Section 1

Wages

Article 89:

The Council of Ministers may, when necessary and upon the proposal of the Minister, establish a minimum wage.

Article 90: 

  1. The worker's wage and all amounts due to them shall be paid in the official currency of the country in accordance with the following provisions:

  2. Daily-rated workers: Their wages shall be paid at least once every week.

  3. Workers with monthly wages: Their wages shall be paid once per month.

  4. If the work is performed on a piece-rate basis and requires a period exceeding two weeks, the worker shall receive a payment each week commensurate with the work completed. The remaining full wage shall be paid within the week following the delivery of the work.

  5. In cases not mentioned above, employees shall be paid their wages at least once a week.

  6. Establishments are obligated to pay wages into the workers' accounts through banks accredited in the Kingdom, provided that the payment due date does not exceed the deadlines specified above. The Minister may grant exemptions to certain establishments from this requirement.

Article 91: 

  1. If a worker causes the loss, damage, or destruction of machinery or products owned by the employer or in their custody, and this results from the worker's fault or their violation of the employer's instructions, and was not due to the fault of a third party or force majeure, the employer may deduct from the worker's wage the amount necessary for repair or to restore the situation to its previous state. However, the amount deducted for this purpose shall not exceed the equivalent of five days' wages in any one month. The employer has the right to appeal, if necessary, to claim a larger amount if the worker has other assets from which recovery can be made. The worker may appeal to the Labor Court against the charges attributed to them or the employer's assessment of the compensation. If the court rules that the employer is not entitled to recover from the worker the deducted amount, or rules for a lesser amount, the employer shall refund the unjustly deducted amount to the worker within seven days from the date of the judgment.

  2. The appeal by either party shall be made within fifteen working days, otherwise the right to appeal shall be forfeited. The appeal period shall commence for the employer from the date of discovering the incident, and for the worker from the date the employer notifies them thereof.

Article 92:

No amount may be deducted from the worker's wages for private rights without their written consent, except in the following cases:

  1. Recovery of loans from the employer, provided that the amount deducted from the worker in this case does not exceed 10% of their wage.

  2. Social insurance contributions and any other contributions due from the worker as stipulated by law.

  3. The worker's contributions to a savings fund and any outstanding loans owed to the fund.

  4. Installments for any housing construction project undertaken by the employer with the aim of ownership transfer to the workers, or any other benefit.

  5. Fines imposed on the worker for violations they commit, as well as the amount deducted from them for damages caused.

  6. Satisfaction of a debt in execution of any judicial judgment, provided that the amount deducted monthly for this purpose does not exceed one-quarter of the worker's due wage, unless the judgment stipulates otherwise.

Alimony debts shall be satisfied first, followed by debts for food, clothing, and housing, before other debts.

Article 93: 

In all circumstances, the total amount deducted shall not exceed half of the worker's due wage, unless it is proven to the Labor Court that an increase in the deduction percentage is possible, or that the worker requires more than half of their wage. In the latter case, the worker shall not be given more than three-quarters of their wage, regardless of the circumstances.

Article 94: 

  1. If any amount is deducted from the worker's wage for a reason other than those stipulated in this Law without their written consent, or if the employer delays paying the worker's wage on its legally specified due date without a legitimate justification, the worker, their representative, or the competent director of the Labor Office may submit a request to the Labor Court to order the employer to return the amount unjustly deducted or to pay the outstanding wages.

  2. If the aforementioned Labor Courts determine that the employer has deducted the said amounts or delayed the payment of wages without a legitimate justification, they may impose a fine on the employer not exceedingly double the amount deducted from the worker's wage or double the value of the delayed wages.

Article 95: 

  1. If the employment contract or the work regulations do not specify the wage that the employer is obligated to pay, the estimated wage for work of the same nature in the establishment shall be taken into account, if it exists. Otherwise, the wage shall be estimated according to the custom of the profession in the location where the work is performed. If no such custom exists, the Labor Court shall assess the wage in accordance with the requirements of justice.

    1. The same shall also apply in determining the type and scope of the service the worker is required to perform.

Article 96: 

  1. If the worker's wage is determined on a piece-rate or production basis, the average wage they earned for their actual working days during the last year of their service shall be used to calculate any of the rights stipulated for them under this Law.

  2. If the entire wage consists of commissions, sales percentages, or similar items that are inherently subject to increase or decrease, the average daily wage shall be calculated based on the total amount the worker received for their actual working days, divided by the number of those days.

Article 97: 

If a worker is suspended or detained by the competent authorities in cases related to work or due to it, the employer shall continue to pay 50% of the worker's wage until their case is adjudicated, provided that the period of suspension or detention does not exceed one hundred and eighty days. If it exceeds this period, the employer shall not be obligated to pay any part of the wage for the additional duration. If the worker is acquitted, or the investigation is closed due to lack of evidence or the inaccuracy of the allegations, the employer shall refund to the worker any amounts previously deducted from their wage. However, if the worker is convicted, the amounts paid to them shall not be recovered unless the judgment stipulates otherwise.

Section 2

Working Hours

Article 98: 

A worker shall not be employed for more than eight actual working hours per day if the employer adopts the daily standard, or more than forty-eight hours per week if the employer adopts the weekly standard.

 The actual working hours during the month of Ramadan shall be reduced for Muslims, so as not to exceed six hours per day or thirty-six hours per week.

Article 99: 

The working hours stipulated in Article 98 of this Law may be increased to nine hours per day for certain categories of workers or in certain industries and jobs where the worker does not work continuously. Working hours may also be reduced to seven hours per day for certain categories of workers or in certain hazardous or harmful industries and jobs. The categories of workers, industries, and jobs referred to shall be specified by a resolution of the Minister.

Article 100:

With the approval of the Ministry, employers may, in establishments where the nature of work requires shift work, increase working hours beyond eight hours per day or forty-eight hours per week, provided that the average working hours, when calculated over a period of three weeks or less, do not exceed eight hours per day or forty-eight hours per week.

Section 3

Rest Periods and Weekly Rest

First: Rest Periods

Article 10: 

Working hours and rest periods during the day shall be organized such that a worker does not work more than five consecutive hours without a break for rest, prayer, and meals, which shall not be less than half an hour at a time during the total working hours, and such that the worker does not remain at the workplace for more than twelve hours in a single day.

Article 102: 

The periods allocated for rest, prayer, and meals shall not be included in the actual working hours, and during these periods, the worker shall not be under the employer's authority. The employer may not obligate the worker to remain at the workplace during these periods.

Article 103: 

The Minister may, by a decision, specify the cases and types of work in which continuous work without a rest period is necessary due to technical reasons or operating conditions. In such cases and types of work, the employer shall be obligated to grant time for prayer, meals, and rest in a manner organized by the establishment's management during working hours.

Secondly Weekly Rest

Article 104: 

  1. Friday is the weekly day of rest for all workers. The employer may, after notifying the competent Labor Office, substitute this day with any other day of the week for some of their workers, and must enable them to perform their religious obligations. The weekly day of rest may not be compensated with a monetary payment.

  2. The weekly day of rest shall be with full pay and shall not be less than twenty-four consecutive hours.

Article 105: 

As an exception to the provision of Article 104 of this Law, in remote areas and in works where the nature of the work and operating conditions require continuous operation, it is permissible to accumulate the weekly rest periods due to the worker for a period not exceeding eight weeks, provided that the employer and the workers agree and the Ministry approves. In calculating the accumulated weekly rest period, it shall be taken into account that the period begins from the time the workers arrive at the nearest city where transportation is available and ends upon their return to it. 

Article 106: 

The employer may not be bound by the provisions of Articles 98 and 101, and Paragraph (1) of Article 104 of this Law in the following cases:

  1. Annual inventory work, budget preparation, liquidation, closing of accounts, preparation for sales at reduced prices, and preparation for seasonal work, provided that the number of days on which workers are employed does not exceed thirty days per year.

  2. If the work is for the purpose of preventing a dangerous accident, repairing the damage resulting from it, or averting a definite loss of perishable materials.

  3. If the operation is intended to cope with unusual work pressure.

  4. Holidays, seasons, other occasions, and seasonal work that are specified by a decision of the Minister.

In all the aforementioned cases, the actual working hours shall not exceed ten hours per day or sixty hours per week. The Minister shall, by a decision, specify the maximum limit for permissible overtime hours in a year.

Article 107:

  1. The employer shall pay the employee overtime compensation equivalent to the hourly wage plus 50% of the employee's basic wage. The employer may, with the employee's consent, grant the employee paid compensatory leave days instead of the wages due for overtime hours. The regulations shall specify the provisions relating thereto.
  2. If the establishment operates on a weekly standard of working hours, any hours exceeding the hours adopted for this standard shall be considered overtime hours.

  3. All working hours performed during holidays and official vacations shall be considered overtime hours.

Article 108:

The provisions of Articles 98 and 101 of this Law shall not apply to the following cases:

  1. Individuals holding high-level positions with responsibilities in management and direction, where such positions grant them employer-like authority over employees.

    1. Preparatory or supplementary tasks that must be completed before or after the commencement of work.

    2. Work that is necessarily intermittent

    3. Workers assigned to guarding and cleaning duties, excluding those engaged in civil security guard services.

The regulations shall specify the types of work mentioned in paragraphs 2, 3, and 4 of this Article, and the maximum working hours therein.

 

Section 4

Leaves

Article 109: 

  1. A worker shall be entitled to an annual leave of not less than twenty-one days for each year. This period shall be increased to not less than thirty days if the worker has completed five consecutive years of service with the same employer. The leave shall be with pay, which shall be paid in advance.

  2. The worker must take their leave in the year it is due and may not waive it or receive a cash payment in lieu of taking it during their service. The employer may schedule these leaves according to the requirements of the work or grant them in rotation to ensure the smooth operation of the business and must notify the worker of the scheduled leave date with sufficient notice of not less than thirty days.

Article 110: 

  1. The employee, subject to the employer’s approval, may postpone his annual leave, or days thereof, to the following year.

  2. The employer has the right to postpone the worker's leave after the end of the year it is due if work circumstances so require, for a period not exceeding ninety days. If work circumstances necessitate a further postponement, the worker's written consent must be obtained, provided that the postponement does not extend beyond the end of the year following the year the leave was due.

Article 111:

A worker shall be entitled to wages for any accrued leave days if they leave work before using them, in proportion to the period for which they have not taken leave. They shall also be entitled to leave pay for fractions of a year in proportion to the time they have worked during that year.

Article 112: 

Every worker shall be entitled to fully paid leave on the holidays and occasions specified by the regulations.

Article 113:

Without prejudice to the working woman's leaves specified under this Law, a worker shall be entitled to fully paid leave for (five) days upon their marriage, or in the event of the death of their spouse, or any of their ascendants or descendants, and (three) days in the event of the death of a sibling; all such leaves shall be calculated from the date of the event, and (three) days in the event of the birth of a child to them, within (seven) days from the date of birth. The employer shall have the right to request supporting documentation for these cases. 

Article 114: 

A worker shall be entitled to leave with pay for a period of not less than ten days and not more than fifteen days, including the Eid al-Adha holiday, to perform the Hajj pilgrimage once during their entire period of service, provided they have not performed it previously. Entitlement to this leave is conditional upon the worker having completed at least two consecutive years of service with the employer. The employer may determine the number of workers granted this leave annually according to the requirements of the work.

Article 115: 

  1. If the employer approves the worker's enrollment in an educational institution or agrees to their continued enrollment, the worker shall be entitled to fully paid leave to take examinations for a non-repeated academic year, the duration of which shall be determined by the actual number of examination days. However, if the examination is for a repeated academic year, the worker shall be entitled to leave without pay for the actual number of examination days. The worker shall be deprived of leave pay if it is proven that they did not take the examination, without prejudice to the employer's right to hold them disciplinarily accountable.

    1. If the worker has not obtained the employer's approval for their enrollment in an educational institution, they shall be entitled to leave to take examinations for the actual number of examination days, to be deducted from their available annual leave. If no annual leave is available, the worker shall be entitled to leave without pay for the actual number of examination days.

    2. The worker must submit the leave request at least fifteen days prior to its commencement.

    3. The employer may request the worker to provide supporting documentation for the leave request, as well as evidence of having taken the examination.

Article 116: 

With the employer's consent, a worker may obtain leave without pay, the duration of which shall be agreed upon by both parties. The employment contract shall be considered suspended during the leave period exceeding twenty days, unless the parties agree otherwise.

Article 117: 

A worker who proves their illness shall be entitled to sick leave with full pay for the first thirty days, with three-quarters of the pay for the following sixty days, and without pay for the thirty days thereafter, during one year, whether these leaves are continuous or intermittent. The term "one year" means: The year that commences from the date of the first sick leave.

Article 118: 

A worker may not work for another employer during any of the leaves stipulated in this Section. If the employer proves that the worker has violated this provision, they may deprive the worker of their wage for the duration of the leave or recover any such wage previously paid to them.