Workers can’t be shifted from original workplace

December 14, 2014

WorkersJeddah, Dec 14: Employers are not permitted to transfer workers from their original place of work to another location if this requires changing the place of residency, or if the transfer jeopardizes the health of an employee, the Ministry of Labor said.

The ministry came out recently with details of the Kingdom's new labor law dealing with the rights and duties of both employer and employee, work environment, disciplinary action and service termination.

According to the ministry, employers are required to provide employees leave for Eid Al-Fitr, Eid Al-Adha, and illness during their probationary period, and both parties have the right to terminate the contract during this period unless the contract specifically states that this right belongs to only one party.

Employers may not change the payment schedule of an employee from a monthly basis to a weekly, daily, or hourly basis, unless the employee has agreed to this in writing and such change does not violate any of the employee’s rights.

As per Article 38 of the Labor Regulations, employers may not assign work that is different from what has been agreed upon without the employee’s consent in writing, and such work may not exceed more than 30 days per year. Employers must also refrain from subjecting workers to forced labor and may not withhold part of or all their wages without judicial approval.

Employers must facilitate the authorities to carry out their work related to monitoring and imposing regulations, as well as preventing the entry of any unauthorized substances to the workplace.

The ministry said employees are entitled to a certificate of service upon termination of the contract that indicating the dates of employment, the employee’s position, duties, and wages.

As for the duties of employees, the ministry said workers should fulfill all work requirements provided tasks do not create any moral or health issues, and must return any machinery, tools, equipment owned by the employer. Employees must also complete medical examinations before starting work to ensure they are free from disease.

With regard to grievances and disciplinary action, employers should respond to any complaints and may not change any terms during the reconciliation or arbitration process in a manner that may harm the employee.

The employer is permitted to resort to warnings and fines, as well as withholding or delaying a raise or promotion for a period of no more than one year, suspending work with no pay, and terminating the employee’s contract.

According to the ministry, penalties against the employee for disciplinary reasons may not involve withholding wages of more than five days, or for more than 5 days per month. Suspension of services may also not exceed 5 days per month, and no disciplinary action against an employee can be taken until after the employee has been informed in writing and given a chance to respond in his defense within 15 days.

Responses from the employee must be made to the committee of labor dispute, which must issue a decision within 30 days.

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News Network
March 18,2020

Riyadh, Mar 18: Private-sector businesses in Saudi Arabia on Wednesday were ordered to introduce enforced remote working for all employees for 15 days in an attempt to prevent the spread of the coronavirus.

Businesses that require staff to be physically present to ensure they continue to operate — including those in vital or sensitive sectors such as electricity, water and communications — must reduce the number of workers in their offices to the bare minimum. This can be no more than 40 percent of the total number of staff.

In such cases precautionary measures set by the Ministry of Health must be followed. At offices, and staff accommodation, with more than 50 workers, an area at the entrance must be provided where temperatures can be taken and symptoms checked.

Employers must also set up a mechanism for workers to report any symptoms, such as high temperature, coughing or shortness of breath, or contact they have had with infected individuals or people who recently returned from other countries without following proper Ministry of Health quarantine procedures.

Inside offices, a safe amount of space between employees must be maintained at all times. In addition, all health clubs and nurseries provided by employers must close.

Pregnant women and new mothers, people suffering from respiratory diseases, those with immune-system problems or chronic conditions, cancer patients and employees above the age of 55 are to be given 14 days compulsory paid leave, which will not be deducted from their annual entitlement.

Businesses that are excluded from the new measures include pharmacies and supermarkets, and their suppliers. Private-sector organizations that provide services to government agencies must contact them before suspending workplace attendance. Any other business that considers it impossible to operate with only 40 percent of staff in the workplace must submit an exemption request to the authority that supervises it.

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Agencies
May 18,2020

Jeddah, May 18: Saudi Arabia’s Grand Mufti and head of the Council of Senior Scholars and the Department of Scientific Research and Ifta Sheikh Abdul Aziz Al Asheikh ruled that it is permissible to perform Eid Al-Fitr prayer at home under exceptional circumstances similar to the current pandemic situation. The prayer consists of two rakats with reciting more numbers of takbeer and without a sermon.

Speaking to Okaz/Saudi Gazette, he said that Zakat Al-Fitr could be distributed through charitable societies if they are reliable ones, with the condition that it should be distributed before the day of Eid. The Grand Mufti urged parents to bring joy and happiness to their children and their families by spending more on them.

Meanwhile, Sheikh Abdul Salam Abdullah Al-Sulaiman, member of the Council of Senior Scholars and the Standing Committee of Fatwa, said that Eid prayer could be performed individually or in congregation.

Speaking to Okaz/Saudi Gazette, he said that the worshiper will recite takbeer to start salat and then follow it with six more takbeer in the first rakat before reciting Fatiha loudly and then it is ideal to recite Surah Al-Qaf.

In the second rakat, there will be five takbeer after the takbeer at the start of the rakat before starting to recite Surah Fatiha and then Surah Al-Qamar, following the example of the Prophet (peace be upon him). It is also ideal to recite Surah Al-A’la and Al-Ghashiya instead of Al-Qaf and Al-Qamar in each rakat respectively.

Sheikh Al-Sulaiman also cited the example of Anas Bin Malik, a prominent companion of the Prophet (pbuh). When Anas (May Allah be pleased with him), was at his home in Zawiya, a place near Basra, he did not find any Eid congregation prayer and therefore he performed prayer along with his family members and his aide Abdullah Bin Abi Otba.

The scholar said that the time for Eid prayer begins after sunrise and the best time is after the sun rises by the height of one or two spears as agreed by most scholars. This means 15 or 30 minutes after sunrise and its time continues until the end of the time of the Duha prayer; that is before the Zuhr prayer begins.

The prayer is forbidden at the moment when the sun rises, and the majority of jurists, including the schools of thought of Shafi, Maliki, and Hanbali opposed prayer at sunrise and favored to perform the prayer only after the sun rises by the height of one or two spears in the sky.

Regarding the recitation of takbeer on the occasion of Eid Al-Fitr, Sheikh Al-Suleiman said that it should begin during the night of the Eid and continue until the beginning of the Eid prayer.

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Agencies
May 26,2020

Dubai, May 26: An Indian expat, who recently recovered from COVID-19, fell to his death from a building in Dubai, police said.

The 26-year-old Indian national identified as Neelath Muhammed Firdous from Kerala, fell from the seventh floor balcony of his building where he stayed with six others including his uncle, Naushad Ali, 33.

A Dubai Police official confirmed the incident to Gulf News on Monday and said it had been a suicide.

"He was suffering from a mental disorder and there is no criminal suspicions behind his death," said the official.

"The incident happened on Sunday," the official confirmed.

The victim's relative said: "(He) awoke early to perform prayers and everyone was getting on with their daily morning chores when he walked to the balcony and jumped.

"He was suffering from a mental disorder and had been disturbed for some time. He thought everyone was out to attack him and had stopped eating his food as he thought people were feeding him poison. He was refusing to even take water from us."

The victim had tested positive for COVID-19 on April 10. On May 7, he was discharged from a Dubai hospital after clearing all tests.

The relative told Gulf News that he had registered the victim in the Department of Non-Resident Keralites Affairs (NORKA) last month in order to repatriate him, however he was unsuccessful in procuring a ticket.

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