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Changes to the labor law

 
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nomad soul



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

PostPosted: Sun Dec 14, 2014 11:54 am    Post subject: Changes to the labor law Reply with quote

Workers can’t be shifted from original workplace
Arab News | 14 December 2014
Source: http://www.arabnews.com/saudi-arabia/news/674181

JEDDAH--Employers are not permitted to transfer workers from their original place of work to another location if this requires changing the place of residency, or if the transfer jeopardizes the health of an employee, the Ministry of Labor said.

The ministry came out recently with details of the Kingdom's new labor law dealing with the rights and duties of both employer and employee, work environment, disciplinary action and service termination. According to the ministry, employers are required to provide employees leave for Eid Al-Fitr, Eid Al-Adha, and illness during their probationary period, and both parties have the right to terminate the contract during this period unless the contract specifically states that this right belongs to only one party.

Employers may not change the payment schedule of an employee from a monthly basis to a weekly, daily, or hourly basis, unless the employee has agreed to this in writing and such change does not violate any of the employee’s rights.

As per Article 38 of the Labor Regulations, employers may not assign work that is different from what has been agreed upon without the employee’s consent in writing, and such work may not exceed more than 30 days per year. Employers must also refrain from subjecting workers to forced labor and may not withhold part of or all their wages without judicial approval.

Employers must facilitate the authorities to carry out their work related to monitoring and imposing regulations, as well as preventing the entry of any unauthorized substances to the workplace. The ministry said employees are entitled to a certificate of service upon termination of the contract that indicating the dates of employment, the employee’s position, duties, and wages.

As for the duties of employees, the ministry said workers should fulfill all work requirements provided tasks do not create any moral or health issues, and must return any machinery, tools, equipment owned by the employer. Employees must also complete medical examinations before starting work to ensure they are free from disease.

With regard to grievances and disciplinary action, employers should respond to any complaints and may not change any terms during the reconciliation or arbitration process in a manner that may harm the employee. The employer is permitted to resort to warnings and fines, as well as withholding or delaying a raise or promotion for a period of no more than one year, suspending work with no pay, and terminating the employee’s contract.

According to the ministry, penalties against the employee for disciplinary reasons may not involve withholding wages of more than five days, or for more than 5 days per month. Suspension of services may also not exceed 5 days per month, and no disciplinary action against an employee can be taken until after the employee has been informed in writing and given a chance to respond in his defense within 15 days. Responses from the employee must be made to the committee of labor dispute, which must issue a decision within 30 days.

(End of article)
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veiledsentiments



Joined: 20 Feb 2003
Posts: 17644
Location: USA

PostPosted: Sun Dec 14, 2014 4:16 pm    Post subject: Reply with quote

These changes could be helpful for many teachers if they are enforceable...

VS
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sicklyman



Joined: 02 Feb 2013
Posts: 930

PostPosted: Sun Dec 14, 2014 6:24 pm    Post subject: Reply with quote

ah the power of IF!
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scot47



Joined: 10 Jan 2003
Posts: 15343

PostPosted: Sun Dec 14, 2014 7:07 pm    Post subject: Reply with quote

Froth. Hot Air. In Arabic - "Kalam Fadhi" (Empty words.)
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Hatcher



Joined: 20 Mar 2008
Posts: 602

PostPosted: Tue Dec 16, 2014 3:06 am    Post subject: Reply with quote

Labor law in the KSA is an oximoron. Does anyone know anyone who abides by labor laws?

When I was cheated out of 2500$ they told me the laws in the KSA are for non-Saudis and if anyone tried to enforce them they would be fired.

I never saw any integrity when it came to money in that country.
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plumpy nut



Joined: 12 Mar 2011
Posts: 1652

PostPosted: Tue Dec 16, 2014 6:46 am    Post subject: Reply with quote

Labor law is only good for very large sums of money. It takes months to take a company to the actual court itself and lawyers from public assistance? That doesn't exist. Then after that all the company has to do is appeal and it takes another set of months. So if you're on an Iqama but no longer employed and trying to take a company to court, lots of luck. It is legal to find work while you're case is in the dockets, and labor can extend your Iqama. However in reality companies that are willing to cross your former Arab owners are non-existent.
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scot47



Joined: 10 Jan 2003
Posts: 15343

PostPosted: Tue Dec 16, 2014 8:37 am    Post subject: Reply with quote

"the laws in the KSA are for non-Saudis " Eh ? Hatcher seems to have it the wrong way round !
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Hatcher



Joined: 20 Mar 2008
Posts: 602

PostPosted: Tue Dec 16, 2014 11:06 pm    Post subject: Reply with quote

Scot47

No, I am correct. I was told the Saudis dont have any laws but the foreigners do. So when the Saudis dont pay their staff, they dont face any punishment.

I was cheated out of 2500$. If they follow the law, who do I speak with to get it.
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johnslat



Joined: 21 Jan 2003
Posts: 13859
Location: Santa Fe, New Mexico, USA

PostPosted: Tue Dec 16, 2014 11:49 pm    Post subject: Reply with quote

Maybe scot47 meant the laws in Saudi are against (not for) non-Saudis.

Regards,
John
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nomad soul



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

PostPosted: Tue Dec 16, 2014 11:55 pm    Post subject: Reply with quote

Hatcher wrote:
I was cheated out of 2500$. If they follow the law, who do I speak with to get it.

Since you're no longer in KSA, any attempts to resolve this issue are likely to be futile.
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scot47



Joined: 10 Jan 2003
Posts: 15343

PostPosted: Wed Dec 17, 2014 1:45 pm    Post subject: Reply with quote

"Al Ula, ya akhi"

= Brother, leave it to God to sort out In other words, forget it !

I see now that Hatcher means that in KSA Saudis can ignore the law but foreigners have to obey the law.
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