Labor Law
Labor Law
Labor Law
LABOR LAW
Royal Decree No. M/51
Sha'ban 1426 / 27 September 2005 23
First Edition
2006
In the name of God
the Compassionate
the Merciful
This translation is
provided for
guidance. The
governing text is the
Arabic text.
PART I
DEFINITIONS AND GENERAL PROVISIONS
Chapter One
Definitions
Article (1):
This law shall be called the Labor Law.
Article (2):
The following terms and phrases, whenever mentioned in this
Law, shall have the meanings expressed next to them, unless the
context requires otherwise:
Worker: Any natural person working for an employer and under his
management or supervision for a wage, even if he is not under his
direct control.
Basic Wage: All that is given to the worker for his work by virtue of
a written or unwritten work contract regardless of the kind of wage
or its method of payment, in addition to periodic increments.
Actual Wage: The basic wage plus all other due increments
decided for the worker for the effort he exerts at work or for risks he
encounters in performing his work, or those decided for the worker
for the work under the work contract or work organization
regulation. This includes:
(1) The commission or percentage from sales or profits paid
against what the worker markets, produces, collects or
realizes from increased or enhanced production.
(2) Allowances the worker is entitled to for exerted effort, or
risks he encounters while performing his job.
(3) Increments that may be granted in accordance with the
standard of living or to meet family expenses.
(4) Grant or reward: What the employer grants to the
worker and what is paid to him for honesty or efficiency and
the like, if such grant or reward is stipulated in the work
contract or the work organization regulation of the firm or if
customarily granted to the extent that the workers consider it
part of the wage rather than a donation.
(5) In rem privileges: what the employer commits himself to
provide to the worker for his work by stating it in the work
contract or the work organization regulation and its estimated
at a maximum of two months basic wage per annum, unless it
is otherwise determined to exceed that in the work contract or
the work organization regulation.
Wage: actual wage.
Chapter Two
General Provisions
Article (3):
Work is the right of every citizen. No one else may exercise such
right unless the conditions provided for in this Law are fulfilled. All
citizens are equal in the right to work.
Article (4):
When implementing the provisions of this Law, the employer and
the worker shall adhere to the provisions of Shari'ah.
Article (5):
The provisions of this Law shall apply to:
(1) Any contract whereby a person commits himself to work
for an employer and under his management or supervision
for a wage.
(2) Workers of the government and public organizations
and institutions including those who work in pastures or
agriculture.
(3) Workers of charitable institutions.
(4) Workers of agricultural and pastoral firms that employ
ten or more workers.
(5) Workers of agricultural firms that process their own
products.
(6) Workers who operate or repair agricultural machineries
on a permanent basis.
(7) Qualification and training contracts with workers other
than those working for the employer within the limits of the
special provisions provided for in this Law.
(8) Part-time workers with respect to safety, occupational
health and work injuries, as well as what is decided by the
Minister.
Article (6):
Incidental, seasonal and temporary workers shall be subject to
the provisions on duties and disciplinary rules, the maximum
working hours, daily and weekly rest intervals, overtime work,
official holidays, safety rules, occupational health, work injuries and
compensation therefore as well as whatever is decided by the
Minister.
Article (7):
The following shall be exempted from the implementation of the
provisions of this Law:
(1)The employer's family members, namely, the spouse, the
ascendants and descendants who constitute the only
workers of the firm.
(2)Domestic helpers and the like.
(3)Sea workers working on board of vessels with a load of less
than five hundred tons.
(4)Agricultural workers other than the categories stated in
Article (5) of this Law.
(5)Non-Saudi workers entering the Kingdom to perform a
specific task for a period not exceeding two months.
(6)Players and coaches of sports clubs and federations.
The Ministry shall, in coordination with the competent authorities,
draft regulations for domestic helpers and the like to govern their
relations with their employers and specify the rights and duties of
each party and submit the same to the Council of Ministers.
Article (8):
Any condition that contradicts the provisions of this Law shall be
deemed null and void. The same applies to any release or
settlement of the worker’s rights arising from this Law during the
validity of the work contract, unless the same is more beneficial to
the worker.
Article (9):
Arabic shall be the language used for data, records, files, work
contracts and the like as provided for in this Law or in any decision
issued in implementation of its provisions as well as the instructions
issued by the employer to his workers.
If the employer uses a foreign language beside Arabic in any of
the mentioned cases, the Arabic text shall prevail.
Article (10):
All periods and schedules provided for in this Law shall be
according to Hegira calendar, unless otherwise stated in the work
contract or the work organization regulation.
Article (11):
(1)If the employer assigns all or part of his original business to a
natural or corporate person, the latter shall give his workers
all the rights and privileges which the original employer gives
to his workers, and both of them shall be jointly and severally
liable.
(2)In case of multiple employers, all of them shall be jointly and
severally responsible for the fulfillment of the obligations
arising from this Law and the work contracts.
Article (12):
Both the employer and the worker shall be familiar with the
provisions of the Labor Law in all its contents so that each of them
shall be aware of his position and of his rights and duties. Any
employer who employs ten or more workers shall submit to the
Ministry, a work organization regulation including internal work
provisions, within a year of the effective date of this Law or from the
date of reaching the quota. Such regulations shall include the work
organization rules and all related provisions including the provisions
related to privileges, violations and disciplinary penalties, not
contradicting the provisions of this Law.
Article (13):
The Ministry shall approve the work organization regulation and
all amendments to it within sixty days from the date of its
submission to the Ministry.
If such period elapses without approval or objection, the
regulation shall be considered effective as of the end of such period.
The employer shall announce the regulation by displaying it in a
prominent location in the firm or by any other means that ensures
the workers’ awareness thereof.
Article (14):
A model(s) work organization regulation shall be issued pursuant
to a decision by the Minister for the guidance of employers.
Article (15):
An employer shall, upon commencement of work in the firm,
notify the competent labor office in writing of the following data:
(1) Name, type and headquarters of the firm, as well as its
mailing address and any information that facilitates contact
therewith.
(2) Line of business for which it is licensed, providing the
number of the Commercial Register or the license, its date
and issuing authority, together with a copy thereof.
(3) Number of workers to be employed in the firm.
(4) Name of the firm’s manager in-charge.
(5) Any other data required by the Ministry.
Article (16):
(1) If the employer is unable to run the business in person,
he shall designate a representative at the workplace. In case
of multiple partners or managers in the firm, one of them,
from among those residing at the place of work, shall be
nominated to represent the employer and be liable for any
violation of the provisions of this Law.
(2) The employer shall notify the competent labor office in
writing of the name of the partner or manager, and, in case of
his replacement, he shall notify the labor office of the name of
the new partner or manager within seven days at most of the
date of the latter’s assuming the job.
(3) In case no manager is appointed to be in charge of the
firm, or if the appointed manager does not assume his duties,
then the person who actually runs the firm or the employer
himself shall be considered the manager in charge of the firm.
In all cases, the employer is ultimately liable.
Article (17):
An employer shall maintain at the workplace records, statements
and files the nature and contents of which shall be specified in the
regulations. He shall display at a prominent location at the
workplace a schedule of working hours, breaks, weekly rest days
and time of start and end of each shift, when operating in shifts.
Article (18):
If the ownership of a firm is transferred to a new owner or a
change takes place in its legal form through merger, partition or
otherwise, the work contracts shall remain in force in both cases
and service shall be deemed continuous. As for workers’ rights
accrued for the period prior to the change such as wages or
unrealized end- of- service award on the date of transfer of
ownership and other rights, the predecessor and the successor shall
be jointly and severally liable. However, in the case of transfer of
ownership of individual firms, for any reason, the predecessor and
the successor may agree to transfer all the previous rights of the
worker to the new owner with the written consent of the worker. If
the worker disapproves, he may request the termination of his
contract and collect his dues from the predecessor.
Article (19):
Amounts due to the worker or his heirs under this Law shall be
deemed first rate privileged debts and the worker and his heirs
shall, for the purpose of settling them, be entitled to a privilege over
all the employer’s properties. In the case of bankruptcy of the
employer or liquidation of his firm, the aforementioned amounts
shall be entered as privileged debts and the worker is paid an
expedited amount equivalent to one month wage prior to payment
of any other expenses including judicial, bankruptcy or liquidation
expenses.
Article (20):
An employer or a worker may not perform any act that may
abuse the provisions of this Law or the decisions or regulations
issued for its implementation. Neither of them may undertake any
act that infringes upon the freedom of the other or the freedom of
other workers or employers to realize any interest or impose a point
of view that conflicts with the freedom of work or the jurisdiction of
the competent authority in charge of settlement of disputes.
Article (21):
The Minister, in implementing the provisions of this Law, shall
coordinate with relevant authorities whenever necessary.
PART II
ORGANIZATION OF RECRUITMENT
Chapter One
Employment Units
Article (22):
The Ministry shall provide employment units, free of charge, at
locations convenient for employers and workers, which shall
undertake the following:
(1) Assisting workers in finding suitable jobs and aiding
employers in recruiting suitable workers.
(2) Gathering necessary information on the labor market
and its developments and analyzing such information to make
it available to various public and private organizations
concerned with economic and social planning affairs.
(3) Performing the following duties:
(3.1) Registration of job seekers.
(3.2) Obtaining data on vacant jobs from employers.
(3.3) Referring workers’ applications to suitable vacant
jobs.
(3.4) Providing advice and assistance to job seekers
with respect to vocational qualification and training or
the required retraining to fill vacancies.
(3.5) Other matters decided by the Ministry.
Article (23):
Every citizen of working age who is capable of and willing to work
may register his name at the employment unit, his date of birth,
qualifications, previous employment, preferences and address.
Article (24):
The regulations shall specify the rules for work progress and
procedures at the employment units, forms of registers, notices and
others used for its work as well as the job classification tables,
according to the official job classification, which shall be the basis
for organization of recruitment.
Article (25):
Every employer shall send the following to the competent labor
office:
(1) A statement of vacant and new jobs, their types,
locations, wages, and qualifications within a period not
exceeding fifteen days from the date of vacancy or creation.
(2) A notice of measures taken to employ the citizens
nominated by the employment unit within seven days from
receiving the nomination letter.
(3) A list of names, jobs, professions, wages, ages,
nationalities of his workers, numbers and dates of work
permits for non- Saudis and other data specified in the
Regulations.
(4) A report on the status, conditions and nature of work
and the anticipated increase or decrease in jobs during the
year following the date of the report.
(5) The statements specified in Paragraphs (3) and (4) of
this Article shall be sent during the month of Muharram every
year.
Article (26):
(1) All firms in all fields, and regardless of number of
workers, shall work to attract and employ Saudis, provide
conditions to keep them on the job and avail them of an
adequate opportunity to prove their suitability for the job by
guiding, training and qualifying them for their assigned jobs.
(2) The percentage of Saudi workers employed by the
employer shall not be less than 75% of the total number of his
workers. The Minister may temporarily reduce this percentage
in case of non-availability of adequate technically or
academically qualified workers or if it is not possible to fill the
vacant jobs with nationals.
Article (27):
The Minister may – when necessary in respect of certain activities
and professions and in some provinces and counties - require
employers not employ workers until they have been registered at
the employment units under the terms and conditions specified
pursuant to his decision.
Chapter Two
Employment of the Disabled
Article (28):
Each employer employing twenty- five workers or more where
the nature of his work allows recruitment of the professionally
disabled shall employ a number of disabled that represents at least
4% of the total number of his workers whether through nomination
by the employment units or otherwise, and he shall send to the
competent labor office a list of the jobs and posts occupied by the
professionally rehabilitated disabled persons and their wages.
Article (29):
If a worker sustains a work injury that results in a loss in his usual
capabilities that does not prevent him from performing another job,
the employer, in whose service the work injury was sustained, shall
employ said worker in a suitable job for the wage specified for such
job. This shall not prejudice the worker's compensation for the
injury.
Chapter Three
Private Offices for Recruitment of Citizens
and Private Offices for Recruitment from Abroad
Article (30):
A natural or corporate person may not engage in the recruitment
of Saudis or in the recruitment of workers from abroad unless
licensed for the same by the Ministry. The Regulations shall
determine the functions of these two types of activities, the
conditions for granting and renewing a license to each of them, the
duties and prohibitions as well as rules for non-renewal or
revocation of the license and the consequences thereof and other
conditions and controls necessary for ensuring the proper conduct
of business.
Article (31):
The Saudi workers to whose employment the recruitment offices
contributed and the workers recruited from abroad on behalf of the
employers shall be deemed workers of the employer and bound to
him by direct contractual relation.
PART III
EMPLOYMENT OF NON-SAUDIS
Article (32):
Recruitment from abroad for the purpose of work may not be
undertaken without the approval of the Ministry.
Article (33):
A non- Saudi may not engage in or be allowed to engage in any
work except after obtaining a work permit from the Ministry,
according to the form prepared by it for this purpose.
The conditions for granting the permit are as follows:
(1) The worker has lawfully entered the country and is
authorized to work.
(2) He possesses the professional and academic
qualifications which the country needs and which are not
possessed by citizens or the available number of such citizens
is insufficient to meet the needs, or that he belongs to the
class of ordinary workers that the country needs.
(3) He has a contract with the employer and is under his
responsibility.
The word "work" in this Article means any industrial, commercial,
agricultural, financial or other work, and any service including
domestic service.
Article (34):
No permit or license required by any other agency for engaging
in a work or a profession may substitute for the said work permit.
Article (35):
Prior to renewing the work permit, it shall be ascertained that
none of the Saudi applicants possesses the required qualifications
and is willing to undertake the same work.
Article (36):
The Minister shall issue a decision specifying the professions and
jobs which are prohibited for non-Saudis.
Article (37):
The work contract for non-Saudis shall be written and of a
specified period. If the contract does not specify the duration, the
duration of the work permit shall be deemed as the duration of the
contract.
Article (38):
An employer may not employ the worker in a profession other
than the one specified in his work permit. Before following the legal
procedures for changing the profession, a worker is prohibited to
engage in a profession other than his.
Article (39):
(1) Unless he has followed the stipulated legal rules and
procedures, an employer may not allow his worker to work for
others, and a worker may not work for other employers.
Similarly, an employer may not employ workers of other
employers.
(2) An employer may not allow a worker to work for his own
account and a worker may not work for his own account.
Article (40):
(1) An employer shall incur the fees pertaining to
recruitment of non-Saudi workers, the fees of the residence
permit (Iqama) and work permit together with their renewal
and the fines resulting from their delay, as well as the fees
pertaining to change of profession, exit and re-entry visas and
return tickets to the worker’s home country at the end of the
relation between the two parties.
(2) A worker shall incur the costs of returning to his home
country if he is unfit for work or if he wishes to return to his
home country without a legitimate reason.
(3) An employer shall bear the fees of transferring the
services of a worker who wishes to transfer his service to him.
(4) An employer shall be responsible for the cost of
preparing the body of a deceased worker and transporting it
to the location where the contract was concluded, or where
the worker was recruited unless the worker is interred in the
Kingdom with the approval of his family. The employer shall
be relieved if the General Organization for Social Insurance
(GOSI) undertakes the same.
Article (41):
The Regulations shall specify the conditions for recruitment from
abroad, transfer of services and change of profession, and the
controls and procedures thereof.
PART IV
TRAINING AND QUALIFICATION
Chapter One
Training and Qualification of the Employer’s Workers
Article (42):
An employer shall be required to prepare his Saudi workers and
enhance their technical, administrative, vocational and other skills
for the purpose of gradually replacing non-Saudis.
The employer shall keep a record showing the names of the Saudi
workers who have replaced the non-Saudis in accordance with the
conditions and rules set forth in the Regulations.
Article (43):
Without prejudice to the conditions set forth in concession and
other agreements relative to training, qualification, education, and
scholarships, every employer employing fifty or more workers shall
annually train, in his business, a number of his Saudi workers not
less than 6% of the total number of his workers. The Minister may
raise this percentage in certain firms pursuant to a decision by him.
Article (44):
The training program shall provide for the rules and conditions to
be followed in training, its duration, number of hours, the theoretical
and practical training programs, method of testing and certificates
to be granted in this regard. The Regulations shall set forth the
general criteria and rules to be followed in this regard to raise the
worker’s level of performance in terms of skills and productivity.
Chapter Two
Qualification and Training Contract
of Workers other than the Employer’s
Article (45):
The training or qualification contract is a contract which commits
the employer to train and qualify a person for a specific profession.
Article (46):
The training or qualification contract shall be in writing, indicating
the profession for which the training is contracted, the duration of
training and successive stages, and the allowance to be paid to the
trainee in each stage, provided that it is not based on piecemeal or
productivity.
Article (47):
The Minister may require the firms, to be identified pursuant to a
decision by him, to accept a certain number or percentage of the
students and graduates of colleges, institutes and centers to receive
training and supplementary practical experience in accordance with
the conditions, circumstances, durations and trainee allowances to
be specified in an agreement to be concluded between the Ministry
and the management of the relevant firm.
Article (48):
The employer may terminate the training or qualification contract
if the trainee, in his opinion, is not amenable to or incapable of
completing the training program in a beneficial manner. The trainee,
his guardian or trustee shall have the same right. The party wishing
to terminate the contract shall notify the other party at least one
week prior to the date of cessation of the training. The employer
may require the trainee to work for him upon completion of the
training period for a period not to exceed twice the duration of the
training or one year, whichever is longer.
Article (49):
The training and qualification contract shall be subject to this
Law’s provisions on annual vacations, official holidays, maximum
working hours, daily and weekly rest periods, occupational health
and safety rules, work injuries and their conditions as well as
whatever is decided by the Minister.
PART V
WORK REALATIONS
Chapter One
Work contract
Article (50):
A work contract is a contract concluded between an employer
and a worker, whereby the latter undertakes to work under the
management or supervision of the former for a wage.
Article (51):
The work contract shall be in duplicates, one copy to be retained
by each of the two parties. However, a contract shall be deemed to
exist even if not written. In this case the worker alone may establish
the contract and his entitlements arising therefrom by all methods
of proof. Either party may at any time demand that the contract be
in writing.
As for workers of the government and public corporations, the
appointment decision or order issued by the competent authority
shall serve as the contract.
Article (52):
The work contract shall primarily include the name of the
employer, venue, the name of the worker, nationality, identification,
wage agreed upon, type and location of work, date of employment,
duration of the contract if fixed, subject to the provisions of Article
37 of this Law.
Article (53):
If the worker is subject to a probation period, the same shall be
expressly stated and clearly indicated in the work contract. Such
probation period shall not exceed ninety days, exclusive of Eid al-
Fitr and Eid al-Adha holidays and sick leaves. Each party shall have
the right to terminate the contract during this period, unless the
contract embodies a clause giving the right to terminate the
contract to only one of them.
Article (54):
A worker may not be placed on probation more than once by the
same employer. As an exception to this, the worker may, with the
approval of the contract parties, be subjected to another probation
period of not more than ninety days on the condition that this period
involves another profession or work. If the contract is terminated
during the probation period, neither party shall be entitled to
compensation nor shall the worker be entitled to an end-of-service
award.
Article (55):
(1) The fixed-term contract shall terminate upon expiration
of its term. If the two parties continue to implement it, it shall
be deemed renewed for an indefinite period of time, subject to
the provisions of Article (37) of this Law for non-Saudi
workers.
(2) If the fixed-term contract incorporates a clause
providing for its renewal for a similar term or a specified term,
the contract shall be renewed for the period agreed upon. If
the contract is renewed for two consecutive terms or if the
original contract term and the renewal period amount to three
years, whichever is less, and the two parties continue to
implement it, the contract shall become an indefinite term
contract.
Article (56):
In all cases where the contract term is renewed for a specific
period of time, the contract renewal period shall be an extension of
the original term in determining the worker’s rights which takes into
account the worker’s period of service.
Article (57):
If the contract involves performance of a specific work, it shall
terminate with the completion of the work agreed upon.
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.
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.
Article (60):
Without prejudice to the provisions of Article (38) of this Law, a
worker may not be assigned duties which are essentially different
from the work agreed upon without his written consent, except in
cases of necessity dictated by transient circumstances and for a
period not exceeding thirty days a year.
Chapter Two
Duties and Disciplinary Rules
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:
(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. He may regulate the exercise
of this right in a manner not detrimental to the work progress.
(3) Facilitate for the employees of the competent
authorities any task related to the enforcement of the
provisions of this Law.
Article (62):
If the worker reports to work on the prescribed time or expresses
his readiness to perform his work at such times but is prevented
from doing so only by a cause which is ascribed to the employer, the
worker shall be entitled to the wage for the period during which no
work is performed.
Article (63):
The employer, his agents, or any person having authority over
the workers shall forbid entry of any illegal substances into the
places of work. Anyone who is found in possession of or consumes
such substance shall be subject to the punishments provided for in
this Law on, without prejudice to the other punishments provided for
in Shari’ah.
Article (64):
Upon expiration of the work contract, the employer shall be
required to:
(1) Give the worker, upon his request and free of charge, a
certificate of work experience, indicating date of his
employment, date of end of work, his profession, and the last
wage received. If the certificate contains any remarks that are
prejudicial to the worker’s reputation or likely to limit his
employment chances, the reasons shall be given.
(2) Return to the worker all certificates and documents he
had submitted.
Article (65):
In addition to the duties provided for in this Law and the
regulations and decisions in implementation thereof, the worker
shall be required to:
(1) Perform the work in accordance with the trade practice
and the employer’s instructions provided that such
instructions do not conflict with the contract, the law or public
morality and that they do not expose him to any undue
hazards.
(2) Take due care of the employer’s machinery, tools,
supplies and raw materials placed at his disposal or in his
custody and return to the employers the unused materials.
(3) Abide by proper conduct and ethical norms during work.
(4) Extend all assistance and help without making it
contingent on additional pay in cases of disasters or hazards
threatening the workplace or the persons working therein.
(5) Undergo, upon the employer’s request, the medical
examinations required prior to or during employment to
ensure that he is free from occupational or communicable
diseases.
(6) Keep confidential the technical, trade and industrial
secrets of the products or which he directly or indirectly
contributed to their production, as well as all trade secrets
related to the work or the firm, the disclosure of which is likely
to cause damage to the employer’s interests.
Article (66):
The disciplinary penalties that the employer may inflict on the
worker:
(1) Warning.
(2) Fines.
(3) Withholding allowance or postponing it for a period not
exceeding one year if prescribed by the employer.
(4) Postponement of promotion for a period not exceeding
one year if prescribed by the employer.
(5) Suspension from work and withholding of wages.
(6) Dismissal from work in cases set forth by the law.
Article (67):
An employer may not inflict on a worker a penalty not provided
for in this Law or in the work organization regulation.
Article (68):
The penalty shall not be made harsher in the event of repeated
violation if one hundred eighty days have elapsed since the previous
violation was committed, calculated from the date the worker is
informed of the penalty for that violation.
Article (69):
A worker may not be accused of any offense discovered after the
elapse of more than thirty days, nor shall he be subjected to a
disciplinary penalty after the elapse of more than thirty days from
conclusion of the investigation and establishment of the worker’s
guilt.
Article (70):
A worker may not be subjected to disciplinary penalty for an act
committed outside the workplace unless such act is related to the
job, the employer or the manager in-charge.
Nor may a worker be fined for a single violation an amount in
excess of a five-day wage, and no more than one penalty shall be
applied for the same violation. No more than a five-day wage shall
be deducted from his wages in one month in payment of fines, or his
suspension from work without pay may not exceed five days a
month.
Article (71):
A disciplinary action may not be imposed on a worker except
after notifying him in writing of the allegations, interrogating him,
hearing his defense and recording the same in minutes to be kept in
his file. The interrogation may be verbal in minor violations the
penalty for which does not go beyond a warning or a deduction of a
one-day salary. This shall be recorded in minutes.
Article (72):
The worker shall be notified in writing of the decision of imposing
the penalty on him. If he refuses to receive the same or if he is
absent, the notice shall be sent to the address shown in his file by
registered mail. The worker may object to the decision of imposing
the penalty upon him within fifteen days, excluding official holidays,
from the date of notifying him of the final decision. The objection
shall be filed with the Commission for the Settlement of Labor
Disputes which shall be required to issue its decision within thirty
days from the date of registering the objection.
Article (73):
Fines imposed on the workers shall be entered in a special
record, showing the worker’s name, his wages, the amount of the
fine, reasons and date of the fine. Such fines may not be disposed of
except for the benefit of the firm’s workers, upon the Ministry’s
approval.
Chapter Three
Termination of Work Contract:
Article (74):
A work contract shall terminate in the following cases:
(1) If both parties agree to terminate it, provided that the
worker’s consent be in writing.
(2) If the term specified in the contract expires, unless the
contract has been explicitly renewed in accordance with the
provisions of this Law in which case it shall remain in force
until the expiry of its term.
(3) At the discretion of either party in indefinite term
contracts.
(4) The worker attains the age of retirement, which is sixty
years for males and fifty five years for females, unless the two
parties agree upon continuing work after this age. The
retirement age may be reduced in cases of early retirement as
provided for in the work organization regulation. If it is a fixed-
term work contract which extends beyond the retirement age,
it shall terminate at the end of its term.
(5) Force majeure.
The provisions of Paragraph (4) of this Article shall apply two
years after this Law enters into force.
Article (75):
If the contract is of an indefinite term, either party may terminate
it for a valid reason to be specified in a written notice to be served
to the other party at least thirty days prior to the termination date if
the worker is paid monthly and not less than fifteen days for others.
Article (76):
If the party terminating the contract does not observe the period
provided for in Article (75) of this Law, such party shall be required
to pay the other party compensation equal to the worker’s wage for
the duration of the notice or the balance thereof. The last wage
received by the worker shall serve as the basis for estimating the
compensation for workers who are paid by the time frame criterion.
For workers who are paid by another criterion, the estimation shall
take into account the provisions of Article (96) of this Law.
Article (77):
If the contract is terminated for an invalid reason, the party who
is harmed by such termination shall be entitled to indemnity to be
assessed by the Commission for the Settlement of Labor Disputes,
taking into account the termination circumstances and actual and
potential material and moral damages sustained.
Article (78):
A worker who has been dismissed from work without valid reason
may demand reinstatement. Such claims shall be considered in
accordance with the provisions of this Law and the Litigation
Regulations before the Commissions for the Settlement of Labor
Disputes.
Article (79):
A work contract shall not expire by the death of the employer
unless his person has been taken into consideration in concluding
the contract, but shall expire with the death or incapacity of the
worker in accordance with a medical report approved by the
competent health authority or the authorized physician designated
by the employer.
Article (80):
An employer may not terminate the contract without an award,
advance notice or indemnity except in the following cases, and
provided that he gives the worker a chance to state his reasons for
objecting to the termination:
(1) If, during or by reason of the work, the worker assaults
the employer, the manager in-charge or any of his superiors.
(2) If the worker fails to perform his essential obligations
arising from the work contract, or to obey legitimate orders, or
if, in spite of written warnings, he deliberately fails to observe
the instructions related to the safety of work and workers as
may be posted by the employer in a prominent place.
(3) If it is established that the worker has committed a
misconduct or an act infringing on honesty or integrity.
(4) If the worker deliberately commits any act or default
with the intent to cause material loss to the employer,
provided that the latter shall report the incident to the
appropriate authorities within twenty-four hours from being
aware of such occurrence.
(5) If the worker resorts to forgery in order to obtain the job.
(6) If the worker is hired on probation.
(7) If the worker is absent without valid reason for more
than twenty days in one year or for more than ten consecutive
days, provided that the dismissal be preceded by a written
warning from the employer to the worker if the latter is absent
for ten days in the first case and for five days in the second.
(8) If the worker unlawfully takes advantage of his position
for personal gain.
(9) If the worker discloses work- related industrial or
commercial secrets.
Article (81):
Without prejudice to all of his statutory rights, a worker may
leave his job without notice in any of the following cases:
(1) If the employer fails to fulfill his essential contractual or
statutory obligations towards the worker.
(2) If the employer or his representative resorts to fraud at
the time of contracting with respect to the work conditions
and circumstances.
(3) If the employer assigns the worker, without his consent,
to perform a work which is essentially different from the work
agreed upon and in violation of provisions of Article (60) of
this Law.
(4) If the employer, a family member or the manager in-
charge commits a violent assault or an immoral act against
the worker or any of his family members.
(5) If the treatment by the employer or the manager in-
charge is characterized by cruelty, injustice or insult.
(6) If there exists in the workplace a serious hazard
threatening the safety or health of the worker, provided that
the employer is aware thereof but fails to take measures
indicating its removal.
(7) If the employer or his representative, through his
actions and particularly his unjust treatment or violation of the
terms of the contract, has caused the worker to appear as the
party terminating the contract.
Article (82):
An employer may not terminate the worker’s services on account
of illness prior to availing him of the period designated for sick leave
as provided for in this Law. The worker may request that his sick
leave be combined with his annual leave.
Article (83):
If the work assigned to the worker allows him to get acquainted
with the employer’s customers, or to have access to his business
secrets, the employer may require the worker in the contract not to
compete with him or reveal his secrets upon expiration of the
contract. For this condition to be valid, it shall be in writing and
specific in terms of time, place and type of work and to the extent
required to protect the legitimate interests of the employer. In all
cases, the duration of such agreement shall not exceed two years
from the date of termination of the relationship between the two
parties.
Chapter Four
End-of-Service Award
Article (84):
Upon the end of the work relation, the employer shall pay the
worker an end-of-service award of a half-month wage for each of the
first five years and a one-month wage for each of the following
years. The end-of-service award shall be calculated on the basis of
the last wage and the worker shall be entitled to an end-of-service
award for the portions of the year in proportion to the time spent on
the job.
Article (85):
If the work relation ends due to the worker’s resignation, he shall,
in this case, be entitled to one third of the award after a service of
not less than two consecutive years and not more than five years, to
two thirds if his service is in excess of five successive years but less
than ten years and to the full award if his service amounts to ten or
more years.
Article (86):
As an exception to the provision of Article (8) of this Law, it may
be agreed that the wage used as a basis for calculating the end-of-
service award does not include all or some of the commissions,
sales percentages, and similar wage components paid to the worker
which are by their nature subject to increase or decrease.
Article (87):
As an exception to the provisions of Article (85) of this Law, the
worker shall be entitled to the full award if he leaves the work due
to a force majeure beyond his control. A female worker shall
likewise be entitled to the full award if she ends her contract within
six months from the date of her marriage or three months from the
date of giving birth.
Article (88):
Upon the end of the worker’s service, the employer shall pay his
wages and settle his entitlements within a maximum period of one
week from the date of the end of the contractual relation. If the
worker ends the contract, the employer shall settle all his
entitlements within a period not exceeding two weeks. The
employer may deduct any work-related debt due to him from the
worker’s entitlements.
PART VI
WORK CONDITIONS AND CIRCUMSTANCES
Chapter One
Wages
Article (89):
The Council of Ministers may, when necessary and upon a
proposal by the Minister, set a minimum wage.
Article (90):
(1) The worker’s wages and all other entitlements shall be
paid in the Country’s official currency. Wages shall be paid
during working hours and at the workplace in accordance with
the following provisions:
(1.1) Workers paid on a daily basis shall be paid at least
once a week.
(1.2) Workers paid on a monthly basis shall be paid
once a month.
(1.3) If the work is done by the piece and requires a
period of more than two weeks, the worker shall receive
a payment each week commensurate with the
completed portion of the work. The balance of the wage
shall be paid in full during the week following delivery of
the work.
(1.4) In cases other than the above, the worker’s wages
shall be paid at least once a week.
(2) Wages may be paid through accredited banks in the
Kingdom, with the consent of the worker, provided that their
due dates do not exceed the dates specified above.
Article (91):
(1) If the worker, as a result of his own fault or violation of
the employer’s instructions and not as a result of a third
party’s fault or a force majeure, causes loss, damage or
destruction to machineries or products owned by the
employer while in his custody, the employer may deduct from
the worker’s wage the amount necessary for repair or
restoration to the original condition, provided that such
deductions do not exceed a five-day wage per month. The
employer may file a grievance, if necessary, demanding more
deductions if the worker has other properties from which
collections may be made. The worker may file a grievance
with the Commission for the Settlement of Labor Disputes
regarding the allegations leveled at him or the employer’s
estimation of the damages. If the Commission rules that the
employer is not entitled to claim such deductions or if it
awards the employer a lower amount, the employer shall
return to the worker the amounts unjustifiably deducted,
within seven days from the date of the award.
(2) Either party shall file its grievance within fifteen work
days; otherwise, it shall forfeit his right thereto. For the
employer, the date of filing the grievance shall be from the
date the occurrence is discovered, and for the worker from the
date of his notification of the same by the employer.
Article (92):
No amount shall be deducted from the worker’s wages against
private rights without his written consent, except in the following
cases:
(1) Repayment of loans extended by the employer,
provided that such deductions do not exceed 10% of his wage.
(2) Social insurance or any other contributions due on the
workers as provided for by law.
(3) Worker’s contributions to thrift funds or loans due to
such funds.
(4) Installments of any scheme undertaken by the employer
involving home ownership programs or any other privilege.
(5) Fines imposed on the worker on account of violations
committed, as well as deductions made for damages caused.
(6) Any debt collected in implementation of a judicial
judgment, provided that the monthly deduction shall not
exceed one quarter of the worker‘s wage, unless the judgment
provides otherwise.
First to be collected is alimony, followed by food, clothing and
accommodation debts, before other debts.
Article (93):
In all cases, deductions made may not exceed half the worker’s
due wage, unless the Commission for the Settlement of Labor
Disputes determines that further deductions can be made or that
the worker is in need of more than half his wage. In the latter case,
the worker may not be given more than three quarters of his wage.
Article (94):
(1) If any amount is deducted from the worker’s wages for
reasons other than those specified in this Law without his
written consent, or if the employer delays, without a valid
justification, payment of the worker’s wages beyond the due
date set forth in the Law, the worker, his representative or the
head of the competent Labor Office may submit a request to
the Commission for the Settlement of Labor Disputes to order
the employer to return to the worker any wrongfully-deducted
amounts or to pay him his outstanding wages.
(2) The said Commission may, if it establishes that the
employer has unjustifiably deducted the said amounts or
delayed the payment of the wages, impose on the employer a
fine not exceeding twice the amount deducted from the
worker’s wage or twice the outstanding wages.
Article (95):
(1) If the work contract or the work organization regulation
does not provide for the wage binding on the employer, the
wage estimated for the same type of work in the firm, if any,
shall be adopted; otherwise, the wage shall be estimated in
accordance with the profession’s norms at the place where
the work is performed. In the absence of such norms, the
Commission for Settlement of Labor Disputes shall estimate
the wage in accordance with the dictates of justice.
(2) The same shall also apply in determining the type and
scope of the service that the worker is required to render.
Article (96):
(1) If the worker’s wage is determined on the basis of
piecework or productivity, the average wage which the worker
receives for his actual workdays during the last year of his
service shall be used as the basis for calculating any
entitlements determined for the worker under this Law.
(2) If the entire wage is the amounts received as
commissions, a percentage of sales or the like which are by
nature subject to increases or decreases, the daily average
wage shall be calculated on the basis of the amounts the
worker receives for the actual work days, divided by them.
Article (97):
If a worker is detained or taken into custody by the competent
authorities in cases related to work or occasioned by it, the
employer shall continue to pay the worker 50% of the wage until the
case is decided, provided that the period of detention or custody
shall not exceed one hundred eighty days. If said period exceeds
that, the employer shall not be required to pay any portion of the
wage for the excess period. If the worker is acquitted or the
investigation is closed for lack of evidence or invalidity thereof, the
employer shall return to the worker the amount previously deducted
from his wage. However, if he is convicted, none of the payments
made shall be recovered unless the judgment provides otherwise.
Chapter Two
Working Hours
Article (98):
A worker may not actually work for more than eight hours a day
if the employer uses the daily work criterion, or more than forty-
eight hours a week if he uses the weekly criterion. During the month
of Ramadan, the actual working hours for Muslims shall be reduced
to a maximum of six hours a day or thirty-six hours a week.
Article (99):
The number of working hours provided for in Article (98) of this
Law may be raised to nine hours a day for certain categories of
workers or in certain industries and jobs where the worker does not
work continuously. It may likewise be reduced to seven hours a day
for certain categories of workers or in certain hazardous or harmful
industries or jobs. Categories of workers, industries and jobs
referred to shall be determined pursuant to a decision by the
Minister.
Article (100):
In firms where work is done in shifts, an employer may, with the
Ministry’s approval, increase the number of working hours to more
than eight hours a day or forty eight hours a week, provided that
the average working hours in three weeks time shall not be more or
less than eight hours a day or forty eight hours a week.
Chapter Three
Rest Periods and Weekly Rest Days
Article (101):
Working hours and rest periods during the day shall be scheduled
so that no worker shall work for more than five consecutive hours
without a break of no less than thirty minutes each time during the
total working hours for rest, prayer and meals, provided that a
worker shall not remain at the workplace for more than eleven
hours a day.
Article (102):
The periods designated for rest, prayers and meals shall not be
included in the actual working hours. During such periods, the
worker shall not be under the employer’s authority. The employer
shall not require the worker to remain at the workplace during such
breaks.
Article (103):
The Minister may specify, pursuant to a decision by him, the
cases and jobs where work shall, for technical reasons or
operational conditions, continue without breaks. In such cases and
jobs, the employer shall allow prayer, meal and rest periods to be
scheduled during working hours by the management of the firm.
Article (104):
(1) Friday shall be the weekly rest day for all workers.
After proper notification of the competent labor office, the
employer may replace this day for some of his workers by any
other day of the week. The employer shall allow the workers
to perform their religious obligations. The weekly rest day may
not be compensated by cash.
(2) The weekly rest day shall be at full pay and shall not be
less than twenty-four consecutive hours.
Article (105):
As an exception to the provisions of Article (104) of this Law, in
remote areas and in jobs where the nature of work and operational
conditions require continuous work, weekly rest periods accruing to
the worker may be consolidated for up to eight weeks if the
employer and the workers agree to that effect, subject to the
Ministry’s approval. In calculating the consolidated weekly rest
periods, it shall be taken into consideration that said periods begin
at the hour the workers arrive at the nearest city with transportation
services and end at the hour the workers return to it.
Article (106):
An employer may not comply with the provisions of Articles (98),
(101) and Paragraph (1) of Article (104) of this Law, in the following
cases:
(1) Annual inventory activities, preparation of the budget,
liquidation, closing of accounts and preparations for discount
and seasonal sales, provided that the number of days during
which the workers work shall not exceed thirty days a year.
(2) If the work is intended to prevent a hazardous accident,
remedy its impact or avoid an imminent loss of perishable
materials.
(3) If the work is intended to meet unusual work pressure.
(4) Eids, other seasons, occasions and seasonal activities
specified pursuant to a decision by the Minister.
In all of the above cases, the actual working hours shall not
exceed ten hours a day or sixty hours a week. The maximum
overtime hours allowed per year shall be determined by a decision
of the Minister.
Article (107):
(1) The employer shall pay the worker for overtime working
hours an additional amount equal to the hourly wage plus
50% of his basic wage.
(2) If the firm is operated on the basis of weekly working
hours, the hours in excess of the hours taken as the criterion
shall be deemed overtime hours.
(3) All working hours performed during holidays and Eids
shall be deemed overtime hours.
Article (108):
The provisions of Articles (98) and (101) of this Law shall not
apply to the following cases:
(1) Persons occupying high positions of authority in
management and policy, if such positions grant the persons
occupying them authority over workers.
(2) Preparatory or supplemental works which must be
completed before or after commencement of work.
(3) Work that is intermittent by necessity.
(4) Guards and janitors, excluding civil security guards.
The Regulations shall specify the jobs listed under paragraphs
(2), (3) and (4) of this Article and their maximum working hours.
Chapter Four
Leaves
Article (109):
(1) A worker shall be entitled to a prepaid annual leave of
not less than twenty one days, to be increased to a period of
not less than thirty days if the worker spends five consecutive
years in the service of the employer.
(2) A worker shall enjoy his leave in the year it is due. He
may not forgo it or receive cash in lieu during his period of
service. The employer may set the dates of such leave
according to work requirements or may grant them in rotation
to ensure smooth progress of work. The employer shall notify
the worker of the date of his leave in sufficient time of not less
than thirty days.
Article (110):
(1) A worker may, with the employer’s approval, postpone
his annual leave or days thereof to the following year.
(2) An employer may postpone, for a period of not more
than ninety days, the worker’s leave after the end of the year
it is due if required by work conditions. If work conditions
require extension of the postponement, the worker’s consent
must be obtained in writing. Such postponement shall not,
however, exceed the end of the year following the year the
leave is due.
Article (111):
A worker shall be entitled to a wage for the accrued days of the
leave if he leaves the work without using such leave. This applies to
the period of work for which he has not used his leave. He is also
entitled to a leave pay for the parts of the year in proportion to the
part he spent at work.
Article (112):
Each worker shall be entitled to full-pay leave on Eids and
occasions specified in the Regulations.
Article (113):
A worker shall be entitled to one day of paid leave in the case of
childbirth and three days for marriage or in the case of the death of
a spouse or one of his ascendants and descendants.
The employer may request supporting documents for cases
referred to.
Article (114):
A worker shall be entitled to a paid leave of not less than ten
days and not more than fifteen days, including Eid Al-Adha holiday,
to perform Hajj only once during his service if he has not performed
it before. To be eligible for this leave, the worker must have spent at
least two consecutive years of service with the employer. The
employer may determine the number of workers who shall be given
this leave annually in accordance with work requirements.
Article (115):
A worker enrolled in an educational institution shall have the
right to a fully paid leave to sit for an examination of an unrepeated
year. Days of leave shall be based on the actual number of the
examination days. However, for the examinations of a repeated
year, the worker shall be entitled to unpaid leave to sit for the
examinations. The employer may require the worker to submit
documents in support of the leave application as well as proof of
having taken the examination. The worker shall apply for the leave
at least fifteen days ahead of the due date. Without prejudice to
disciplinary action, the worker shall be denied the wage if it is
proven that he had not taken the examination.
Article (116):
A worker, subject to the employer’s approval, may obtain leave
without pay for a duration to be agreed upon by the two parties. The
work contract shall be deemed suspended for the duration of the
leave in excess of twenty days, unless both parties agree otherwise.
Article (117):
A worker whose illness has been proven shall be eligible for a
paid sick leave for the first thirty days, three quarters of the wage
for the next sixty days and without pay for the following thirty days,
during a single year, whether such leaves are continuous or
intermittent.
A single year shall mean the year which begins from the date of
the first sick leave.
Article (118):
A worker may not work for another employer, while enjoying any
of his leaves provided for in this Chapter. If the employer proves
that the worker has violated this provision, he may deprive him of
his wages for the duration of the leave or recover any wages
previously paid to him.
PART VII
PART-TIME WORK
Article (119):
Full-time workers who are affected by a collective temporary
reduction in their normal working hours for economic, technical or
structural reasons shall not be considered part-time workers.
Article (120):
The Minister shall issue the necessary rules and controls for
organizing part-time work, indicating therein the obligations of the
part-time workers and employers. To the exclusion of the protection
extended to the similar full-time workers in terms of occupational
health and safety and work injuries, the provisions of this Law shall
apply only to the extent determined by the Minister.
PART VIII
PROTECTION AGAINST OCCUPATIONAL HAZARDS,
MAJOR INDUSTRIAL ACCIDENTS AND WORK INJURIES,
AND HEALTH AND SOCIAL SERVICES
Chapter One
Protection Against Occupational Hazards
Article (121):
An employer shall maintain the firm in a clean and hygienic
condition. He shall provide lighting, supply potable and washing
water and comply with other rules, measures and standards of
occupational protection, health and safety in accordance with what
is specified in the Minister’s decision.
Article (122):
An employer shall take the necessary precautions to protect the
workers against hazards, occupational diseases, the machinery in
use, and shall ensure work safety and protection. He shall post in a
prominent place in the firm the instructions related to work and
workers safety in Arabic and, when necessary, in any other
language that the workers understand. The employer may not
charge the workers or deduct from their wages any amounts for the
provision of such protection.
Article (123):
An employer shall inform the worker, prior to engaging in the
work, of the hazards of his job and shall require him to use the
prescribed protective equipment. The employer shall supply the
workers with the appropriate personal gear and train them on their
use.
Article (124):
A worker shall use and preserve the personal protective
equipment designated for each process and shall carry out the
instructions established to protect his health against injuries and
diseases. He shall refrain from any action or omission that may lead
to failure to implement the instructions, misuse or impair the
devices provided to protect the workplace as well as the health and
safety of fellow workers.
Article (125):
An employer shall take necessary precautions for protection
against fire and provide the technical means to combat it, including
safety exits which shall be maintained in working condition at all
times. He shall post in a prominent location in the workplace
detailed instructions for fire prevention devices.
Article (126):
An employer shall be responsible for emergencies and accidents
which may affect persons, other than his workers, who enter the
workplaces by virtue of their official duties or with the approval of
the employer or his agents, if such emergencies and accidents are
due to negligence in taking the technical precautions required by
the nature of his work, and he shall compensate them for damage
and harm they may sustain in accordance with the general laws.
Chapter Two
Protection Against Major Industrial Accidents
Article (127):
The provisions of this Chapter shall apply to high risk firms.
Article (128):
1- The term “high risk firm” shall mean the firm which
produces, prepares, disposes of, handles, uses or stores, on a
permanent or temporary basis, one or more hazardous
substances, or categories of these substances in quantities
that exceed allowable limits the exceeding of which results in
listing the firm among the high risk firms.
2- The term “hazardous substance” shall mean any
material or a mixture of substances that constitutes a hazard
on account of its chemical, physical or toxic properties either
alone or in combination with other substances.
3- The term “major accident” shall mean any sudden
occurrence such as a major leak, fire or explosion in the
course of an activity within the high risk firm and which
involves one or more hazardous substances posing a great
immediate or potential danger to the workers, the public or
the environment.
Article (129):
The Ministry shall establish controls to identify the high risk firms
according to the hazardous materials list, their categories or both.
Article (130):
The employers shall coordinate with the Ministry to determine
the status of their firms on the basis of the controls referred to in
Article (129) of this Law.
Article (131):
The Minister shall issue the regulations and decisions embodying
the necessary arrangements at firm level for protection against
major hazards, related duties of the employers, arrangements for
protecting the public and the environment outside the site of each
high risk firm, the worker’s rights and duties, and other measures
necessary to prevent major accidents, minimize their the risks of
their occurrence and mitigate their impacts.
Chapter Three
Work Injuries
Article (132):
The provisions of this Chapter shall not apply to the firms subject
to the Occupational Hazards Branch of the Social Insurance Law.
Article (133):
If a worker sustains a work injury or an occupational disease, the
employer shall be required to treat him and assume directly or
indirectly all necessary expenses, including hospitalization, medical
examinations and tests, radiology, prosthetic devices and
transportation expenses to treatment centers.
Article (134):
An injury shall be deemed a work injury in accordance with the
provisions of the Social Insurance Law. Occupational diseases shall
also be considered work injuries and the date of the first medical
diagnosis of the disease shall be treated tantamount to the date of
injury.
Article (135):
Any relapse or complication arising from an injury shall be
deemed an injury and shall be treated as such in terms of aid and
treatment.
Article (136):
Occupational diseases shall be determined in accordance with
the Occupational Diseases Schedule provided for in the Social
Insurance Law. Degree of total or partial disability shall be
determined according to the Disability Percentage Guide provided
for in the said Law.
Article (137):
In the case of temporary disability arising from work injury, the
injured party shall be entitled to financial aid equal to his full wage
for thirty days, then 75% of the wage for the entire duration of his
treatment. If one year elapses or it is medically determined that the
injured party’s chances of recovery are improbable or that he is not
physically fit to work, his injury shall be deemed total disability. The
contract shall be terminated and the worker shall be compensated
for the injury. The employer may not recover the payments made to
the injured worker during that year.
Article (138):
If an injury results in a permanent total disability or the death of
the injured person, the injured person or his eligible beneficiaries
shall be entitled to a compensation equal to his wages for three
years, with a minimum of fifty four thousand riyals.
If the injury results in a permanent partial disability, the injured
person shall be entitled to a compensation equal to the percentage
of the estimated disability in accordance with the approved
disability percentage guide schedule multiplied by the amount of
compensation for the permanent total disability.
Article (139):
An employer shall not be required to comply with the provisions
of Articles (133), (137) and (138) of this Law if any of the following is
established:
(1) If a worker deliberately injures himself.
(2) If an injury is caused by intentional misconduct on the
part of the worker.
(3) If a worker refuses to be examined by a physician or
refuses to accept treatment by the physician designated by
the employer without a valid reason.
Article (140):
Liability of previous employers of a worker suffering from an
occupational disease shall be determined in light of the medical
report of the attending physician. Previous employers shall be
required to pay the compensation provided for in Article (138) of
this Law, each in proportion to the period such worker has spent in
his service, provided that the industries or occupations they engage
in cause the disease the worker suffers from.
Article (141):
The procedures for reporting work injuries shall be determined
pursuant to a decision by the Minister.
Chapter Four
Medical and Social Services
Article (142):
An employer shall make available one or more medical aid
cabinets, supplied with drugs and other necessities required for first
aid.
The Regulations shall specify the contents of such cabinets of
first aid means, numbers of such means and quantities of drugs and
shall also regulate the method of keeping them and the conditions
and requirements to be satisfied by first aid providers.
Article (143):
An employer shall assign one or more physicians to provide, at
least once a year, a comprehensive medical examination for his
workers who are exposed to any of the occupational diseases listed
in the Schedules of Occupational Diseases provided for in the Social
Insurance Law. The findings of the examination shall be kept in the
employer’s records as well as in the workers’ files.
Article (144):
An employer shall provide his workers with preventive and
therapeutic health care in accordance with the standards set forth
by the Minister, taking into consideration whatever is provided for
by the Cooperative Health Insurance Law.
Article (145):
An employer may, subject to the Minister’s approval, set up a
saving and thrift fund provided that the workers’ contribution is
optional. The provisions regulating the operations of such funds
shall be made public.
Article (146):
An employer shall provide at his own expense all or some of the
following, as may be determined by the Minister, to those who work
in remote locations:
(1) Stores for selling food, clothing and other necessities at
moderate prices in places where such stores are not available.
(2) Suitable recreational and educational services and
sports facilities annexed to the workplaces.
(3) Necessary medical arrangements to protect the
workers’ health and provide comprehensive treatment for
their families (family shall mean spouse, children and parents
residing with the worker).
(4) Schools for the workers’ children in the absence of
sufficient schools in the area.
(5) Mosques or prayer areas at the workplaces.
(6) Literacy programs for the workers.
The Regulations shall specify the remote locations.
Article (147):
An employer operating in remote locations, mines, quarries and
oil exploration centers shall provide his workers with
accommodation, camps and meals.
The Minister shall determine, pursuant to a decision by him, the
conditions and specifications of the accommodations and camps as
well as the charges for the accommodations, the number of meals,
quantities and kinds of food and related conditions, cost of meals to
the worker and any other requirements necessary for the workers’
health.
Article (148):
An employer shall provide means for transporting his workers
from their place of residence or from a certain gathering point to the
places of work and bring them back daily, if the places of work are
not served by regular means of transportation at times compatible
with the working hours.
PART IX
EMPLOYMENT OF WOMEN
Article (149):
Taking into consideration the provisions of Article (4) of this Law,
women shall work in all fields suitable to their nature. It is prohibited
to employ women in hazardous jobs or industries. The Minister
pursuant to a decision by him shall determine the professions and
jobs that are deemed detrimental to health and are likely to expose
women to specific risks; in which cases, women’s employment shall
be prohibited or restricted under certain terms.
Article (150):
Women may not work during a period of night the duration of
which is not less than eleven consecutive hours, except in cases
determined pursuant to a decision by the Minister.
Article (151):
A female worker shall be entitled to a maternity leave for the four
weeks immediately preceding the expected date of delivery and the
subsequent six weeks. The probable date of delivery shall be
determined by the physician of the firm or pursuant to a medical
report certified by a health authority. A woman may not work during
the six weeks immediately following delivery.
Article (152):
During the maternity leave, an employer shall pay the female
worker half her wage if she has been in his service for one year or
more, and a full wage if she has served for three years or more as of
the date of commencement of such leave. A female worker shall not
be paid any wages during her regular annual leave if she has
enjoyed in the same year a maternity leave with full wage. She shall
be paid half her wage during the annual leave if she has enjoyed in
the same year a maternity leave at half wage.
Article (153):
An employer shall provide medical care for female workers
during pregnancy and delivery.
Article (154):
When a female worker returns to work following a maternity
leave, she shall be entitled, in addition to the rest periods granted to
all workers, to a rest period or periods not exceeding in aggregate
one hour a day for nursing her infant. Such period or periods shall
be calculated as part of the actual working hours and shall not entail
any reduction in wages.
Article (155):
An employer may not terminate the employment of a female
worker or give her a warning of the same while on maternity leave.
Article (156):
An employer may not terminate the employment of a female
worker during illness resulting from pregnancy or delivery, and such
illness shall be established by a certified medical report, provided
that the period of her absence does not exceed one hundred and
eighty days. The employment of such female worker may not be
terminated during the one hundred and eighty days preceding the
expected date of delivery in the absence of one of the legitimate
causes provided for in this Law.
Article (157):
A female worker shall forfeit her entitlements under the
provisions of this Part if she works for another employer during her
authorized leave. In such event, the original employer may deprive
her of her wage for the duration of the leave or recover any
payments made to her.
Article (158):
In all occupations and places where women are employed, the
employer shall provide them with seats for resting.
Article (159):
(1) An employer who employs fifty female workers and
more shall provide them with a suitable place with adequate
number of babysitters to look after the children under the age
of six years, if the number of children reaches ten and more.
(2) The Minister may require the employer who employs a
hundred women and more in a single city to set up a nursery,
either on his own or in conjunction with other employers in the
same city, or alternatively to contract with an existing nursery
to care for the children of the female workers who are under
six years of age during the work periods. In such case, the
Minister shall set forth the terms and conditions regulating
such facility as well as the charges imposed on the female
workers benefiting from service.
Article (160):
A female worker whose husband passes away shall be entitled to
a fully paid leave for a minimum period of fifteen days as of the date
of death.
PART X
EMPLOYMENT OF MINORS
Article (161):
Minors may not be employed in hazardous jobs or harmful
industries or in occupations or jobs that may endanger their health,
safety or morals due to the nature or conditions of the same. A
Minister’s decision shall specify such jobs, industries and
occupations.
Article (162):
(1) Any person under the age of fifteen years may not be
employed or allowed to enter places of work. The Minister
may, pursuant to a decision by him, raise this age limit in
certain industries or areas or for certain categories of minors.
(2) As an exception to Paragraph (1) of this Article, the
Minister may allow the employment or work of persons
between 13 and 15 years of age in light works, subject to the
following conditions:
(2.1) Such jobs shall not be potentially harmful to their
health or growth.
(2.2) Such jobs shall not hinder their school attendance,
participation in orientation or vocational training
programs, or impair their ability to benefit from their
schooling.
Article (163):
Minors may not work during a period of night the duration of
which is not less than twelve consecutive hours, except in cases
determined pursuant to a decision by the Minister.
Article (164):
Minors may not be made to perform actual work for more than
six hours a day for all months except for the month of Ramadhan
when the actual working hours shall not exceed four hours. The
minor shall not stay at the workplace for more than seven hours.
Working hours shall be organized so that a minor may not work for
more than four consecutive hours without one or more periods, each
not less than half an hour, for rest, food and prayers, provided that
the minor does not remain at the workplace for more than seven
hours.
Minors may not be made to work during the weekly rest days,
Eids, official holidays or annual vacations, nor shall they be subject
to the exceptions provided for in Article (106) of this Law.
Article (165):
Prior to employing a minor, the employer shall obtain from him
the following documents:
(1) The national identification card or an official birth
certificate.
(2) A report of physical fitness for the required job issued by
a competent physician and duly certified by a health
authority.
(3) The consent of the minor’s guardian.
Said documents shall be kept in the minor’s personal file.
Article (166):
An employer shall notify the competent labor office of the
employment of each minor within the first week of such
employment, and shall keep at the workplace a register for
employed minors, showing the name of the minor, his age, full
name of his guardian, his place of residence and date of his
employment.
Article (167):
The provisions provided for in this Part shall not apply to work
undertaken by children and minors in schools for general, vocational
or technical education, and in other training institutions, nor shall
they apply to work undertaken in firms by persons who are at least
fourteen years of age if such work is performed in accordance with
the conditions set forth by the Minister and the work constitutes an
essential part of the following:
(1) An educational or training course the primary
responsibility for which lies with a school or a training
institution.
(2) A training program all or the major part of which is
implemented in a firm if approved by the competent authority.
(3) An orientation program aimed at facilitating the
selection of the career or type of training.
PART XI
MARINE WORK CONTRACT
Article (168):
The following words and phrases, wherever mentioned in the
provisions of this Part, shall have the meanings expressed next to
them, unless the context requires otherwise:
Vessel:
A floating craft registered in the Kingdom of Saudi Arabia, whose
tonnage is not less than five hundred tons.
Vessel chandler:
A natural person, public or private firm for whose account the
vessel is being rigged.
Captain:
A seaman qualified to command a vessel and assume
responsibility for it.
Seaman:
A person working aboard a vessel on a marine work contract.
Article (169):
All persons working on a vessel shall be subject to the authority
and orders of its captain.
Article (170):
All work contracts of seamen working on a vessel shall be
entered in the vessel’s records or appended thereto. Such contracts
shall be drafted in a clear language, and shall indicate whether they
are made for a specified period or for a single voyage. If the
contract is made for a specified period, this period shall be clearly
specified. If it is made for a single voyage, it shall specify the city or
harbor where the voyage ends, and at what stage of unloading or
loading the vessel at this harbor the contract terminates.
Article (171):
The marine work contract shall provide for date and place of its
conclusion, name of the chandler, name of the seaman, his
surname, age, nationality and homeland, type of assigned work,
method of performance, certification for work in sea navigation, the
personal marine card, wage and duration of the contract. If the
contract is for a single voyage, it shall specify the city or harbor
where the voyage ends and at what stage during the unloading or
loading of the vessel at the harbor the work ends, and other details
of the contract.
Such contract shall be made out in triplicates, one copy for the
vessel’s chandler, and one for the captain, to be kept aboard the
vessel and a copy for the seaman.
Article (172):
The work terms and rules aboard the vessel shall be posted in
the crew quarters. These terms and rules shall include the following:
(1) Seamen’s obligations and duties, organization rules for
work aboard the vessel, service timetables and daily working
hours.
(2) Obligations of the vessel’s chandler towards seamen in
respect of fixed wages, rewards, and other types of wage.
(3) Method of suspending payment of wages and
deductions therefrom and method of advance payments.
(4) Place and time of settlement of wages as well as final
calculation thereof.
(5) Rules and ways for provision of food and
accommodation aboard the vessel.
(6) Treatment of seamen’s illnesses and injuries.
(7) Conduct of seamen and conditions for their repatriation.
(8) Seamen’s paid annual leaves.
(9) End-of-service award and other indemnities payable
upon termination or expiration of the work contract.
Article (173):
A seaman shall satisfy the following:
(1) He shall have completed eighteen years of age.
(2) He shall hold a certificate allowing him to work in marine
service.
(3) He shall be physically fit.
Article (174):
All the seaman’s entitlements shall be paid in the official
currency. They may be paid in foreign currency if they become due
while the vessel is outside the territorial waters, subject to the
seaman's approval.
The seaman may ask the employer to pay his due monetary
wage to the person designated by him.
Article (175):
If the voyage is cut short for any reason, voluntarily or forcibly,
this shall not entail reduction of the wage of the seaman employed
on a marine work contract for a single voyage.
Article (176):
If the wage is set as a share of the profits or the proceeds of the
vessel's charter, the seaman shall not be entitled to compensation if
the voyage is cancelled nor to a wage increase if the voyage is
delayed or extended. If the delay or extension is due to the action of
the shippers, the seaman shall be entitled to compensation from the
chandler.
Article (177):
A seaman shall be eligible for pay, through the day of
occurrence, if the ship is captured, sinks or becomes unseaworthy.
Article (178):
Seamen shall be provided with food and accommodation at the
expense of the vessel chandler. This shall be regulated by a decision
to be issued by the Minister.
Article (179):
Working hours aboard the vessel while on the high seas shall not
exceed fourteen hours in a twenty four hour period and not more
than seventy two hours in a seven-day period.
Article (180):
A seaman who contributes to aiding or rescuing another vessel is
eligible to a share of the reward that the vessel on which he worked
is entitled to, regardless of the type of wage of the work performed.
Article (181):
If a seaman dies during the voyage, his heirs shall be eligible to
receive his wages through the date of his death, if the wage is on a
monthly basis. If the wage is on a voyage basis, the heirs shall be
entitled to the full voyage wage, and if the wage is a share of
profits, it shall be fully payable. The dues of the deceased or missing
seaman, or who is unable to collect his wage shall be deposited with
the labor office at the port of destination in the Kingdom.
Article (182):
An employer may terminate the contract without prior notice and
without compensation in the following cases:
(1) If the vessel sinks, is confiscated, goes missing or
becomes unseaworthy.
(2) If the voyage is cancelled at the outset, for reasons
beyond the chandler’s control and the wage is on a single
voyage basis, unless the contract provides otherwise.
Article (183):
If the contract expires or is revoked, the employer shall be
obligated to:
(1) return the seaman to the port of departure at the
commencement of the contract.
(2) provide him with food and accommodation until he
reaches that port.
Article (184):
A chandler shall return the seaman to his country in the following
cases:
(1) If the chandler cancels the voyage after the vessel sails
off.
(2) If the voyage is cancelled after the vessel sails off on
account of prohibition of trading with the destination.
(3) If the seaman is removed from the vessel due to illness,
injury or disability.
(4) If the vessel is sold in a foreign country.
(5) If the seaman is dismissed from service during the
voyage without a legitimate justification.
(6) If the contract concluded with the seaman expires at a
port other than the one provided for in the contract.
PART XII
WORKING IN MINES AND QUARRIES
Article (185):
Working in mines and quarries shall mean the following:
(1) Operations involving prospection, detection, extraction
or manufacture of (solid or liquid) mineral substances,
including precious stones, in the area for which the license has
been issued.
(2) Operations involving extraction, concentration or
manufacture of mineral sediments on or under the ground
surface in the area of the license.
(3) Construction works, installation of structure and
equipment related to the operations referred to in Paragraphs
(1) and (2) of this Article.
Article (186):
No person under the age of eighteen or any woman regardless of
her age shall be employed in a mine or quarry.
Article (187):
No person shall be allowed to engage in operations subject to the
provisions of this Part until he undergoes a complete medical
examination and proven to be physically fit for the required work.
Such examination shall be repeated periodically. The worker may
not be required to bear the costs of necessary medical
examinations. The Minister shall set forth pursuant to a decision by
him the terms, conditions and periods that must be complied with.
Article (188):
The actual working hours spent by the worker underground shall
not exceed seven hours a day. No worker shall be kept at the
workplace, above or under ground, for more than ten hours a day. If
the work is conducted underground, such a period shall include the
time needed for the worker to reach the underground and the time
needed to return to the surface.
Article (189):
Access to the work location and facilities shall be prohibited for
people other than the workers, persons authorized to inspect the
mine or the quarry and persons holding special permits from the
competent authority.
Article (190):
An employer shall keep a record to register and count the
workers before their entry into the workplace and at the time of
their exit therefrom.
Article (191):
An employer or the manager in-charge shall draft a list of orders
and instructions related to the public safety.
Article (192):
An employer shall establish a rescue point in the vicinity of the
workplace, equipped with necessary rescue and first aid equipment.
Said point shall be equipped with suitable means of communication
for immediate access and the employer shall appoint a trained
technician to supervise the rescue and first aid operations.
Article (193):
Without prejudice to the provisions of Article (142) of this Law,
the employer of each mine or quarry with at least fifty workers shall
set up a suitable location with a room equipped with rescue and first
aid equipment, another room for nursing and one or more locker
rooms. As for quarries and mines with less than fifty workers located
within a twenty-kilometer radius of each other, employers may pool
their resources to establish a place of rescue and first aid in
between such quarries and mines, or else establish their own places
of rescue and first aid.
The Minister may determine the rescue and first aid equipment,
protection and prevention measures in mines and quarries as well
as employers’ responsibilities and workers’ rights and duties.
PART XIII
WORK INSPECTION
Article (194):
Work inspection shall be undertaken by competent inspectors to
be named pursuant to a decision by the Minister. They shall have
the powers and authorities provided for in this Law.
Article (195):
In addition to the general conditions for appointment of
employees, a work inspector shall satisfy the following requirements
when performing his duties:
(1) Total impartiality.
(2) Absence of any direct or indirect relation with the firms
he inspects.
(3) Passing a conduct examination following completion of a
training period of at least ninety days.
Article (196):
Work inspectors shall have the following powers:
(1) Monitor the proper implementation of the provisions of
the Labor Law and its implementing regulations and decisions.
(2) Furnishing employers and workers with technical
information and guidelines that enable them to follow the best
means for implementing the provisions of the Law.
(3) Reporting to the competent authorities the
shortcomings which the existing provisions fail to remedy and
providing relevant suggestions.
(4) Recording violations of the provisions of the Labor Law
and its implementing decisions.
Article (197):
Before assuming their official duties, work inspectors shall take
an oath before the Minister to discharge their duties honestly and
sincerely, and not disclose the secrets of any industrial invention or
any other secrets which may come to their knowledge by reason of
their offices, even after leaving such offices. A work inspector shall
carry an identification card issued by the Ministry.
Article (198):
Work inspectors shall have the right to:
(1) Access any firm that is subject to the provisions of the
Labor Law at any time, day or night, without prior notice.
(2) Perform any examination or investigation required to
ascertain proper implementation of the Law. They may in
particular:
(a) Question the employer, his representative or the
workers in private or in the presence of witnesses about
any matter relating to the implementation of the
provisions of the Law.
(b) Review all books, records and other documents
required to be kept pursuant to the provisions of this
Law and related decisions, and obtain any copies or
extracts therefrom.
(c) Take sample(s) of the materials used or handled in
the industrial and other operations subject to inspection
and believed to have a harmful effect on the health or
safety of workers, for the purpose of analyzing such
samples in government laboratories to determine the
extent of such effect, and duly notify the employer or
his representative of the same.
Article (199):
Employers and their agents shall facilitate for the inspectors and
officials entrusted with work inspection the performance of their
duties. They shall provide them with required data related to the
nature of their work, respond to requests to appear before them and
dispatch a representative when asked.
Article (200):
A person conducting inspection shall notify the employer or his
representative of his visit except where he believes that the task for
which the inspection is being made requires otherwise.
Article (201):
A work inspector may instruct employers to amend the rules for
operating their equipment and machinery at deadlines he specifies,
to ensure compliance with the provisions pertaining to workers’
health and safety. In the event of a hazard threatening the workers’
health and safety, the inspector may request the immediate
implementation of measures he may deem necessary to prevent
such hazard.
Article (202):
A work inspector shall treat with absolute secrecy complaints he
receives regarding any shortage in equipment or any violation of the
provisions of the Law, and shall not disclose to the employer or his
representative the existence of such complaints.
Article (203):
If, in the course of inspection, the inspector concludes the
existence of a violation of the provisions of this Law or of any
decisions issued hereunder, he shall, provide advice to the employer
on how to avoid such violation, serve the employer with a verbal
notice or a written warning to rectify the violation within a certain
period or else draft a report recording the violation, depending on
the seriousness of the violation and the other circumstances that
are left to his discretion.
Article (204):
Whenever the need arises, physicians, engineers, chemists, and
specialists in occupational health and safety shall participate in the
inspection. If necessary, the director of the labor office and
inspectors may request the competent executive bodies to extend
the required assistance.
Article (205):
The work inspection chief at the labor office shall prepare a
monthly report on the work inspection activities, the aspects of
inspection, the firms inspected, the number and type of violations
committed and the actions taken with respect thereto. He shall also
prepare an annual report on the inspection undertaken within the
jurisdiction of the labor office, its findings and effects, and include
therein his comments and proposals. Copies of both reports shall be
submitted to the Ministry.
Article (206):
The Deputy Minister for Labor Affairs shall prepare, within a
period not exceeding one hundred eighty days from the end of the
year, a comprehensive annual report on work inspection in the
Kingdom, addressing all matters relating to the Ministry’s
monitoring of the implementation of the provisions of the Labor
Law. In particular, the report shall include the following:
(1) A statement of the provisions regulating inspection.
(2) A list of the officials in charge of inspection.
(3) Statistics on firms that are subject to inspection and
number of their workers.
(4) Statistics on inspectors’ visits and inspections.
(5) Statistics on the violations committed and the penalties
imposed.
(6) Statistics on work injuries.
(7) Statistics on occupational diseases.
Article (207):
The Ministry shall prepare forms for recording violations,
inspection records, notices and warnings, and shall establish the
provisions necessary for the filing and use of such forms and for
their distribution to labor offices.
Article (208):
Training courses shall be organized for work inspectors, and shall
in particular include the following:
(1) Principles for organizing inspection visits and
communication with employers and workers.
(2) Principles for auditing books, records and computers, as
well as principles for organizing inspection reports and
interrogation of persons.
(3) Principles for guiding employers on the requirements of
statutory provisions and the benefits of their application, and
assisting them in such application.
(4) Fundamental principles of industrial technology and
means of protection against work injuries and occupational
diseases.
(5) Fundamental principles of production efficiency and its
relevance to providing conditions conducive to a proper work
environment.
Article (209):
The Council of Ministers shall issue the Implementing Regulations
needed to regulate and organize the inspection activities as
provided for in this Part.
PART XIV
COMMISSIONS FOR SETTLEMENT OF LABOR DISPUTES
Article (210):
Commissions for settlement of labor disputes are:
(1) The Preliminary Commissions for Settlement of
Disputes.
(2) The High Commission for Settlement of Disputes.
Article (211):
Pursuant to a decision by the Minister and following the approval
of the President of the Council of Ministers, members of the
preliminary commissions shall be named from among holders of
degrees in Shari’ah or law.
Article (212):
Based on a decision by the Minister, a preliminary commission
comprising one or more one-member circuits shall be formed in
each labor office specified by the Minister. Each of these circuits
shall decide the cases referred to it. If the commission comprises
more than one circuit, the Minister shall name a head from among
the members, who shall, in addition to his duties, assign the cases
to commission members and organize the administrative and
clerical work.
Article (213):
If no preliminary commission is formed in a labor office, the
Minister shall, when necessary, delegate the commission formed at
the nearest labor office with the duties and jurisdictions of the
commission which has not been formed.
Article (214):
The Preliminary Commission shall have jurisdiction to:
(1) Render final decisions on:
(1.1) Labor disputes, irrespective of their type, the
value of which does not exceed ten thousand riyals.
(1.2) Objection to the penalty imposed by the employer
upon the worker.
(1.3) Imposition of the punishments provided for in this
Law for a violation of which the punishment does not
exceed five thousand riyals and violations with a
combined punishment not exceeding five thousand
riyals.
(2) Render preliminary decisions on:
(2.1) Labor disputes the value of which exceeds ten
thousand riyals.
(2.2) Disputes over compensations for work injuries,
irrespective of the amount of the compensation.
(2.3) Disputes over termination of service.
(2.4) Imposition of the punishments provided for in this
Law for a violation the punishment of which exceeds five
thousand riyals and violations with a combined
punishment exceeding five thousand riyals.
(2.5) Imposition of punishments on violations
punishable by fines and consequential punishments.
Article (215):
The High Commission for Settlement of Disputes shall be
comprised of several circuits, each comprising not less than three
members. The chairman and members of the commission who shall
be holders of degrees in Shari’ah and law with expertise in labor
disputes shall be named by a decision of the Council of Ministers,
based on a nomination by the Minister. A decision by the Minister,
based on a recommendation of the Chairman of the Commission,
shall specify the number of circuits of the High Commission and
their venue jurisdiction. The Chairman of the Commission shall
select the heads of the circuits, assign the duties of each and
supervise all administrative functions of the circuits.
Article (216):
Each of the circuits of the High Commission shall have
jurisdiction to decide finally and definitively on all appeals brought
before it against decisions of the circuits of preliminary
commissions.
Article (217):
Decisions may be appealed within thirty days from the date of
utterance of the preliminary circuit’s decisions made in the
presence of the parties and from the date of notification in other
cases.
Article (218):
If the decision of the preliminary circuit is not appealed within the
period specified in the previous Article, the decision shall be
deemed final and enforceable. All decisions of the circuits of the
High Commission shall be deemed enforceable from the date of
their issuance.
Article (219):
Each of these Commissions shall solely have exclusive right to
consider all disputes relating to this Law and the disputes arising
from work contracts. It may summon any person for interrogation or
assign one of its members to conduct such interrogation. It may also
require submission of documents and evidence and take any other
measures it may deem fit. The Commission shall also have the right
of access to any premises of the firm for the purpose of conducting
the investigation and reviewing all books, records and documents it
deems necessary.
Article (220):
Cases shall be filed through the competent labor 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 labor office shall take the necessary measures
to settle the dispute amicably. The Minister shall issue a decision
setting forth the relevant procedures and rules.
Article (221):
Cases arising from the provisions of this Law shall be reviewed
promptly.
Article (222):
(1) No case shall be accepted by the commissions provided
for in this Law involving a claim of the rights provided for in
this Law or arising from a work contract after twelve months
following termination of the work relation.
(2) No case involving a claim of the rights provided for in
the previous Labor Law shall be accepted after twelve months
following the effective date of this Law.
(3) No complaint regarding violations of the provisions of
this Law or the regulations and decisions issued hereunder
shall be accepted after twelve months following the date of
the occurrence of the violation.
Article (223):
None of the commissions provided for in this Part shall abstain
from rendering its decision on the pretext of the absence of
applicable provisions in this Law. In such case, the commissions
shall resort to the principles of Shari’ah, established judicial
precedents, norms and the principles of justice.
Article (224):
The work contract parties may incorporate a clause in the work
contract providing for settlement of disputes through arbitration or
may agree to do so after the dispute arises. In all cases, the
provisions of the Arbitration Law and its Implementing Regulations
in force in the Kingdom shall apply.
Article (225):
Neither of the disputing parties may bring the dispute, upon
which a final decision has been rendered by one of the commissions
provided for in this Part, before this Commission or other judicial
bodies.
Article (226):
During the reconciliation or arbitration proceedings or while the
case is under review before one of the commissions provided for in
this Part, the employer may not change the terms of employment
applicable before the initiation of the proceedings in a way that
would cause harm to the worker.
Article (227):
The Commission may order the losing party to pay the other
party all or part of the costs incurred by him.
Article (228):
The Council of Ministers shall issue the regulations for litigation
before the commissions for settlement of labor disputes.
PART XV
PUNISHMENTS
Article (229):
The punishments provided for in this Part shall apply in the
absence of harsher punishments provided for in any other laws.
Article (230):
A fine of not less than three thousand riyals and not more than
ten thousand riyals shall be imposed on any person who violates
any of the provisions related to the vocational preparation of Saudi
workers to replace others, as provided for in this Law and the
decisions issued hereunder.
Article (231):
Violators of the provisions of Articles (16), (25), (33), (37) and
(38) of this Law shall be subject to a fine of not less than two
thousand riyals and not more than five thousand riyals. The fine
shall be multiplied by the number of workers subject of the
violation.
Article (232):
Violators of the provision of Article (30) of this Law shall be
subject to a fine of not less than ten thousand riyals and not more
than thirty thousand riyals.
Article (233):
Violators of the provision of Article (39) of this Law shall be
subject to a fine of not less than five thousand riyals and not more
than twenty thousand riyals, and the fine shall be multiplied by the
number of persons subject of the violation. The worker shall be
repatriated at the expense of the person who employs him.
Article (234):
An employer or any person responsible for violation of the
provisions of Chapters Two, Three and Four of Part VI of this Law, or
any decisions issued hereunder shall be subject to a fine of not less
than two thousand riyals and not exceeding five thousand riyals for
each violation.
Article (235):
An employer who violates the provision of Article (90) of this Law
shall be subject to a fine of not less than five hundred riyals and not
more than three thousand riyals. The fine shall be multiplied by the
number of the workers subject of the violation.
Article (236):
Any person who violates the provisions of Chapters One and Two
of Part VIII of this Law and the rules issued in accordance with the
provision of Article (121) of this Law shall be subject to a fine of not
less than three thousand riyals and not more than ten thousand
riyals for each violation or closing down the firm for not more than
thirty days or permanently. The fine and the closing down may be
combined along with the elimination of the source of the hazard.
Article (237):
Without prejudice to the punishment provided for in other laws
applicable to those who obstruct an official in the course of his
duties, violators of the provisions of Article (199) of this Law shall be
subject to a fine of not less than five thousand riyals and not more
than ten thousand riyals.
Article (238):
Any employer, project manager or worker who refuses or delays
execution of an arbitration award or a final decision rendered by any
of the labor dispute settlement commissions shall be subject to a
fine of not less than ten thousand riyals and not more than thirty
thousand riyals.
Article (239):
A violator of any of the provisions of this Law and the regulations
and decisions issued hereunder shall be subject to a fine of not less
than two thousand riyals and not more than five thousand riyals, for
punishments not provided for herein.
Article (240):
If the violation is repeated within ninety days or the violator fails
to correct it within the specified period, the fine shall be doubled.
Article (241):
In all cases, the violator may pay the maximum prescribed fine
as provided for in this Part without resorting to the Commission for
Settlement of Labor Disputes.
Article (242):
Proceeds of fines collected on account of violations of the
provisions of this Law and the regulations and decisions issued
hereunder shall eventually be deposited with the Human Resources
Development Fund.
PART XVI
CONCLUDING PROVISIONS
Article (243):
The Minister shall issue, within one hundred eighty days from the
effective date of this Law, the decisions and regulations necessary
for implementing the provisions of this Law. The Implementing
Regulations shall be published in the Official Gazette.
Article (244):
This Law shall supersede the Labor and Workers Law
promulgated by Royal Decree No. (M/21), dated 6 Ramadan 1389H
and shall repeal all the provisions that are inconsistent with it.
Regulations and decisions issued prior to the effective date of this
Law shall remain in effect until they are amended.
Article (245):
This Law shall be published in the Official Gazette and shall come
into effect one hundred eighty days after the date of its publication.