The
English version of this document is for guidance only.
The Arabic version is the governing text.
Chapter
VII
Protection
and Social Services
Article
128
Every
employer shall take the necessary precautions for the protection
of workmen from hazards and diseases resulting from the work
and the machinery used, and for the protection and safety
of the work. The employer may not charge the workmen or withhold
from their wages any amount in return for providing such protection.
Article
129
Every
employer shall observe the following rules:
-
The establishment shall be
kept clean and in a sanitary condition and free from obnoxious
odors which may emanate from sewers or any other source.
-
Work rooms in the establishments
shall be ventilated and an area and a sufficient space for
breathing shall be provided in accordance with the health
levels and standards to be determined by the Minister of
Labor.
-
Necessary precautions shall
be taken to protect workmen from injuries resulting from
any gas, dust, smoke or any other waste which may be generated
in the course of the work.
-
The establishment shall be
adequately lighted during working hours.
-
Water closets shall be provided
in places where they may be easily accessible, at the rate
of one water closet for every fifteen workmen or less.
-
An adequate supply of potable
water shall be provided at suitable places.
-
An adequate supply of water
and facilities shall be provided for the workmen to wash
themselves.
Article
130
If
the work exposes any person working on it to a physical injury,
poisoning or disease, the Minister of Labor may issue decisions
to determine such work and the measures that the employer
must take to protect the workmen. The employer or whoever
may be acting on his behalf shall inform the workman upon
his employment of the hazards of his occupation and of the
precautionary measures which he must take.
Article
131
The
employer must always and continuously enclose, within suitable
protective guards all moving parts of power generators and
transmission gears, as well as the dangerous parts of machines,
whether they are stationary or mobile, unless these parts
are so designed or installed as to provide full protection.
He must also fence the manholes and all obstructions that
may expose workmen to the danger of falling or collision.
Article
132
The
employer shall be responsible for incidents and accidents
which may cause injury to persons other than his workmen,
who enter the places of work by virtue of their official duties
or wit the consent of the employer or his agents, if such
injury is due to his having neglected to take the technical
precautions which the nature of his work requires, and he
shall compensate tem for the damage they may suffer, in accordance
with general regulations.
Article
133
Every
employer shall take the necessary precautions against fire
and shall provide the technical means to combat it, including
safety exits which he shall maintain in a serviceable condition
at all times.
Article
134
The
employer shall provide first-aid services for the workmen
in accordance with the standards to be determined by the Minister
of Labor in collaboration with the Minister of Health. If
the number of his workmen in a single location or town, or
within a radius of fifteen kilometers, exceeds fifty, he shall
employ a nurse who shall be familiar with first-aid services
and shall be exclusively assigned to rendering such services;
the employer shall assign a physician to examine and treat
the workmen at the place to be provided by the employer for
this purpose and the employer shall provide them with the
medicines necessary for their treatment. The aforementioned
services shall be free of charge whether during working hours
or otherwise. If in the cases mentioned above, the number
of workmen exceeds a hundred, the employer shall, in addition,
provide them with all other means of treatment in cases requiring
treatment by specialists or performance of surgical or other
operations.
In
case operations are performed as well as in cases of incurable
diseases, the expenses shall be taken from the Social Insurance
Fund. The costs of treatment, medicines and hospitalization
in government or charitable hospitals as well as the party
who will assume such costs, shall be determined pursuant to
the decision to be made by the Minister of Labor in agreement
with the Minister of Health, or to the rules laid down in
the Social Insurance law.
However,
if the number of workmen is less than fifty, the employer
must provide the workmen with a medical aid cabinet which
shall be maintained in a good condition and shall contain
the bandages medicines, and antiseptics to be determined by
the Minister of Labor in agreement with the Minister of Health,
in order to provide the workmen with first aid.
Article
135
Every
employer who employs more than fifty workmen shall inform
the appropriate Labor Office of the name of the physician
whom he has selected to treat his workmen. In case he employs
more than a hundred workmen, he shall inform the Office of
the names of the physicians and specialists whom he has selected
to treat his workmen, and of the names of the hospitals which
he has designated for that purpose. In both cases, he must
notify the appropriate Labor Office of the minimum number
of days fixed for the examination of workmen, provided that
this minimum shall nor be less than three times a week.
Article
136
Every
employer shall prepare for each workman a medical file showing
the result of the medical examination performed on the workman
upon his employment, a description of the cases of his illness,
the stages of his treatment, and the periods of his absence
from work, provided that mention shall be made in the file
of the kinds of ordinary and occupational diseases and labor
injuries.
Article
137
The
employer who employs fifty workmen or more must set up for
his workmen a savings and thrift plan to be approved by the
Ministry of Labor, provided that the workman's participation
in such a plan shall be voluntary. He shall provide them at
his expense with suitable rest and recreational facilities
in accordance with the specifications to be determined by
the Minister of Labor.
If
he employs five hundred or more workmen, the Minister of Labor,
after taking into consideration the nature and conditions
of the work areas and the number of the workmen therein, may
decide that the employer shall carry out at his expense all
or part of the following:
-
Provide shops for the sale of food,
clothes and other necessary commodities at moderate prices
in work areas where such shops are not ordinarily available.
-
Provide parks and, athletic fields
annexed to the place of work, as well as cultural libraries
for the workmen.
-
Make the necessary medical arrangement
for the proper protection of the health of the workmen and
for the comprehensive treatment of their legal dependants
with due regard to the provisions of the Social Insurance
Law.
-
Provide schools for education of the
workman's children, if no adequate schools are available
in the area, and provide mosques in the place of work.
-
Set up programs to combat Illiteracy
among the workmen.
-
Prepare rules agreeable to the Ministry
of Labor for the appointment and promotion of workmen and
for the allowances and benefits they receive.
Article
138
Concessionary
companies which entrust to contractors the execution of some
of their works, such as construction, maintenance, otherwise,
shall stipulate in the contract that the contractor shall
satisfy all the rights and assume all the obligations which
would accrue to the workmen if the concessionary company itself
performed such works.
Article
139
The
workmen of the contractors working for concessionary companies
shall be subject to the same basic work rules applicable to
the workmen of such companies, and shall benefit from all
grants, compensations and wage rates in force in such companies.
Article
140
Concessionary
companies shall assume legal liability toward the workmen
of their contractors in application of the provisions of the
two preceding articles, and they may, in return, withhold
from the price of the works entrusted to their contractors
such amounts as would guarantee such liability until the expiration
of the contract.
Article
141
In
all contracts where the contractors fail to apply the provisions
of the preceding articles, the Minister of Labor and Social
Affairs shall have the right to cancel such contracts by a
decision based on a report submitted by the Chief Labor Inspector
in the Ministry following a special investigation he shall
conduct.
Article
142
Every
employer shall provide means of transportation to carry his
workmen from their places of residence or from a given point
of assembly to the places of work and to return them daily,
if the places of work are reached by ordinary, regular means
of transportation.
Article
143
With
regard to workmen who perform work in places far removed from
inhabited areas, which shall be determined by a decision of
the Minister of Labor and Social Affairs, and especially those
working in mines, quarries and centers of oil exploration,
extraction or exploitation, the employer shall be obligated
to:
-
Provide the workmen with adequate living
quarters, so that some of these quarters shall be assigned
for married workmen. .The conditions and specifications
for such dwelling quarters, as well as the rates chargeable
to the workmen for using them, shall be determined by a
decision of the Minster.
-
Provide his workmen with three meals
a day at places which he shall establish for the purpose
and which shall be clean and meeting the sanitary requirements.
The kinds and quantities of food in each meal, and the cost
to be charged to the workman for each meal shall be determined
by a decision of the Minister. Where all or some of the
meals are served inside the mine, the food shall be served
to the Workmen hygienically wrapped or placed in tightly
covered containers. These meals may not be replaced by any
financial allowance.
-
Provide his workmen with medical, social
and cultural services which shall be determined by a ministerial
decision.
-
With regard to workmen who perform
work in exploration areas and live in camps, the employer
shall also provide his workmen, gratuitously and free of
charge, with camps suitable for living, and shall provide
them potable water and three meals a day at places meeting
sanitary conditions which he shall establish for the purpose.
The kinds and quantities of food in each meal shall be determined
by a decision of the Minister, and these meals may not be
replaced by any financial allowance.
-
In special medical cases and upon the
recommendation of a physician, the workman may request special
food that suits his special situation. If such request cannot
be fulfilled, he may demand a financial compensation in
lieu of the meal.
Article
144
Every
employer employing fifty or more workwomen shall provide a
suitable place entrusted to a female nurse qualified to care
for the workwomen's children who are under six years of age.
Chapter
VIII
Creation
of New Establishments
Article
145
Any
person who wants to construct buildings to be used in a new
project, to add any annexes to an existing mechanically-operated
project, to increase the mechanical power used in running
the project, or to convert existing buildings into a mechanically-operated
project, he shall, where he employs at least twenty workmen;
submit an application to the Ministry of Commerce and Industry
(Industrial Research Center) for the necessary license, to
which shall be attached the following:
-
A map of the site.
-
The design of the building.
-
A layout showing the locations of machines
and equipment, and their specifications.
-
The drawings or photographs of machines.
In
addition to the foregoing he shall submit any other information
that will clarify the nature of the work to be carried out
in the building: as will be requested by the Ministry of Commerce
and Industry.
The
maps of the buildings and site must contain derails on the
locations and dimensions of all doors, windows, ventilation
facilities, stairs, fire escapes and other sanitary facilities.
When the said Ministry is satisfied that the buildings, additions
or extensions conform to this Law and to the rules issued
hereunder, it shall give its final approval to the issuance
of the license, if the municipalities have no direct concern
in the matter. When necessary, the said Ministry may seek
the opinion of the Ministry of Health with regard to the health
aspect.
Article
146
If
the Labor Office finds that any building or any part thereof,
or any part of the roads, machines, or equipment in any establishment
is in such condition as to constitute a danger to human life
or safety, it may after consulting the Ministry mentioned
in the previous article, issue to the manager of the establishment
a written order requesting him to make the necessary repairs
within a specified period and to submit a technical report
showing that he has made such repairs on rime. The Labor Office
may, in its written order, specify the protective measures
deemed necessary to prevent any danger, and it may prohibit
the use of the machine or building which constitutes the source
of danger until it is repaired or replaced.
The
manager of the establishment may, within thirty days from
the date of his notification, appeal to the Minister of Labor
who shall, after consulting with the Minister of Commerce
and Industry, uphold, modify, or cancel the order. Lodging
the appeal shall not entail the suspension of the protective
measures ordered by the Labor Office, nor shall it entail
a stay of execution of the appealed order, unless the Minister
of Labor decides otherwise.
Chapter
IX
Working
hours - Weekly Rest Vacations
Article
147
A
workman shall not be employed for more than eight actual working
hours in any one day, or forty-eight hours a week, in all
months of the year, with the exception of the month of Ramadan
when actual working hours shall not exceed six hours a day
or thirty-six hours a week, exclusive of the intervals reserved
for prayer, rest and meals. The number of working hours may
be raised to nine hours a day in respect of certain categories
of workmen or in certain industries and operations where the
Workmen does not work continuously, such as seasonal establishments,
hotels, snack bars, restaurants and the like. The number of
daily working hours may be reduced for certain categories
of workmen or in certain industries or operations of a hazardous
or harmful nature. The categories of workmen, industries and
operations referred to in this article shall be determined
by decision of the Minister of Labor.
Article
148
Working
hours shall be scheduled that no workman shall work more than
five consecutive hours without an interval of rest, prayer
and meals which shall not be less than half an hour each time,
or one and a half hours during the total working hours, and
that the workman shall not remain in the place of work more
than eleven hours in any one day. In the case of factories
where work is performed in successive shifts day and night,
the Minister shall by decision, regulate the manner for granting
workmen time intervals for rest, prayer and meals.
Article
149
Friday,
which the day observed as an official holiday, shall be a
day of rest with full pay. The employer may, however, with
the approval of the appropriate Labor Office, replace this
day for some of his workmen by any other day of the week,
provided that the number of working days per week shall not
exceed six, and that the workmen shall in all cases be enabled
to perform their religious duties.
Article
150
The
employer shall not be required to adhere to the provisions
of Articles 147, 148 and 149 of this Law in the following
cases:
-
Annual stock-taking, preparation of
the balance sheet, liquidation closing of accounts, preparation
for sales at reduced prices and preparation for festive
seasons, provided that the number of days during which the
workman remains on the job in excess of the prescribed daily
working period shall not exceed thirty days in any one year.
-
Where the work is intended to prevent
a dangerous accident, or to prepare damage resulting, from
such accident, to avoid the certain loss of perishable materials.
-
Where the work is designed to cope
with unusual work pressure. In the last two cases, a report
shall be made to the appropriate Labor Office within 24
hours, stating the emergency and the period required for
completion of the work, and the Office's written confirmation
of approval shall be obtained.
-
Holidays, festive seasons and other
occasions, and seasonal operations as may be determined
by decision of the Minister of Labor.
In
all the foregoing cases, the number of actual working hours
shall not exceed ten hours a day.
Article
151
The
employer shall pay the workman for additional work hours an
additional wage equivalent to the workman's normal wage plus
fifty percent (50%). Where the work is performed on the weekly
day of rest or on feast days or official holidays, the employer
shall pay the workman additional wages for the regular or
additional work hours.
Article
152
The
provisions of Articles 147 and 148 shall not apply to the
following cases:
-
Preparatory and supplementary operations
which must be completed before or after the end of the work.
-
Work which is necessarily intermittent.
-
Workmen assigned to watch and janitorial
duties.
-
Work in drilling or exploration for
petroleum and minerals in remote areas.
The
operations referred to in Paragraphs (A), (B) and (C) of this
article and the maximum number of working hours in such operations
shall be determined by decision of the Minister of Labor.
In the operations referred to in Parapraph (D), the total
number of actual working hours shall not exceed 48 hours a
week.
Article
153
The
workman who has completed one year in the service of the employer
shall be entitled to an annual vacation of fifteen days with
full wages payable in advance. This vacation shall be increased
to 21 days when the workman completes ten continuous years
in the service of the employer. The workman may, with the
employees consent, defer his annual vacation or a number of
days thereof to the next following year. The workman may not
forego his annual vacation.
The
employer shall have the right to choose the dates of such
vacations according to work requirements, or to grant the
vacations on a rotational basis to ensure the proper conduct
of his business.
Article
154
If
the workman leaves the work, he shall be entitled to receive
pay for unused vacation days due in respect of the period
for which he has not taken his vacation. He shall be entitled
to vacation pay for fractions of the year, in proportion to
that part of the year which he has spent at work.
Article
155
Each
workman shall be entitled to days-off with full pay on the
holidays designated by a decision to be issued by the Minister
of Labor, provided that such holidays shall not exceed ten
days a year.
Article
156
The
workman may obtain leave without pay for not more than 10
days a year, subject to the employer's approval.
Article
157
The
workman shall not, while enjoying the vacations or leaves
provided for in this Chapter, work for another employer. Where
the employer proves that the workman has violated this provision,
he may deprive him of his wages for the vacation period or
recover any vacation pay he may have paid to such workman.
Article
158
An
employer who employs twenty workmen or more shall, in case
a workman's illness is confirmed by a medical certificate
issued by a competent physician accredited by the employer,
`r where the employer has no accredited physician, by a physician
designated by the appropriate Government agency, grant the
workman sick leave with full pay for the first thirty days
and with three-quarter pay for the next 60 days in any one
year.
Article
159
The
workman shall be entitled to a three-day leave for his marriage
and to a one-day leave with full pay in each of the following
two cases:
-
In the event a child is born to him.
-
In the event of the death of the workman's
spouse or any of his ascendants or descendants.
The
employer shall have the right to require the workman to furnish
documents in confirmation of the above cases.
Chapter
X
Employment
of Juveniles and Women
1.
Common Rules
Article
160
Adolescents,
juveniles and women may not be employed in hazardous operations
or harmful industries, such as power-operated machinery, mines,
quarries and the like. The Minister of Labor shall, by decision,
designate the occupations and operations tat are regarded
as harmful to health, or are apt to expose women, juveniles
and adolescents to given hazards requiring tat their employment
in such occupations or operations be prohibited or restricted
by special conditions, in no case may men and women commingle
in the place of work or in the accessory facilities or other
appurtenances thereto.
Article
161
Adolescents,
juveniles and women may not be employed during the night time
which covers an interval of at least eleven hours between
sunset and sunrise, except in the cases to be determined by
decision of the Minister of Labor in respect of non-industrial
occupations and in cases of force majeure.
Article
162
Juveniles
and adolescents may not be employed for a period exceeding
six hours a day, and the exceptions provided for in Articles
150 and 152 of this Law shall not apply to them.
2.
Employment of Juveniles
Article
163
A
juvenile who has not completed thirteen years of age shall
not be employed, nor shall he be allowed to enter places of
work. The Minister of Labor may, by decision, raise this age
limit in certain industries or areas. Before employing a juvenile,
the employer shall secure from him the following documents
and shall keep them in the juvenile's personal file:
-
An official birth certificate or an
age estimation certificate issued by a competent physician
and approved by the Ministry of Health.
-
A certificate of physical fitness for
the required work issued by a competent physician and duly
approved by the Minister of Health.
-
The consent of the juvenile's guardian.
The
employer shall, within the first week following the employment
of every juvenile, notify the appropriate Labor Office of
such employment and shall keep at the place of work a special
register for juvenile workmen in which he shall indicate the
name of the juvenile, his age, the full name of his guardian,
his place of residence and the date of his employment, in
addition to the general register provided for in article 10
of this Law.
3.
Employment of Women
Article
164
The
workwoman shall be entitled to take as maternity leave the
four weeks immediately preceding the expected date of delivery
and six weeks following that date. The probable date of delivery
shall be determined by the physician of the establishment
or by a medical certificate approved by the Ministry of Health.
No employer may employ any woman during the six weeks immediately
following her delivery.
During
her absence on maternity leave, the workwoman shall been titled
to half pay if she has been in the employer's service for
one year or more, and to full pay if she has been in the employer's
service for three years or more, as of the date of commencement
of such leave.
A
workwoman shall not be paid any wages during her regular annual
vacation to which she is entitled under the provision of these
Regulations, if she had availed herself in the same year of
a maternity leave with full pay, and she shall be paid half-wages
during the annual leave, if she had availed herself in the
same year of a maternity leave with half-pay.
Article
165
When
the workwoman returns to work following her maternity leave,
she shall be entitled to a period or periods of rest totaling
not more than one hour daily for the purpose of feeding her
newborn child, in addition to the rest periods granted to
all workers.
Article
166
The
expenses of medical examination and the costs of treatment
and delivery shall be borne by the employer.
Article
167
The
employer shall not terminate the workwoman while she is on
pregnancy and delivery leave.
Article
168
The
employer shall not terminate the workwoman during her illness
resulting from work or delivery, provided that such Illness
shall be confirmed by an approved medical certificate, and
that the period of her absence shall not exceed six months.
Nor shall she be terminated, without any of the legitimate
causes provided for in this Law, during the six months preceding
the expected date of delivery. Where a workwoman is terminated
in breach of the provisions of this article, the appropriate
Commission shall order her reinstatement
Article
169
The
workwoman shall forfeit her entitlements under the provisions
of this Chapter if it is established that she has worked for
another employing her authorized leave. In such event, the
original employer may deprive her of pay for such leave or
recover any wages he had paid to her.
Article
170
By
way of exception, the provisions prohibiting or restricting
the employment of adolescents, juveniles and women shall not
apply to charitable or official institutions of vocational
or professional training character, provided that the bylaws
of such institutions shall specify the nature of the trades
and crafts involved, the working hours and terms of employment,
and the suitability of the work to the workwomen's physical
capabilities, and that the Ministry approves the bylaws in
question after consulting the Ministry of Health.
Article
171
In
all places and in all occupations where women are employed,
they shall be provided with seats to assure their comfort.
Chapter
XI
On
Labor Commissions and Settlement of Disputes
Article
172
The
Labor and Settlement of Disputes Commissions shall be as follows:
-
The Primary Commissions for Settlement
of Disputes.
-
The Supreme Commissions for Settlement
of Disputes.
Article
173
There
shall be constituted by decision of the Council of Ministers,
based on the recommendation of the Minister of Labor, at every
main and branch Labor Office in the Kingdom a Primary Commission
for Settlement of Disputes composed of three members experienced
legal matters. The chairman shall be a holder of a degree
in Shari'ah, and at least one of the other two members shall
be a holder of a degree in Shari'ah or in Law. The said decision
shall name the chairman from among these members.
Article
174
The
Primary Commission for Settlement of Disputes shall have exclusive
jurisdiction to:
First:
Render final decisions
on
-
Labor disputes, the value of which
does not exceed three thousand riyals.
-
Disputes relating to the stay of execution
of decisions to terminate workmen, which are filed in accordance
with the provisions of this Law.
-
Disputes relating to the imposition
of fines or requests for exemption from such fines.
Second:
Render decisions of
first instance on
-
Labor disputes, the value of which
exceeds three thousand riyals.
-
Disputes pertaining to Labor injuries
whatever the amount involved may be.
-
Disputes pertaining to termination
of service.
Article
175
There
shall be constituted by decision of the Council of Ministers
a commission to be called " The Supreme Commission for
Settlement of Disputes ", which shall consist of five
members, three representing the Ministry of Labor and Social
Affairs, one representing the Ministry of Commerce and Industry,
and one representing the Ministry of Petroleum and Mineral
Resources. One of the members, whose grade shall not be below
Grade II, shall be designated as Chairman in the same decision
of the Council of Ministers. The chairman and members of the
Supreme Commission shall be impartial and experienced in legal
matters.
Article
176
The
Supreme Commission shall have exclusive jurisdiction to render
final and definitive decisions in all disputes referred to
it on appeal and shall likewise be competent to impose upon
the violators of the provisions of this Law the penalties
prescribed herein.
Article
177
The
Council of Ministers shall issue the rules of procedure and
of conciliation and amicable settlement proceedings before
the Primary Commissions and the Supreme Commission.
The
Minister of Labor shall issue a decision setting up an Office
for each of these Commissions and indicating the number of
clerks, attendants, employees and administrative personnel
assigned for such functions.
Article
178
The
Supreme Commission and the Primary Commissions shall render
their decisions by a majority vote of their members. These
decisions shall be grounded and signed by all members, and
the dissenting member may record therein the reason for his
dissent.
Article
179
Each
of these Commissions shall save exclusive right to examine
all disputes relating to labor contracts, and may summon any
person for interrogation or assign one of its members to conduct
such interrogation. It may also require the presentation of
documents or evidence and adopt any other measure it may deem
fit. The Commission shall also have the right of access to
any premises occupied by the establishment, for the purpose
of conducting the required investigation in accordance with
the provisions of this Law.
Article
180
Suits
shall be filed with the Primary Commission in whose locality
or within whose circumscription the place of work lies, and
the Commission shall render its ruling within the period and
in accordance with the procedures referred to in Article 177.
If either party to the dispute wishes to appeal the decision
rendered by the Primary Commission, that party shall submit
the application of appeal to the Supreme Commission within
thirty days of its being served with a copy of the decision
to be appealed.
Article
181
The
Chairman of the Supreme Commission shall set a date for hearing
the case appealed before him within fifteen days of the registration
of the appeal petition with the Commission's Office The Commission
shall render its decision on the dispute appealed before it
promptly and within thirty days from the date of the first
hearing.
Article
182
If
the decision of the Primary Commission is not appealed within
the period specified in Article 180, the decision shall become
final and enforceable. All decisions of the Supreme Commission
shall be deemed enforceable immediately upon the parties concerned
being notified thereof, and an amicable settlement shall be
binding upon both parties once it is registered with one of
the appropriate Commissions.
Article
183
In
all cases, the parties to a dispute may by mutual agreement
appoint one arbitrator for both of them, or one or more arbitrators
for each party so that the arbitrator or arbitrators may settle
the dispute in lieu of the Commissions provided for in this
chapter.
Where
the arbitrators fail to select an umpire, the chairman of
the Primary Commission in whose circumscription the place
of work is located shall appoint the said umpire, if such
an umpire has not already been appointed in the arbitration
agreement. The arbitration agreement shall indicate the time-limits
and the rules of procedure to be followed in order to settle
the dispute. The arbitrators', award shall be of first instance
and appeal able before the Supreme Commission within the time-limits,
time-extensions and the rules of procedure prescribed for
the appeal of decisions before the said Commission, unless
the arbitration agreement expressly provides that the arbitrators'
award shall be definitive in which case such award shall be
irrevocable.
A
copy of the arbitration agreement shall be deposited with
the Office of the appropriate Primary commission in the area,
and the arbitrators, award shall be registered with the Office
of the said Commission within one week of its rendering.
Article
184
The
arbitrators' awards shall be executed after registration with
the Office of the appropriate Primary Commission, and after
due endorsement for execution by the chairman of the Commission.
Article
185
None
of the commissions provided for in this chapter may abstain
from rendering a decision on the pretext that there are no
applicable provisions in this Law. In such a case, the commissions
shall be guided by the principles of Islamic Shari'ah, local
rules, established judicial precedents, principles of justice,
usage and the rules of equity.
Article
186
Neither
party to a dispute may raise again the issue in respect of
which a definitive decision has been rendered by one of the
commissions provided for in this Chapter.
Article
187
In
the course of conciliation and arbitration proceedings before
any of the commissions provided for in this Chapter, the employer
may not so change the terms of employment which were in force
before the commencement of such proceedings as to cause prejudice
to the workman, nor may the employer dismiss or penalize any
workman without written permission to do so from the appropriate
Commission.
Article
188
If
a Primary Commission has not been constituted in a given area,
the Minister may, when necessary, assign to another Commission
constituted in the nearest area the duties and exclusive functions
of the unconstituted commission. Where a branch labor office
and a main labor office are in the same area, a single Primary
Commission shall be constituted for that area.
Chapter
XII
Penalties
Article
189
(a)
Any person who conspires with a group of persons for the purpose
of stopping:
1.
Means of transportation between parts of the Kingdom and
between the Kingdom and other countries;
2.
Postal, telegraph and telephone communications;
3.
Any of the public utilities, especially those concerned
with the distribution of water, electricity and principal
foodstuff; shall be punished with imprisonment for a term
of one month to one year or a fine of SR 1,000 to SR 3,000
or both.
(b)
The same penalty
shall apply to the concessionaire of any of the said utilities,
if he stops its operation without legitimate cause.
(c)
Where the crime is accompanied by acts of violence against
persons or property or by threats or other means of intimidation,
or by forms of deceit or false pretence that are apt to influence
the mind, or by gathering on public roads and in public squares,
or by occupying the place of work, the offenders shall be
punished with imprisonment for a term of six months to two
years or a fine of SR 1,000 to SR 5,000 or both.
Article
190
Any
person who, using any of the means mentioned in the last paragraph
of the previous article, causes or attempts to cause others
to stop their work by agreement among themselves, or encourages
or attempts to encourage them to stop such work, shall be
punished with imprisonment for a term of one year to three
years or a fine of SR 5,000 to SR 10,000, or both.
Article
191
Where
an employer, head of an enterprise, employee or workman stops
work with the object of exerting pressure on public authorities
or of protesting against a decision or measure adopted by
such authorities instead of having recourse to legitimate
means, each such offender shall be punished with imprisonment
for a term of two to six years or a fine of SR 4,000 to SR
10,000, or both.
Article
192
Without
prejudice to any penalties prescribed under other regulations
against anyone who prevents a public official from discharging
the duties of his office, whoever violates the provisions
of Article 26 of this Law shall be punished with a fine of
SR 100 to SR 1,000, which shall be doubled in case the offense
is repeated.
Article
193
Whoever
violates the provisions of Article 41 of this Law shall be
punished with a fine of not less than SR 500 and not more
than SR 1,000.
Article
194
Whoever
violates the provisions of Article 44 of this Law shall be
punished with a fine of not less than SR 500 and not more
than SR 1,000.
Article
195
Whoever
violates the provisions of Article 45 of this Law shall be
punished with a fine of not less than SR 500 and not more
than SR 1,000.
Article
196
Whoever
violates the rules prescribed for bringing foreigners into
the country for the purpose of work, as set out in Article
49 of this Law, shall be punished with a fine of not less
than SR 500 and not more than SR 1,000 for each workman.
Article
197
Whoever
violates the provisions governing the vocational training
of Saudis for the purpose of replacing foreign workmen, as
set out in Article 50 of this Law, shall be punished with
a fine of not less than SR 100 and not more than SR 500 for
each workman.
Article
198
Whoever
violates the provisions of Chapter V of this Law or of the
decisions issued in accordance therewith, shall be punished
with a fine of not less than SR 500 and not more than SR 1,000.
Article
199
Whoever
violates the provisions governing wages, as set out in Article
116 of this Law, shall be punished with a fine of SR 200.
The offender shall be required to pay the difference in wages,
and the fine shall be multiplied by the number of individuals
involved.
Article
200
The
employer and every person responsible for the payment of the
workmen's wages shall, if he violates any of the provisions
of Chapter VI, be punished with a fine of SR 200 for each
workman.
Article
201
The
employer or the responsible manger of the establishment shall
be punished for any violation of the provisions of chapter
VIII or any rules, decisions or orders issued in accordance
therewith, with a fine of not less than SR 500 and not more
than SR 1,000 for each violation.
Article
202
Whoever
violates the provisions of Chapter VIII shall be punished
with a fine of SR 1,000, in addition to the total or partial
closure of the establishment, or the suspension of new constructions.
The appropriate Labor Office may seek the assistance of the
competent administrative authorities to enforce the closure
or suspension.
Article
203
The
employer or the responsible manager of the establishment shall
be punished for any violation of Chapter IX or any rules,,
decision or orders issued in accordance therewith, with a
fine of not less than SR500 and not more than SR 1,000 for
each violation.
Article
204
If
the employer violates any of the provisions of Chapter X,
he shall be punished with a fine of not less than SR 500 and
not more than SR 1,000, and shall be ordered to pay compensation
for the damage resulting from his violation of the provisions
of that Chapter.
Article
205
Any
employer or head of an enterprise and any workman or employee
who refuses or delays the implementation of the arbitration
award or any other definitive decision rendered by any of
the commissions provided for in Chapter XI of this law, shall
be liable to double the penalties imposed upon him, if any,
or shall be punished with a fine of not less than SR 500 and
not more than SR1,000, or with imprisonment for a term not
exceeding three months, or with either of these two penalties.
Article
206
With
due regard to the provisions of Article 78 of this Law, the
workman who refuses, in cases of necessity, to work elsewhere
than in his original place of residence, or to perform work
other than that for which he was contracted, shall be punished
with a fine not exceeding SR 100.
Article
207
For
whatever violation of any of the provisions of this Law, or
of the rules, decisions and orders issued in accordance therewith,
where no specific penalty has been prescribed, the employer
or the responsible manager of the establishment shall be punished
with a fine of not less than SR 100 and not more than SR 500.
The penalties provided for in this Law shall be applied unless
penalties more severe are prescribed in other laws and regulations.
All
fines imposed for violation of the provisions of this law
shall revert to the Workmen's Social Insurance Fund in a special
account to be spent on projects designed to raise the standard
of work and workmen in the Kingdom, as shall be determined
by the Minister of Labor.
Article
208
The
grade or the salary of a workman shall not be lowered except
in such cases as are provided for in this Law or in the decisions
issued in accordance therewith.
Chapter
XIII
Concluding
provisions
Article
209
The
Minister of Labor shall issue the decisions and rules necessary
for the implementation of the provisions of this Law, except
where another authority has been designated for this purpose.
Article
210
The
Labor and Workman Regulations issued on 25 Dhu al-Qa'dah 1366
(10 October 1947 ), as well as regulations, orders, and decisions
in effect prior to the coming into force of this Law, are
hereby repealed in so far as they are inconsistent with the
provisions hereof.
Article
211
This
Law shall be put into effect as of the date of its publication
in the official gazette.
[continued:
1970 Rules of Procedure]
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