Dear Rajesh,
Saudi Arabia is governed through the principles of Shari’ah which are set out in the Qur’an, the holy book of Islam. Anyone interested in taking employment in the Kingdom should take time to understand the basic principles of Islamic law and in particular how Asian, Western and all other foreign workers in the Kingdom of Saudi Arabia are expected to behave.
I wish I could share the information that I am aware of on the grounds of Saudi labor and Workmen law. Nevertheless, a detailed study on the new law amendments would be appreciated before you take a call on either rewriting polices or while mapping the process on HR.
Eligibility to avail leave and calculation of the same is purely reliant on various service conditions; the law enforced by the Saudi Labor Ministry stipulates everything in great deal in the documents attached.
For Example:
As stipulated in the “Article 53”: If the worker is subject to a probation period, the same shall be expressly stated and clearly indicated in the work contract. Such probation period shall not exceed ninety days, Excusevly of Eid-Al Fitr, and Eid al- Ahda holidays and sick leaves. Each party have right to terminate the contract to only one of them.
More information’s are stipulated in the subsequent “Articles”
As stipulated in the “Article 109”: A worker shall be entitled to a prepaid annual leave of not less than 21 days, to be increased to a period of not less than 30 days if the worker spends 5 consecutive years in service with the employer.
Þ However, a worker shall not enjoy his leave in the year it is due. He may not forgo it or receive cash in lieu during his period of service. The employer may set the dates of such leave according to work requirements or may grant them in rotation to ensure smooth progress of work. The employer shall notify the worker of date of his leave in sufficient time of not less than 30 days.
Article 152: During the maternity leave, an employer shall pay the female worker half her
wage if she has been in his service for one year or more, and a full wage if she has served for three years or more as of the date of commencement of such leave. A female worker shall not be paid any wages during her regular annual leave if she has enjoyed in the same year a maternity leave with full wage. She shall be paid half her wage during the annual leave if she has enjoyed in the same year a maternity leave at half wage
ESB
Article 84
Upon the end of the work relation, the employer shall pay the worker an end-of-service award of a half-month wage for each of the first five years and a one-month wage for each of the following years. The end-of-service award shall be calculated on the basis of the last wage and the worker shall be entitled to an end-of-service award for the portions of the year in proportion to the time spent on the job.
Please note that there are many other supporting laws as well; a thorough understanding on the immigration and labor laws are necessary for crafting effective strategies. In the event of this, I would certainly appreciate if you could refer the following attached documents before you go ahead in reframing the policy structures. As the same could provide you with good insight on the recruitment, ESB, Work relations, Work Conditions & Circumstances, part time work etc
Note: Please check with the immigration department or any other service providers to identify more info on immigration procedures.
Please feel free to revert for any other support/assistance.
Regards
Sinjo