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18 Rabee' Al-Awwal 1445
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Law No. 14 of 2004 on the promulgation of Labour Law
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Chapter Seven
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Organization of Hours of Work and Holiday
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Law No. 14 of 2004 on the promulgation of Labour Law
Law Summary Record
Type:
Law
Number:
14
Date:
19/05/2004 Corresponding to 30/03/1425 Hijri
Number of Articles:
150
Status:
In force
Official Gazette :
Issue:
9
Offcial Journal Issue
Publication Date:
06/07/2004 Corresponding to 19/05/1425 Hijri
Page from:
229
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Section Name
Organization of Hours of Work and Holiday
73 Article
The maximum ordinary working hours shall be forty-eight hours per week, at the rate of eight hours per day throughout all months of the year, except for the month of Ramadan, when the maximum working hours shall be thirty-six hours per week at the rate of six hours per day.
The time spent by the Worker in travel to and from the place of Work and his residence shall not form a part of the working hours.
The working hours shall include one or more intervals for prayer, rest and the taking of meals which shall not be less than one hour and not more than three hours. These intervals shall not be counted in the calculation of the working hours or taken into consideration in specifying intervals or intervals of rest, and the Worker shall not Work for more than five consecutive hours.
A resolution from the Minister shall be issued in respect of the type of Work which may require continuity without rest interval.
74 Article
The Workers may work additional hours more than the working hours specified in the preceding Article, provided that the actual working hours per day shall not exceed ten hours, unless continuation of the Work is necessary for the prevention of gross loss or dangerous accident or for mitigation of the consequences of the said loss or accident. The Employer shall pay the Worker for the additional working hours at the rate of not less than the Basic Wage plus not less than 25% thereof. The Employer shall pay the Worker for the additional hours not less than the Basic Wage due for the ordinary working hours plus an increment of not less than 25% thereof.
With the exception of the shift Workers, the Workers who work between 9
pm and 6
am shall be paid the Basic Wage plus an increase of not less than 50% thereof.
75 Article
The Worker shall be offered a paid weekly rest, not to be less than twenty-four consecutive hours. Friday is the usual weekly rest day for all the Workers, except the shift Workers.
If the Work circumstances necessitate Worker to work on the weekly rest day, he shall be compensated for the rest day by another day, and be paid for such Work what is payable to him on the weekly rest day or the due Basic Wage plus an increment of at least 150% thereof.
With exception of the shift Workers, it shall not be permitted to employ the Worker for two consecutive Fridays.
76 Article
The provisions of Articles 73, 74, 75 of this Law shall not apply to persons occupying senior positions, if such positions provide them with enjoyment of the authorities of the Employer over the Workers. The provisions of the aforesaid Article 73 shall not apply to the following categories:
The Workers who carry out preparatory and complementary Work that shall be performed before or after the working hours.
Guarding and cleaning Workers.
The other categories of Workers to be specified by an order of the Minister.
And the maximum working hours for such Work shall be specified by an order of the Minister.
77 Article
The Employer shall post up at the main entrance gates used by the Workers and also in a conspicuous place in the workplace a table showing the closure or weekly rest day, the working hours and the rest intervals for all categories of the Workers, and shall furnish the Department with a copy of such table.
78 Article
The Worker shall be entitled annually to leave with full Remuneration as follows:
1. Three working days for Eid EI-Fitr.
2. Three working days for Eid Al-Adha.
3. One working day for the Independence Day.
4. Three working days to be specified by the Employer.
If the circumstances of the Work require the employment of the Worker during any such leave days, the provisions of Article 75 of this Law shall be applied in this respect.
79 Article
The Worker who has completed a continuous whole year in the service of the Employer shall be entitled to annual leave with the Remuneration stipulated in Article 72 of this Law. This leave shall not be less than three weeks for the employment of less than five years, and four weeks for the employment of five years or more. The Worker shall be entitled to a leave for fractions of the year in proportion to the period of his service.
80 Article
The Employer shall determine the date of the annual leave for the Worker in accordance with the Work requirements and may divide the leave with the consent of the Worker provided that the division shall not be into more than two periods.
The Employer may, by virtue of a written request from the Worker, postpone not more than half of the annual leave to the next year following its maturity.
81 Article
The Worker may not waive his right to the annual leave. Any agreement to the contrary shall be and void. If the Employment Contract ended, for any reason, before taking such leave, the Worker shall be entitled to a cash alternative equivalent to his payment for the due leave days.
82 Article
The Worker shall be entitled to sick leave with pay for each year of his service. This sick leave shall not be granted unless after the expiry of three months from the date of commencement of his work for the first time, provided that the Worker proves his sickness by a medical report issued by the competent physician approved by the Employer.
The Worker shall receive his full Remuneration if the period of the sick leave did not exceed two weeks. If the sick leave extends thereafter the Worker shall be paid half of his Remuneration for other four weeks. The extension of the sick leave thereafter shall be without Remuneration until the Worker resumes his Work or resigns or his service is terminated for health reasons.
The service of the Worker may be terminated at the end of the twelfth weeks of the sick leave if it has been proved by a report issued by the Licensed Physician that the Worker is unable to resume his Work at that time.
If the Worker resigned by reason of sickness, and with the approval of the Licensed Physician, before the end of the six weeks to which the Worker is entitled as sick leave with pay, the Employer shall pay to him the balance of his entitlements. This provision shall also apply in the event of death by reason of sickness before the end of the aforesaid six weeks.
The previous provisions shall not prejudice the right of the Worker in his entitlements to an end of service gratuity. The sick leave for the twelve-week period taken by the Worker shall not be deemed to constitute an interruption of his Continuous Service.
83 Article
The Muslim Worker shall be entitled to have a special leave without Remuneration not exceeding twenty days for the performance of the pilgrimage duty once throughout his service period. The Employer shall determine annually the number of Workers offered such leave, in accordance with the Work requirements, subject to giving priority to the Worker who has spent the longest continuous period in service.
84 Article
The Worker shall not be allowed to work with another Employer during any of his leave period, and if it has been proved to the Employer that the Worker has violated this stipulation, he may deprive him of the Remuneration for the leave period and recover what he has already paid in lieu of such leave.
85 Article
The Employer shall not terminate the Employment Contract or notify the Worker of the termination thereof, during any of his periods of leave stated in this Law.
The Employer shall also not notify the Worker of the termination of the Employment Contract, if the notice period ends during any of those periods.
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