of the Policy

This policy covers all individuals subject to the provisions of the Civil Service Law and the Labor Law, and includes all government agencies, private sector establishments, and the third sector.

The timeframe for implementing the policy

  • This policy will be applied over a time frame estimated at (ten) years, divided into two phases, each lasting (five) years; to evaluate the results, make adjustments, and expand the scope as necessary, as follows:

    • Phase One: According to the following progression:

      • 1- Announcement of the policy and raising awareness of its concept (during the first year of the policy's approval).

      • 2- Implementation of the policy's objectives (during the first and second years, taking into account priorities).

      • 3- Evaluation of the policy's impact (from the third year to the fifth year of the policy's approval).

    • Phase Two: The five years following Phase One: This phase will be based on the results of the evaluations, based on which the categories and provisions included will be expanded, reduced, or changed.

Objectives of the Policy

  • This policy aims to eliminate any discrimination in employment and profession, and includes three main objectives:

    • First: Developing systems and policies that explicitly define and prevent discrimination and promote equality in treatment in employment and profession, which branches into the following:

      • 1- Developing labor systems and policies:

      • To establish the concept of non-discrimination in employment and profession and ensure the application of the principles of equality and equal opportunities; the policy seeks to develop labor systems to include the following:

        • A- Reviewing the necessary regulatory provisions in the Civil Service Law and the Labor Law and their regulations; to ensure that there is no discrimination in all its aspects and forms.

        • B- Defining effective procedures and means of redress regarding discriminatory practices in employment and profession.

        • C- Continuous review of legislation related to non-discrimination in employment and profession and aligning it with what is stated in the policy.

      • 2- Measuring the impact of non-discrimination legislation in employment and profession:

      • Activating continuous evaluation of non-discrimination legislation in employment and profession and measuring its impact on the labor market through the following:

        • A- Evaluating the comprehensiveness of legislation that protects against discrimination in the labor market, including: organizing equal pay for work of equal value, organizing the work environment to ensure the stability of employees, legislating new work patterns while preserving the rights of employees, maternity protection legislation, as well as the continuous development of social protection systems to ensure their comprehensiveness for all categories of employees, and other emerging legislation.

        • B- Measuring the impact of non-discrimination legislation in employment and profession in terms of enabling underrepresented groups to enter and remain in the labor market.

    • Second: Enhancing the participation of women and underrepresented groups in the labor market:

    • The policy seeks to establish procedures, programs, and initiatives to empower underrepresented groups to enter and remain in the labor market. Due to the low participation of women in the labor market and the high unemployment rate among them, the policy aims to enhance their participation in the labor market, in addition to other underrepresented groups. Accordingly, the following procedures and programs have been identified to contribute to enhancing their participation in the labor market:

      • 1- Conducting a review - in coordination with stakeholders - of all existing programs aimed at empowering women and underrepresented groups, including training programs; to assess their impact, understand success factors, and evaluate the effectiveness of training outputs.

      • 2- Social marketing of related programs and raising awareness regarding the employment of underrepresented groups.

      • 3- Supporting the transition of women and underrepresented groups from education to the labor market, by designing training programs in coordination with employers and training service providers.

      • 4- Supporting the return of women and underrepresented groups to work after a break, through vocational training programs and employment services.

    • Third: Supporting the implementation of the policy with effective procedures:

    • The Ministry of Human Resources and Social Development will monitor and follow up on the implementation of the policy and prepare a framework for monitoring and evaluation, and the ministry will be the reference in case of inquiries or questions from various entities regarding the policy. The ministry will collaborate with relevant entities to establish effective means of redress regarding discriminatory practices in order to receive complaints related to all forms of discrimination in employment and profession. The ministry will work on applying governance to the policy and defining and coordinating roles among relevant government entities and following up on the implementation of the policy by establishing an equality administration with the powers that enable it to perform its role, including:

      • 1- Periodic review of legislation, programs, and any other regulatory provisions related to promoting equal opportunities and equality in treatment in employment and profession, and proposing necessary amendments in accordance with regulatory procedures.

      • 2- Comprehensive study of underrepresented groups and clarifying their employment needs, and proposing new programs based on the results of the studies.

      • 3- Activating effective and comprehensive monitoring, evaluation, and reporting systems to promote equal opportunities and equality in treatment in employment and profession, in addition to defining effective procedures and means of redress regarding discriminatory practices in employment and profession.

      • 4- Implementing national programs and initiatives related to the national policy to promote equal opportunities and equality in treatment in employment and profession in coordination with relevant entities.

      • 5- Enhancing cooperation between employers, employees, and their representatives; to promote equal opportunities and equality in treatment in employment and profession.

      • 6- Evaluating, monitoring, and sustaining the impact of policy activities on employment.

      • 7- Training monitors to detect discriminatory practices of all kinds, and educating establishments, institutions, and employers.

      • 8- Working with relevant entities, including the media, to launch national and regional campaigns aimed at promoting practices of equality and non-discrimination in employment and profession.

Conclusion

The establishment of non-discrimination practices in employment and profession is a long-term dynamic process in which all parties in the labor market contribute to achieving noble goals, namely: justice, equality, and providing decent job opportunities for all members of society, through legislation, regulations, initiatives, and community awareness to reach the noble objectives of this policy, which align with the principles of the tolerant Islamic Sharia and the fundamental systems in the Kingdom of Saudi Arabia.