Labor Law - 1389

Chapter 1: General Provisions

Article 3

  • Exempted from the application of the provisions of this law are:

  • A- Workers in family establishments that consist solely of the employer's family members.

  • B- Individuals engaged in grazing or agriculture, except for:

    • 1- Individuals working in agricultural institutions that manufacture their products.

    • 2- Those who are permanently engaged in operating or repairing the mechanical machines necessary for agriculture.

  • C- Domestic servants and those in similar positions.

Article 4

  • Unless there is a specific provision, the provisions of Chapter Eight and Articles (164, 165, 166) do not apply to the following:

  • A- Workers who are employed in establishments that are not operated by mechanical machines and typically use fewer than five workers, and are not engaged in activities that result in occupational diseases as specified in the schedule of occupational diseases.

  • B- Sailors and captains who work on vessels with a capacity of less than five hundred tons, who are subject to the provisions of Chapter Two of the Commercial Law (Maritime Trade) approved by the Royal Order No. (32) dated 15 Muharram 1350 AH.

 

Article 5

  • The Minister of Labor shall consider all of the following institutions or some of them as institutions that are subject to the provisions of the articles and chapters specified in Article 4 of this Law, namely:

  • 1- Any institution that employs minors.

  • 2- Any institution that employs women.

 

Article 6

  • The provisions of this Law shall not be infringed upon, nor shall the Employee acquire any other rights under any other law, concession agreements, any employment contracts, any other agreements, arbitration decisions, royal orders, customary practices, or what the employer has been accustomed to granting to Employees in a specific area or areas.

Article 7

  • The following phrases or terms in this Law are defined as follows:

  • 1- (Adult) is a person who has reached the age of eighteen years.

  • 2- (Adolescent) is a person who has surpassed the age of fifteen but has not yet reached eighteen years.

  • 3- (Juvenile) is a person who has not yet reached the age of fifteen years.

  • 4- (Committee) is the Labor Dispute Settlement Committee established under the provisions of Chapter Eleven of this Law, and (Chairman of the Committee) is the employee who presides over it.

  • 5- (Continuous Service) is the uninterrupted service with the same employer or their legal successor from the date of commencement of service, and service is considered continuous in the following cases:

    • A- Statutory or authorized leave granted by the employer.

    • B- Cases of the employee's absence from work for a legitimate reason for intermittent periods not exceeding a total of thirty days in a year.

    • C- Cases where the employee stops working due to an obstacle from the employer or caused by them, with no involvement from the employee.

  • 6- (Wage) is everything given to the employee in return for their work under a written or unwritten employment contract, regardless of the type of wage, whether in cash or in kind, paid monthly, weekly, daily, by piece, or based on working hours or the amount of production, whether all or part of it includes commissions or gifts if it is customary to pay them and there are rules that allow for their regulation. In general, the wage includes all increases and allowances of any kind, including cost of living allowances and family burden compensation.

  • 7- (Employee) is any person who works for the benefit of the employer and under their management or supervision, even if they are away from their direct oversight, in exchange for a wage.

  • 8- (Employer) is any natural or legal person who employs one or more employees in exchange for a wage.

  • 9- (Trainee) is any person who joins the service of an employer with the intention of learning a craft or trade.

Article 8

  • If the employer entrusts any natural or legal person with performing any of its original tasks or part of them, the latter must provide its workers with all the rights and benefits that the original employer grants to its workers, and both shall be jointly liable for them.

Article 9

  • The employer and the employee must be aware of the provisions of the Labor Law in all its contents so that each of them is informed of their rights and obligations. Furthermore, a certified regulation must be placed in a visible location in every establishment employing twenty or more employees, approved by the Ministry of Labor, to organize work in the establishment, which includes the following:-

  • A- Classification of employees according to their professional categories.

  • B- Working hours, official holidays, and the weekly day off. And the days for wage payments for different categories of employees.

  • C- Work shifts.

  • D- Rules regarding attendance, lateness, absence, entry to workplaces, departure, and inspection.

  • E- Leave and the conditions for entitlement to it.

  • F- Any other details required by the nature of the work in the establishment.

  • Additionally, a list of penalties must be placed in a visible location in the establishment, which includes actions and violations, non-compliance with orders, and obligations assigned to the employee, along with corresponding monetary or disciplinary penalties according to the model penalty list issued by the Minister of Labor. These regulations or any amendments to them shall not take effect until they are approved by the Ministry of Labor.

 

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