Amendment to Laws of Travel Document, Civil Status, Social Insurance and the Labour Law

New Legislation Enacted

Authors: Sara Khoja, Partner and Sarit Thomas, Attorney-at-Law - Clyde & Co.

The amendment, among other things, permits women over the age of 21 to obtain passports and travel abroad without the need to secure the permission of their “guardians,” and also seeks to create equality as between males and females in relation to the Ministry of Labour and Social Development Regulations, including with respect to retirement age.

Decision No. 209517 of the KSA Ministry of Labour and Social Development Dated 22/11/1440

New Legislation Enacted

Authors: Sara Khoja, Partner and Sarit Thomas, Attorney-at-Law - Clyde & Co.

The decision adopts guidelines that ban smoking in the workplace.

Ministerial Decision Approving the Violation and Penalty Table

New Legislation Enacted

Authors: Sara Khoja, Partner and Sarit Thomas, Attorney-at-Law - Clyde & Co.

Ministerial Decision No. 178743, dated June 1, 2019, issues an updated table of violations and penalties for any Labor Law breaches, replacing the previous table (issued by Ministerial Resolution No. 88478 of 1439). Additional fines, mainly surrounding employment of women, noncompliance with general employment rights, such as daily breaks and various breaches pertaining to the practice of recruitment activities have been added. Fines pertaining to certain offenses have been reduced, such as retaining passports, recruiting employees without issuing a contract of employment and non-payment or irregular payment of wages. Increases to certain fines have also been applied, such as non-compliance with health and safety, noncompliance with employer childcare requirements, and noncompliance with female night-time working restrictions. Lastly, the timeframe for payment and appealing the fine have been reduced to 10 working days and 30 days, respectively.

Ministerial Resolution on Female Workplace Environment

New Legislation Enacted

Authors: Sara Khoja, Partner and Sarit Thomas, Attorney-at-Law - Clyde & Co.

Ministerial Resolution No. 215739 sets out the framework in which female employees may be employed, including the sectors in which female employees may undertake night shifts, rules pertaining to work attire and wages, and general facility requirements for female employees within different types of work environment.

Ministerial Resolution on Female and Nationalization Controls Within the Workplace

New Legislation Enacted

Authors: Sara Khoja, Partner and Sarit Thomas, Attorney-at-Law - Clyde & Co.

Ministerial Resolution No. 215738 sets out in what specific activities employers are obliged to employ female Saudi employees, male Saudi employees and non-Saudi female employees.