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Saudi Arabia - Working time - 2011


SOURCES


Name of Act

Labour Law (Royal Decree No. M/51) of September 2005.
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LEGAL DEFINITIONS


Employee/worker

The term "worker" means any natural person working for an employer and under his management or supervision for a wage, even if he is not under his direct control.
Labour Law Art.2

Employer

The term "employer" means any natural or corporate person employing one or more workers for a wage.
Labour Law Art.2

Part-time work(er)

Part time work means work performed by worker for an employer and for less than half the usual daily working hours at the firm, whether such a worker works on a daily basis or on certain days of the week.
Labour Law Art.2

Young worker

Young worker is a worker who has at least 15 and below 18 years of age.
Labour Law Art.2

NORMAL HOURS LIMITS


Daily hours limit


General limit

A worker may not actually work for more than eight hours a day.
During the month of Ramadan, the actual working hours for Muslims shall be reduced to a maximum of 6 hours a day.
Labour Law Art.98

Exceptions

The number of working hours may be raised to nine hours a day for certain categories of workers or in certain industries and jobs where the worker does not work continuously. It may likewise be reduced to seven hours a day for certain categories of workers or in certain hazardous or harmful industries or jobs. Categories of workers, industries and jobs referred to shall be determined pursuant to a decision by the Minister.

An employer may not comply with the general daily limit of hours in the following cases:
(1) Annual inventory activities, preparation of the budget, liquidation, closing of accounts and preparations for discount and seasonal sales, provided that the number of days during which the workers work shall not exceed thirty days a year.
(2) If the work is intended to prevent a hazardous accident, remedy its impact or avoid an imminent loss of perishable materials.
(3) If the work is intended to meet unusual work pressure.
(4) Eids, other seasons, occasions and seasonal activities specified pursuant to a decision by the Minister.

The daily hours limit shall not apply in the following cases:
(1) Persons occupying high positions of authority in management and policy, if such positions grant the persons occupying them authority over workers.
(2) Preparatory or supplemental works which must be completed before or after commencement of work.
(3) Work that is intermittent by necessity.
(4) Guards and janitors, excluding civil security guards.
Labour Law Art.99, art.106, art.108

Special categories


» Young workers

Minors may not be made to perform actual work for more than six hours a day for all months except for the month of Ramadhan when the actual working hours shall not exceed four hours.
Labour Law Art.164

Weekly hours limit


General limit

A worker may not actually work for more than forty-eight hours a week.
During the month of Ramadan, the actual working hours for Muslims shall be reduced to a maximum of 36 hours a day.
Labour Law Art.98

Exceptions

An employer may not comply with the weekly general limit of hours in the following cases:
(1) Annual inventory activities, preparation of the budget, liquidation, closing of accounts and preparations for discount and seasonal sales, provided that the number of days during which the workers work shall not exceed thirty days a year.
(2) If the work is intended to prevent a hazardous accident, remedy its impact or avoid an imminent loss of perishable materials.
(3) If the work is intended to meet unusual work pressure.
(4) Eids, other seasons, occasions and seasonal activities specified pursuant to a decision by the Minister.

The weekly hours limit shall not apply in the following cases:
(1) Persons occupying high positions of authority in management and policy, if such positions grant the persons occupying them authority over workers.
(2) Preparatory or supplemental works which must be completed before or after commencement of work.
(3) Work that is intermittent by necessity.
(4) Guards and janitors, excluding civil security guards.
Labour Law Art.106, art.108

OVERTIME WORK


Limits on overtime hours


General limits

Overtime work is permitted but the total hours shall not exceed ten hours a day or sixty hours a week. The maximum overtime hours allowed per year shall be determined by a decision of the Minister.
Labour Law Art.106

Compensation for overtime work


Overtime rate(s)

The employer shall pay the worker for overtime working hours an additional amount equal to the hourly wage plus 50% of his basic wage.
Labour Law Art.107

Special categories


Young workers

The minor shall not stay at the workplace for more than 7 hours provided that the general limit for this category of workers is 6 hours per day.
Labour Law Art.164

REST PERIODS


Rest breaks


General provisions

Working hours and rest periods during the day shall be scheduled so that no worker shall work for more than five consecutive hours without a break of no less than thirty minutes each time during the total working hours for rest, prayer and meals, provided that a worker shall not remain at the workplace for more than eleven hours a day.

The periods designated for rest, prayers and meals shall not be included in the actual working hours. During such periods, the worker shall not be under the employer�s authority. The employer shall not require the worker to remain at the workplace during such breaks.
Labour Law Art.101, 102

Exceptions

The Minister may specify, pursuant to a decision by him, the cases and jobs where work shall, for technical reasons or operational conditions, continue without breaks. In such cases and jobs, the employer shall allow prayer, meal and rest periods to be scheduled during working hours by the management of the firm.

An employer may not comply with the stated rest breaks in the following cases:
(1) Annual inventory activities, preparation of the budget, liquidation, closing of accounts and preparations for discount and seasonal sales, provided that the number of days during which the workers work shall not exceed thirty days a year.
(2) If the work is intended to prevent a hazardous accident, remedy its impact or avoid an imminent loss of perishable materials.
(3) If the work is intended to meet unusual work pressure.
(4) Eids, other seasons, occasions and seasonal activities specified pursuant to a decision by the Minister.

Rest breaks won’t be enjoy in the following cases:
(1) Persons occupying high positions of authority in management and policy, if such positions grant the persons occupying them authority over workers.
(2) Preparatory or supplemental works which must be completed before or after commencement of work.
(3) Work that is intermittent by necessity.
(4) Guards and janitors, excluding civil security guards.
Labour Law Art.103, art.106, art.108

Special categories


» Young workers

Working hours shall be organized so that a minor may not work for more than four consecutive hours without one or more periods, each not less than half an hour, for rest, food and prayers, provided that the minor does not remain at the workplace for more than seven hours.
Labour Law Art.164

Weekly rest periods


Duration


» General

The weekly rest day shall be at full pay and shall not be less than twenty-four consecutive hours.
Labour Law Art.104(2)

Day specified


» General

Friday shall be the weekly rest day for all workers. However, the employer shall allow the workers to perform their religious obligations. The weekly rest day may not be compensated by cash.
Labour Law Art.104(1)

» Exceptions

After proper notification of the competent labor office, the employer may replace this day for some of his workers by any other day of the week.

An employer may not comply with the weekly rest day in the following cases:
(1) Annual inventory activities, preparation of the budget, liquidation, closing of accounts and preparations for discount and seasonal sales, provided that the number of days during which the workers work shall not exceed thirty days a year.
(2) If the work is intended to prevent a hazardous accident, remedy its impact or avoid an imminent loss of perishable materials.
(3) If the work is intended to meet unusual work pressure.
(4) Eids, other seasons, occasions and seasonal activities specified pursuant to a decision by the Minister.
Labour Law Art.104(1), art.106

Work on weekly rest day


» Criteria

As an exception, in remote areas and in jobs where the nature of work and operational conditions require continuous work, weekly rest periods accruing to the worker may be consolidated for up to eight weeks if the employer and the workers agree to that effect, subject to the Ministry¿s approval.

In calculating the consolidated weekly rest periods, it shall be taken into consideration that said periods begin at the hour the workers arrive at the nearest city with transportation services and end at the hour the workers return to it.
Labour Law Art.105

Special categories


» Young workers

Minors may not be made to work during the weekly rest days.
Labour Law Art.164

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Duration


» General

A worker shall be entitled to a prepaid annual leave of not less than twenty one days, to be increased to a period of not less than thirty days if the worker spends five consecutive years in the service of the employer.
Labour Law Art.109(1)

Payment


» Date of payment

The payment of the annual leave shall be paid in advance.
Labour Law Art.109

Schedule and splitting

A worker shall enjoy his leave in the year it is due. The employer may set the dates of such leave according to work requirements or may grant them in rotation to ensure smooth progress of work. The employer shall notify the worker of the date of his leave in sufficient time of not less than thirty days.

A worker may, with the employer�s approval, postpone his annual leave or days thereof to the following year.
An employer may postpone, for a period of not more than ninety days, the worker�s leave after the end of the year it is due if required by work conditions. If work conditions require extension of the postponement, the worker�s consent must be obtained in writing. Such postponement shall not, however, exceed the end of the year following the year the leave is due.
Labour Law Art.109, 110

Special categories


» Young workers

Minors may not be made to work during annual vacations.
Labour Law Art.164

PUBLIC HOLIDAYS


Number and dates

A worker shall be entitled to a paid leave of not less than ten days and not more than fifteen days, including Eid Al-Adha holiday, to perform Hajj only once during his service if he has not performed it before. To be eligible for this leave, the worker must have spent at least two consecutive years of service with the employer. The employer may determine the number of workers who shall be given this leave annually in accordance with work requirements.
Labour Law Art.114

Payment

Each worker shall be entitled to full-pay leave on Eids and occasions specified in the Regulations.
Labour Law Art.112

Work on Public Holidays


» Criteria

All working hours performed during holidays and Eids shall be deemed overtime hours.

A worker may not work for another employer, while enjoying any of his leaves provided for in this Chapter. If the employer proves that the worker has violated this provision, he may deprive him of his wages for the duration of the leave or recover any wages previously paid to him.
Labour Law Art.107(3), art.118

EMERGENCY FAMILY LEAVE

A worker shall be entitled to one day of paid leave in the case of childbirth and three days for marriage or in the case of the death of a spouse or one of his ascendants and descendants. The employer may request supporting documents for cases referred to.

A female worker whose husband passes away shall be entitled to a fully paid leave for a minimum period of fifteen days as of the date of death.
Labour Law Art.113, art.160

PART-TIME WORK


General provisions

Part time work means work performed by worker for an employer and for less than half the usual daily working hours at the firm, whether such a worker works on a daily basis or on certain days of the week.
However full-time workers who are affected by a collective temporary reduction in their normal working hours for economic, technical or structural reasons shall not be considered part-time workers.
Labour Law Art.2, art.119

NIGHT WORK


Special categories


Young workers

Minors may not work during a period of night the duration of which is not less than twelve consecutive hours, except in cases determined pursuant to a decision by the Minister.
Labour Law Art.163

Women

Women may not work during a period of night the duration of which is not less than eleven consecutive hours, except in cases determined pursuant to a decision by the Minister.
Labour Law Art.150

SHIFT WORK


Criteria for shift work

In firms where work is done in shifts, an employer may, with the Ministry�s approval, increase the number of working hours to more than eight hours a day or forty eight hours a week, provided that the average working hours in three weeks time shall not be more or less than eight hours a day or forty eight hours a week.
Labour Law Art.100

Results generated on: 21st October 2014 at 05:46:21.
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