The
English version of this document is for guidance only.
The Arabic version is the governing text.
Chapter
One:
General
Provisions
Article
1
This
Law shall be called the Labor Law.
Article
2
The
provisions of this Law shall apply to:
-
Any contract under which any
person undertakes to work for the account of an employer
under the latter's direction or control in consideration
of a wage.
-
Contracts of apprenticeship
(industrial indentures).
-
Workmen of the Government,
local authorities, charitable institutions, and public organizations.
Article
3
By
way of exception, the provision of this Law shall not apply
to:
-
Workmen in family enterprises
which include only members of the employer's family.
-
Persons working in pastures
or agriculture, with the exception of:
-
Persons working in agricultural
establishments which process their own produce.
-
Persons who are permanently
engaged in the operation or repair of mechanical equipment
required for agriculture.
-
Domestic servants and persons
regarded as such.
Article
4
In
the absence of a special provision to the contrary, the provisions
of Chapter Eight and Articles 164, 165, and 166 shall not
apply to the following:
-
Workmen employed in non-mechanized
establishments which normally employ less than five workmen,
where the work does not cause any of the occupational diseases
included in the Schedule of Occupational Diseases.
-
Seamen and skippers employed
on ships of less than 500 tons, who are subject to the provisions
of Part 11 of the Commercial Regulations (Maritime Trade)
sanctioned by Royal Order No.32, dated 15 Muharram 1350
[3 June 1931].
Article
5
The
Minister of Labor may consider all or any of the following
establishments to be governed by the provisions of the Articles
and Chapters mentioned in Article 4 of this Law:
-
Any establishment employing
juveniles.
-
Any establishment employing
women.
Article
6
It
is illegal to violate the provisions of this Law or to prejudice
any other rights acquired by the workmen by virtue of any
other regulations or concession agreements, Labor contract
or any other agreements, or by virtue of any arbitration award
or Royal Order, or in accordance with generally accepted practice
or with what has been habitually granted by the employer to
his workmen in a given area or areas.
Any
stipulation in a contract or agreement whereby the workman
waives any right established in his favor by virtue of the
provisions of this Law shall be null and void, even if such
stipulation was made prior to the effective date hereof.
Article
7
In
this Law, the following terms and expressions shall have the
meanings set forth below:
-
An "Adult" is a
person who has completed eighteen years of age.
-
An "Adolescent"
is a person who is more than fifteen years old but has not
completed eighteen years of age.
-
A "Juvenile" is
a person who has not completed fifteen years of age.
-
The "Commission"
is the Commission for the Settlement of Labor Disputes formed
under the provisions of Chapter Eleven of this Law, and
the "Chairman of the Commission" is the official
who heads this Commission.
-
"Continuous Service"
is the uninterrupted service with the same employer or his
legal successor from the date of commencement of service.
Service shall be regarded as continuous in the following
cases:
(a)
Regular vacations or leaves authorized by the employer.
(b)
Where, for legitimate excuse, the workman absents himself
from work for intermittent periods totaling not more than
thirty days a year.
(c)
Where the workman stops working for a reason imputable to
or emanating from the employer, with which the workman had
nothing to do.
-
"Wage" is all that
is given to the workman in consideration of his work under
a labor contract, whether written or unwritten, regardless
of the nature of the wage, whether it is in cash or in kind
and payable monthly, weekly, daily, or on a piecework basis,
or on the basis of the number of work hours or the amount
of production; regardless of whether all or any part of
such wage consists of commissions or tips where the latter
are paid in accordance with generally accepted practice
and where there are rules permitting the accurate calculation
thereof.
-
In general, wages shall include
all increases and allowance of any kind, including the high
cost of living allowance and the family allowance.
-
A "Workman" is any
person working for the account of an employer under the
latter's direction or control, even though he may not be
under the employer's direct supervision, in consideration
of a wage.
-
An "Employer" is
any natural or juristic person employing one workman or
more in consideration of a wage.
-
An "Apprentice"
is any person who joins the service as an employer for the
purpose of learning a trade or craft.
Article
8
If
the employer entrusts to a natural or juristic person one
of his principal operations or any part thereof, the latter
shall give his workmen all the rights and privileges granted
by the employer to his own workmen, and both shall be jointly
and severally responsible for such rights and privileges.
Article
9
Both
the employer and the workman shall know all the contents of
the Labor Law so that each shall know where he stands and
be aware of his rights and obligations. In addition, there
shall be displayed at a conspicuous place in every establishment
employing twenty or more workmen a set of rules, duly approved
by the Ministry of Labor, for the purpose of regulating the
work in the establishment, and containing the following:
-
Classification of the workmen
according to their occupational categories.
-
Work periods and hours, official
holidays, weekly day of rest, and pay days for the various
categories of workmen.
-
Work shifts.
-
Rules governing attendance,
tardiness, absence, entry into and exit from the places
of work, and inspection.
-
Vacations and eligibility
therefor.
-
Any other details required
by the nature of work in the establishment.
-
There shall also be displayed
at a conspicuous place in the establishment a set of disciplinary
rules listing the acts, offences, acts of insubordination
and the workman's obligations, and the corresponding cash
penalties or disciplinary actions, in accordance with the
standard disciplinary rules to be issued by the Minister
of Labor. Such rules and any amendments thereto shall not
become effective except after they have been approved by
the Ministry of Labor.
Article
10
The
employer or responsible manager shall keep at the place of
work records and rosters showing the full name of each workman
as well as his nationality, trade or occupation, his date
of birth or age, place of residence, family status, date of
commencement of his service, his wages and wage supplements,
any changes in the workman's status, and any penalties imposed
on him and the relative investigation reports, his regular
work hours and overtime, the vacations and benefits in cash
or in kind that he receives, the date of termination of his
services and the reasons for such termination, the indemnities
received by the workman on account of such termination, and
such other necessary information as relate to the implementation
of the provisions of this Law, particularly those pertaining
to the employment of juveniles and women and to labor injuries
and occupational diseases.
Article
11
In
the event there are several partners or managers in any establishment,
one of them, who is a resident of the place of work, shall
be appointed to represent the employer and be responsible
for any violation of the provisions of this Law. The appropriate
Labor Office shall be informed of the name of such partner
or manager who shall remain responsible before the said Labor
Office until it is informed of his replacement by another
notice.
Article
12
In
the event of any complaint against any of the officials who
are charged with the enforcement of the provisions of this
Law in connection with the discharge of their official duties,
such complaint shall be investigated by a Commission of three,
one of whom shall be selected by the Minister of Labor, while
the second shall be from the Personnel Bureau and the third
an administrative investigator designated by the Grievance
Board or by any judicial authority replacing it.
If
the investigation reveals that complaint is false or vexatious,
the complainant shall, by a decision of the Commission, be
punished with a fine of not less than five hundred riyals
and not more than twenty thousand riyals. If the complaint
against the official if found to be valid, the Commission
shall submit a report to this effect to the Minister of Labor
so that he may issue his instructions for the necessary action
to be taken in accordance with the statutory provisions in
force.
Article
13
No
complaint shall be heard by any Commission in respect of violations
of the provisions of this Law or of the rules, decisions or
orders issued in accordance therewith, after the lapse of
twelve months from the date of the occurrence of such violation.
No case or claim relating to any of the rights provided for
in this Law shall be heard after the lapse of twelve months
from the date of termination of the contract. Also, no action
or claim relating to any of the rights provided for in any
previous regulations shall be heard after the lapse of one
full year from the effective date of this Law.
Article
14
Actions
arising under the provisions of this Law shall be heard expeditiously.
The Commission may order the losing party to pay the other
party all or part of the expenses incurred by the latter.
Article
15
The
amounts to which the workman or his dependents are entitled
under the provisions of this Law shall be considered first-class
privileged debts, and for the recovery thereof the workman
or his heirs shall have a priority right over all the employer's
property. In the event of the employer's bankruptcy or the
liquidation of his establishment, such amounts shall be recorded
as privileged debts, and the workman shall be paid immediately
a portion equivalent to one month's pay before payment of
any other costs, including judicial bankruptcy or liquidation
costs.
Article
16
Arabic
is the language to be used in all resolutions, records, registers,
files, statements, and other documents provided for in this
Law, or in any decision or order issued in application of
the provisions hereof, as well as in any instructions or circulars
issued by the employer to his workmen. In the event a foreign
language is used by the employer along with the Arabic language,
the Arabic text shall prevail at all times.
Article
17
All
periods and time-limits provided for in this Law shall be
computed on the basis of the Hijrah Calendar, unless another
calendar is agreed upon.
Article
18
Before
the commencement of work in any establishment, the employer
shall furnish the appropriate Labor Office with the following
information in writing:
-
Name type and location of
the establishment and the address to which communications
shall be sent.
-
Nature of the work to be carried
out or likely to be carried out by the establishment.
-
The number of workmen to be
employed in the establishment.
-
Name of the responsible manager
of the establishment.
-
Any other information required
for the proper enforcement of this Law.
Information
concerning establishments existing at the time this Law is
put into effect shall be sent within three months from the
effective date hereof.
Article
19
In
the event the responsible manager is replaced, the employer
shall notify the appropriate Labor Office in writing of the
name of the new manager within seven days from the latter's
assumption of his duties. If no one has been appointed as
a responsible manager of the establishment, or if the person
so appointed has not assumed his duties, then the person who
actually performs the manager's duties or the employer himself
shall be regarded as a responsible manager of the establishment.
Article
20
Within
the meaning of this Law, a month shall be reckoned as thirty
days unless otherwise provided.
Article
21
Physicians
for the issuance of the necessary certificates shall be selected
by consultation between the Minister of Labor and the Minister
of Health.
Article
22
It
is illegal for any workman or employer to do any act that
may constitute an abuse of any of the provisions of this Law,
or of the decisions and rules issued in execution of the provisions
hereof. It is also illegal for any workman or employer to
do any act that may bring pressure to bear on the freedom
of the other or on the freedom of other workmen or employers
with the object of realizing any interest or supporting any
point of view which they adopt and which is inconsistent with
the freedom of work and the jurisdiction of the authorities
concerned with the settlement of disputes.
Any
offender shall be liable to the penalties provided for in
this Law and in the general regulations.
Chapter
Two
Labor
Inspection
Article
23
Labor
inspection shall be undertaken by competent inspectors to
be designated by decision of the Minister of Labor.
They
shall have the powers and functions provided for in this Law.
Article
24
Labor
inspection shall have the following functions :
-
Supervising the proper enforcement
of the provisions of the Labor Law, particularly as regards
work conditions, wages, control and protection of workmen
on the job, the workmen's health and safety, and the employment
of juveniles.
-
Furnishing employers and workmen
with the information and technical guidance that will enable
them to adopt the best means for the enforcement of the
provisions hereof.
-
Informing the competent authorities
of the deficiencies which the provisions in force fail to
remedy, and suggesting the necessary action.
-
Recording violations of the
provisions of the Labor Law and of the decisions issued
in application hereof.
Article
25
Labor
inspectors, shall, before assuming their official duties,
take the oath before the Minister of Labor to discharge their
duties honestly and faithfully and not to disclose the secret
of any industrial invention or any other secret which may
come to their knowledge by reason of their offices, even after
they cease to have any connection with such offices. Labor
inspectors shall carry identification cards to be provided
them by the Ministry.
Article
26
Employers
and their agents shall extend to inspectors and other officials
charged with Labor inspection the necessary facilities to
enable them to perform their duties, and shall furnish them
with any information they may require, respond to any summons
to appear before them, and send a delegate to appear on their
behalf if they are so required.
Article
27
Labor
inspectors shall have the right to :
-
Enter any establishment that
is subject to the provisions of the Labor Law at any time
during the day or night without prior notice, provided that
such entry shall be made during working hours.
-
Conduct any examination or
investigation that may be necessary to ascertain he proper
enforcement of the Law.
They
may in particular:
First:
Question
the employer or the workmen separately or in the presence
of witnesses about any matter relating to the enforcement
of the provisions of the Law.
Second:
Examine
all books, records, and documents required to be kept under
the provisions o the Labor Law and of the decisions issued
hereunder, and obtain any copies or extracts therefrom.
Third:
Take
a sample or samples of the materials used or handled in
the industrial and other operations that are subject to
inspection, if such materials are believed to have a harmful
effect on the health or safety of the workmen, for the purpose
of having such samples analyzed in Government laboratories
and determining the extent of such effect, duly notifying
the employer or his representative of their action.
Fourth:
Ascertain
that notices and communications required to be posted under
the Law are duly posted.
Article
28
The
Ministry of Labor shall prepare the appropriate Rules of implementation
for the control and regulation of the inspection operations
provided for in the preceding Article, and such Rules shall
be issued by a decision of the Council of Ministers.
Article
29
The
person performing the inspection shall notify the employer
or his representative of his presence, unless he believes
that the matter for which he is making the inspection calls
for a different course of action.
Article
30
A
labor inspector shall have the right to order employers or
their agents to make modifications in the operating rules
pertaining to the plant and equipment used in their establishment
within the periods prescribed by the inspector in order to
insure the proper application of the provision pertaining
to the health and safety of the workmen. Where there is an
imminent danger threatening the workmen's health and safety,
the inspector may require the immediate adoption of whatever
measures he may deem necessary to forestall such danger.
Article
31
Labor
inspectors shall treat any complaints reaching them in respect
of any deficiency in the plant or any violation of the provisions
of the Law as strictly confidential and shall not disclose
to the employer or his representative the existence of such
complaints.
Article
32
If,
in the course of his inspection, the inspector finds that
a contravention of the Labor law or of any decisions issued
hereunder has been committed, he shall prepare a report in
duplicate setting forth the contravention and shall submit
such report to the Director of the Labor Office for necessary
action against the offender.
Article
33
The
Director and inspectors of the Labor Office may, where necessary,
call upon competent administrative authorities and members
of the police force to provide whatever assistance may be
required.
If
the inspection relates to the health aspects of the work,
the inspector shall, with the approval of the Director of
the Labor Office, take with him a competent physician from
the Ministry of Labor or the Ministry of Health.
Article
34
The
Chief of Labor Inspection in the area shall prepare a monthly
report on the labor inspection activities, the aspects of
inspection, the establishments inspected and the number and
nature of the violations committed. He shall also prepare
an annual report on inspection in the area and the results
and effects thereof, in which he shall include his comments
and suggestions. A copy of both the monthly and the annual
reports shall be sent to the Ministry of Labor.
Article
35
The
Deputy Ministry for Labor shall prepare an annual report on
inspection in the Kingdom. Such report shall include all matters
relating to the Ministry's control over the enforcement of
the provisions of the Labor Law, particularly the following
matters:
-
A statement of the provisions
covering inspection.
-
A list of the officials in
charge of inspection.
-
Statistical data on the establishments
that are subject to inspection nd the number of workmen
therein.
-
Statistical data on the number
of visits and inspection tours made by the inspectors.
-
Statistical data on the contraventions
committed and the penalties to which the offenders were
sentenced.
-
Statistical data on Labor
injuries.
-
Statistical data on occupational
diseases.
Article
36
The
Ministry shall prepare forms for contravention reports, inspection
records, notices and warnings, and shall lay down the necessary
rules for the safekeeping and use of such forms and for their
distribution to all the Labor offices in the various areas.
Article
37
In
addition to the general requirements for the employment of
Government employers, the Labor inspectors must satisfy the
following requirements:
-
They shall be completely impartial.
-
They shall not have any direct
interest in the establishments inspected by them.
-
They shall pass a special
professional examination following a training period of
not less than three months.
Article
38
The
training of labor inspectors and controllers shall be conducted
in special training courses to be organized by the Ministry.
Attention shall be given in those courses to training the
inspectors in the following matters in particular:
-
Principles of the organization
of inspection visits and of contacts withemployers and workmen.
-
Principles of auditing books
and records.
-
Principles of counseling the
employers in the requirements of the statutory provisions
and the benefits to be derived from their application, and
assisting the employers in such application.
-
Fundamental principles of
industrial technology and means of protection against labor
injuries and occupational diseases.
-
Fundamental principles of
productivity and the relation it bears to the extent of
providing the favorable conditions for the performance of
the work.
Chapter
Three
Combating
Unemployment,
and the Vocational Rehabilitation of the Disabled
First:
Employment Offices
Article
39
The
Ministry shall set up employment offices in locations suitable
for both the employers and workmen. Such offices shall be
under the supervision of the Ministry and shall offer their
services free of charge for the purpose of assisting workmen
in finding suitable jobs and assisting employers in finding
suitable workmen.
The
employment offices shall collect and analyze the necessary
information on the position and development of the labor market
so that such information may be available to the various public
and private organizations concerned with economic and social
planning. Such offices shall perform the following duties:
-
Recording the names of applicants
for jobs, indicating their vocational qualifications and
experience, as well as their duties.
-
Obtaining information on vacant
jobs from employers.
-
Referring workmen's applications
to suitable vacancies.
-
Extending advice and assistance
to job applicants concerning vocational training or re-training
required to obtain the vacant jobs.
-
Facilitating the transfer
of the workman from one occupation to another.
-
Such other matters as may
be determined by the Deputy Minister for Labor.
Article
40
No
person shall act as an employment agent or as a contractor
to supply workmen unless he is permitted to do so by the Deputy
Minister for Labor and is in possession of an annual license
which shall be renewable at the discretion of the competent
authority which shall control his activity. No such license
shall be granted where there is an employment office belonging
to the Ministry or to an organization approved by the Ministry
operating in the area and capable of acting as an intermediary
for the supply of the necessary labor.
Article
41
The
employment agent or the labor supplier may not demand or accept
from any workman, whether before or after his employment under
a labor contract, any money or material reward in return for
the workman's employment, or to collect from the workman any
costs except as may be decided and approved by the competent
authorities. The workmen supplied by the employment agent
or labor contractor (labor supplier) shall, immediately upon
their engagement by the employer, be regarded as employed
by the latter an shall have all rights and privileges of the
original workmen of the establishment. The relationship between
them and the employer shall be direct without any intervention
by the labor supplier whose mission and relation with the
workmen shall end immediately upon presenting them to the
employer.
Article
42
The
employer shall inform the appropriate Labor Office, by registered
letter or by any other means proving receipt, of vacancies
and newly-created jobs of any kind, and shall give the kind
and location of each job, the wage allotted to it, the job
requirements and the date fixed for filling it. Such notice
shall be given within a period not exceeding ten days from
the date on which the job becomes vacant or is created.
Article
43
The
employer shall send to the appropriate Labor Office during
the month of Dhu al-Hijjah of each year the following annual
statements:
-
A statement showing the number
of his workmen, and the names, job, occupation,
rate of pay, age, nationality, and the number and date of
work permit of each.
-
A statement of the vacant
and newly-created jobs and positions, and the kind and rate
of pay of each, the jobs that have been filled and the reasons
for not filling the rest during the year preceding the date
of such statement.
-
A report on the condition,
circumstances, and nature of the work, and the expected
decrease or increase in the number of jobs during the year
following the date of such report.
Article
44
Without
prejudice to the conditions laid down in concession and other
agreements and orders regarding training, education, and scholarships,
every employer employing one hundred or more workmen shall
train in technical jobs a number of his Saudi workmen that
is not less than 5% of the total number of his workmen, in
accordance with a training program to be prepared by the Ministry
of Labor.
The
Minister of Labor shall, by decision, prescribe the rules
and conditions to be observed in such training and shall indicate
the minimum and maximum training periods, and set forth the
curricula of the theoretical and practical training, the method
of testing and the certificates to be granted in this regard.
Article
45
The
number of the Saudi workmen of the employer shall not be less
than 75% of the total number of his workmen, and their wages
shall not be less than 51% of the total wages of his workmen.
If
technical skills or educational qualifications are not available,
the Minister of Labor may reduce this ratio temporarily.
Article
46
The
Minister of Labor may, if necessary, require employers in
certain industries or occupations or in certain areas not
to hire workmen except through the employment offices, subject
to the terms and conditions he shall prescribe in a decision.
Article
47
A
decision of the Minister shall determine the rules and procedures
governing the conduct of business at the employment offices,
and shall prescribe the forms of the Records, notices and
other documents handled by such offices, as well as job classification
schedules in accordance with the international job classifications,
which shall serve as basis for the organization of employment
operations.
Second:
Employment of Foreigners
Article
48
Work
is a right of the Saudi national and may not be exercised
by other except after fulfillment of the conditions provided
for in this Chapter. Saudi workmen are equal in their right
to work in all areas of the Kingdom without discrimination.
Article
49
No
foreigners shall be brought into the country to work nor may
he be permitted to work with companies and private establishments
except after the approval of the Minister of Labor and after
securing a work permit in accordance with the form, procedures,
and rules to be prescribed by the Minister of Labor. Such
permit shall not be granted except after fulfillment of the
following conditions:
-
That the workman shall have
entered the country in a legal manner and shall have satisfied
the conditions prescribed in the Residence Regulations.
-
That he shall possess the
vocational skills and educational qualifications of which
the Country is in need, provided that the nationals possessing
such qualifications are either lacking or insufficient in
number.
-
That he shall be under contract
with and guaranteed by a Saudi employer, or a non-Saudi
employer authorized under the Regulations for the Investment
of Foreign Capital, or shall be a member of a liberal profession,
guaranteed by Saudi national, or under contract with and
guaranteed by a concessionaire company.
The
term "work" as used in this Article shall mean any
industrial, commercial, agricultural, financial, or other
work, and any service, including domestic service.
Article
50
In
accordance with the conditions, rules and periods to be determined
by the Minister of Labor, every employer shall vocationally
prepare his Saudi workmen to replace non-Saudis, by improving
their standard in technical jobs performed by non-Saudis so
that the Saudi workman may be able to replace the non-Saudi.
The employer shall keep a register in which he shall record
the names of the Saudi workmen who have replaced non-Saudis.
Third:
Vocational Rehabilitation of the Disabled
Article
51
A
disabled person is any person whose capacity to perform and
maintain a suitable job has actually diminished as a result
of a physical or mental infirmity.
Article
52
"Vocational
rehabilitation" shall mean the services provided to the
disabled personal to enable him to regain his capacity to
perform his original work or any other work which suits his
condition.
Article
53
The
Minister of Labor shall, in agreement with the Ministries
and establishments concerned, set up and organize the institutions
necessary to provide vocational training services. Such institutions
shall give the disabled workman who has been rehabilitated
a certificate confirming such rehabilitation. The information
to be contained in such certificate shall be determined by
a decision of the Minister of Labor.
Article
54
Any
employer who employs 50 or more workmen, and the nature of
whose work allows him to employ disabled workmen who have
been vocationally rehabilitated, shall employ such workmen
to the extent of 2% of the total number of his workmen, whether
through nomination by the employment offices or otherwise.
He shall send to the said office a statement indicating the
jobs and positions occupied by disabled workmen who have been
vocationally rehabilitated and the pay rate of each such workman.
Article
55
If
a workman sustains an injury resulting in disablement which
does not prevent him from performing a job other than his
previous job, the employer in whose service the injury occurred
shall assign such workman to a suitable job at the salary
fixed for such job, within 1% of his total work force, and
without prejudice to the workman's right to compensation for
his injury.
Fourth:
Contracts of Apprenticeship
Article
56
A
contract of apprenticeship is a contract whereby an employer
agrees to employ a young workman in order to train him methodically
in a certain trade or craft within a specified period during
which the apprentice is bound to work under the employer's
supervision.
Article
57
The
employer who employs apprentices shall be at least 21 years
old, of good reputation, and he, or the person in charge of
training, shall possess adequate qualifications and experience
in the subject trade or craft. The establishment itself shall
satisfy the appropriate technical requirements to provide
the apprentices with the necessary facilities for training
in the particular trade or craft.
Article
58
The
apprenticeship contract shall be made in writing, and shall
indicate the period of apprenticeship, its successive stages
and the wages due at each stage. Wages at the last stage shall
not be less than the minimum wages paid for similar work,
and shall under no circumstances be determined on a piecework
or production basis.
Article
59
The
apprenticeship contract shall be drawn up in at least three
copies, one copy of which shall be retained by each party,
and the third copy shall be deposited at the appropriate Labor
Office within one week from the date of signing the contract.
The official indisputable date of the contract shall be held
to be the date on which this copy is deposited and recorded
at the Labor Office. The contract shall be signed by the employer
or his official representative, and by the apprentice or his
legal or testamentary Guardian where the apprentice is under
16 years of age. Apprenticeship contracts shall be exempt
from registration fees and stamp duty.
Article
60
The
Minister of Labor may submit a proposal for determining those
trades and crafts in which apprentices shall be accepted,
the period of apprenticeship in each trade or craft, the theoretical
and practical programs to be followed, the conditions governing
examinations and the certificate to be given at the end of
the apprenticeship period, provided that such proposal shall
be approved by the President of the Council of Ministers.
Article
61
The
Minister of Labor shall have the right in all cases to designate
one expert or more in the trade or craft in which apprenticeship
is to be organized, in order to avail himself of the expert's
report in such organization.
Article
62
Before
commencing his apprenticeship, the apprentice shall submit
to a medical examination for the purpose of determining his
state of health and his ability to perform the work of the
trade wherein he wishes to be apprenticed. Where the trade
requires special physical and health conditions, the medical
report shall indicate that the candidate fulfills such special
conditions, whether they be physical or psychological.
Article
63
The
employer shall treat the apprentice as a good father, guiding
him and supervising his conduct. He shall advise his legal
or testamentary guardian of the serious errors committed by
the apprentice, as well as of his moral and temperamental
aberrations. The employer shall notify such guardian without
delay in case of the apprentice's illness or absence and in
any other cases requiring the guardian's quick intervention.
He shall not use the apprentice except in the operations and
services relating to his practicing and learning the trade
or craft.
Article
64
The
employer shall instruct the apprentice gradually and fully
in the principles and techniques of the trade or craft stipulated
in the apprenticeship contract, and shall at the end of his
apprenticeship, deliver to him a document acknowledging completion
of the apprenticeship.
Article
65
The
apprentice shall observe his master's instructions and advice
with due respect and politeness, and he shall cooperate with
him and assist him within the limits of his capacity and ability.
Article
66
The
employer may cancel the apprenticeship contract if he feels
that the apprentice does not have the aptitude or ability
to usefully complete his apprenticeship. The apprentice and
his legal guardian shall also have this right. The party wishing
to cancel the contract shall so notify the other at least
one week before the date of cessation of the work.
Article
67
In
the establishments, industries and trades to be specified
by decisions of the Minister or Labor, the latter may oblige
such establishments, industries and trades to accept:
-
A number and specified proportion
of apprentices in accordance with the terms, periods and
conditions determined by the Minister under Articles 60
and 61.
-
A number and specified proportion
of students or graduates of industrial and vocational institutes,
for training and pursuance of practical experience, in accordance
with the terms, conditions, periods and wages to be specified
in an agreement to be concluded between the Ministry and
the management of the establishment concerned.
Article
68
The
Council of Ministers may, by decision, impose a fiscal charge
called "the Vocational Training tax" on the industrial
and trade establishments whose occupational fields and number
of workmen shall be determined in such decision on the recommendation
of the Minister of Labor. The proceeds of the vocational training
tax shall be appropriated to finance the existing training
establishments and their institutes, and to create new establishments
an institutes where necessary.
Article
69
The
employer shall have the right either to retain the apprentice
in his service after completion of his apprenticeship period,
or not to employ him. Similarly, the apprentice shall have
the right either to remain in the employer's service after
completion of the apprenticeship period, or to leave such
service, unless otherwise provided in the apprenticeship contract.
[continued:
Chapters Four, Five and Six]
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