The remuneration means the basic payment the worker receives or should receive in consideration of his work in addition to all elements stipulated in the contract or the employer by-laws.
Without prejudice to the social allowance and the children allowance granted by virtue of Law No. 19 of the year 2000, the remuneration shall include the payments made to the worker on periodic basis such as bonuses, benefits, allowances, grants, endowments or cash benefits.
In the event where the worker’s remuneration is a share of the net profits and the establishment did not make any profits or made little profits in such a way that the worker’s share is not proportionate to the work he performed, his remuneration shall be estimated based on the remuneration determined for a similar job or according to the profession custom or the prerequisites of fairness.
Remunerations are paid during the working days in the country’s currency, as follows:
a- Workers with a monthly remuneration shall receive their remunerations at least once a month.
b- Other workers shall receive their remunerations at least once every two weeks.
Payment of remunerations shall not be delayed for more than seven days after the due date thereof.
The employer, who employs his workers in accordance with the provisions of this Law, shall pay the workers’ entitlements to their accounts at local financial establishments. He shall also send a copy of statements submitted to these institutions in this regard to the Ministry of Social Affairs and Labor.
A resolution by the Council of Ministers shall be issued based on the proposal of the ministers of Social Affairs and Labor, and Finance in order to determine these institutions and the regulations relevant to these accounts in terms of charges, commissions and relevant organizational procedures.
The employer shall not be allowed to transfer a worker who is paid on a monthly basis to another category of payment without a written consent from such worker and without prejudice to the rights the worker has acquired by working on a monthly basis.
a- It is not allowed to deduct more than 10 percent of the worker’s remuneration for the payment of loans or debts due to the employer who shall not impose any interest thereon.
b- Not more than 25% of the remuneration due to the worker may be attached, waived or deducted for the debt of alimony or the debt related to food, clothes or other debts including debts toward the employer. Where the various debts compete for the aforesaid portion of the remuneration, the alimony debt shall have priority over the other debts.
The worker shall not be obliged to buy foodstuffs or commodities from specific outlets or products produced by the employer
The employer shall pay the workers’ remunerations during the closure period, in the event where he deliberately closes the establishment to force the workers to obey and submit to his demands. He shall also pay the remuneration of workers throughout the complete or partial period of closure in case such closure is due to any other reason not related to the workers as long as the employer wishes them to keep working for his account.
The calculation of the worker’s entitlements shall be made on the basis of the last remuneration received by the worker. In the event where the worker is paid based on piecework, his remuneration shall be defined by the average of the remuneration earned by him during the actual working days in the last three months.
The cash and in-kind benefits shall be calculated by dividing the average of the amount earned by the worker during the last 12 months by the entitlements. In the event where the period of service is less than one year, the average shall be calculated according to the period of his actual service. The worker’s remuneration may not be reduced for any reason during the period of service.
The Minister shall issue a resolution every five years at the latest, in which he shall fix the minimum remuneration depending on the nature of the various professions and industries, taking into consideration the rate of inflation witnessed by the country and after discussing such resolution with the Advisory Committee for Labor Affairs and the competent organizations.
Working Hours and Weekends
Without prejudice to the provisions of Article (21) of this Law, it is forbidden to allow workers to work for more than 48 hours per week or 8 hours a day, except in such events as are specified in this Law. Working hours during the month of Ramadan shall be equal to 36 hours per week.
However, it shall be allowed, by a ministerial resolution, to reduce working hours in hard jobs, jobs that are harmful by nature or for severe circumstances
a- Workers shall not be required to work for more than five consecutive hours a day without a break of a minimum of one hour that is not included in the working hours.
The Financial, commercial and investment sectors shall be excluded from this provision and the working hours shall be equal to eight consecutive hours.
b- After having obtained consent of the Minister, workers may be required to work without a rest break for technical and urgent reasons or in office work provided that the total daily working hours is one hour less than the number of daily working hours specified in Article (64).
Without prejudice to Articles (21) and (64) of this Law, the employer may, by means of a written order, have workers work overtime if the necessity arises for the purpose of preventing a dangerous accident, repairing damages arising from such accident, avoiding a loss or facing an unusual work load. The overtime work should not exceed two hours a day, a maximum of 180 hours a year, three days a week or 90 days a year. The worker shall have the right to prove by any means that the employer required him to perform additional works for an additional period of time. The worker shall also be entitled to a 25 percent increase over his original remuneration for the period of overtime.
This remuneration shall be in conformity with Article (56) of this Law. The employer shall keep a special record for overtime work showing the dates, number of hours worked and remunerations paid in consideration of the additional work assigned to the worker.
The worker shall be entitled to a paid weekend which is equal to 24 continuous hours after every six working days. The employer may call the worker for work during his weekend if the necessity arises. The worker shall be entitled to at least 50 percent of his remuneration, in addition to his original remuneration and to another day off instead of the one on which he worked.
The preceding paragraph does not affect the calculation of the worker’s rights including his daily remuneration and his leaves. This right is calculated by dividing his remuneration by the actual working days without including the weekends, although these weekends are paid.
The fully-paid official holidays are as follows:
a- Hegeira New Year: 1 day
b- Isra’ and Mi’raj day: 1 day
c- Eid Al-Fitr: 3 days
d- Waqfat Arafat: 1 day
e- Eid Al-Adha: 3 days
f- Prophet’s Birthday (Al-Mawlid Al-Nabawi): 1 day
g- National Day: 1 day
h- Gregorian New Year: 1 day
In the event where the worker is required to work during any of the above mentioned holidays, he shall be entitled to a double remuneration and an additional day off.
Subject to the provisions of Article (24) of this Law, the worker shall be entitled to the following sick leaves during the year:
– 15 days – at full pay
– 10 days – at three quarters of the pay
– 10 days – at half pay
– 10 days – at quarter pay
– 30 days without pay.
The worker shall provide a medical report from the doctor appointed by the employer or the doctor of the government medical center. In the event of conflict regarding the necessity of a sick leave or its duration, the report of the government doctor shall be adopted.
Incurable diseases shall be excluded pursuant to a resolution issued by the competent minister, in which he shall specify the types of incurable diseases.
Paid Annual Leaves
The worker shall be entitled to a 30-day paid annual leave. However, the worker shall not be entitled to a leave for the first year of work except after at least 9 months of service for the employer. Official holidays and sick leaves during the year shall not be counted as annual leave. The worker shall be entitled to a leave for the fractions year in proportion with the period he spent in actual service, even the first year of service.
The worker shall be paid for his annual leave before taking such leave.
The employer shall have the right to determine the date of the annual leave and divide such leave after the first 14 days thereof, with the consent of the worker.
The worker shall have the right to accumulate his leave entitlements provided that they do not exceed two years and he shall be entitled to take his accumulated leave all at once subject to the approval of the employer.
Without prejudice to the provisions of Articles 70 and 71, the worker shall be entitled to a cash consideration for all his accumulated annual leaves upon the expiry of his contract.
Without prejudice to the provisions of Article (72), the worker shall not waive his annual leave with or without compensation. The employer shall have the right to recover the remuneration paid to the worker for this leave in the event where the worker is found to have worked for another employer during that leave.
The employer may grant the worker a paid academic leave to obtain a higher degree in his work field, provided that the worker shall work for the employer for a period of time equal to the period of the academic leave that should no exceed 5 years. In the event where the worker violates this condition, he shall be obliged to repay the remuneration paid to him during the leave in proportion to the remaining period of work.
The worker who spent two continuous years working for the same employer shall be entitled to 21 days leave with pay to perform Al-Hajj provided that he had not performed hajj before.
In the event of a first and second degree relative’s death, the worker shall be entitled to a three-day fully paid leave.
The Muslim working woman, whose husband has died, shall be entitled to a fully paididdat leave for four months and ten days from the date of death. During this leave, the working woman shall not be entitled to work for another employer. The conditions of grating this leave shall be organized by a resolution of the Minister.
The non-Muslim working woman, whose husband has died shall be entitled to a paid leave of 21 days.
The employer shall have the right to give the worker a paid leave to attend conferences, annual gatherings and labor meetings.
The Minister shall issue a resolution setting forth the conditions and regulations governing the granting of such leave.
The employer may grant his worker, upon his request, an unpaid leave other than the leaves mentioned in this chapter.
Safety and Occupational Health
Rules of Safety and Occupational Health
Each employer shall maintain a file for each worker wherein shall be kept copies of the worker’s work permit, work contract, civil ID, documents relevant to annual leaves and sick leaves, overtime hours, work injuries and occupational diseases, penalties imposed on the worker, end of service date and reasons behind, copy of receipts proving that documents he submitted to the employer such as documents, tools, certificates have been returned to him after the end of his service.
Each employer shal keep occupational safety registers in accordance with the forms and regulations stipulated in a resolution issued for this purpose by te Minister.
The employer shall post at a conspicuous locate at the work place a list approved by the competent labor department stating the daily working hours, break, weekends and official holidays.
The employer shall take all the safety measures to protect workers, machines and materials used in the establishment, and occasional visitors against work risks. The employer shall further provide safety and occupational health aids required for this purpose as stipulated in the resolution issued by the competent minister after considering the opinion of competent authorities.
The worker shall not bear any costs and no amounts shall be deducted from the worker’s remuneration in consideration for providing him with protection means.
The employer shall, before the worker starts work, clarify to the latter the risks that he may face during work and the preventive measures that should be taken.
The Minister shall issue resolutions concerning the instructions and warnings that should be placed at conspicuous locations at the work place, and personal safety equipment that should be provided by the employer for the various activities.
The Minister shall, after seeking the opinion of competent authorities, issue a resolution specifying the types of activities for which safety and occupational health equipment and means should be provided for workers. Technicians or specialists shall also be appointed to monitor observance of safety and occupational health requirements. The resolution shall specify the qualifications and duties of those technicians and specialists and the training programs they shall undertake.
The employer shall take the necessary precautions to protect the worker from health damage and occupational diseases that may arise from the performance of the work. He shall also provide first aid treatments and medical services.
The Minister shall, after seeking opinion of the Ministry of Health, issue resolutions regulating the precautions and specifying the list of occupational diseases and the industries and works that cause them, hazardous materials and permitted levels of concentrations.
The worker shall take preventive measures and use the equipment in his possession with care. He shall also abide by the safety and health instructions designed to protect him from injuries and occupational diseases.
Subject to the provisions of the social security law, the employer shall provide insurance coverage for his workers from insurance companies against work injuries and occupational diseases.
Work Injuries and Occupational Diseases
When implementing the provisions of work injury insurance according to the Social Security Law, the said provisions shall replace the provisions set forth in the following articles in respect of work injuries and occupational diseases with regard to the persons covered by such insurance.
In the event where the worker suffers an injury in an accident that took place by cause of or during the work or while he was on his way to work or back from work, the employer shall immediately report the accident upon the occurrence thereof or as soon as he becomes aware thereof, as the case may be, to the following:
a- Nearest police station
b- Nearest labor department
c- Public Institution for Social Security or the competent insurance company providing insurance for workers against work injuries. The worker or his representative shall also have the right to report the incident if he is able to do so.
Without prejudice to the provisions of Law No. 1 of the year 1999 concerning health insurance for expatriates and the imposition of fees against health services, the employer shall bear all costs for the treatment of the worker who suffers work injuries or occupational diseases, at governmental hospitals or private treatment centers, including medicine and transportation expenses. The attending physician shall determine in his report the period of treatment, extent of disability resulting from the injury, and the extent of the worker’s ability to resume his work.
The worker and the employer shall have the right to object against the medical report before the Medical Tribunal at the Ministry of Health within a month from the date of issue of such report and by virtue of an application submitted to the competent authority.
Each employer shall periodically submit to the competent ministry statistics relevant to work injuries and occupational diseases that occurred in his establishment.
The Minister shall issue a resolution specifying the time limits for submitting these reports.
The worker who suffers a work injury or occupational disease shall be entitled to his full remunieration throughout the period of treatment specified by the attending physician. In the event where the treatment period exceeds six months, the employee shall be entitled to half the salary until he completely recovers or until he is proven disabled or dead.
The worker or the beneficiaries through him shall have the right to claim compensation for the work injury or occupational disease in accordance with the list issued by means of a resolution of the Minister after considering the opinion of the Minister of Health.
The worker shall not be entitled to compensation in the event where the investigation reveals that:
a- The worker has intentionally injured himself.
b- The injury was a result of a gross and deliberate misconduct by the worker, and such misconduct shall be deemed to include any conduct resulting from the consumption of alcohol or drugs,m any violation of the instructions designed to ensure protection against work hazards and occupational diseases posted at a conspicuous location at the work place except injuries that result in the death of the worker or his suffering a permanent loss of 25% of his total body ability.
In the event where the worker suffers an occupational disease or shows symptons of occupational disease during the period of service or one year after his resignation, he shall be subject to Articles 93, 94 and 95 of this Law.
1- The medical report issued by the attending physician or by the Medical Arbitration Panel regarding the condition of the injured worker shall specify the liability of the former employers – each in proportion with the period spent by the worker in his service – in the event where the industries or the works performed by such employer result in such disease.
2- The worker or the beneficiaries through him shall be entitled to the compensation stipulated in Article (94) from the Public Institution for Social Security or the insurance company, and each of these two entities shall have the right of recourse against the former employers in respect of their respective liability provided for in paragraph (1) of this Article.