System of working conditions
Chapter 55: Remuneration
Article 55
Wage refers to the basic wage that a worker receives or should be paid for his work and because of it plus all the elements stipulated in the contract or the employer’s regulations.
Without prejudice to the social allowance and the child allowance established in accordance with the aforementioned Law No. 19 of 2000, the remuneration, remuneration, allowances, grants, benefits or remuneration received shall be included in the wage calculation.
If the employee’s wage is set at a share of the net profits and the enterprise does not make a profit or makes so little profit that the employee’s share is not commensurate with the work he has done, his wage should be estimated on the basis of the wage of the profession or the custom of the profession.
Article 56
Wages shall be paid on a working day in the currency of the currency taking into account the following:
(A) Workers recruited on a monthly salary whose wages are paid at least once a month.
(B) Other workers shall be paid at least once every two weeks.
Payment of wages shall not be delayed from the seventh day of the due date.
Article 57
The employer who employs his workers in accordance with the provisions of this law shall pay the employees’ entitlements in their accounts with the local financial institutions and send a copy of the statements sent to these institutions to the Ministry of Social Affairs by the Ministry of Social Affairs and the Ministry of Social Affairs. And the financial rules of these accounts in terms of expenses, commissions, Regulatory bodies in this regard.
Article 58
An employer may not transfer a monthly wage worker to another category without his written consent, without prejudice to the rights acquired by the worker during the period of his monthly wage.
Article 59
(A) No more than (10 per cent) of the wage of the worker shall be deducted in fulfillment of debts or loans due to the employer and the latter shall not receive any interest.
B- The wage payable to the employee or his deduction or deduction thereof shall not be reserved except within the limits of (25%) of the wage, for alimony, food, clothing or other debts, including the debt of the employer and when the debt is incurred. .
Article 60
The worker may not be obliged to purchase food or goods from certain shops or from the products of the employer.
Article 61
The employer shall be obliged to pay the wages of his workers during the period of closure if he intends to close the establishment to compel the workers to comply with his demands, as well as to pay the wages of his workers for the duration of the disruption of the wage.
Article 62
The wages of the worker shall be taken into account in the calculation of the last wage.
The assessment of monetary and in-kind benefits shall be divided by dividing the average of what the worker has earned during the last twelve months of the entitlement. If his service period is less than one year according to the average percentage of what he spent in the service, the wage of the worker may not be reduced during the period of his work for any reason.
Article 63
The Minister shall issue a decision every five years as a maximum setting the minimum wage according to the nature of occupations and industries, guided by the inflation rates witnessed in the country, after consultation with the Advisory Committee for Labor Affairs and the competent organizations.
Chapter II
work and rest hours weekly
64-69
Article 64
Without prejudice to the provisions of Article (21) of this law, a worker may not be employed for more than forty-eight hours per week or eight hours per day except in the cases stipulated in this law. The working hours in the holy month of Ramadan shall be thirty-six hours per week. Working hours may be reduced in work that is exhausting, harmful to health or in harsh conditions by a decision of the Minister.
Article 65
A worker shall not be employed for more than five continuous hours per day without a period of rest not less than one hour. The exception is the banking, financial and investment sector, working hours shall be eight continuous hours. (B) After the approval of the Minister, workers may be employed without a period of rest for technical or emergency reasons or office work, provided that the total daily working hours as provided for in Article 64 of this Law are reduced by at least one hour.
Article 66
Without prejudice to the provisions of Articles (21) and (64) of this Law, the employer may, by written order, employ the worker for an additional period if necessary to prevent the occurrence of a serious accident or to remedy the resultant, or to avoid a realized loss or face work exceeding the daily amount. Overtime may not exceed two hours per day and a maximum of one hundred and eighty hours per year, and overtime periods may not exceed three days a week and ninety days a year, and this does not preclude the right of the worker to prove that the employer has assigned him to work overtime. An additional period by all means of proof or the right of the worker to receive remuneration for the period of work The additional wage shall be increased by 25 percent over the normal wage in the same period. This wage shall take into account the provisions of Article (56) of this Law. The employer shall maintain a special record of overtime indicating the dates of days and the number of overtime hours corresponding to the overtime assigned to the worker.
Article 67
The worker shall be entitled to weekly paid rest, which shall be fixed at twenty-four consecutive hours after every six working days.The employer may, if necessary, employ the worker on his weekly rest day if the working conditions so require.A worker shall receive at least 50 percent of his original wage and shall be compensated for his rest day by another rest day. The provision of the preceding paragraph shall not prejudice the calculation of the right of the worker, including his daily wage and vacation, as this right shall be calculated by dividing his salary by the number of actual working days without including his weekly rest days, even though such rest days are paid.
Article 68
The official holidays scheduled for full-paid workers are:
- A – Hijri New Year’s Day one day.
- B – the day of Isra and Miraj one day.
- C- Happy Eid al-Fitr three days.
- D – Pause the Eid al-Adha one day.
- E – Eid al-Adha three days.
- And – the Prophet’s birthday one day.
- (G) National Day 25 February is one day.
- H – Liberation day 26 February one day.
- (I) New Year’s Day one day.
If the working conditions necessitate the employment of the worker in one of these days, he shall decide to him a double wage for him and compensate him with an alternative day.
Article 69
Subject to the provisions of Article (24) of this Law, the worker shall have the right to the following sick leave during the year:
- – Fifteen days – with full pay.
- – Ten days – three-quarter pay.
- – Ten days – half pay.
- – Ten days – a quarter of pay.
- – Thirty days – without pay.
The sickness requiring leave shall be proved by a certificate from the doctor appointed by the employer or the doctor in charge of the government health unit. If there is a dispute regarding the entitlement or duration of the leave, the certificate of the public doctor shall be approved.
As for the incurable diseases, they shall be exempted by a decision of the competent minister specifying the type of such diseases.
Chapter III
Paid Annual Leave
70 – 79
Article 70
Workers shall have the right to thirty days paid annual leave.
A worker shall not be entitled to a leave for the first year unless he has spent at least nine months in the service of the employer.
Article 71
The worker shall be paid his wage for the annual leave before taking it.
Article 72
The employer shall have the right to set the date of the annual leave and may divide it with the consent of the worker after the first 14 days thereof.
The employee shall have the right to accumulate his leaves for a period not exceeding two years’ leave.
Article 73
Without prejudice to the provisions of Articles (70) and (71), the Worker shall have the right to receive a monetary payment for the days of his annual leave in case of termination of his contract.
Article 74
Without prejudice to the provisions of Article (72), the worker shall not waive his annual leave with or without compensation. The employer may recover the wages paid to him if he is proved to be employed by another employer.
Article 75
The employer may grant the employee a paid study leave to obtain a higher qualification in his field of work, provided that he shall work for a period similar to the period of study leave up to a maximum of five years. Duration of work.
Article 76
A worker who has spent two consecutive years in the service of the employer shall have the right to twenty-one days’ paid leave to perform the Hajj, provided that he has not done so before.
Article 77
In the event of the death of a relative of the first or second degree, the worker shall be entitled to three days’ full pay leave.
A Muslim working woman whose husband dies has the right to leave on full pay for four months and ten days from the date of death, provided that she does not practice any work for others during the period of leave.
A deceased non-Muslim working woman is granted her husband twenty-one days of paid leave. .
Article 78
The employer may grant the worker a paid leave to attend regular periodic social and labor meetings.
The Minister shall issue a decision on the conditions and rules for granting such leave.
Article 79
The employer may grant the worker, upon his request, special leave without pay other than the leave referred to in this chapter.
: Chapter IV
in Occupational Safety and Health
80-97
Section I
in keeping the rules of occupational health and safety
80-88
Article 80
Each employer must keep a work file containing a copy of the work permit, a copy of the employment contract, a copy of the civil ID, documents indicating annual and sick leave, overtime, work injuries, occupational diseases and penalties, the date of separation, reasons for termination and a copy of receipts. Receiving the papers, tools and certificates of experience that he has deposited with the employer after the end of his work.
Article 81
Each employer shall maintain occupational safety records in accordance with the forms and controls for which a decision of the Minister is issued.
Article 82
The employer shall suspend in a visible place at the work place a list approved by the competent labor administration including in particular the daily working hours, rest period, weekly rest and official holidays.
Article 83
The employer shall take all necessary safety precautions to protect the workers, machinery and materials circulating in the establishment and those who are reluctant to it from work hazards, and provide the necessary safety and occupational health for which a decision is issued by the competent minister after consulting the concerned authorities.
The worker shall not be liable for any expenses or deductions from his wages in return for providing him with the means of protection.
Article 84
The employer shall indicate to the worker before work, the risks to which he may be exposed and the means of protection he shall take.The Minister shall issue the decisions concerning the instructions and warning signs placed in visible places in the workplace and the personal safety tools that the employer is obliged to provide in the various activities.
Article 85
The Minister shall, after consulting the concerned authorities, issue a decision specifying the types of activities that are committed to provide the necessary equipment and means for occupational safety and health for the employees in the establishments with the appointment of technicians or specialists in controlling the availability of occupational safety and health requirements for the establishment.The decision shall specify the qualifications and duties of these technicians and specialists and their training programs.
Article 86
The employer shall take the necessary precautions to protect the worker from the health and occupational diseases arising from the practice of the work and shall provide first aid and medical services.
The Minister, after taking the opinion of the Ministry of Health, may issue decisions regulating precautions, the schedule of diseases of the profession, industries and the causes thereof, the table of harmful substances and the permitted concentrations.
Article 87
The worker shall use the means of prevention and undertake to use his possession carefully and to implement the instructions established for his safety, health and protection from injuries and occupational diseases.
Article 88
Subject to the provisions of the Social Insurance Law, the employer is obliged to insure his workers with insurance companies against work injuries and occupational diseases.
Section II
in occupational diseases and work injuries
89-97
Article 89
When applying the provisions of the Work Injury Insurance in accordance with the Social Insurance Law, these provisions shall, for the insured subject to this insurance, supersede the provisions of the following articles for work injuries and occupational diseases.
Article 90
If the worker is injured in an accident due to work, during or on the way to and from work, the employer shall notify the accident as soon as it occurs or as soon as he is aware of it, to the following: a. The
police station in his jurisdiction.
(B) Managing the work within the jurisdiction of the place of work.
(C) The social insurance institution or insurance company insured by its workers against work injuries.
Such notification may be made by the worker if his case permits and his representative may do so.
Article 91
Without prejudice to the provisions of Law No. (1) of 1999 on health insurance for foreigners and the imposition of fees for health services, the employer shall bear the expenses of treating the injured worker from work injuries and occupational diseases in a government hospital or the private medical treatment centers he determines, including the value of medicines and transportation expenses. In his estimation, the attending physician shall determine the period of treatment, the percentage of the deficit resulting from the injury and the ability of the worker to continue the work.
The worker and the employer may, at the request of the competent department, object to the medical report within one month from the date of its notification before the Medical Arbitration Committee at the Ministry of Health.
Article 92
Each employer shall periodically provide the competent ministry with a statistical report on accidents at work and occupational diseases.
The Minister shall issue a decision on the specified dates.
.
Article 93
A worker suffering from a work injury or occupational disease shall have the right to receive his wage for the duration of the treatment prescribed by the doctor. If the period of treatment exceeds six months, he shall be paid only half of the wage until he is cured, found to be disabled or dies.
Article 94
The injured worker or his beneficiaries shall have the right to compensation for work injury or occupational diseases according to the schedule issued by a decision of the Minister, after taking the opinion of the Minister of Health.
Article 95
The right of the worker to compensation for injury shall be forfeited if proved by the investigation:
-
- A- The worker may intentionally injure himself.
- (B) The injury has been caused by obscene and deliberate misconduct by the worker, and shall be deemed to be any act that the injured comes under the influence of alcohol or drugs, and any violation of the instructions concerning the prevention of work hazards and damage to the profession suspended in a visible place of work, unless this arises. In addition, the worker dies or leaves a permanent disability that exceeds (25%) of the total disability
.
Article 96
If the worker becomes infected with an occupational disease or develops symptoms of occupational diseases during his service or within one year of leaving work, the provisions of Articles 95,94,93 of this Law shall apply.
Article 97
-
- 1. The medical report issued by the attending physician or the decision of the medical arbitration committee on the condition of the injured worker shall determine the responsibility of the former employers.
- 2. The worker or the beneficiaries thereafter shall receive the compensation provided for in Article (94) from the General Organization for Social Insurance or the insured company, as the case may be, and each may refer to the previous employers in their obligations stipulated in paragraph (1) of this Article.
