JEDDAH, 14 August 2005 — Many Saudis and expatriates employed in various jobs are unaware of their legal rights in the Kingdom, making it easy for unscrupulous employers to delay wage payments, deny overtime and arbitrarily dismiss workers.
According to the Ministry of Labor’s standard terms of employment, a contract is required between any employer and employee. All the terms of employment are supposed to be clearly stated and agreed upon by both parties, each of whom is to be given a copy of the document. If a change occurs, the contract needs to be amended and agreed upon by both parties.
Foreigners who have to find other employment after their arrival face the pressure of losing their residency permits, so they tend to sign contracts without reading all the terms. They also receive no orientation about their rights before starting. A Filipino laborer at a local restaurant is one of many who do not receive payment for overtime work. “I work for hours after my shift is over, and I get no money for this,” he said.
During prayer time breaks, non-Muslim employees have a right to take rest. However, employees at this restaurant are forced to continue work after the doors are closed. That extra work is considered overtime, but again, employees are not paid for it.
According to Saudi Labor Law, employees who work overtime must be paid 150 percent of the regular wage. Some companies give their employees the option of taking days off instead of overtime pay.
Many employers abuse vulnerable positions of their employees, especially foreigners, by just not paying them in a timely fashion.
“I can’t complain if I’m not getting paid for my overtime work,” said the Filipino. “My company doesn’t listen to what I say.”
Overtime pay is not the only area of employee rights being abused. Working for some employers means forfeiting the rights to take time off or travel to visit their families — or even to be sick.
“I have worked here for more than two years and still haven’t had a vacation,” said the Filipino. By right foreign employees are entitled to a minimum of 15 days vacation annually. Unfortunately, not every employee receives this right.
The Labor Law also states that a contract cannot be terminated without notifying the employee at least 30 days in advance.
A 23-year-old Saudi female teacher who preferred not to be named spoke with Arab News about her experience at one of the ESL centers in Jeddah. On arriving at work one day the teacher was told she was fired. She said she wasn’t given any advance notice.
“It was quite unexpected,” she said. “I don’t know why they fired me. They told me they didn’t need me anymore. Their only excuse was that I was dressed improperly. I come from a conservative family, and this was insulting.”
Employees working in hospitals, shopping centers and private businesses want information about their rights. Whether an employee works for a month or many years, he or she has the right to learn about their privileges and the regulations. Farha Sulaiman, a Saudi employee who has been working for two years at an ESL center, is one of many who are interested in learning more about their rights. She did not know such information was available to her.
Although many workers are ignorant about these rights, copies of the labor law are available in Arabic at major bookstores, such as Jarir and Tihama. An English version of the book “Labor and Workmen Law” is available through the Ministry of Labor.
