Diplomats of Asian countries are calling for establishing separate labor courts to hear cases of expatriate workers in Saudi Arabia. Such exclusive labor courts will help hasten resolution of cases that are currently piling up in labor courts, said the diplomats from countries having large numbers of workers in the Kingdom. David Des Dicang, labor attaché of the Philippines, said the problem at present is that workers to go to the labor courts currently under the jurisdiction of the Ministry of Labor have to wait a long time for judgment on their cases. “The waiting period for a single labor case filed by a worker takes months and even years before the decision is rendered,” he said. “And while the case is pending, the worker involved is thrown out in the street without a job, no place to stay, no means of subsistence, and undergoes traumatic and psychological problems.” A partner of a law office in Al-Khobar said establishment of a separate labor court for foreign workers is not on the agenda of the ongoing judicial reforms. “The Saudi labor code makes no distinction between citizens and foreign workers,” the lawyer said. All are treated equally. So far there is no proposal to establish exclusive labor courts that will try foreign workers involved in labor disputes.” One major problem facing expatriates caught in labor disputes is that cases are heard in Arabic, a language many foreign workers neither speak nor understand. Sheikh Mekhlef Bin Daham Al-Shammary, a human rights advocate and member of the Human Rights Commission in the Eastern Province, said the Ministry of Labor must set up and deploy teams of translators to courts to assist in cases involving foreign workers. “These teams must be conversant with the labor and business laws and the culture of foreigners, unlike in the current setup wherein labor judges are ignorant not only of the laws but also the cultures of foreign workers.” He opined that the teams of translators must like jurors hearing both sides of a case. King Abdullah, Custodian of the Two Holy Mosques, had approved major judicial reforms late last year, which include establishing a Saudi Supreme Court and specialized labor and commercial tribunals. Also approved were the setting up of a new Judiciary Law, a Court of Grievances Law and their respective executive by-laws. Prominent Saudi officials and lawyers have said that the judicial reforms would revolutionize the country's justice system and improve the human rights and business environment. The upgraded judicial and legal systems being worked out will replace the existing judiciary regulations which are more than 30 years old and the present board of grievances which is over 25 years, according to the Al-Khobar lawyer. Under the reforms, new labors courts twill take over the functions of labor offices currently operating under the jurisdiction of the Ministry of Labor. These labor offices hear and pass judgment on labor cases involving both Saudis and foreign workers. “Considering that foreign workers face many obstacles in the workplace, including abuse, the idea of establishing an exclusive court to hear foreign workers' cases will hopefully render faster judgment and be welcomed as humanitarian gesture,” Labor Attaché Des Dicang said. __
