Overtime Clauses According to Saudi Labor Law

Overtime Labor Law in Saudi Arabia:

  1. Article 107 and Article 108 of Saudi Labor Law cover all the terms and conditions related to overtime. Any additional work, other than those mentioned in the employee’s contract is to be duly paid by the employer. The overtime equals the hourly wage plus as much as 50% of the basic pay of the employee.
  2. Many organizations and companies operate on working hours on weekly basis, which is 48 hours per week. In that case, any employee working for more than 48 hours is entitled to be paid overtime by the employer. All the official holidays, as per the Kingdom laws, as well as the Eid Holidays are considered as additional working hours.
  3. However, there are a few exceptions in some cases. A person who occupies a management post or is in charge of work is exempted from overtime. Similarly, supervisors or employees who have to look after other employees or hold authority over other employees are also not entitled to any overtime; as their job description mostly includes these hours.
  4. Same is the case with janitors and guards, as they also have to get to their duty before the rest of the staff and that too is already mentioned in their contract.
  5. Any preparatory work necessary for a task is also not included in overtime. Supplementary tasks which are requisite or mandatory for a particular task are also not considered for overtime but are considered a part of the job.
  6. In the same way, any intermittent work is not entitled under any overtime. Any such task is to be carried out under the circumstances as per necessity. In most cases, the working hours are not continuous as per the nature of the task. In particular cases the employee has to seek special approval from Ministry of Labor for the task to avoid any violation on their part. Such tasks are to be carried by providing the employee an ample break within the working hours, which should not be less than half an hour. Meanwhile, it is a maximum of 12 hours that an employee can work in one single day and this limit is not to be exceeded under any circumstances.
  7. If the break hours are not included in the working hours, then the employee is not under the authority of his/her employee. He is even not necessarily required to stay in his work premises. There are a few exceptional cases where the provisions of some of the articles are not applicable and that too is to be approved by the Ministry of Labor.
  8. The employees are to be granted a 21 day paid leave every year; days less than 21 per annum are a violation of the labor law. If the employee is unable to avail this annual leave it is up to the employer to grant it during the next year or he may forfeit this benefit. The annual leave is paid instead when not availed is only when it is mentioned in the employee contract.

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