d. Discrimination with Respect to Employment and Occupation
No regulations prohibit discrimination on the basis of religion, political opinion, national origin or citizenship, sexual orientation or gender identity, language, or HIV-positive status. Gender-based violence and harassment occurred in the world of work (see section 6). Discrimination with respect to employment and occupation occurred in all these categories. There are no effective complaint resolution mechanisms present to deter these discriminatory regulations and practices.
A 2019 amendment to the labor law enacted a general prohibition on discrimination during employment as well as in the terms of recruitment. The amendment mandated that employers treat all workers equally and barred discrimination on the basis of gender, disability, age, or any other forms of discrimination, whether in work, employment, or advertising a vacancy. Women may work without their guardian’s permission, but some employers required women to have such permission, even though the law prohibits the practice. The decree expands previous regulations barring employers from firing female workers on maternity leave and includes protection from dismissal for pregnancy-related illness if the absence is less than 180 days per year. Employers who violate the antidiscrimination law can be fined. The antidiscrimination law only applies to citizens and does not protect the rights of expatriates. There is widespread societal discrimination against African and Asian expatriate workers. The government did not effectively enforce the law, and penalties were not commensurate with those under laws related to civil rights, such as election interference.
In recent years the government decreased the number of restrictions on women’s employment in various sectors (see section 6, Women). On August 26, the Council of Ministers approved two amendments in the labor law removing Articles 149 and 150, which had prohibited employment of women in some hazardous jobs and night shifts. The Ministry of Human Resources and Social Development explicitly approved and encouraged the employment of women in specific sectors, particularly in government and retail, but women continued to face societal discrimination, and in practice gender segregation continued in the workplace. In medical settings and the energy industry, women and men worked together, and in some instances women supervised male employees. Bureaucratic procedures largely restricted women working in the security services to employment in women’s prisons, at women’s universities, and in clerical positions in police stations. There were no women working as judges or as members of the Council of Senior Religious Scholars.
The first-quarter Labor Market Report by the General Authority for Statistics found that Saudi girls and women (15 years of age and older) constituted 8.3 percent of the country’s total labor force (Saudi and non-Saudi, 15 years of age and older). The same report estimated that women and girls, both Saudi and foreign, represented 25.4 percent of all employed persons (15 years of age and older) in the country. Most non-Saudi women were employed as domestic workers.
No regulation requires equal pay for equal work. In the private sector, the average monthly wage of Saudi women workers was 58 percent of the average monthly wage of Saudi men. Labor dispute settlement bodies did not register any cases of discrimination against women.
The law grants women the right to obtain business licenses without the approval of their guardians, and women frequently obtained licenses in fields that might require them to supervise foreign workers, interact with male clients, or deal with government officials. Although it is illegal for a potential employer to ask a female applicant for her guardian’s permission when she applies for a job, some employers required them to prove such permission. Women who work in establishments with 50 or more female employees have the right to maternity leave and childcare.
The country had an increasing number of female diplomats; in March local media reported the number reached 151 in 2019. On August 2, the minister of education appointed the country’s first three women overseas cultural attaches. On August 25, the Ministry of Foreign Affairs appointed Ahlam bint Abdulrahman Yankasar as the director-general of the general department of cultural affairs, the first woman to serve as a director general in the ministry. In February 2019 a royal decree appointed the first female Saudi ambassador.
Bureaucratic procedures largely restricted women working in the security services to employment in women’s prisons, at women’s universities, and in clerical positions in police stations, where they were responsible for visually identifying other women, for example wearing niqabs, for law enforcement purposes. On January 19, the military chief of general staff inaugurated the first women’s wing in the Armed Forces. In October 2019 officials announced that women would be able to join the armed forces in a wide range of positions, including corporals and sergeants. In June, Director of Government Affairs Moaid Mahjoub tweeted a photograph of one of the first female members of a Saudi Royal Guard regiment.
Discrimination with respect to religious beliefs occurred in the workplace. Members of the Shia community complained of discrimination based on their religion and had difficulty securing or being promoted in government positions. They were significantly underrepresented in national security-related positions, including the Ministries of Defense and Interior and the National Guard. In predominantly Shia areas, Shia representation was higher in the ranks of traffic police and employees of municipalities and public schools. A very small number of Shia occupied high-level positions in government-owned companies and government agencies. Shia were also underrepresented in employment in primary, secondary, and higher education.