1.6 To what extent are terms and conditions of employment agreed in collective agreements? Do negotiations usually take place at the company or industry level? It is unlawful to violate the provisions of this Act or to interfere with other rights that workers may have under other regulations or concession agreements, employment contracts or other agreements, or as a result of an arbitration award or royal order, or in accordance with generally accepted practice or what the employer has habitually granted to its workers in one or more particular jurisdictions, Purchased. These contracts must indicate whether they are concluded for an indefinite period or for travel. If the contract is concluded for a certain period, this period must be clearly indicated. In the case of a voyage, it must indicate the city or seaport where the voyage is to end and the stage of unloading of the ship in that port where the contract ends. The committee of origin is practically the court of first instance for labour disputes. Under Saudi law, all provisions on each company`s private ownership are applied to its data in one way or another, and data transfer procedures in the field of activity are subject to its own policy, unless such data is classified as data that affects the critical national infrastructure (for more information, see Alburhan`s responses on this in International Comparative Legal Guides – Cybersecurity 2021). 2.5 Under what circumstances does a works council have a right of co-determination so that an employer cannot continue until it has obtained the approval of the proposals by the works council? Is there a national minimum wage and, if so, which one? There is no minimum wage. However, the Labour Code provides that the Council of Ministers shall set a minimum wage if necessary. It is natural that disputes related to all contracts, especially employment contracts, have been handled by the Saudi government with many initiatives that support institutions by reducing the financial pressure on them and, on the other hand, guarantee workers the necessary protection in accordance with labor regulations and the social security system. published by Royal Decree No. (M/33) of 09.03.1421 AH and in accordance with the unemployment insurance system enacted by Royal Decree No. (M/18) of 03.12.1435 AH. Article 41 of the ERLL restricts the powers of Article 74(5) of the L with regard to force majeure by prohibiting the dismissal of a worker in an establishment in accordance with this Article to two conditions: A labour inspector has the right to order employers or their representatives to make changes to the operating rules in respect of the installations and equipment used in their establishment within the time limits prescribed by the operating permit.
Inspector responsible for ensuring the correct application of the provision on the health and safety of workers. If there is an imminent danger to the health and safety of workers, the inspector may require the immediate adoption of any measures he considers necessary to avoid that risk. If no agreement can be reached, the action will be heard by one of the labour dispute resolution committees. What is the typical procedure and timing? Cases relating to claims under labour law or arising from employment contracts are only accepted by the competent employment office within 12 months of termination. In addition, any complaint concerning a violation of the Labour Code, the regulations or the decision must be filed within 12 months of the occurrence of the violation. In practice, however, within 12 months of termination of employment, employees can assert claims for violations that occur in the context of the employment relationship. The Director and inspectors of the Employment Office may, if necessary, request all necessary assistance from the competent administrative authorities and members of the police. 5.3 Are there any rights of information and consultation on a sale of a business? How long does the process usually take and what are the penalties for failure to provide information and consultation? To what extent can employers regulate off-farm behaviour? The Labour Code stipulates that an employee may be dismissed without further delay « if it is established that he has committed a fault or an act lacking honesty or integrity and that he has been definitively convicted ». However, the law also stipulates that contracts of indefinite duration can only be terminated for a « valid reason ». Ideally, this should be a reason based on the employee`s work after the employer has conducted an appropriate and documented termination procedure. Employers who wish to impose penalties for conduct that has nothing to do with the workplace may face difficulties if the employee has not received a criminal conviction for such conduct. 2.4 Are employers obliged to set up works councils? If so, what are the main rights and obligations of these organizations? How are works council representatives selected/appointed? Before initiating a legal dispute, the parties should attempt to resolve disputes internally.
Even if a claim has been made, the competent employment office offers the parties a settlement that they can accept or reject. If the dispute is not resolved at this stage, it may be submitted to one of the competent committees empowered to settle labour disputes. There are two committees: the Founding Committee for the Settlement of Labour Disputes and the Supreme Committee for the Settlement of Labour Disputes. (i) If the assigned work allows the employee to become familiar with the employer`s clients or to have access to its trade secrets, the employer may require that the employee not compete with the employee in the contract or disclose its secrets after the expiry of the contract for up to a maximum period of 2 years. If such a clause is part of the contract, the employee will be excluded for two years from hiring in a competing company, changing sponsors or after the final departure with a new visa and disclosure of trade secrets up to 10 years. The employer could, within one year of becoming aware of the violation, report the employee for violation of the Labour Code and request sanctions, including expulsion. 6.10 How do workers assert their rights to collective redundancies and what are the consequences if an employer does not fulfil its obligations? All employees working in the territory of the Kingdom of Saudi Arabia are protected by Saudi law. However, the law differs from employee to employee in that the fundamental meaning of the AQ is limited to a particular type of employee to whom the provisions of the AA are to be applied (and they are the intended nature in all responses to the questions in this chapter). These types of workers represent an overwhelming percentage of the labour sector and the market. It is assumed that all employees working in the Kingdom of Saudi Arabia are included in the provisions of the ACT, with the exception of the following: 3.1 Are employees protected from discrimination? If so, on what grounds is discrimination prohibited? In the event of a violation of any of the provisions of this Act or of the rules, decisions and orders issued in accordance with this Act for which no specific penalty has been imposed, the employer or manager responsible for operations shall be punished by a fine of at least RS 100 and a maximum of SR 500. The penalties provided for in this Act shall be applied unless other laws and regulations provide for more severe penalties.
« No disciplinary sanction may be imposed on the employee unless he is informed in writing of what has been attributed to him and he is questioned, his defence is investigated and proven in a report filed in his private file, and the investigation can be conducted orally in relation to minor offences that do not exceed the penalty imposed on the offender or the fine with deduction of one day. to prove it within minutes. The labour inspector shall notify the employer or his representative when he enters his establishment in order to carry out work there, unless he considers that such communication could affect his duties. .