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Saudi Arabia

Employee Rights and Protections

Explore workers' rights and legal protections in Saudi Arabia

Termination

In Saudi Arabia, the Labor Law outlines specific grounds on which an employer can terminate an employee's contract. For indefinite term contracts, these grounds include gross misconduct by the employee, failure to perform essential job duties despite warnings, repeated violation of safety regulations, unauthorized absence for more than 20 non-consecutive days or 10 consecutive days, disclosing company secrets, conviction for an offense involving honor, honesty, or public morals, and other valid reasons stipulated in the employment contract.

For fixed-term contracts, lawful grounds for dismissal include completion of the agreed-upon term, completion of the specific work project, mutual agreement between employer and employee, and Force Majeure, which refers to unforeseeable circumstances preventing contract fulfillment.

Notice Requirements

For indefinite term contracts, a 60 days' written notice is required for employees paid monthly, and a 30 days' notice for others. The employment contract may stipulate longer notice periods. For fixed-term contracts, no notice is strictly required, as these contracts terminate upon completion of the term or project. Employers may choose to offer pay in lieu of the required notice period.

Severance Pay (End-of-Service Award)

Employees in Saudi Arabia are entitled to severance pay upon termination, subject to certain conditions. For indefinite term contracts, employees are eligible if they've completed at least two years of continuous service. The severance calculation includes half a month's pay for each of the first five years of service and one full month's pay for each subsequent year of service. For fixed-term contracts, employees terminated before contract expiry (for reasons other than misconduct) are entitled to severance pay.

Discrimination

Saudi Arabia has made significant progress in recent years to combat discrimination in various sectors, particularly in the workplace. The key aspects of anti-discrimination laws in the country are outlined below.

Protected Characteristics

Saudi Arabian law prohibits discrimination based on several protected characteristics:

  • Gender: Discrimination based on an individual's gender is prohibited. This includes all areas of employment, such as recruitment, hiring, promotions, compensation, and training.

  • Disability: The law forbids employers from discriminating against people with disabilities and mandates the provision of reasonable accommodations for disabled employees.

  • Age: The law also prohibits discrimination on the basis of age in employment.

  • Other Forms of Discrimination: The Saudi labor law asserts that all citizens have equal rights to work, without any discrimination based on gender, disability, age, or any other form.

Redress Mechanisms

Employees who believe they have been subjected to discrimination have several avenues for redress:

  • Internal Grievance Procedures: Many Saudi Arabian companies have internal grievance mechanisms that allow employees to raise complaints of discrimination.

  • Ministry of Human Resources and Social Development: Employees can lodge complaints with the Ministry of Human Resources and Social Development, which has the authority to investigate complaints and impose penalties on employers found to be violating anti-discrimination laws.

  • Courts: In some cases, employees may opt to take their discrimination cases to court.

Employer Responsibilities

Employers in Saudi Arabia have several obligations regarding anti-discrimination:

  • Develop and Implement Anti-Discrimination Policies: Employers are required to have clear anti-discrimination policies that express the company's commitment to a discrimination-free work environment.

  • Training: Employers should provide training to employees at all levels on anti-discrimination laws and policies. This training should educate employees on what constitutes discrimination, how to recognize it, and how to report it.

  • Fair and Transparent Procedures: Employers must ensure that all HR processes are conducted fairly and without bias.

  • Prompt Investigation of Complaints: Employers must take all complaints of discrimination seriously and investigate them promptly and thoroughly.

  • Disciplinary Action: Employers should take appropriate disciplinary action against employees found to have engaged in discriminatory behavior.

Working conditions

Saudi Arabia's labor laws establish the basic standards for working conditions, including regulations on work hours, rest periods, and ergonomic requirements.

Work Hours

The standard working week in Saudi Arabia is 48 hours, with a maximum of 8 hours per day. This applies to most sectors, though some exceptions exist for specific industries or shift work. During the holy month of Ramadan, working hours are reduced for Muslim employees to a maximum of 6 hours per day or 36 hours per week. Overtime work is permitted, with a requirement for employers to pay an overtime rate of 150% of the hourly wage.

Rest Periods

Saudi labor law mandates a rest period of at least 30 minutes during the workday. Employees cannot be forced to work for more than 5 consecutive hours without a break. Friday is the standard weekly rest day in Saudi Arabia. However, this can be replaced with another day of the week if stipulated in the employment contract.

Ergonomic Requirements

While specific ergonomic requirements are not explicitly outlined in the Saudi labor law, employers have a general duty to ensure the health and safety of their workers. This could be interpreted to include providing a reasonably ergonomic workspace to minimize the risk of musculoskeletal disorders.

Health and safety

Ensuring a safe and healthy work environment is a critical aspect of labor relations in Saudi Arabia. The kingdom has established a comprehensive framework to protect workers' well-being, outlining employer obligations, employee rights, and the role of enforcement agencies.

Employer Obligations

The Ministry of Human Resources and Social Development (MHRSD) lays out the primary employer obligations regarding workplace health and safety. Here are some key points:

  • Hazard Prevention and Protection: Employers must take all necessary precautions to safeguard workers from occupational hazards, accidents, and illnesses arising from machinery, processes, or environmental factors.
  • Workplace Conditions: Employers are responsible for maintaining a clean and hygienic worksite with adequate lighting, potable drinking water, washing facilities, and proper ventilation.
  • Personal Protective Equipment (PPE): Employers must provide appropriate PPE to workers, train them on its proper use, and ensure its use is mandatory.
  • Worker Information and Training: Employers have a duty to inform workers about potential job hazards before they commence work. Additionally, they must provide training on safety procedures and safe work practices.
  • Record Keeping and Reporting: Employers are obligated to maintain records of work-related injuries and illnesses and report them to the relevant authorities.

Employee Rights

Employees in Saudi Arabia have fundamental rights concerning workplace health and safety, as outlined by the MHRSD. These include:

  • The right to a safe and healthy work environment free from hazards.
  • The right to refuse work deemed unsafe or unhealthy.
  • The right to be informed about potential hazards associated with their jobs.
  • The right to receive proper training on safety procedures and PPE use.
  • The right to report unsafe work practices or conditions to the authorities without fear of retaliation.

Enforcement Agencies

The Ministry of Human Resources and Social Development (MHRSD) is the primary government agency responsible for enforcing workplace health and safety regulations in Saudi Arabia. MHRSD inspectors conduct regular workplace inspections to ensure compliance with health and safety standards.

Additionally, the General Organization for Social Insurance (GOSI) plays a role in workplace safety by providing financial compensation to workers who suffer work-related injuries or illnesses.

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