3. What are the requirements for probation period?
- If the worker is subject to a probation period, the same shall be expressly stated and clearly indicated in the work contract, provided that such probation period shall not exceed 90 days. The probation period may be extended by written agreement between the worker and the employer, provided that it shall not exceed 180 days.
- A worker may not be placed on probation more than once by the same employer. As an exception, the worker may, with the approval of contract parties, in writing, be subjected to another probation period provided that such period involves
- another profession
- or work,
- or if a period of no less than six months has elapsed since the termination of the employment relationship between the worker and the employer.
- Eid Al-Fitr and Eid Al-Adha holidays and sick leaves shall be excluded from the calculation of the probation period.
- If the contract is terminated during the probation period, neither party shall be entitled to compensation nor shall the worker be entitled to an end-of-service award.
2. What shall be included in the contract?
The Ministry shall create a unified form of employment contract, which shall primarily include
- the name and place of the employer
- the name and nationality of the worker, proof of identity,
- place of residence,
- agreed upon wage, including benefits and allowances,
- nature and location of work,
- date of employment,
- and duration of the contract if fixed.
1. What is the employment contract?
- An employment contract is a contract concluded between an employer and a worker, whereby the latter undertakes to work under the management or supervision of the employer for a wage.
- The employment contract shall be executed in duplicate, one copy to be retained by each party. However, a contract shall be deemed to exist even if not written. In this case, the worker alone may establish the contract and his entitlements arising therefrom by all methods of proof. Either party may, at any time, require to write the contract. As for workers of the government and public corporations, the appointment decision or order issued by the competent authority shall serve as the contract.
- :" Non- Saudi employment contract shall be fixed- term and in writing. If the term is not specified in the contract, the term of the work permit shall be deemed the term of the contract.
7. Is the female worker entitled to the maternity leave in case of miscarriage, Allah forbids?
Article (151) of the Saudi Labor Law expressly stipulates that the female worker is entitled to the maternity leave only in the case of delivery. The Law never provides for granting such leave to the female worker in the case of miscarriage. Therefore, such leave may not be granted for other purposes. The miscarriage may be deemed sick leave, as legally prescribed.
6. What is the daily break for breastfeeding?
When a female worker returns to work following a maternity leave, she shall be entitled, in addition to the rest periods granted to all workers, to a rest period or periods not exceeding in aggregate one hour a day for nursing her infant. Such period (s) shall be calculated as part of the actual working hours and shall not entail any reduction in wage.
5. What are the leaves due to the female worker?
- Female worker shall be entitled to fully paid maternity leave for a period of 10 weeks to be divided at the female worker’s discretion. Such period may start four weeks prior to the expected date of delivery. Expected date of delivery shall be determined, based on a medical report certified by a health authority.
- In the event of giving birth of a sick child or a child with special needs whose health condition requires a constant companion, a female worker shall be entitled to a one-month leave with full pay starting at the end of the maternity leave and she shall be entitled to extend the leave for an additional month as unpaid leave.
- A Muslim female worker, whose husband dies, shall be entitled to ‘iddah leave’ with full pay for a period of not less than four months and 10 days starting from date of death. If she is pregnant, such leave may be extended without pay until her delivery. She may not, following childbirth, use the remainder of the leave granted to her under this Law.
- A non-Muslim female worker, whose husband, dies shall be entitled to a fifteen-day leave with full pay.
In all cases, a female worker, whose husband dies, may not work for others during such leave period.
4. May the employer employ the female workers during the six weeks immediately following delivery?
A woman may not, under any circumstances, work during the six weeks immediately following delivery. She shall be entitled to extend the leave for an additional one month as unpaid leave.
3. What are the leave rights of the female workers in the cases of pregnancy and delivery?
- An employer shall provide medical care for female workers during pregnancy and delivery. Article (153)
- An employer may not terminate the employment of a female worker or give her a warning of the same during her pregnancy or while she is on maternity leave. This shall include the period she is ill as a result of either of them, provided that her illness is documented pursuant to an official medical report, and that her absence does not exceed 180 days a year whether separately or consecutively. Article (155)
2. What are the general rights and duties of the female workers?
- In all occupations and places where women are employed, the employer shall provide them with seats for resting.
- In the women- only closed facilities, only female workers are allowed.
- An employer who employs 50 female workers or more shall provide them with a suitable place with an adequate number of babysitters to look after the female workers’ children under the age of six years, if the number of children reaches 10 or more. The Minister may require an employer who employs 100 women or more in a single city to set up a nursery, either on his/her own or in conjunction with other employers in the same city, or alternatively, to contract with an existing nursery to care for the children of the female workers who are under six years of age during work periods. In such case, the Minister shall set forth the terms and conditions regulating such facilities as well as the charges imposed on the female workers benefiting from this service.
1. How does the Ministry ensure that the requirements are fulfilled at the women’s stores?
HRSD conducts inspection campaigns for ensuring that the owners of the stores implement the decision and adhere to its controls.
1. What are the channels of communication with the Ministry of Human Resources and Social Development?
You can contact the Customer Service Center on 19911 or via the website: https://hrsd.gov.sa/ or on Twitter: @HRSD_SA.
If an employer submits a requirement application for a specific activity, why he is requested to renew all licenses for the branches?
It is required to renew all licenses of other branches to ensure that the establishments are still in place and are doing their work as well as knowing the fate of previous employment. So that the purpose will not just be to obtain a greater number of visas.