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Labor law: Weekend days not to be counted with annual leave

 
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nomad soul



Joined: 31 Jan 2010
Posts: 11454
Location: The real world

PostPosted: Mon Jan 11, 2016 10:45 am    Post subject: Labor law: Weekend days not to be counted with annual leave Reply with quote

Up to SR100,000 fine for weekend rule violation
Saudi Gazette | January 11, 2016
Source: http://saudigazette.com.sa/saudi-arabia/up-to-sr10000-fine-for-weekend-rule-violation/

RIYADH — Companies which count weekends as part of an employee’s annual leave will have to pay a fine of up to SR100,000, Makkah Arabic daily quoted a Ministry of Labor source as saying on Sunday.

According to the Saudi Labor Law, weekends are not to be counted as part of the employees’ annual leave, the source said. “The ministry has recorded several cases where companies and employers exploit the ignorance of employees about their rights. Many companies count the weekends as part of annual vacation which is a clear violation of the Saudi Labor Law,” said the source. “Weekends are official paid leaves. No company has the right to force its employees to work during the weekend and no company has the right to deduct salary for the weekends,” said the source.

Penalties for violating this regulation are usually monetary but sometimes administrative. The ministry has the right to increase the penalty stated under the law when the violation is repeated. Violators will be given a deadline to pay the fines. If the violator does not pay on time, the penalty and fine will be increased, said the source.

In certain cases, the ministry has the authority to close down the company for 30 days. If the violation is repeated, the ministry has the right to cancel the license of the company, said the source.

(End of article)
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radient one



Joined: 29 Nov 2012
Posts: 38

PostPosted: Sat Jan 16, 2016 4:19 am    Post subject: Saudi Law and Vacations Reply with quote

Thanks for this posting Nomad Soul, I wonder how many of us are being illegally short changed? My company certainly includes weekends as part of annual leave calculations. I'm curious if anyone can clarify this for me, too, please. I have been told that annual leave under Saudi Law should be calculated in addition to 12 months salary i.e. employees should receive times 12 our monthly salaries / year PLUS the annual leave entitlement. Pretty generous, if true. Does anyone actually receive this?
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Hatcher



Joined: 20 Mar 2008
Posts: 602

PostPosted: Sat Jan 16, 2016 1:20 pm    Post subject: Reply with quote

Regarding the law, try walking in and telling this to your employer.

Here is what happened to me.

The largest uni in Jeddah owed me 3000USD in wages.
I asked to be paid and cited labor laws. My boss told me I was stupid because the laws dont apply to Saudis.
They admitted I was right and said if I wanted to be paid.. I would be... and then I would be fired and so would a close friend of mine...
If I ever see my boss from that uni in my home country where he spends his summers, I will punch him in the face and chat up his wife.
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veiledsentiments



Joined: 20 Feb 2003
Posts: 17644
Location: USA

PostPosted: Sat Jan 16, 2016 4:15 pm    Post subject: Reply with quote

This new rule only applies to contracts where the vacation is listed by days. If it says "one month," it is one calendar month. If it says, "30 calendar days," it will be the same... 30 days including weekends. If the contract says "30 days" then this rule "might" come into effect.

Because when it comes to us expats, the shadier employers pretty much will do as they please. They know that getting enforcement through the courts is either too expensive or takes too long to get enforced.

VS
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veiledsentiments



Joined: 20 Feb 2003
Posts: 17644
Location: USA

PostPosted: Sat Jan 16, 2016 4:27 pm    Post subject: Re: Saudi Law and Vacations Reply with quote

radient one wrote:
I'm curious if anyone can clarify this for me, too, please. I have been told that annual leave under Saudi Law should be calculated in addition to 12 months salary i.e. employees should receive times 12 our monthly salaries / year PLUS the annual leave entitlement. Pretty generous, if true. Does anyone actually receive this?

I would consider that a misinterpretation of the law. Basically if it is "a month" paid vacation, it means that if you take the month off, you will be paid the same salary as when you are working. Many contracts state that you must work 12 months before you can get the one month off with pay. It doesn't mean that if your contract is for 12 months, you only work for 11 and get the 12 month off with pay. It is the way that many companies get out of paying the holiday pay.

With a dependable company, one can teach for 12 months, and then if you leave at the end, you leave with a month's pay for that vacation.

I don't consider this all that generous. Most university contracts in the Gulf give 2 months off with full pay. One of the most common complaints that we hear on the Saudi board is non payment of earned holiday time, but it is often because teachers have not read the contract closely.

VS
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nomad soul



Joined: 31 Jan 2010
Posts: 11454
Location: The real world

PostPosted: Sat Jan 16, 2016 5:06 pm    Post subject: Reply with quote

Quote:
Because when it comes to us expats, the shadier employers pretty much will do as they please. They know that getting enforcement through the courts is either too expensive or takes too long to get enforced.

Plus, keep in mind that those on business visit visas who aren't able to get their sponsors to budge on this issue are out of luck since their "employment" contracts aren't enforceable under Saudi law. Their only recourse is to either put up with the situation or leave.
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bigdurianthesecond



Joined: 16 Jan 2016
Posts: 62
Location: The Base

PostPosted: Fri Jan 22, 2016 7:19 pm    Post subject: Re: Saudi Law and Vacations Reply with quote

[quote="radient one"]Thanks for this posting Nomad Soul, I wonder how many of us are being illegally short changed? My company certainly includes weekends as part of annual leave calculations. I'm curious if anyone can clarify this for me, too, please. I have been told that annual leave under Saudi Law should be calculated in addition to 12 months salary i.e. employees should receive times 12 our monthly salaries / year PLUS the annual leave entitlement. Pretty generous, if true. Does anyone actually receive this?[/quote]

In my current position we get that. And if you don't take the holiday they will pay you for an extra thirty days at the end of the year.
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bigdurianthesecond



Joined: 16 Jan 2016
Posts: 62
Location: The Base

PostPosted: Fri Jan 22, 2016 7:25 pm    Post subject: Re: Labor law: Weekend days not to be counted with annual le Reply with quote

[quote="nomad soul"][b]Up to SR100,000 fine for weekend rule violation[/b]
Saudi Gazette | January 11, 2016
Source: http://saudigazette.com.sa/saudi-arabia/up-to-sr10000-fine-for-weekend-rule-violation/

RIYADH — Companies which count weekends as part of an employee’s annual leave will have to pay a fine of up to SR100,000, Makkah Arabic daily quoted a Ministry of Labor source as saying on Sunday.

According to the Saudi Labor Law, weekends are not to be counted as part of the employees’ annual leave, the source said. “The ministry has recorded several cases where companies and employers exploit the ignorance of employees about their rights. Many companies count the weekends as part of annual vacation which is a clear violation of the Saudi Labor Law,” said the source. “Weekends are official paid leaves. No company has the right to force its employees to work during the weekend and no company has the right to deduct salary for the weekends,” said the source.

Penalties for violating this regulation are usually monetary but sometimes administrative. The ministry has the right to increase the penalty stated under the law when the violation is repeated. Violators will be given a deadline to pay the fines. If the violator does not pay on time, the penalty and fine will be increased, said the source.

In certain cases, the ministry has the authority to close down the company for 30 days. If the violation is repeated, the ministry has the right to cancel the license of the company, said the source.

(End of article)[/quote]

Someone contacted HR about this and they said that because under Saudi law you are only entitled to 21 days it wouldn't make any difference to your 30. Because you already get more than you should. However the 21 days rises to thirty if you have been with the company for more than five years, so we shall see.
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In the heat of the moment



Joined: 22 May 2015
Posts: 393
Location: Italy

PostPosted: Sat Jan 30, 2016 9:01 am    Post subject: Reply with quote

Hatcher wrote:
Regarding the law, try walking in and telling this to your employer.

Here is what happened to me.

The largest uni in Jeddah owed me 3000USD in wages.
I asked to be paid and cited labor laws. My boss told me I was stupid because the laws dont apply to Saudis.
They admitted I was right and said if I wanted to be paid.. I would be... and then I would be fired and so would a close friend of mine...
If I ever see my boss from that uni in my home country where he spends his summers, I will punch him in the face and chat up his wife.


Let it go, what good are you doing yourself by remaining angry?
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