Duties and Disciplinary Rules

Duties and Disciplinary Rules
  • 1

    Employers’ Duties

    1. An employer shall, upon commencement of work in the firm, notify the competent labor office in writing of the following data:

    • Name, type and headquarters of the firm, as well as its mailing address and any information that facilitates contact there with.
    • 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.
    • Number of workers to be employed in the firm.
    • Name of the firm's manager in-charge.
    • Any other data required by the Ministry.(A/15)

    2. 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.(A/16)

    3. Every employer shall send the following to the competent labor office:

    • A statement of vacant and new jobs, their types, locations, wages, and qualifications within a period not exceeding 15 days from the date of vacancy or creation.
    • A notice of measures taken to employ the citizens nominated by the employment unit within 7 days from receiving the nomination letter.
    • 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.
    • 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.(A/25)

    4. 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. (A/26).

    5. Each employer employing 25 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.(A/28)

    6. 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.(A/29)

    7. 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. (A/53)

    8. 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.(A/58)

    9. 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.(A/59)

    10. 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 30 days a year.(A/60)

    11. The employer shall refrain from the worker forced labor.(A/61)

    12. The employer shall not held without a judicial instrument, withhold the workers' wages or any part thereof.(A/61)

    13. The employer shall treat his workers with due respect and refrain from any action or utterances that may infringe upon their dignity and religion.(A/61)

    14. Give the workers the time required to exercise their rights as provided for in this Law without any deduction from their wages against such time . He may regulate the exercise of this right in a manner not detrimental to the work progress. (A/61).

    15. Facilitate for the employees of the competent authorities any task related to the enforcement of the provisions of this Law . (A/61).

    16. The employer, his agent, or any person having authority over the workers shall forbid entry of any illegal substances into the place of work. ( A/ 63).

    17. 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 .( A/ 64)

    18. Return to the worker all certificates and documents he had submitted .(A/64) .

    19. 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/199) .

    20. During the reconciliation or arbitration proceedings or while the case is under review before one of the commission provided for in this Part, the employer may not change the terms of employment applicable before the initiation of the proceedings in way that would cause harm to the worker . (A/ 226).

  • 2

    Worker's Duties

    • The worker must 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.(A/65)
    • The worker must 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.(A/65)
    • The worker must abide by proper conduct and ethical norms during work.(A/65)
    • The worker must 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.(A/65)
    • The worker must 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.(A/65)
    • The worker must 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.(A/65)
    • No worker shall not , during the enjoyment of any of the vacations set forth in the labor Law that worked for another employer.(A/118)
    • A worker shall use and preserve the personal protective equipment designated for each process.(A/124)
    • A worker shall carry out the instructions established to protect his health against injuries and diseases.(A/124)
    • A worker 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.(A/124)
  • 3

    Disciplinary Rules

    1. The disciplinary penalties that the employer may inflict on the worker:
      • Warning.
      • Fines.
      • Withholding allowance or postponing it for a period not exceeding one year if prescribed by the employer.
      • Postponement of promotion for a period not exceeding one year if prescribed by the employer.
      • Suspension from work and withholding of wages.
      • Dismissal from work in cases set forth by the law.(A/66)
    1. An employer may not inflict on a worker a penalty not provided for in this Law or in the work organization regulation.(A/67)
    2. The penalty shall not be made harsher in the event of repeated violation if 180 days have elapsed since the previous violation was committed, calculated from the date the worker is Informed of the penalty for that violation.(A/68)
    3. A worker may not be accused of any offense discovered after the elapse of more than 30 days, nor shall he be subjected to a disciplinary penalty after the elapse of more than 30 days from conclusion of the investigation and establishment of the worker's guilt.(A/69)
    4. 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.(A/70)
    5. A worker may not be fined for a single violation an amount in excess of a five-day wage.(A/70)
    6. No more than one penalty shall be applied for the same violation.(A/70)
    7. No more than a five-day wage shall be deducted from his wages in one month in payment of fines.(A/70)
    8. May not stop working for a period of work without pay more than 5 days in the month.(A/70)
    9. 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.(A/71)
    10. 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.(A/72)
    11. 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.(A/72)