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The new Regulation introduced only changes of detail, leaving the main framework of the old legislation in place.
List the aspects of employment covered by law. Anti-discrimination provisions eg gender, race, disability, religion, age Working hours and holiday/5(1). Full Text of the Affordable Care Act and Reconciliation Act; Certified Full-panel-body Version: Affordable Care Act Certified Full-panel-body Version: Reconciliation Act The first link listed above contains the full panel-body of the Affordable Care Act and the Health Care and Education Reconciliation Act of in one document. Employment law is a broad term that covers all aspects of employment. It could refer to everything from your contract, through to laws which safeguard against discrimination and unfair dismissal. Why does employment law exist?
Since 18th June the Ministry of Labour has begun to implement a new Saudization programme known as Nitaqat. The concept is that, based on the percentage of Saudi Arabian employees, businesses are classified as Excellent, Green, Yellow or Red, and that the employer will receive privileges or be subject to sanctions connected with the employment of foreign staff depending on the category it falls into.
In general, employers in the Green and Excellent categories will find it easy to obtain work permits for foreign staff, while employers in the Yellow category may only renew current work permits without being granted new ones, while employers in the Red category will not, eventually, even be able to renew existing work permits.
Part of the Nitaqat programme is a detailed list of quotas which are determined by the business sector and size of the business entity. Women may be employed, but work permits for non-Saudi women tend to be restricted to the health, education and air transport sectors.
There are no restrictions on the employment of Saudi women, provided that the appropriate working environment is provided. Article 8 of the Labour Regulation states that an agreement whereby the employee waives any rights established in his favour by law is null and void, and that he may not forsake any rights which he has acquired in the course of his employment.
Employment contracts must be in writing, but the employee's rights are not prejudiced if his employer has failed to execute a written agreement. Employment contracts must state whether they are for a fixed term or an indefinite term, specify the employee's salary and whether he is paid monthly or otherwise, list the employee's benefits, if any, and state whether or not a probationary period applies.
Otherwise, most aspects of the employment relationship, such as working hours, holidays and rights of termination, are governed by the Regulation and need not be set out in the employment agreement.
There is at present no minimum wage in Saudi Arabia. Normal working hours are eight hours per day for six days a week. Work in excess of 48 hours per week must be compensated at overtime rates, except for certain categories of work, primarily of relevance in the catering trade.
Saudi Arabian public holidays are set by the Minister of Labour under the Regulation, and may not exceed ten days per year. During Ramadan, the month of fasting, the maximum working hours for Muslim employees is reduced to six hours per day for six days a week for a total of thirty-six hours.
It is common for Muslim employees to receive a thirteenth month's salary on the occasion of the Eid Al Fitr public holiday, which marks the end of Ramadan.
While there is no government health plan, medical and hospital care is free for Saudi citizens. For all non-Saudi employees, and for Saudi employees who want to be covered, health benefits are required to be provided by the employer depending on the number of employees in a particular geographic area.
The Labour Regulation provides for prevention against major industrial accidents in high-risk facilities and vocational injuries. A high-risk facility is defined as one that produces hazardous substances or a facility that handles, removes, or stores such hazardous waste.
Employers will have to coordinate with the Ministry of Labour to determine the status of their facilities based upon guidelines that will be issued by the Minister. Furthermore the Minister of Labour will issue decisions that will set forth the necessary safety arrangements to be made by the employer and the employer's obligations in this regard including prevention of major accidents and limiting the risks of major accidents.
Under the Labour Regulation employers are responsible for any vocational injury that an employee may sustain while working. An employer is obligated to provide treatment to his employee and pay all expenses related to the vocational injury.
It is generally accepted, and has been ruled in the past by the Commission for the Settlement of Labour Disputes, that the salary and benefits under a fixed term contract, as well as the employee's status, may not be reduced during the contract term.
However, at the end of a fixed term contract the parties may re-negotiate their respective positions, provided that the employee is given a clear choice whether or not he wishes to accept the new employment conditions. In the past it was also accepted that an employee enjoyed the same protection under an indefinite term contract.
However, in recent years the view has emerged that, if an indefinite term contract is terminated upon proper notice, it may be possible to "re-hire" the employee on new terms with reduced wages and benefits, particularly where the employer can demonstrate that there are valid reasons for such change.
The Regulation sets out provisions concerning end-of-service awards, to which most employees are entitled in principle unless they are dismissed for cause. Pursuant to Article 84, when a fixed term employment agreement comes to an end, or when an employer terminates an indefinite term agreement other than for cause, the employee is entitled to one-half of one month's wages for each of the first five years of employment and a full month's wages for each year of employment thereafter, in both cases pro-rated for part of a year's service.
The main Saudi Arabian statute governing employer-employee relationships is the Labour Regulation, Royal Decree No. M/51 of 23rd Sha'ban Hejra corresponding to 27th September Gregorian, which entered into force on 26th April superseding the Labour and Workmen Regulation, Royal Decree No. M/21 of 6th Ramadan Hejra corresponding to 15th November Gregorian. This list of employment law and legislation includes, but is not limited to, how you get disciplined, made redundant, or dismissed. The list of UK employment laws and legislation overviews the rights of workers and grievances in the workplace. We will write a custom essay sample on The aspects of employment covered by law specifically for you for only $ $/page.
An employee who resigns during the term of a contract receives no end-of-service award for the first two years of employment.
There are further detailed rules concerning the end-of-service award payable to an employee who resigns in the course of a contract for periods exceeding two years.
The wages by reference to which an end-of-service award is calculated includes base salary, overseas service premiums, regular bonuses and additional benefits which are paid on a regular basis, such as housing and transport allowances.
The only payments which are excluded from such calculations are extraordinary bonus or incentive payments like commissions and percentages on sales, which have been identified as such by an express written agreement between the parties.
The wage is calculated by adding the last three payments which the employee received and dividing them by three, to arrive at a monthly average. In accordance with Article 8 of the Regulation, an employee cannot contract out of his right to an end-of-service award.
The Ministry of Labour has published Model Disciplinary Rules, pursuant to which non-summary dismissal must follow written warnings in respect of transgressions committed by the employee. Summary dismissal is regulated by Article 80 of the new Regulation, which lists nine reasons for which an employment agreement may be cancelled without notice or payment of the end-of-service award.
These include acts of physical violence, the commission of offences, and sabotage at the workplace. An employee can contest his dismissal by lodging a complaint with the Labour Office, and, if an amicable settlement is not achieved, the matter is referred to the Labour Dispute Settlement Authorities.Some investigation may be required before it can be determined whether an individual is a qualified individual with a disability.
When the investigator is uncertain about whether an individual is covered, the charge should be taken and the issue investigated.
Wages, work hours, environment and hiring practices are a few aspects of employment subject to employment laws, according to the U.S.
Department of Labor. Pregnancy protections, child labor and medical leave are also regulated by law.
The DOL and individual state . Canadian Employment Law involves the legal rights and obligations that regulate all aspects of the workplace relationship between employers and employees.
AMERICANS WITH DISABILITIES ACT OF , AS AMENDED. Editor's Note: Following is the current text of the Americans with Disabilities Act of (ADA), including changes made by the ADA Amendments Act of (P.L.
), which became effective on January 1, Every aspect of employment is covered by law. The first of any form of employment needs a contract, the employee must have a contact of employment.
There is a whole series of laws that relate to. Return to Beginning of Chapter 5. Wrongful Dismissal and Just Cause (a) Overview. General In contrast to statutory employment law [ie. the Employment Standards Act (ESA) and others], employment "common law" is relatively (and refreshingly) simple and straightforward - and is almost entirely contained within the civil court action of "wrongful dismissal".