8.2.4: Employment Policy against Forced Labor, Human Trafficking & Child Labor

King Abdulaziz University abides by the national regulations that are defined and governed by “The Ministry of Human Resources and Social Development” which fights “Human Trafficking” and “Modern Slavery” by stressing the obligation of all employers to the “Commitment to prohibiting forced labor, respecting workers’ human rights and ensuring good treatment”, under the “Employer Obligations” section.

KAU also implements the “Child Protection” (2014), “Anti-harassment Crime” (2018) and the “Abuse Protection” (2013) systems which all contribute to the fight against “forced labor, modern slavery, human trafficking, and child labor”.

KSA signs ILO Convention (No. 29 of 1930): Commitment to Fight Forced Labor and Modern Slavery

KSA is committed to fight forced labor and modern slavery using the different rules and regulations where the obligation falls on higher education institutions not to employ the worker by force or under threat, and this is why the contract is described as a consensual contract between the worker and the employer.

The ILO Convention (No. 29 of 1930) defines a set of rules and regulations that fight human trafficking, forced labor and modern slavery.

Article 1

Each Member of the International Labor Organization which ratifies this Convention undertakes to suppress the use of forced or compulsory labor in all its forms within the shortest possible period.

Article 2

For the purposes of this Convention the term forced or compulsory labor shall mean all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily.

Article 26

Each Member of the International Labor Organization which ratifies this Convention undertakes to apply it to the territories placed under its sovereignty, jurisdiction, protection, suzerainty, tutelage or authority, so far as it has the right to accept obligations affecting matters of internal jurisdiction.

The National Human Anti-trafficking crime system

The United Nations statement known as the Palermo Protocol defines human trafficking as: “Trafficking in persons” shall mean the recruitment, transportation, transfer, harboring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs.

In alignment with the UN’s “Human Anti-Trafficking”, King Abdulaziz University abides by the national regulations that are defined and governed by “The Ministry of Human Resources and Social Development” which fights “Human Trafficking” and defined in detail in the National Human Anti-trafficking crime system and its Guide(2022), under the following sections:

1. Admin Goals

2. Admin Mission

3. Partners (stakeholders)

4. Definition of Human Trafficking

5. Elements of Human Trafficking

6. Types of Human Trafficking

7. Role of Ministry of Labor & Social Development, Inspection Agency and Workplace Development

8. Evidences of Human Trafficking Crimes

9. Forwarding cases from the Ministry to the concerned party

10. The end-2-end process flow of “Human Trafficking” claims

11. Punishments

Saudi labor Law: Forced Labor and Modern Slavery Prevention

The Saudi labor Law (2005) defines a set of rules and regulations on the employer which prevents practicing forced labor and modern slavery. 

Article (58)

The employer may not transfer the worker from his original workplace to another place that entails a change in his place of residence, if such transfer is likely to cause serious harm to the worker and is not justified by the nature of work. (page 24)

Article (59)

A monthly-paid worker may not be reclassified as a daily-paid, a weekly-paid or an hourly-paid worker nor as a worker paid by piecework, unless the worker agrees thereto in writing and without prejudice to the rights he has acquired during the period he spent as a monthly-paid worker. (page 24)

Article (61)

In addition to the duties provided for in this Law and the regulations and decisions issued for its implementation, the employer shall be required to: (page 25)

1. Refrain from using the worker without pay and shall not, without a judicial instrument, withhold the worker’s wages or any part thereof. The employer shall treat his workers with due respect and refrain from any action or utterances that may infringe upon their dignity and religion.

2. Give the workers the time required to exercise their rights as provided for in this Law without any deductions from their wages against such time.

The Child Protection Law: Fighting "No Child Labor" 

KAU implements the “Child Protection System” which supports “no child labor”. This system protects the children, which are under 18 years of age, against all forms of abuse (Physical, Psychological, & Sexual) and neglect and manifestations thereof to which the child may be exposed in the surrounding environment (home, school, neighborhood, public places, welfare and rehabilitation facilities, foster family, public and private institutions or the like) whether committed by a person having guardianship, responsibility or authority over the child or a person related thereto, or by any other person.

The “Executive Regulations of Child Protection Law” (2014) list defines a set of articles to prevent Child Labor.

Article 2

This Law aims to (page 6):

1. Emphasize stipulations of Sharia and applicable laws as well as international conventions to which the Kingdom is party, which protect children’s rights against all forms of abuse and neglect.

2. Protect the child against all forms of abuse and neglect and manifestations thereof to which the child may be exposed in the surrounding environment (home, school, neighborhood, public places, welfare and rehabilitation facilities, foster family, public and private institutions or the like) whether committed by a person having guardianship, responsibility or authority over the child or a person related thereto, or by any other person.

3. Guarantee the rights of abused or neglected children by providing them with necessary care.

4. Raise awareness of children’s rights, especially those related to protection against child abuse and neglect.

Article 6

A child shall have the right to protection against all forms of abuse or neglect. (page 15)

Article 8

Without prejudice to provisions of the Labor Law, a child under the age of 15 may not be employed nor be assigned to activities that may be harmful to his safety or physical or psychological health, nor be used in military activities or armed conflicts. (page 19)

Article 9

A child may not be sexually exploited nor exposed to any form of sexual exploitation, nor shall he be subject to trafficking for purposes of criminal activities or beggary. (page 21)

Article (15)

The Ministry shall, in cooperation with the relevant authorities, take all appropriate preventive measures for Protection from Abuse. To this end, it may, without limitation, do the following (page 13):

15.1 Raise awareness of community members, particularly the most vulnerable to abuse, of the concept of abuse, its seriousness and adverse effects on an individual’s personality as well as stability and solidarity of the community; the necessary measure to prevent abuse and deal with it if occurs; raise awareness of their rights under Sharia or law, intensify family counseling programs, economic, social and psychological empowerment , that help address undesirable social behavior conducive to creating an environment leading to the occurrence of abuse. The Ministry shall cooperate with the relevant authorities to achieve this.

15.2 Support and conduct scientific research and studies relating to protection from abuse. Organize specialized training programs for all persons involved in dealing with abuse cases, including judges, detecting and recording officers, investigation officers, physicians, specialists and other parties related to protection from abuse.

15.3 Monitor, collect and document data and information of abuse - Kingdom wide, coordinate with other parties dealing with abused cases to provide accurate authenticated statistical data on abuse cases to be utilized in devising treatment mechanisms and the conduct of scientific research and studies specialized in the protection from abuse phenomenon.

King Abdulaziz University’s Employment Practices policies (click here).