Labour Disputes: Grievance Redressal Mechanism of Saudi Government

• What is the mechanism of Saudi Government for the redressal of Labour Disputes?

 (i) The labour dispute redressal mechanism of Saudi Arabia consists of Friendly Settlement for Labour Disputes, Labour Courts, Labour Circuits and Appellate Courts.

(ii) Labour Offices (maktab al-amal:مكتب العمل – under Ministry of HRSD)

(a) In case of Labour disputes, a worker has the right to contact the Labour office in his area of work and complain against his employer online. There are 31 Friendly Settlement offices all over the Kingdom.

(b) Amicable Labour Dispute Settlement Department of the Labour office is the first stage of considering claim of labour dispute between the employee and employer. Grievant can file his complain online. Thereafter labour office sends notification informing both the parities for settlement sessions and give time to both the parties for reconciliation and also conducts mediation process to resolve the dispute and tries to reach to an amicable solution acceptable to the parties. In case of reconciliation is not reached, the matter is referred to the labour court within 21 working days from the date of the First Law suit.

(iii)   Labour Courts (Al Mahkamatul Al Ummaliyah : المحكمة العمالية - under Ministry of Justice)

In the Kingdom of Saudi Arabia, there are (7) Labor Courts (Riyadh, Dammam, Buraydah, Makkah Al Mukarramah, Jeddah, Abha, Madinah Al Munawwarah) and (27) Labour Circuits in the General Courts situated in the remaining cities. There are 09 Labour Circuits in the 06 Appellate Courts of the Kingdom of Saudi Arabia.

Labor Courts shall have jurisdiction to consider the following

a) Dispute related to work contracts, wages, rights, work injuries and compensation.

b) Disputes related to disciplinary measures imposed on employees by their employer or for requesting exemptions.

c) Lawsuits filed for imposing penalties provided for in the Labour Law.

d) Disputes arising from termination of employment.

e) Complaint made by employers and employees who have objections to any decision issued by any competent department of the General Organization for Social Insurance (GOSI).

f) Dispute relating to employees governed by the provision of the Labour Law, including workers employed by the government.

g) Disputes arising from the application of the Labour Law and Social Insurance Law, without prejudice to the jurisdictions of other courts (Commercial Court, Family Court, Criminal Court, General Court etc.) and the Board of Grievance.

(2) Appellate Courts

a) Appellate Courts have jurisdiction over appealable judgments from first instance courts (Commercial Court, Family Court, Criminal Court, General Court, Labour Court). They render decisions after hearing litigants according to the Law of Civil Procedures and law of Criminal procedures. They also hear petitions for reconsideration of judgments from first instance courts under specific conditions, such as discovery of forged documents or new conclusive evidence post-judgment, fraud by the adversary impacting the judgment, in consistency in the judgment text, judgements in absentia, or judgments against improperly represented persons. Those implicated by the judgment but not included or intervening in the case have the right request reconsideration of the final judgment.

2.   What are the welfare initiatives of the Saudi Labour Ministry for expatriate workers?

(i) QIWA: - Automated and digitized platform of the Saudi labor market services. It works to organize and follow up on all the transactions between the various parties, including employees, Governmental and private establishments. The platform goes hand in hand with the employee through his career path supporting him with all services and tools making an added value to this path.

(ii) MUSANED: - Specially designed for Domestic Workers. The platform facilitates the procedures for recruiting domestic workers, and seeks to raise the level of preserving the rights of all parties. It informs employers and domestic workers of their rights and duties.

(iii) The Ministry of Human Resource and Social Development, of Saudi Arabia (HRSD) has set up a Toll Free Helpline Number 19911 where the worker and victims of domestic violence can register their grievances in multiple languages including English, Hindi, Urdu, Malayalam and Bengali. For appropriate advice they can also approach the labour offices.

(iv) The Ministry of HRSD has developed a website https://www.hrsd.gov.sa/en/ministry-services/electronic-portals for educating expatriates labours about the labour laws, duties and obligations of worker and the employer, and to seek assistance in case of difficulty, etc.

3.    What is the grievance redressal mechanism for workers not covered by Labour Law?

(i)  Domestic Service Workers (housemaids, house drivers, gardeners, domestic nurse, domestic cook, domestic teacher etc.)are required to approach the Commission for Settlement of Domestic Workers Labour Disputes: lijan alfasl fi khilafat wamukhalafat aemmal alkhidmat almanziliat wamin fi hakmihim (لجان الفصل في خلافات العمالة الخدمة المنزلية ومن في حكمهم) situated in the concerned Labour Offices for redressal of their grievances with the relevant documentation (copies of employment contract, iqama, passport copy as well as contact details of the sponsor). (Guidance may be obtained from Ministry of Labour helpline 19911).

(ii)Other category of workers who are not covered under the Saudi Labour Law such as shepherds and farm workers may also approach the nearest Labour Office for redressal of their grievances.