Article 12 of the Saudi Labor Inspection Implementing Regulations
المادة 12 من اللائحة التنفيذية لضبط أعمال تفتيش العمل وتنظيمها · الفصل الثالث: صلاحيات مفتشي العمل
Article 12 lets a labor inspector take one of several measures against a violator, depending on the violation's importance and circumstances: advice, oral warning, written notice with a deadline, or a violation report.
Official text (Arabic)
This article has not been amended since the law was issued.
لمفتشي العمل عند قيامهم بتفتيش العمل في أي منشأة صناعية أو تجارية وغيرها تنفيذاً لأحكام نظام العمل واللوائح والقرارات الصادرة تطبيقاً له، أن يتخذوا بحق مخالفي أحكام النظام - وذلك بحسب أهمية المخالفة والظروف المحيطة بها والتي يعود تقديرها للمفتش- أحد التدابير التالية :
أ - إسداء النصح والإرشاد لصاحب العمل .
ب - توجيه تنبيه شفهي .
ج - توجيه إنذار كتابي لصاحب العمل لتدارك المخالفة خلال مدة معينة .
د - تحرير محضر ضبط للمخالفة.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 12 explained in plain English
When an inspector discovers a violation of the Labor Law or its regulations or decisions, in an industrial, commercial or other establishment, he may take one of the following measures:
- Giving advice and guidance to the employer.
- Giving an oral warning.
- Giving a written notice to the employer to correct the violation within a set period.
- Drawing up a violation report for the violation.
How does the inspector choose? According to the importance of the violation and the circumstances surrounding it, and the assessment of that is for the inspector himself. Not every violation ends in a report, and the violator has no right to have the inspector begin with advice; it is left to the inspector's assessment according to the seriousness of the violation.
The article does not state the length of the period in a written notice, but Article 21 requires inspectors to follow up violating establishments with successive visits after giving them sufficient and reasonable periods. If a violation report is drawn up, Article 22 regulates how it is drawn up and signed, and the Ministry sets the forms for reports and notices under Article 23.
An employer who has received a notice or a report and wants to assess his position may consult a lawyer specializing in labor cases.
Practical example
A labor inspector visits a shop in Jeddah and finds that the notices required by law have not been posted. Since in his assessment this is a minor violation, he gives the shop owner an oral warning. At another shop, where he finds a more serious violation, he gives a written notice to correct it within a set period.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 12 of the Saudi Labor Inspection Implementing Regulations
Does a labor inspector give a deadline to correct a violation?
One of the measures the inspector may take is a written notice to the employer to correct the violation within a set period.
Does a labor inspector draw up a report for every violation?
Not necessarily. He may choose one of the four measures according to the importance of the violation and its circumstances, and the assessment is for him.
What measures does a labor inspector take against a violator?
Giving advice and guidance, an oral warning, a written notice with a deadline, or drawing up a violation report.
More articles on Labor Inspector's Powers
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.