Workers’ rights in the private sector

Workers’ rights in the private sector

Workers’ rights in the private sector receive significant attention in the Kingdom of Saudi Arabia, where protecting workers’ rights and providing a safe and fair work environment are among its primary priorities. In this context, numerous rules and regulations have been issued that aim to promote workers’ rights and ensure they receive all their labor dues, thus contributing to achieving a balance between the interests of workers and employers This reflects the Kingdom’s interest in promoting social justice, providing job opportunities and ensuring rights in line with its ambitious vision for 2030, to build a strong and sustainable economy based on qualified and legally protected human resources.

Based on the above, this article aims to raise awareness among workers and employers in the private sector about the importance of being aware of workers’ rights in accordance with the labor system and regulations in force in the Kingdom of Saudi Arabia, to ensure a fair and stable work environment that contributes to enhancing productivity and achieving a balance between the interests of workers and employers, in a way that achieves sustainable development and protects the rights of all parties in accordance with the approved systems and regulations.

What is meant by workers in the private sector

Private sector workers in Saudi Arabia are individuals who work for employers who own establishments in the fields of trade, industry, and services. These workers are subject to the provisions of the Saudi Labor Law, whereby workers work for the employer and under his management or supervision in exchange for a wage, even if it is away from his supervision, and under a written or unwritten employment contract, regardless of the type of wage or the method of its payment.

Workers’ rights in the private sector

Types of rights of private sector workers

The Saudi labor system guarantees many rights for private sector workers in Saudi Arabia. This multiplicity of rights reflects the Kingdom’s keenness to provide a balanced and stable work environment that guarantees workers dignity and rights, and contributes to enhancing productivity and social stability. Among the most prominent rights of private sector workers in Saudi Arabia are the following:

• Number of working hours in Saudi Arabia 

A worker may not be employed for more than eight hours per day if the employer applies the daily standard. However, if the employer applies the weekly standard, he is obligated not to employ a worker for more than forty-eight hours per week.

Working hours during Ramadan are reduced to no more than six hours per day or thirty-six hours per week.

The number of working hours may be increased to nine hours, for some categories of workers or for some industries and businesses in which the worker does not work continuously.

The number of working hours may be reduced to seven hours per day for some groups as well, or for some dangerous or harmful industries or businesses, such as mineral extraction, explosives, or tanneries.

In establishments where the nature of the work requires shift work, the employer must work more than eight hours per day or forty-eight hours per week, provided that the average working hours, when calculated for three weeks or less, do not exceed eight hours per day or forty-eight hours per week, provided that the Ministry’s approval is obtained.

• Worker rest periods in Saudi Arabia 

A worker may not be employed for more than five consecutive hours without a period of rest, prayer, and food. This rest period shall not be less than half an hour at a time during the total working hours, and the worker shall not remain at work for more than twelve hours per day.

Periods designated for rest, prayer, and food are not included in actual working hours.

During rest periods, the worker is not under the authority of the employer, and the employer does not have the right to oblige the worker to remain inside the workplace during his rest period.

For work decided by the Minister in which it is necessary to continue work without the worker obtaining a rest period for technical reasons or operating conditions, the employer is obligated to give the worker a period of prayer, food, and rest, which is carried out in a manner organized by the facility’s management during work.

• Weekly rest for workers in Saudi Arabia 

Friday is the usual day for weekly rest for workers in Saudi Arabia, for all work in Saudi Arabia.

Weekly rest must be paid in full and not less than twenty-four consecutive hours.

The employer may replace Friday for some of his workers with another day of the week after he notifies the relevant labor office and enables the workers to carry out their religious duties on Friday.

The weekly rest day may not be compensated with cash.

The weekly rest periods due to the worker may be collected in places far from urban areas and in jobs where the nature of the work and operating conditions require continued work, provided that the collection period does not exceed eight weeks if the employer and the worker agree with the approval of the Ministry, taking into account calculating the rest period from the hour in which the worker arrives at the nearest city where transportation is available and ending with the hour of return to it.

• The worker receives additional wages 

The employer must pay the worker an additional wage for overtime hours equal to the hourly wage plus (50%) of his basic wage. The employer may, with the worker’s consent, count the worker’s paid compensatory leave days in lieu of the wage due to the worker for overtime hours. The regulations specify the provisions related to this.

If the facility operates on the basis of the weekly standard of working hours, hours in excess of the hours taken for this standard shall be considered overtime.

All working hours performed on holidays and festivals are overtime.

• Workers receive annual leave 

Workers in Saudi Arabia are entitled to annual leave of no less than twenty-one days for each year, and this leave may be increased to a period of no less than thirty days if the worker has served his employer for five consecutive years.

The leave shall be paid in advance, and the worker may, with the employer’s approval, postpone his annual leave or days thereof to the following year.

• Workers take some other types of leave 

The worker is entitled to receive wages for the days of leave due if he leaves work before using it, for the period for which he did not receive his leave.

The worker is entitled to vacation pay for parts of the year in proportion to what he spent at work

Every worker has the right to leave with full pay on holidays and occasions, which is as follows:

Eid al-Fitr holiday is for four days, starting from the day following the twenty-ninth day of Ramadan.

Eid al-Adha holiday lasts for four days, starting from the day of standing at Arafat.

One day National Day holiday for the Kingdom.

The worker has the right to leave with full pay for a period of five days upon his marriage, or in the event of the death of his spouse or one of his ascendants or descendants, and three days in the event of the death of a brother or sister, all of which are counted from the date of the incident, and three days in the event that a child is born to him within seven days from the date of birth. The employer has the right to request documents supporting these cases.

The worker is entitled to a paid leave of not less than ten days and not more than fifteen days, including Eid al-Adha leave, to perform the Hajj pilgrimage once throughout his period of service if he has not performed it before. To be entitled to this leave, the worker must have spent at least two consecutive years working for the employer The employer may determine the number of workers granted this leave annually in accordance with work requirements.

The worker has the right to obtain leave with full pay to take the exam for an unusual year, the duration of which is determined after the actual exam days. However, if the exam is for a recurring year, the worker has the right to leave without pay for the number of actual exam days.

The worker is entitled to sick leave with pay for the first thirty days, three-quarters of the pay for the following sixty days, and no pay for the following thirty days during one year, whether these leaves are continuous or intermittent.

• Workers receive end-of-service benefits 

The worker is entitled to a sum of money that the employer is obligated to pay based on his period of service and the last wage he received. If the worker’s service ends, the employer must pay his wage and liquidate his rights within a week at most from the date of termination of the contractual relationship. However, if the worker is the one who terminated the employment contract, the employer must liquidate his rights in full within a period not exceeding two weeks.

The employer may deduct any debt owed to him due to work from the amounts owed to the worker.

If the employment relationship ends, the employer must pay the worker a bonus for his period of service, calculated on the basis of half a month’s wages for each of the first five years, and one month’s wages for each of the following years. The latter wage is the basis for calculating the bonus, and the worker is entitled to a bonus for parts of the year in proportion to what he spent on work.

• Rights of working women in Saudi Arabia 

In addition to the right of working women to obtain all types of stipulated rights, working women are entitled to maternity leave with full pay for a period of twelve weeks, of which the six weeks following childbirth are obligatory. They may distribute the remaining six weeks as they see fit, starting four weeks before the likely date of childbirth. The likely date of childbirth is determined by a medical certificate certified by a health authority If the remaining leave period is less than six weeks due to the delay in delivery from its likely date, the period completed shall be counted as leave without pay. In all cases, the working woman has the right to extend this leave for one month without pay.

A working woman, in the event of giving birth to a sick or disabled child whose health condition requires a continuous companion, is entitled to a month’s leave with full pay, beginning after the end of the maternity leave period. She also has the right to extend the leave for a month without pay.

Workers’ rights in the private sector

In conclusion

 Understanding the types of workers’ rights in the private sector included in the Saudi labor system is essential to protecting workers’ rights and ensuring a fair work environment. Workers’ knowledge of their rights and duties contributes to strengthening the culture of justice and equality at work, which leads to improving their relationships with employers and enhances productivity in the private sector. Awareness of these rights also contributes to strengthening social and economic stability, and reflects the Kingdom’s commitment to achieving sustainable development in accordance with Vision 2030.

Do not hesitate to contact the office of lawyer Abdul Majeed Al Rashid for Law and Legal Consultations