Joined: 13 Jul 2009
|Posted: Sun Aug 29, 2010 11:27 pm Post subject: KSA Ministry of Labor Law (continued)
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.
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.
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.
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.
The procedures for reporting work injuries shall be determined pursuant to a decision by the Minister.
PART VIII: PROTECTION AGAINST OCCUPATIONAL HAZARDS, MAJOR INDUSTRIAL ACCIDENTS AND WORK INJURIES, AND HEALTH AND SOCIAL SERVICES
Chapter Four: Medical and Social Services
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.
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.
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.
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.
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
(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.
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.
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
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.
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.
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.
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.
An employer shall provide medical care for female workers during pregnancy and delivery.
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.
An employer may not terminate the employment of a female worker or give her a warning of the same while on maternity leave.
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.
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.
In all occupations and places where women are employed, the employer shall provide them with seats for resting.
(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.
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 – Article 167 Currently blocked on the Ministry of Labor website.
PART XI: MARINE WORK CONTRACT
Article 168 - Article 184 Irrelevant to eslcafe.
PART XII: WORKING IN MINES AND QUARRIES
Articles 185 – Article 193 Relevant to ___________
PART XIII: WORK INSPECTION
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
Commissions for settlement of labor disputes are:
(1) The Preliminary Commissions for Settlement of Disputes. [sometimes “Preliminary Committee Court”]
(2) The High Commission for Settlement of Disputes. [sometimes “High Committee Court”]
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Cases arising from the provisions of this Law shall be reviewed promptly.
(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.
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.
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.
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.
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.
The Commission may order the losing party to pay the other party all or part of the costs incurred by him.
The Council of Ministers shall issue the regulations for litigation before the commissions for settlement of labor disputes.
PART XV: PUNISHMENTS
The punishments provided for in this Part shall apply in the absence of harsher punishments provided for in any other laws.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
If the violation is repeated within ninety days or the violator fails to correct it within the specified period, the fine shall be doubled.
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.
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
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.
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.
This Law shall be published in the Official Gazette and shall come into effect one hundred eighty days after the date of its publication.
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RULES GOVERNING THE WORK OF WOMEN
Ministry of Labor head office: contact
Minister of Labor: His Excellency Dr Adel Fakieh. Fax 01-201-4500 or outside KSA 966-1-210-4500)
Deputy Minister Abdul Wahab Al-Homade. Phone 01-210-4560
Deputy Minister Abdul Rahman Al-Bawardi. Phone 01-210-4573
Deputy Minister Mofarage Al-Haqbani. Phone 01-210-4562
Some secretaries are English proficient. All Deputies, and their Boss, definitely are.
Overseas Workers Help Department: Mr Nasser Al-Homali who speaks only Arabic and has no immediate associate who speaks English. Phone 01-210-4589
Central Operator: 01-200-6666
All these numbers are current as of 1 September 2010 and are subject to change.
Head office location is across the street from the Danube Mall, King Abdulaziz Road, in Riyadh. Residents of Riyadh: check regional office below.
Some of these regional office contact numbers below may not necessarily be current as of 1 September 2010.