Rule 4 – Worker System and Conditions
Article 55 to Article 97
Section One – The Remuneration
Article (55)
The remuneration means the essential payment the worker receives or should receive in consideration of his add addition to all or any elements stipulated within the contract or the employer by-laws. Without prejudice to the social allowance and therefore the children allowance granted under Law No. 19 of the year 2000, the remuneration shall include the payments made to the worker periodically like bonuses, benefits, allowances, grants, endowments or cash benefits.
In the event where the worker’s remuneration may be a share of internet profits and therefore the establishment didn't make any profits or made little profits in such how that the worker’s share isn't proportionate to the work he performed, his remuneration shall be estimated supported the remuneration determined for an identical job or consistent with the profession custom or the prerequisites of fairness.
Article (56)
Remunerations are paid during the working days within the country’s currency, as follows:
a- Workers with a monthly remuneration shall receive their remunerations a minimum of once a month.
b- Other workers shall receive their remunerations a minimum of once every fortnight.
The payment of remunerations shall not be delayed for quite seven days after the maturity thereof.
Article (57)
The worker, who employs his workers in conformance with the provisions of this Law, shall pay the workers’ entitlements to their accounts at local financial establishments. He shall also send a replica of the statements submitted to those institutions during this reference to the Ministry of Social Affairs and Labor.
A resolution by the Council of Ministers shall be issued supported the proposal of the ministers of Social Affairs and Labor, and Finance to work out these institutions and therefore the regulations relevant to those accounts in terms of charges, commissions, and relevant organizational procedures.
Article (58)
The employer shall not be allowed to transfer a worker who is paid every month to a different category of payment without written consent from such worker and without prejudice to the rights the worker has acquired by performing every month.
Article (59)
a- it's not allowed to deduct quite 10 percent of the worker’s remuneration for the payment of loans or debts thanks to the employer who shall not impose any interest thereon.
b- less than 25% of the remuneration thanks to the worker could also be attached, waived or deducted for the debt of alimony or the debt associated with food, clothes or other debts including debts toward the employer. Where the varied debts compete for the aforesaid portion of the remuneration, the alimony debt shall have priority over the opposite debts.
Article (60)
The worker shall not be obliged to shop for foodstuffs or commodities from specific outlets or products produced by the employer.
Article (61)
The employer shall pay the workers’ remunerations during the closure period, within the event where he deliberately closes the establishment to force the workers to obey and undergo his demands. He shall also, pay the compensation of workers throughout the entire or partial period of closure just in case such the closure is thanks to the other reason not related to the workers as long because the employer wishes them to stay working for his account.
Article (62)
The calculation of the worker’s entitlements shall be made on the idea of the last remuneration received by the worker. In the event where the worker is paid supported piecework, his remuneration shall be defined by the type of the remuneration earned by him during the particular working days in the last three months.
The cash and in-kind benefits shall be calculated by dividing the typical of the quantity earned by the worker during the last 12 months by the entitlements. In the event where the amount of service is a smaller amount than one year, the typical shall be calculated consistent with the amount of his actual service. The worker’s remuneration might not be reduced for any reason during the amount of service.
Article (63)
The Minister shall issue a resolution every five years at the newest, during which he shall fix the minimum remuneration counting on the character of the varied professions and industries, taking into consideration the speed of inflation witnessed by the country and after discussing such resolution with the Advisory Committee for Labor Affairs and competent organizations.
Section Two – Working Hours and weekends
Article (64)
Without prejudice to the provisions of Article (21) of this Law, it's forbidden to permit workers to figure for quite 48 hours per week or 8 hours a day, except in such events as are laid out in this Law.
Working hours during the month of Ramadan shall be adequate to 36 hours per week.
However, it shall be allowed, by a ministerial resolution, to scale back working hours in hard jobs, jobs that are harmful naturally or for severe circumstances.
Article (65)
a- Workers shall not be required to figure for quite five consecutive hours each
a day without a break of a minimum of 1 hour that's not included within the working hours.
The Financial, commercial and investment sectors shall be excluded from this provision and therefore the working hours shall be adequate for eight consecutive hours.
b- After having obtained the consent of the Minister, workers could also be required to figure without a rest break for technical and urgent reasons or in paperwork as long as the total daily working hours is one hour but the number of daily working hours laid out in Article (64).
Article (66)
Without injustice to Articles (21) and (64) of this Law, the employer may, utilizing a written order, have workers work overtime if the need arises for the aim of avoiding a hazardous accident, repairing damages arising from such accident, avoiding a loss or facing an unusual workload. The overtime work shouldn't exceed two hours each day, a maximum of 180 hours a year, three days every week or 90 days a year. The worker shall have the proper to prove by any means the employer required him to perform additional works for a further period of your time. The worker shall even be entitled to a 25 percent increase over his original remuneration for the amount of overtime.
This compensation shall be in conformity with Article (56) of this Law. The employer shall keep a special record for overtime work showing the dates, several hours worked and remunerations paid in consideration of the additional work assigned to the worker.
Article (67)
The worker shall be entitled to a paid weekend which is adequate to 24 continuous hours after every six working days. The employer may call the worker for work during his weekend if the need arises. The worker shall be entitled to a minimum of 50 percent of his remuneration, additionally to his original remuneration and to a different time off rather than the one on which he worked. The preceding paragraph doesn't 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 particular working days without including the weekends, although these weekends are paid.
Article (68)
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 figure during any of the above mentioned holidays, he shall
be entitled to a double remuneration and a further time off.
Article (69)
Subject to the provisions of Article (24) of this Law, the worker shall be entitled to the subsequent 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 report from the doctor appointed by the employer or the doctor of the govt center. In the event of a conflict regarding the necessity of sick leave or its duration, the report of the government doctor shall be adopted.
Incurable diseases shall be excluded according to a resolution issued by the competent minister, during which he shall specify the kinds of incurable diseases.
Section Three – Paid Annual Leaves
Article (70)
The worker shall be denominated to a 30-day paid annual leave. However, the worker shall not be entitled to a leave for the first year of labor except after a minimum of 9 months of service for the employer. Official holidays and sick holidays amid the year shall not be counted as annual leave. The worker shall be designate to leave for the fractions year in accord with the quantity he spent in actual service, even the first year of service. sick leave during the year shall not be calculated as annual leave. The worker shall be entitled to a leave for the fractions year in proportion with the quantity he spent in actual service, even the first year of service.
Article (71)
The worker shall be purchased his annual leave before taking such leave.
Article (72)
The employer shall have the right to figure out 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 proper to accumulate his leave entitlements as long as they're doing not exceed two years and he shall be entitled to wish his accumulated leave all directly subject to the approval of the employer.
Article (73)
Without discrimination to the provisions of Articles 70 and 71, the worker shall be entitled to a cash review for all his accumulated annual leave upon the expiry of his contract.
Article (74)
Without discrimination to the provisions of Article (72), the worker shall not waive his annual leave with or without compensation. The employer shall have the proper to recover the compensation paid to the worker for this leave within the event where the worker is found to possess worked for an additional employer during that leave.
Article (75)
The employer may grant the worker a paid academic leave to urge a far better degree in his work field, as long because the worker shall work for the employer for a period of some time capable of the quantity of the tutorial leave that needs to no exceed 5 years. within 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 labor.
Article (76)
The worker who spent two continuous years working for the same employer shall be designate to 21 days.The employer shall have the right to give the worker a paid leave to attend conferences, annual association and labor meetings.
The Minister shall issue a resolution setting forth the conditions and regulations governing the granting of such leave.
Article (79)
The employer may grant his worker, upon his request, an unpaid leave apart from the leaves mentioned during this chapter.
Section Four – Safety and Occupational Health
Article (80)
Every employer shall maintain a file for every worker wherein shall be kept copies of the worker’s working papers, work contract, civil ID, papers relevant to annual leaves and sick leave, overtime hours, work wounds and work diseases, penalties infliction the worker, end of service date and reasons behind, copy of receipts proving that documents he submitted to the employer like documents, tools, certificates are returned to him after the highest of his service.
Article (81)
Each employer shall keep occupational safety registers following the forms and regulations stipulated in a resolution issued for this purpose byte Minister.
Article (82)
The employer shall post at a clear location at the workplace an inventory approved by the capable Department of Labor stating the daily working hours, breaks, weekends and official holidays.
Article (83)
The employer shall take all the safety measures to protect workers, machines and materials utilized within the establishment, and occasional visitors against work risks. The employer provides safety and occupational health aids required for this purpose as stipulated within the insistent issued by the competent minister after acknowledging the opinion of competent authorities.
The worker shall not bear any costs and no amounts shall be deducted from the worker’s compensation within the attention of providing him with protection means.
Article (84)
The employer shall, before the worker starts work, clarify to the latter the danger that he may face during work and thus the preventive measures that need to be taken.
The Minister shall issue resolutions concerning the instructions and warnings that ought to be placed at conspicuous locations at the workplace, and private safety equipment that ought to be provided by the employer for the varied activities.
Article (85)
The Minister shall, after dragnet the opinion of competent authorities, issue a resolution specifying the kinds of activities that safety and occupational health equipment and means should be provided for workers. Technicians or specialists shall even be appointed to watch the observance of safety and occupational health requirements. The resolution shall specify the qualifications and duties of these technicians and specialists and therefore the training programs they shall undertake.
Article (86)
The employer shall take the specified precautions to protect the worker from health damage and occupational diseases which can arise from the performance of the work. He shall also provide care treatments and medical services.
The Minister shall, after seeking the opinion of the Ministry of Health, issue resolutions regulating the precautions and specifying the list of occupational diseases and thus the industries and works that cause them, dangerous materials and permitted levels of concentrations.
Article (87)
The worker shall lookout of measures and use the fabric in his possession with care. He shall also abide by the safety and health instructions designed to protect him against injuries and occupational diseases.
Article (88)
Subject to the provisions of the Social Security law, the employer shall provide coverage for his workers from insurance companies against work injuries and occupational diseases. Work Injuries and Occupational Diseases
Article (89)
When implementing the provisions of labor injury insurance according to the Social Security Law, the said provisions shall replace the provisions set forth within the subsequent articles in respect of labor injuries and occupational diseases concerning the persons covered by such insurance.
Article (90)
In the event where the worker suffers an injury in an accident that happened by explanation for or during the work or while he was on his thanks 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 because the case could even be, to
the following:
a- Nearest police headquarters
b- Nearest Department of Labor
c- Public association for Social Security or the competent insurance company providing insurance for workers against work injuries. The worker or his representative shall even have the right to report the incident if he's able to do so.
Without prejudice to the provisions of Law No. 1 of the year 1999 concerning insurance for expatriates and therefore the imposition of fees against health services, the employer shall bear all costs for the hospitalization of the worker who suffers work injuries or job-related 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, the extent of disability resulting from the injury, and the extent of the worker’s ability to resume his work.
The worker and therefore the employer shall have the proper to object against the report before the Medical Tribunal at the Ministry of Health within a month from the date of issue of such report and by the virtue of an application submitted to the competent authority.
Article (92)
Each employer shall periodically undergo the competent ministry statistics relevant to figure injuries and occupational diseases that occurred in his establishment.
The Minister shall issue a resolution specifying the time limits for submitting these reports.
Article (93)
The worker who suffers a work injury or occupational disease shall be entitled to his full remuneration throughout the amount of treatment specified by the attending physician. In the event where the treatment period exceeds six months, the worker shall be entitled to half the salary until he completely recovers or until he's proven disabled or dead.
Article (94)
The worker or the beneficiaries through him shall have the proper to say compensation for the work injury or industrial disease following the list issued utilizing a resolution of the Minister after recognizing the opinion of the Minister of Health.
Article (95)
The worker shall not be entitled to compensation within the event where the inquiry reveals that:
a- The worker has intentionally injured himself.
b- The injury was a result of 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, many violations of the instructions designed to ensure protection against work hazards and occupational diseases posted at a conspicuous location at the workplace except for injuries that result in the death of the worker or his suffering a permanent loss of 25% of his total body ability.
Article (96)
In the event where the worker suffers an occupational disease or shows symptoms of the occupational disease during the period of service or one year after his resignation, he also beyond subject to Articles 93, 94 and 95 of this Law.
Article (97)
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 previous employers –each in proportion with the amount spent by the worker in his service – within the event where the industries or the works performed by such an employer result in such disease.
2- The worker or the assignee through him shall be entitled to the compensation stipulated in Article (94) from the general public Institution for Social Security or the insurance firm, and every one of these two entities shall have the proper of recourse against the previous employers in respect of their respective liability provided for in paragraph (1) of this text.
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