«عكاظ» تنشر التحديث المقترح لمخالفات وعقوبات نظام العمل

The Ministry of Resources has revealed a draft update of the violations and penalties for the Labor Law and its executive regulations. The violations vary between severe and non-severe, in addition to categorizing workers into three categories: (C) for 20 workers or fewer, (B) for 21 to 49 workers, and (A) for 50 workers or more.

The categories are determined based on the total number of workers in the establishment, and the employer must appeal the penalty to the competent authority within 60 days from the date of notification.

Among the most notable violations is the employer's failure to comply with safety, health, and occupational health regulations, and not taking the necessary precautions to protect workers in all activities. The employer or their representative is responsible for accidents that injure others at the establishment, with a penalty of 1,500 Riyals for category (C), 2,500 Riyals for category (B), and 5,000 Riyals for category (A). Another violation is the employer operating a worker under direct sunlight or in adverse weather conditions without taking the necessary precautions, with a fine of 1,000 Riyals multiplied by the number of workers. As for employing children under the age of fifteen, the penalty is 1,000 Riyals for category (C), multiplied by the number of children, 1,500 Riyals for category (B), and 2,000 Riyals for category (A), also multiplied by the number of children.

Another violation mentioned in the draft is the employer's failure to comply with the maternity leave provisions for female workers, with a fine of 1,000 Riyals multiplied by the number of female workers. The violation of employing a non-Saudi worker without obtaining a work permit incurs a fine of 10,000 Riyals multiplied by the number of workers. Additionally, the violation of allowing an employee to work for another party or allowing them to work for their own account incurs a penalty of 10,000 Riyals for category (C), multiplied by the number of cases, 15,000 Riyals for category (B), multiplied by the number of cases, and 20,000 Riyals for category (A), also multiplied by the number of cases.

As for the establishment's failure to comply with the regulations regarding advertising job vacancies and conducting job interviews, the fine is 1,000 Riyals for category (C), multiplied by the number of regulations, 2,000 Riyals for category (B), multiplied by the number of regulations, and 3,000 Riyals for category (A), multiplied by the number of regulations.

The violation of the employer hiring a worker without obtaining a notification from the Ajir system is classified as severe, with a fine of 10,000 Riyals for category (C) for 20 workers or fewer, 15,000 Riyals for category (B) for 21 to 49 workers, and for category (A) for 50 workers or more.

The regulation clarified that the violation of practicing the activity of employing Saudis without obtaining a license from the ministry incurs a fine of 200,000 Riyals for category (C) for 20 workers or fewer, 200,000 Riyals for category (B) for 21 to 49 workers, and 200,000 Riyals for category (A) for 50 workers or more.

The practice of recruitment or outsourcing activities, or providing labor services without obtaining a license from the ministry incurs a fine of 200,000 Riyals for category (C) for 20 workers or fewer, 200,000 Riyals for category (B) for 21 to 49 workers, and 200,000 Riyals for category (A) for 50 workers or more, multiplied by the number of workers in each category.

Lawyer Abdullah Mohammed Al-Kasib explained to "Okaz" that the update came based on the new amendments to the Labor Law to clearly and specifically define violations for both establishments and inspectors. The project aims to reduce personal interpretations and estimates from employers and inspectors, as well as to provide transparency in the work environment and encourage compliance with regulations, ensuring the rights of both workers and employers. The improvements aim to organize dealings in establishments and control the violations that occur against employers and workers, while also supporting the enhancement of efficiency and effectiveness in the labor market.