PART THREE

Contract of Work

Article (21)

The Contract of Work shall be confirmed by writing and issued in Arabic of two copies, one copy for each party. If the contract is written in a language other than Arabic, at least one copy in Arabic shall be annexed thereto and approved by the two parties to the contract which shall be equally authentic.

If there is no written contract of work, a worker may establish his rights by all means of proof. The worker shall be given a receipt for the documents and certificates which he might have deposited with the employer.

Article (22)

If any one of the parties to the contract is unable to read or write or does not understand the language of the contract, such contract shall be authenticated by the competent authority according to the law.

Article (23)

The contract of work shall particularly include the following information :

• Name of the employer and the establishment and address of the work place.
• Name of the worker, his date of birth, qualification, job or occupation, place of residence and nationality.
• The nature and type of work and duration of the contract.
• The basic salary and any allowances, privileges or remunerations to which the worker is entitled under the current terms of employment, and the method and time of payment of the agreed wage.
• The reasonable period of notice which shall be given by anyone of the parties who intends to revoke the contract, provided that the period of notice which an employer gives to a worker shall not be less than the period prescribed by this law.
• Any other particulars to be specified by the law.

There shall be annexed to the contract an undertaking from the worker which includes the following:

• That he will abide by the terms and conditions of work as provided in the contract.
• To respect Islamic religion, the laws, customs and social traditions of the country.
• Not to engage in any activity, which is detrimental to the country’s security.

Article (24)

A worker shall not be placed on probation for a period exceeding three months if he receives his wage on a monthly basis nor shall such period exceed one month if he receives his wage otherwise.

A worker shall not be placed on probation more than once with the same employer and the any probation period shall be included in the period of service if the worker has successfully completed it.

In all cases the probationary period, if any, shall be specified in the contract of service.

Any one of the parties may, after a notice of not less than seven days to the other party, terminate the contract during the probationary period, if it becomes clear that continuation in employment is not suitable.

Article (25)

The employer shall not deviate from the terms of the contract or assign to the worker, a work that has not been agreed to, unless necessity so requires and on a temporary basis. Nevertheless, the employer may assign to the worker a work that has not been agreed to if it is not substantially different from the original work.

Article (26)

The employer shall create a special file for each worker which includes in particular:

• His name, his age, social status, place of residence and nationality;
• His job or occupation, experience and qualification;
• Date of commencement of work, his wage and any changes thereto;
• Annual, sick and special leaves awarded, and any penalties imposed on him;
• Date and reasons for termination of service.

The employer shall keep the file provided in the above paragraph at least for one year from the date of termination of service.

Article (27)

The worker shall:

• Personally carry out the work in accordance with the instructions and supervision of the employer and to the extent specified in the contract and according to the law and work regulations and exercise in the performance thereof such care as would be exercised by the reasonable man;
• Obey by the employer’s instructions relating to the execution of the work agreed to if such instructions are not contrary to the contract, the law or morals, and if his submission thereto will not expose him to danger;
• Take care of the means of production and work instruments which are put at his disposal, and shall maintain them with the care and diligence of the reasonable man, and take all necessary measures for their maintenance and safety;
• Keep the secrets of the work;
• continuously endeavour to develop his skills and experience professionally and culturally in accordance with such regulations and procedures as may be laid down by the employer;
• Refrain from using the instruments of work outside the place of work except with the prior permission of the employer and to keep such instruments in the proper places;
• Abide by the instructions of safety and vocational health at the establishment whether prescribed by the law, or executive regulations and decisions thereof or by the rules, regulations and instructions of the work.

Article (28)

An employer who employs fifteen workers or more shall display in a conspicuous place in his establishment, regulations for the system of work after their approval by the Ministry. Such regulations shall include the rules regulating the work in the establishment, the rights and duties of both the worker and the employer, the rules regulating the worker’s relation with his colleagues and superiors and the rules governing the worker’s promotion, if the nature of the work so requires and specifying the categories of wages, increments and allowances of all kinds and time and place of payment thereof.

The employer shall make such amendments to the said regulations as may be required by the Ministry for the implementation of such laws, regulations and decisions as may be issued.

Article (29)

An employer who employs fifteen workers or more shall place in a conspicuous place in his establishment, the penalties regulations, and the conditions for imposition thereof. For such regulations and amendments thereto, to become enforceable they have to be approved by the Ministry within two months from the date they have been submitted thereto for approval. If the said period expires without the approval or rejection of the Ministry having been communicated such regulations shall become enforceable.

The Minister may by a decision to be made by him issue, the models of disciplinary regulations according to the nature of the work for the guidance of employers.

Article (30)

A worker can not be accused of a violation after the expiry of fifteen days from the discovery thereof, and no disciplinary penalty shall be imposed on a worker after more than thirty days from the date of proving the violation in the case of workers who receive their wages on a monthly basis, and more than fifteen days in the case of other workers.

Article (31)

An employer shall not impose upon a worker a fine exceeding the wage of five days for a single violation or impose on him a disciplinary penalty of suspension and deprivation of the whole or part of his wage for a period exceeding five days.

In all cases no more than one penalty shall be imposed on a worker for a single violation, and no more than the wage of five days in one month be deducted from his wage to meet the fines imposed on him nor shall the period of his suspension from work and deprivation of the whole or part of his wage exceed five days in one month.

Article (32)

If a worker is accused of committing an offence or misdemeanor inside the place of work the employer may suspend him from work for a period not exceeding three months from the date on which the relevant authorities were informed of the incident. Such worker shall be deprived of his Gross Salary in the first month and shall be paid half of his Gross Salary in the second and third months. If the relevant authority decides not to commit the worker for a trial, or if the period of his suspension has expired, or if he has been acquitted, he shall be reinstated and the previously suspended payments of his wage shall be paid to him.

If the employer refuses to reinstate the worker, such refusal to reinstate him shall be construed as arbitrary dismissal, and in all cases the employer shall be obliged to pay the worker all his previously suspended payments of wage.

Article (33)

The employer shall provide medical facilities for his workers in the establishment , and if the number of his workers in one place or one town exceeds one hundred the employer shall employ a qualified nurse to carry out the first aid. The employer shall also designate a doctor to visit the workers and treat them in a place which is equipped for this purpose, and shall give the workers the necessary medicines for their treatment which shall be free of charge. If the number of workers exceeds five hundred, the employer shall provide his workers in addition to the aforementioned with all other facilities of treatment which requires the assistance of specialist doctors or surgery operations or the like, as well as the necessary medicines, all of which shall be free of charge with the exception of the costs of dental, ophthalmic and maternity treatment.

If the worker is treated in a government or private hospital, the employer shall incur the cost of treatment, medicine and in-patient care at the hospital in accordance with the regulations and financial rules applicable in such hospitals without prejudice to the provisions of the Social Insurance Law.

Article (34)

An employer, who practises work in such regions as may be specified by a decision of the Minister, is obliged to provide his workers with suitable means of transport, appropriate accommodation, meals and drinking water in places equipped for such purpose, and within easy reach of the workers.

Article (35)

If a worker purposely or due to his gross negligence causes the loss or damage or destruction of any equipment, machinery or products owned by the employer or entrusted to him the worker shall incur the necessary amount thereof. The employer after conducting investigation and notifying the worker may start deduction of such amount from the worker’s wage, provided that the deduction for this purpose shall not exceed 25% of his monthly wage. The worker may appeal against the employer’s estimation to the relevant directorate within one month from the date of his knowledge of the deduction, and the appeal shall be decided according to the procedures provided in this law.

Article (36)

If the contract is for a limited duration, and the parties have continued the execution thereof after expiry of its duration, the contract shall be deemed to have been renewed with the same terms for an indefinite period.

Article (37)

If the contract is for an unlimited duration, any one of the parties may terminate it after giving a written notice to the other party thirty days before the termination date in case of workers who were employed on a monthly basis, and fifteen days for the other workers, unless a longer period is agreed to in the contract.

If the contract is terminated without observation of such notice period, the party who terminates the contract will be obliged to pay to the other party compensation equal to the Gross Wage for the notice period or the remaining part thereof.

Article (38)

The notice of termination of the contract issued by the employer to the worker who is on leave or public holiday shall not commence to operate except from the day following the end of leave or holiday.

Article (39)

On the termination of the relation of work of the workers who are not beneficiaries of the Social Insurance Law the employer shall pay the worker a post service gratuity in the amount of the wage of fifteen days for each year of service for the first three years, and the wage of one month for each of the following years. The worker shall be entitled to the gratuity for a fraction of the year proportionate to the period of his service and the last basic wage of the worker shall be considered the basis for the calculation of the gratuity.

The continuous period of service, which commenced prior to the enforcement of this law shall be included in the period of service which is considered for determining the period for which of gratuity is payable.

The said gratuity shall not be payable if the duration of service is less than one year.

Article (40)

The employer may dismiss the worker without prior notice and without endof-service gratuity in any of the following cases:

• If he assumes a false identity , or if he resorts to forgery to obtain the employment;
• If he commits a mistake which results in a heavy financial loss to the employer provided that the latter should notify the relevant directorate of the incident within three days from the date of his knowledge of its occurrence;
• If he in spite of being notified in writing does not comply with such instructions the compliance with which is necessary for the safety of workers or the workplace, provided that such instructions shall be written and hanged in a conspicuous place and the contravention of which is likely to cause a grievous damage to the work place or to the workers;
• If he absents himself from his work for more than ten days without reasonable cause during one year or for more than seven consecutive days provided that such dismissal shall be preceded by a written notice to him from the employer after his absence for five days in the first case;
• If he discloses any secrets relating to the establishment in which he works;
• If a final judgement is entered against him for an offence or felony for breach of honour or trust or for a felony committed in the work place or during the course of his work;
• If he is found during the working hours in a state of drunkenness or was under the influence of an intoxicating drug or mental stimulus;
• If he commits an assault on the employer or the responsible manager or if he commits a grievous assault on any of his superiors in the course of the work, or because of it if he assaults one of his colleagues in the work place by hitting him and as a consequence thereof sickness or delay from the work for a period exceeding ten days ensues;
• If he commits a grave breach of his obligation to perform his work as agreed upon in his contract of work.

Article (41)

The worker may abandon the work before termination of the contract period and retain his full rights after giving notice to the employer of so doing in any of the following cases:

• if the employer or his representative has defrauded him in respect of the terms of employment at the time of entering into the contract of work;
• if the employer does not perform his substantial obligations towards the worker in accordance with the provisions of this law or the terms of the contract of work;
• if the employer or his representative commits an immoral act against the worker or any member of his family;
• if he is assaulted by the employer or his representative;
• if there is a grave danger which threatens the safety or health of the worker , provided that the employer was aware of the existence of such danger and did not implement the measures prescribed by the relevant authorities on time.

Article (42)

Without prejudice to the provisions of the Social Insurance Law, if the worker abandons the work for any of the reasons set out in the above section, the employer shall be obliged to pay him a gratuity for the period of his service and without prejudice to the worker’s entitlement to such compensation as may be decided.

Article (43)

The contract of work shall terminate in any of the following cases:

• The expiry of its period or completion of the work agreed upon;
• The death of the worker;
• Disability of the worker to perform his work;
• Resignation or dismissal of the worker or abandonment of the work in accordance with the provisions of this law;
• Sickness of the worker to an extent that compels him to discontinue his work for a continuous or an interrupted period of not less than ten weeks during one year.

The disability or illness of the worker shall be established by a medical certificate as well as the proof of his age if it is not possible to establish it by a birth certificate or an official extract therefrom. The medical certificate shall be issued by the medical commission pursuant to a decision of the Minister of Health in co-ord i n ation with the Minister for the purposes of implementation of the law, and such decision shall include the regulation of the work procedures and the decisions of such commission shall be final.

The contract shall not be terminated from the part of the employer unless the worker reaches the age of sixty at least.

In the event of the of termination of the contract for any of the aforesaid reasons, the employer shall pay the worker or his beneficiaries the gratuity provided in Section (39) if the worker is not subject to the provisions of the Social Insurance Law.

Article (44)

Without prejudice to the Social Insurance Law, if there is a worker’s Savings Fund in an establishment and if the regulations of the Fund provide that the employer’s contribution to the Fund for the worker’s account is paid in lieu of the employer’s legal obligation to pay the end of service gratuity and it is equivalent to or more than the gratuity to which the worker is entitled, such amount shall be paid to the worker instead of the gratuity otherwise the worker shall be entitled to the gratuity.

If the worker contributes to such Fund, he shall be entitled to both his entitlement from the Fund and the end-of-service gratuity.

Article (45)

Those who are in charge of the establishment of the Savings Funds in the establishments shall obtain the approval of the Ministry of such Funds and the internal regulations thereof before their registration. The no objection of the Ministry within sixty days from the date of submission of the regulations shall be deemed to be an approval.

Article (46)

The employer shall give the worker, upon his request, at the end of the contract, an end of service certificate free of charge, wherein he shall state the date of the worker’s joining the service, date of leaving it, the type of work he was performing, and the wage and other remunerations and privileges, if any.

The employer shall return to the worker all such documents and certificates which he might have put in the employer’s custody.

Article (47)

The dissolution, liquidation, closure, bankruptcy of the establishment or its merger with another establishment or succession thereto by inheritance, sale, lease, surrender, will, gift or such other acts of disposal shall not preclude the discharging of all its obligations.

With the exception of the cases of liquidation, bankruptcy and the final authorized closure, the contract of work shall remain existing and the successor shall be jointly liable with the previous employer for discharging all the obligations prescribed by law subject to the established priority of the worker’s rights.

Article (48)

The employers shall be jointly liable for any violation of the provisions of this law, and the transferees of all or part of the businesses shall be jointly liable with the original employer to honour the payment of all the costs prescribed by the aforesaid provisions.