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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:
-
That the replacement be made by a decision of the Minister
of Labor and for reasons connected with the public interest.
-
That the additional duties not be in conflict with the inspectors'
main duties.
-
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:
-
Supervising the work of the inspectors in the Labor Offices,
guiding them, controlling the inspection activities, and
following up on inspection plans and programs.
-
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.
-
Drafting decisions, regulations, and instructions relating
to labor inspection.
-
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.
-
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.
-
Studying the monthly reports prepared by the labor inspection
departments, auditing them, and noting down their observations
on them.
-
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:
-
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.
-
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.
-
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.
-
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.
-
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.
-
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:
-
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.
-
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.
-
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.
-
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.
-
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:
-
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.
-
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.
-
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.
-
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:
-
The name of the labor inspector assigned to make the visit.
-
The occupations and establishments in which each Inspector
is required to carry out labor inspection on each day of
the week.
-
The date and time of the visit.
-
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:
-
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.
-
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:
-
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.
-
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.
-
The number of workmen who work in it, together wilt their
nationalities, sex and ages.
-
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
-
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.
-
Eid-Al-Adha's Leave (Corban Bairam) is four days starting
with the day of being existed on Arafat area.
-
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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