Workers can’t be shifted from original workplace

Jeddah, Dec 14: Employers are not permitted to transfer workers from their original place of work to another location if this requires changing the place of residency, or if the transfer jeopardizes the health of an employee, the Ministry of Labor said.

The ministry came out recently with details of the Kingdom's new labor law dealing with the rights and duties of both employer and employee, work environment, disciplinary action and service termination.

According to the ministry, employers are required to provide employees leave for Eid Al-Fitr, Eid Al-Adha, and illness during their probationary period, and both parties have the right to terminate the contract during this period unless the contract specifically states that this right belongs to only one party.

Employers may not change the payment schedule of an employee from a monthly basis to a weekly, daily, or hourly basis, unless the employee has agreed to this in writing and such change does not violate any of the employee’s rights.

As per Article 38 of the Labor Regulations, employers may not assign work that is different from what has been agreed upon without the employee’s consent in writing, and such work may not exceed more than 30 days per year. Employers must also refrain from subjecting workers to forced labor and may not withhold part of or all their wages without judicial approval.

Employers must facilitate the authorities to carry out their work related to monitoring and imposing regulations, as well as preventing the entry of any unauthorized substances to the workplace.

The ministry said employees are entitled to a certificate of service upon termination of the contract that indicating the dates of employment, the employee’s position, duties, and wages.

As for the duties of employees, the ministry said workers should fulfill all work requirements provided tasks do not create any moral or health issues, and must return any machinery, tools, equipment owned by the employer. Employees must also complete medical examinations before starting work to ensure they are free from disease.

With regard to grievances and disciplinary action, employers should respond to any complaints and may not change any terms during the reconciliation or arbitration process in a manner that may harm the employee.

The employer is permitted to resort to warnings and fines, as well as withholding or delaying a raise or promotion for a period of no more than one year, suspending work with no pay, and terminating the employee’s contract.

According to the ministry, penalties against the employee for disciplinary reasons may not involve withholding wages of more than five days, or for more than 5 days per month. Suspension of services may also not exceed 5 days per month, and no disciplinary action against an employee can be taken until after the employee has been informed in writing and given a chance to respond in his defense within 15 days.

Responses from the employee must be made to the committee of labor dispute, which must issue a decision within 30 days.