Legal rights of employees according to Labor LawLast updated: Wednesday, March 27, 2013 10:55 AM Al-Watan/Saudi Gazette DAMMAM — A number of human resources managers said that some large companies regularly violate labor regulations because many employees remain unaware of their legal rights. Muhammad Al-Salim, a human resources manager, said many companies breach labor regulations because they take advantage of the fact that their employees are not aware of these regulations. He gave an example of a company which imposes certain bylaws without the Ministry of Labor’s approval on them. Other companies assign tasks to employees different from the ones mentioned in the employment contract. Yet, some have employees work for extra hours and do not pay them overtime. There are companies which hire employees and do not give them a copy of their employment contracts. Amendments Al-Salim said the requirements stated in the Labor Law stipulate that a job applicant should be a Saudi citizen in possession of proper academic qualifications and expertise, someone who can pass the job interview and submit a medical report proving he is fit for the job. However, in some cases it is legal to hire non-Saudi applicants as per Articles 26, 32, and 33 of the Labor Law. This applicant should have a valid iqama. Contract and trial period Al-Salim said the trial period should be clearly stated in the contract and should not exceed 90 days. The Labor Law states that employee should complete a 90-day probationary period after which the company can either hire him if he is qualified, or terminate the contract if he is not fit for the job. In the latter case, the company is not obliged to pay the employee any compensation for terminating the contract; however, the employee has the right to object to such termination through legal channels. Transfer to another workplace Al-Salim warned against the frequent breaches made by some companies regarding transferring employees to different workplaces. He said an employee should not be transferred to different workplace unless there is a legitimate reason for that and the nature of work calls for it. Moreover, companies should not assign employees with extra tasks and duties unless such step is necessary for the progress of work. New assignments should be temporary and should not exceed 30 days each year. Training violations Salih Al-Juwayer, employment agent, said Article (18) of the Labor Law stipulates that companies should train their Saudi staff and qualify them for the job before they replace expatriates. Saudi employees should be offered periodic training inside and outside the Kingdom and their skills should be developed. Companies should bear the costs of training, travel tickets, and living expenses for their Saudi employees. However, if an employee fails to complete the training program or if the company decides he should not complete his training, he must pay back the company all the amounts incurred for his training. Wages and salaries Each company should pay its employees’ salaries and wages on time and without any delay. If an employee receives a monthly salary, he must be paid the salary at the end of each month. If he receives a daily wage, he must be paid at the end of each week. If a company terminates the contract of an employee, it must pay him all his financial entitlements without delay. But if an employee resigns, he must be paid within seven days of the date of leaving the job. Regarding overtime pay, it must be paid within three days after the last day of the employee has worked overtime. Article (25) of the Labor Law stipulates the employee must sign a document proving that he has received the overtime wages. Work days Fahd Al-Otaibi, employment agent, said concerned authorities will shorten work days in the private sector from six to five to be in line with other countries around the world. The law also stipulates that an employee must not be asked to work over 11 hours on the same day. Also, work hours should be displayed in conspicuous places and so should shift hours. Employees must not be asked to work more than five hours without taking half an hour as a break or an hour and a half during the entire duration of work hours. Additional conditions Al-Otaibi said most companies do not follow the law when it comes to overtime wages. An employee should be sent a statement with the required overtime hours and the number of days, according to Article (106) of the Labor Law.
Posted on: Sat, 16 Nov 2013 03:01:51 +0000