Labour offices throughout the KSA perform many functions, including regulatory, administrative and social, in addition to their role in resolving labour disputes amicably without having any jurisdiction (judicial authority) in the labour dispute. All such functions aim to provide services related to labour relationships between workers and employers, whether the parties are Saudi citizens or foreigners residing in the KSA.286
Examples of such services provided by Labour Offices in the KSA include assisting Saudi job seekers and considering requests by employers for the recruitment and employment of workers who are non-Saudis, from either outside or inside KSA, giving them work permits and helping employers meet the needs of national workers. Another function is to record workers' data and dealing with inquiries relating to the laws and systems of labour in the
283Ibid art 2/3.
284Ministry of Labour (Saudi Arabia), The Annual Statistical Book for 2013 (16 July 2014) 38 <http://portal.mol.gov.sa/ar/Statistics/Pages/default.aspx?m=8>.
285The first branch of a Women‟s Labour Office in the KSA has been created in 20 February 2005; Ibid.
286Ministry of Labour (Saudi Arabia), The Organizational Structure of the Labour Offices in Regions of the Kingdom (07 May 2009)
<http://portal.mol.gov.sa/ar/AboutMinistry/Pages/%D8%A7%D9%84%D9%87%D9%8A%D9%83%D9%84% D8%A7%D9%84%D8%AA%D9%86%D8%B8%D9%8A%D9%85%D9%8A.aspx>.
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KSA. Also, labour offices inspect work places to ensure that there is no violation by employers in implementing provisions of labour law and they punish those who violate the law according to the penalties provided for in the labour law.
In addition to these functions, Saudi Labour Law grants Labour Offices important roles related to labour disputes as they receive complaints filed by one of the parties of the labour relationship and can do whatever is deemed necessary to settle the dispute amicably,287 In case the labour office cannot settle a labour dispute, for whatever reason, it shall refer the dispute to the PCSLDs. This is done on the basis of Article 220, which stipulates:
Cases shall be filed through the competent Labour Office with the preliminary commissions in whose locality or under whose jurisdiction the place of work falls. Prior to referring the dispute to the Commission, the Labour Office shall take the necessary measures to settle the dispute amicably. The Minister shall issue a decision setting forth the relevant procedures and rules. 288
Saudi Labour Law has granted authority to Labour Offices to make amicable settlements to resolve labour disputes which are similar to some of the legislation and labour laws in GCC countries. For example, in current United Arab Emirates Labour Law Labour Offices are called Panels of Labour, They are administrative branches of the Emirates Labour Ministry and their authority allows them to amicably settle individual and collective labour disputes.289 In addition, Kuwait Labour Law also has given authority to attempt amicable settlement of individual disputes to Labour Offices which are called Labour Panels.290 However, labour panels in Kuwait have no authority in amicable settlement of collective disputes; in Kuwait, the Conciliation Commissions are responsible for settling collective labour disputes.291
On the other side, Egyptian Labour Law gives authority for the amicable settlement of individual disputes not to the labour offices alone but to other authorities, namely trade unions, as well as to employer unions and representatives of the competent administrative authority, while authority for the friendly settlement of collective labour disputes lies with the Mediation Commission.292
Hence, the function of the labour offices in the KSA goes beyond the resolution of disputes. Disputes are only one aspect of the functions. The most important role of Labour Offices in the KSA with regard to labour disputes is to receive labour disputes in addition to trying to make an amicable settlement of the dispute whenever possible before turning a dispute to a CSLDs in the KSA. Moreover, It is arguable that the most negative aspects of Saudi Labour Law in relation to the authority of Labour Offices in the amicable settlement of labour
287Ministry of Labour (Saudi Arabia), The Guide for Migrant Workers in Saudi Arabia (2006)
<http://portal.mol.gov.sa/ar/DocLib1/%D8%A7%D9%84%D8%AF%D9%84%D9%8A%D9%84_%D8%A7% D9%84%D8%A5%D8%B1%D8%B4%D8%A7%D8%AF%D9%8A_%D9%84%D9%84%D8%B9%D9%85% D8%A7%D9%84_%D8%A7%D9%84%D9%88%D8%A7%D9%81%D8%AF%D9%8A%D9%86.pdf>. 288Saudi Labour Law of 2005, above n 44, art 222.
289United Arab Emirates Labour Law, above n 185, art 6 , 155. 290Kuwaiti Labour Law, above n 190, art146.
291
Rizk, above n 277, 574.
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disputes is that they do not include identification of any specific qualifications or experience of staff working in Labour Offices. Specifically, staff members working on inspection panels or the panel of suits need to have knowledge of labour laws.
Chapter 6 of this thesis explains how the procedures and rules of an amicable settlement of disputes through Labour Offices are applied in the KSA.
5.3 CSLDs
CSLDs in the KSA are considered to be the competent judicial authorities to settle all other labour disputes which are subject to the application of the provisions of Saudi Labour Law.293 According to Article 219 of Saudi Labour Law:
Each of these Commissions shall solely have exclusive right to consider all disputes relating to this Law and the disputes arising from work contracts.294
Current Saudi Labour Law has organized CSLDs in a structured and integrated way. In Chapter XIV of the Act, specifically Articles 210 to 223, CSLDs are defined, different types are described, how to set up them is explained and how their members are chosen and how the functional, qualitative and spatial jurisdictions of these Commissions are determined are also explained.295