• "Labor": the culture of rights and duties is necessary to improve the relationship between the employee and the employer

    07/02/2018

    In a workshop held in Asharqia Chamber:

    "The Ministry of Labor and Social Development": the culture of rights and duties is necessary to improve the relationship between the employee and the employer.

     

    Ibrahim Al-Marzouq, the head of customer services and labor relations department of the Ministry of Labor and Social Development in Al-Qatif Governorate, stressed on the importance of labor culture among employees and employers and the knowledge of each party on its rights and duties. In fact, this is reflected in the work environment and the relationship between the two parties.

    This came during the workshop hosted by ASharqia Chamber on Monday morning (5/2/2018) under the title (Labor Culture of the most important rights and duties in the Saudi labor system). It dealt with several topics such as the contract of employment, leave, wages and end of service.

     

    As for the contract of employment, Al-Marzouq gave a definition of the labor contract, which is the contract that is concluded between the employers and the employees to complete a work for an agreed wage between them. The contract must be printed in two copies and be fixed-term (for non-Saudi). And if it does not provide specific period of time, the work license is consider the duration of the contract. The contract is valid even if it is not written, and both parties are entitled to request to write the contract at any time. The contract contains the name of the employer, the name of the employee, the agreed salary, and the type and location of the work. The experimental period shall be clarified as a period if stipulated in the contract and should not exceed 90 days. However, it may be extended by no more than 180 days through providing the employee's agreement in writing, and these days do not include Eid al-Fitr or Adha holidays or sick leaves. He also pointed out that it is not permissible to place workers under the experimental period more than once with one employer, except under certain conditions, e.g., the experience is on another profession or another work, or that it has been past the end of the worker's relationship with the employer for a period not less than six months. He mentioned that if the contract ends during the trial period, both parties do not deserve compensation, and the worker does not deserve the end of service reward. He said that the contract becomes an indefinite contract if the parties continue to implement it after its completion, if it includes a condition that requires renewal, and if it was renewed four consecutive times, or the original contract period with the renewal of 4 years and the parties continued to implement it.

     

    As for the rights of the worker in the employment contract, Al-Marzouq stressed that it is not permissible to assign a worker to a work that is substantially different from the work agreed upon and does not transfer it from his original place of work. Also, it is not permissible to change his wage pattern from monthly to daily or weekly or hourly. However, there are two exception: the written consent of the worker, and in cases of necessity and for a period not exceeding 30 days per year.

    As for the duties of the employee, Al-Marzouq said that the employee must perform and master the work, obey the superiors, respect the laws and regulations, not disclose the secrets of the job, maintain working hours, and maintain public interests and property.

     

    Turning to the holidays, he said that according to the Saudi labor system, the holidays are the four days of Eid al-Fitr and Eid al-Adha holidays, and one day on the occasion of the National Day in 23rd of September. In addition to these, there are the annual leave with full pay of not less than 21 days and increased up to 30 days if the worker spent five consecutive years in the service of the employer, three days leave in the case of the arrival of a new baby for the worker, five days for marriage, and five days in the event of the death of the wife or one of the family's assets. The worker may also receive sick leave with full pay for the first 30 days, three quarters of the salary for the second 60 days, and unpaid for 30 days thereafter. The employee has the right to postpone his/her leave for the following year with the consent of the employer, and he/she may obtain the wage if he/she leaves the work before enjoying it. While "he/she may not waive his/her leave or receive a monetary substitute instead, nor may he/she work for another employer during the period of the leave."

     

    About wages, he said that the wage of the worker and any amount owed to him is paid in the official currency. The employer is obliged to pay the wages through the banks on their deadlines, as agreed between the worker and the employer (monthly, daily, or piece-by-piece.)

     

    The hours of work can not be increased from 8 hours a day or 48 hours per week, and no more than 6 hours per day or 36 hours per week in Ramadan. These hours may be increased for certain categories of workers and some industries and businesses and may be reduced to seven hours.

     

    About the end-of-service bonus, he said that if terminated for two years, he/she will not receive the end of service. If the period is two years, one-third of the remuneration is due. If he/she works for five years, two thirds of the remuneration is due. And if he/she works for ten years, he/she will receive the full amount of the remuneration.

     

    At the end, he pointed to the service of the labor's counselor through the labor cultural website, which is a service to answer inquiries about the work system. ​

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