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Laws
   

LABOR AND WORKMEN LAW  [1969] continued:

Kingdom of Saudi Arabia , Ministry of Labor and Social Affairs, Department of Labor Relations

 

Rules of Implementation
for the Control and Regulation of
Labor Inspection Activities

[1970]

 

Approved by Council of Ministers' Deeision No. 444, dated 3 Jumada I, 1390 H. (7 July, 1970)

and published on Um-Al-Qura Newspaper No. 2339 dated 17 Rajab 1390 H. (18 September 1970)

 

 

The English version of this document is for guidance only.
The Arabic version is the governing text.
 


CHAPTER I:

GENERAL ORGANIZATION OF THE
LABOR INSPECTION APPARATUS

 

Article 1

Labor inspection is the inspection carded out by labor inspectors who are designated by a decision of the Minister of Labor for the purpose of ensuring the application of the provisions of the Labor and Workmen Law and the rules and decisions issued for the execution thereof, and of guiding both parties of production, i.e. the workmen and the employers alike, to the best methods which should be followed for improving the circumstances and conditions of work, particularly those of them which relate to health and safety at the places of work.

 

Article 2

The labor inspection apparatus shall consist of a central section at the Labor Affairs Agency and sub-sections at the Labor Offices existing in the areas.

 

Article 3

The terms of appointment, number, and grades of the labor inspection personnel shall be defined in the regulations related to State employees. They shall, however, be qualified, unbiased, and completely impartial, shall have no direct interest in the establishments which they inspect, and shall pass a special professional examination following a training period of not less than three months.

In all cases, these inspectors, once appointed may not be replaced or required to perform additional duties save within the following conditions:

  1. That the replacement be made by a decision of the Minister of Labor and for reasons connected with the public interest.
  2. That the additional duties not be in conflict with the inspectors' main duties.
  3. That the requisites of competence and impartiality which the inspectors should possess in accordance with the regulations not be affected in any way.

 

Article 4

The labor inspectors and their supervisors shall, on their appointment and before proceeding to carry out the duties of labor inspection, take the following oath before the Minister of Labor and Social Affairs.

"I swear by God to discharge the duties of my office honestly and faithfully, and not to disclose the secret of any trade or industrial invention or any other secret which may come to my knowledge by reason of my office, even after I cease to have any connection with this office."

After taking the said oath a report shall be prepared of which a copy shall be referred to the Chief of Labor Inspection in the Ministry for keeping in the Inspector's file. A second copy shall be referred to the Labor Office to which the inspector belongs.

 

Article 5

The labor inspectors shall carry identification cards when performing labor inspection duties. These shall bear their photographs and be signed by the Minister of Labor and stamped with the official seal. The inspector shall return the card on quitting his inspection work, or when he ceases to have this capacity for any reason.

Article 6

The central section for labor inspection shall assume the following duties:

  1. Supervising the work of the inspectors in the Labor Offices, guiding them, controlling the inspection activities, and following up on inspection plans and programs.
  2. Looking after the health and safety of the workmen.protecting them against the hazards of machinery, occupational diseases and work injuries, and promoting hygienic and preventive consciousness by all means possible.
  3. Drafting decisions, regulations, and instructions relating to labor inspection.
  4. Preparing an annual general report on the achievements of labor inspection in the Kingdom as required under Article 35 of the Labor and Workmen Law.
  5. Preparing samples for the reports, statements, forms, and registers relating to labor inspection, and furnishing these to the labor inspection, departments at the (labor)offices.
  6. Studying the monthly reports prepared by the labor inspection departments, auditing them, and noting down their observations on them.
  7. Organizing training courses for the labor inspectors in order to qualify them for performing their duties and acquaint them with the latest scientific and practical developments in the field of labor inspection, in accordance with a training program to be prepared for this purpose and made to include theoretical and applied curricula relating to the training courses.

Article 7

Labor Inspection at the Labor Offices shall perform the following duties:

  1. Supervising the application of the provisions of the Labor and Workmen Law and the rules and decisions issued there under in the factories, establishments, and occupations which are subject to labor inspections, by making sure, through inspection visits, that the statutory precautions and conditions which are the subject of the inspection are carried out, and by subsequently taking the necessary measures in the event they are not.
  2. Assisting both the workmen and the employers and guiding them to the best methods to be followed for applying the provisions of the law, implementation rules and decisions.and technical instructions concerning the work.
  3. Studying the circumstances, terms, and conditions related to work, and submitting reports thereon to the ministry, particularly with regard to any shortcomings observed which the provisions of the existing pertinent regulations have failed to remedy or deal with.
  4. Preparing a monthly report about the labor inspection activity in the area, the establishments in which labor inspection has been carried out, the number and types of violations observed, and the problems that have stood in the way of implementation and suggestions for overcoming such problems.
  5. Preparing an annual report about the labor inspection activity in the area and its results and effects and suggestions as necessary in this regard. The Ministry shall issue special instructions about the method of preparing these two reports and the forms which should be used in this regard.
  6. Performing such other duties as may fall within the jurisdiction of labor inspection in these offices.


CHAPTER II:

DUTIES OF THE LABOR INSPECTOR

 

Article 8

The labor inspectors shall supervise the application of the statutory provisions, particularly those of them which relate it to the terms of work, in order to be sure that they are complied with.

They shall visit the places of work which are subject to their supervision, in accordance with the instructions of their supervisors, in order to carry out labor inspection there and submit comprehensive reports about all their observations and findings concerning the application of the statutory provisions.

 

Article 9

The labor inspector shall notify the employer or his representative upon his entry into his establishment to perform labor, inspection there, unless he feels that such notification may prejudice his duties. Under no circumstances, however, may prior notification of the inspection visit be made for any reason whatsoever In ordinary cases, the inspector shall introduce himself to the employer, produce his (identification) card on request, and proceed to explain to him his assignment and the purpose of his visit with enough courtesy and tact to win his appreciation and confidence in respect of the inspection assignment for which he has been commissioned.

Article 10

The labor inspectors and their supervisors shall supply the employers and workmen with technical information and practical directions for the proper implementation of the statutory provisions. They shall also advise and direct them in the application of the best standards of hygiene and safety, in addition to encouraging cooperation between them for intensifying the technical and hygienic precautions and upholding the methods of safety in the places of work.

 

Article 11

The labor inspectors and their supervisors shall cooperate to the utmost extent possible with both parties of production, i.e., the workmen and the employers alike, in order to help in improving human relations and productive efficiency, and consequently in creating an atmosphere of stability in labor relations in which mutual understanding and fruitful cooperation between the parties concerned shall prevail.

 

Article 12

The labor inspectors shall devote all their time and attention to the inspection duties assigned to them. They shall deal with the problems submitted to them from their various aspects, and shall endeavor to solve them with the parties concerned with efficiency and tact and in a spirit of fairness and equity. They shall have no direct or indirect interest in the establishments and factories which are under their supervision. They shall avoid accepting gifts, and shall refuse any offer of any private nature, even if it be of low cost, and whether it be from the employers or the workmen, under penalty of applying the punishments provided for in the regulations in force.

 


CHAPTER III:

POWERS OF LABOR INSPECTION

 

Article 13

The labor inspectors shall, in the course of performing the labor inspection duties assigned to them, exercise the following:

  1. Enter, without prior notice, all places of work during work hours, at daytime or at night, for the purpose of carrying out labor inspection there and investigating matters in connection with the inspections, provided that this shall be done in accordance with instructions communicated to them by their supervisors.
  2. Examine the registers, papers, books, files or any other documents relating to workmen, and obtain copies and extracts therefrom, for the purpose of ascertaining their conformity to the requirements provided for in the Labor and Workmen Law and in the decisions issued for the application thereof. The inspector may request the employer or his representative to put all the said documents at his disposal, and may draw his attention to the necessity of posting the statements and notices provided for in the Regulations.
  3. Obtain samples of the materials used and handled in the establishment for the purpose of analyzing them, and examine the various machines and fixtures to ascertain the presence of adequate and effective means for protecting the safety and health of the workmen. The inspector may issue the necessary orders for carrying out urgent changes required for providing the necessary elements of protection against the hazards of the work and machinery.
  4. Question the employer, or his representative, and the workmen, either privately or in the presence of witnesses, about any matter relating to the application of the statutory provisions in order that it would be possible, in the light thereof, to infer whether, and to what extent, the requirements provided for in the Labor and Workmen and the decision issued for the execution thereof are duly complied with.
  5. Discuss with employers and the workmen, separately or jointly, the best methods of facilitating the application of the statutory provisions relating to work, and of overcoming the difficulties that stand in the way of such application, especially as regards ignorance of the provisions of the Regulations.

Article 14

In the course of their labor inspection in any establish or industrial or commercial concern in execution of the provisions of the Labor and Workmen Law and the decisions issued for the application thereof, the labor inspectors may take the following measures, as applicable, in respect of those who violate the statutory provisions:

  1. Offering counsel and guidance to the employer, and considering that sufficient in the event of his acceptance and favorable response, provided that this be accompanied by an official letter through the Labor Office containing the observations resulting from the visit to his establishment and the directions and guiding instructions for the avoidance of violations.
  2. Addressing an oral reminder which shall be recorded by the inspector in the inspection report which he prepares about his visits to the establishment, provided that it shall be signed by the employer or his representative who shall undertake to remedy the violations observed in his establishment within a reasonable period as agreed with the labor inspector.
  3. Addressing a written warning to the offending employer through the Labor Office in which it shall be stated that failure to remedy the violations within a period to be fixed by the inspector at his discretion would make the violator liable to the penalties provided for in the Labor and Workmen Law.
  4. Drawing a report in the place of work in which the violations witnessed by the inspector shall be recorded.

 

Article 15

The Labor inspectors shall have complete freedom to address warnings or give advice to the employer in lieu of drawing a report of the violations observed, depending on the graveness of the violation committed and other circumstances to be evaluated by the inspector.

 


CHAPTER IV:

REGULATION OF DAY AND NIGHT

INSPECTION VISITS

 

Article 16

The head of labor inspection in each (Labor) Office shall regulate the inspection visits that take place during official work hours in accordance with weekly programs put in advance and approved by the responsible director of the office, which programs shall be prepared on the following bases:

(a) The occupations and establishments which are subject to inspection shall be distributed so that each inspector shall be responsible for certain occupations and establishments. In making the distribution, consideration shall be given to the number, nature, and size of the establishments which are subject to inspection and which lie within the area of jurisdiction of (a certain Labor) Office, as well as to the number and categories of the workmen employed there, the diversity of the statutory provisions whose application is to be ensured, and the physical means of enforcement at the disposal of the inspectors. Distribution shall be made in accordance with administrative orders to be approved by the responsible director of the Office and communicated to the inspectors. These may be superseded (by other orders) according to the circumstances and exigencies of the work, provided that a copy thereof shall be transmitted to the Deputy Minister's Office as soon as they are issued.

(b) A program shall be prepared in advance, in agreement with the labor inspectors, for the visits which should be carded out during the week, such program to show the following:

  1. The name of the labor inspector assigned to make the visit.
  2. The occupations and establishments in which each Inspector is required to carry out labor inspection on each day of the week.
  3. The date and time of the visit.
  4. The type of the visit, so as to distinguish between visits carried out for purposes of general inspection, in which an examination of the circumstances and conditions of work in the establishment from all aspects is made, and special visits, such as re-inspection and visits for investigating complaints, accidents, and occupational diseases.

(c) In fixing inspection visits care shall be taken for the proper choice of time, so that the visits to the establishments shall be made while their activities are in full swing and with due regard to the distribution of work hours in the establishment The labor inspector shall dedicate part of his work hours for carrying out administrative and clerical work at the Labor Office, provided that this shall not affect the time required for the performance of his basic work of inspection.

Article 17

Labor inspection at night or outside the official work hours shall be carried out in accordance with the written instructions and orders of the authorities which are given to the labor inspectors by their supervisors. Such orders shall include the names of the establishments to be inspected, the times of inspection, and the names of the inspectors assigned for it.

 

Article 18

Inspectors who have been assigned labor inspection at night or outside the official work hours shall submit their reports on the results of the inspection to their supervisors on the day following the carrying out of the inspection.

 

Article 19

Remuneration for inspection at night or outside official work hours shall be fixed by a decision of the Minister of Labor within the limits of the allocations appropriated for this purpose in the budget of the Ministry.

 

 


CHAPTER V:

INSPECTION RULES AND PROCEDURES

 

Article 20

Places of work shall be inspected as frequently as possible with such thoroughness as may be needed for the actual enforcement of the statutory provisions. Periodical visits devoted for the purposes of general inspection shall include at least one visit a year to each establishment, with special emphasis on visiting the big establishments, or those whose management is unsatisfactory from the point of view of safety and health protection for the workmen, or in which dangerous or unhygienic operations are conducted. In the event of discovery of a serious violation of the conditions which should be observed in the places of work, the inspector shall make an early return visit to such places to ensure that the said violation has been remedied.

 

Article 21

In periodical visits devoted for the purposes of general inspection, the inspection should cover all the work conditions, terms and circumstances in the establishment inspected, and it may not be confined to a special aspect. In this type of visits the inspector shall visit the whole establishment where work is performed, and shall examine the methods that are applied for the implementation of the statutory requirements for the protection of workmen.

 

Article 22

Only one labor inspector shall carry out inspection in each establishment or occupation unless the director of the Labor Office sees fit to assign two or more inspectors to make a joint inspection in one establishment or conduct any investigation therein, subject to the following:

  1. In case there are health and safety specialists in the Labor Office, these shall join the labor inspectors in the inspection activities each according to his specialty.
  2. In case there are no specialists in the fields referred to, the labor inspectors shall observe the aspects relating to health and safety in the places of work. They may seek the assistance of specialists in the other ministries or their branches in the areas, as well as request necessary guidance from the Ministry of Labor.

Article 23

The labor inspector shall prepare a report on each inspection he carries out in each establishment or concern he visits, which should be submitted to his immediate supervisor for study and action. Such report shall include the following information:

  1. Administrative date relating to the inspector's visit, viz, the labor inspector's name, the date and time of the visit, and the names of the persons whom he has met.
  2. Identification of the establishment which he has visited, including its name and address, the name of its owner and responsible manager, the nature of its work, and the date of its foundation.
  3. The number of workmen who work in it, together wilt their nationalities, sex and ages.
  4. A summary of the study carried out by the inspector covering the rules, notices, and schedules provided for in the Regulations, the work and rest hours, vacations, registers, workmen's permits, wages, the bringing of foreign workmen, the health and safety measures, the violations observed, the result of the visit, the statements of the workmen and of the employer, the measures and steps taken, and all other information which would give a complete picture of the work conditions and terms applied in the establishment pursuant to the provisions of the Labor and Workmen Law and the rules and decisions issued thereunder.

 

Article 24

The labor inspectors shall be cautious and honest in (choosing) the information and statements they include in their reports concerning the establishments and occupations in which they have carried out labor inspections. In particular, they shall base their observations on what they themselves see or witness. They shall also refrain completely from making any comments on matters with which they are not adequately acquainted, in order to maintain the employers' and workmen's confidence in them.

Article 25

The labor inspectors shall follow up those employers who are found to have violated the Labor and Workmen Law and the decisions issued for the application thereof by means of consecutive visits after granting them sufficient and reasonable respites to remedy the violations.

 

Article 26

In the case of resort to drawing a report of the violations, such report should be drawn up in the place of work, unless this cannot be done for some exceptional reason. The labor inspector shall ask the employer about the reasons for committing each of the violations he has witnessed, and he shall record in the report a summary of his reply. The report shall be signed by the inspector and the employer or his representative. In the event of refusal to sign, a reference shall be made to this effect in the report. The inspector shall bear in mind that his fundamental duty consists in offering guidance and direction and in cooperation with the employers to the utmost extent possible, with a view to putting the provisions of the Regulations into effect, which would be considered proof of the inspector's success in performing his task in the proper manner.

 

Article 27

The reports of violations that are drawn up by the labor inspectors in respect of those who violate the statutory provisions shall be submitted to the Director of the Labor Office through proper channels. The director concerned shall refer these to the responsible committee.

 

Article 28

The Ministry shall lay down forms for the reports on violations, inspection registers, notices and warnings, and other forms relating to the enforcement of the provisions of these Rules and the provisions of the Labor and Workmen Law which relate to labor inspection, giving the necessary instructions on how to use, keep and shall circulate them, and it circulate these instructions to the Labor Offices in the various areas, which Offices may not use any forms other than those approved by the Ministry.



Kingdom of Saudi Arabia , Ministry of Labor and Social Affairs, Labor Affairs Agency

 

Appendix: Ministerial decision on vacations

Decision of Minister of Labor and Social Affiars No. 812, 16/11/1394 H [November 30, 1974]

 

After reviewing article 155 of the Labor Law issued under Royal Decree No. M/21 dated 6/9/1389 H., and after reviewing the ministerial decision No. 357 dated 24/11/1389 H issued to specify leaves, and or Welfare,

The Ministry of Labor and Social Affairs

Decides:

 

ARTICLE 1

  1. Eid-Al-Fitr's Leave (Lesser Bairam) is three days starting with the following day of the 29th of Ramadan, in accordance with Um-Al-Qura.
  2. Eid-Al-Adha's Leave (Corban Bairam) is four days starting with the day of being existed on Arafat area.
  3. The national day of the Kingdom is on the 1st of Al-Mizan (Libra).

 

ARTICLE 2

If the employer wishes to increase periods of leaves more than the specified periods in Article (1), he may determine or distribute this increase before or after the specified time.

 

ARTICLE 3

This decision will not affect the acquired rights of the workers of better conditions with any law, agreement, contract, regulations, habitual or traditional practice or others.

 

ARTICLE 4

This decision should be notified for implementation.

 

Minister of Labor and Social Affairs

ABDEL RAHMAN ABA-AL KHAIL

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Government
The revitalization of Saudi Arabia's political system reflects the nation's adaptability to modern development without compromising its religious and cultural values.


Basic System of Government
The Basic System of Government identifies the nature of the state, its goals and responsibilities, as well as the relationship between the ruler and citizens.


Council of Ministers System
In 1953, King Saud bin Abdulaziz established the Council of Ministers to facilitate the Kingdom's development.


Majlis Al-Shura (Consultative Council)
The primary function of Majlis Al-Shura is to advise the King on issues of importance to the nation.

Provincial System
To further raise the efficiency of administration and to promote the continued development of the county's provinces and their extensive social services programs, King Fahd promulgated new bylaws for the Provincial System in 1992.





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