Article 16 of the Saudi Labor Law
المادة 16 من نظام العمل · الفصل الأول: التعريفات
Article 16 requires an employer who does not run his establishment himself to appoint a resident responsible manager to represent him and to notify the labor office of his name and any change within 7 days, while his own responsibility remains.
Official text (Arabic)
This article has not been amended since the law was issued.
1- إذا لم يتمكن صاحب العمل من ممارسة العمل بنفسه، فعليه أن يعين مسؤولًا يمثله في مكان العمل. وفي حالة تعدد الشركاء أو المديرين في المنشأة يسمى أحدهم من المقيمين في مكان العمل، يمثل صاحب العمل ويكون مسؤولًا عن أي مخالفة لأحكام هذا النظام.
2- على صاحب العمل أن يبلغ مكتب العمل المختص كتابة باسم الشريك أو المدير، وعليه في حالة تغييره أن يبلغ المكتب باسم الشريك أو المدير الجديد خلال سبعة أيام على الأكثر من تولي هذا الأخير عمله.
3- إذا لم يوجد شخص معين بصفة مدير مسؤول للمنشأة، أو إذا لم يباشر الشخص المعين عمله- فإن من يقوم فعلًا بأعمال المدير أو صاحب العمل نفسه يعد مديرًا مسؤولًا عن المنشأة.
وفي كل الأحوال تبقى مسؤولية صاحب العمل قائمة بصفة أصلية.
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 16 explained in plain English
Article 16 of the Labor Law regulates the question of who represents the employer inside the establishment and who bears responsibility for violations of the law, so that the establishment is not left without a specific person with whom the labor office and workers can deal.
The article rests on three basic rules:
- Appointing a representative of the employer: if the employer is unable to run the work himself, he must appoint a person in charge who represents him at the workplace. If the establishment is owned by several partners or run by more than one manager, one of them must be named, who must be resident at the workplace, to represent the employer and be responsible for any violation of the provisions of the law.
- Notifying the labor office: the employer must notify the competent labor office in writing of the name of the responsible partner or manager. If this person changes, the office must be notified of the replacement's name within 7 days at most of the date he takes up his work. This complements what Article 15 requires, which obliges the employer when work begins to provide the labor office with the establishment's data, including the name of the establishment's responsible manager.
- The actual manager: if no responsible manager is appointed, or one is appointed but does not actually take up his work, then the person who actually performs the manager's work, or the employer himself, is considered the manager responsible for the establishment. Responsibility is not lost merely because there is no formal appointment.
The article ends with an important rule: the employer's responsibility remains in place as a primary matter in all cases. Appointing a responsible manager therefore does not relieve the employer of his obligations toward the workers and the competent bodies, but adds a person who represents him and is held accountable with him, including his other obligations such as keeping records and posting the work schedule under Article 17.
In practice, this means for the worker that he has a clear person to turn to inside the establishment, and that the employer cannot escape his responsibility by claiming he delegated management to someone else. Where there is a dispute about who bears responsibility for a particular violation, it is advisable to consult a labor lawyer.
Practical example
Three partners own a contracting company in Dammam, and two of them live outside the city and do not attend the work site. Under Article 16, the third partner, who is resident at the workplace, must be named as the employer's representative, and the competent labor office must be notified of his name in writing. A year later the partners decided to appoint a new manager, so they must notify the office of his name within 7 days at most of his starting work. If they neglected the appointment entirely, whoever actually runs the site is considered a responsible manager, and in all cases the partners' responsibility as the employer remains in place as a primary matter.
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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Active contributorFrequently asked questions about Article 16 of the Saudi Labor Law
Is the employer relieved of responsibility if he appoints a responsible manager for the establishment?
No. Article 16 expressly provides that the employer's responsibility remains in place as a primary matter in all cases; the responsible manager represents him and is held accountable for violations, but does not take his place in bearing responsibility.
What is the time limit for notifying the labor office of a change of the responsible manager?
The competent labor office must be notified in writing of the name of the new partner or manager within 7 days at most of the date he takes up his work.
What happens if the establishment does not appoint a responsible manager?
If no person is appointed as a responsible manager, or one is appointed but does not take up his work, then the person who actually performs the manager's work, or the employer himself, is considered the manager responsible for the establishment.
Must the responsible manager be resident at the workplace?
Yes. Where there are multiple partners or managers, the article requires that the person named to represent the employer be one of those resident at the workplace.
More articles on Definitions and General Provisions of the Labor Law
- Article 1
Article 1 gives this law its official name, the "Labor Law", the name used in contracts, decisions and all other articles of the law.
يسمى هذا النظام نظام العمل.
- Article 2Amended by M/44
Article 2 defines the terms used in the Labor Law, such as worker, employer, basic and actual wage, continuous service, types of work, secondment and resignation.
يقصد بالألفاظ والعبارات الآتية -أينما وردت في هذا النظام- المعاني المبينة أمامها ما لم يقتض السياق خلاف ذلك: الوزارة: وزارة العمل. الوزير: وزير العمل. مكتب العم
- Article 3Amended (1440 AH)
The article provides that work is a right of the citizen, that others may not practice it except on the law's conditions, and that citizens are equal in the right to work without discrimination based on sex, disability, age or otherwise.
العمل حق للمواطن، لا يجوز لغيره ممارسته إلا بعد توافر الشروط المنصوص عليها في هذا النظام، والمواطنون متساوون في حق العمل دون أي تمييز على أساس الجنس أو الإعاقة
- Article 4
Article 4 requires the employer and the worker alike to observe the provisions of Islamic Sharia in everything relating to the application of the Labor Law.
يجب على صاحب العمل والعامل عند تطبيق أحكام هذا النظام الالتزام بمقتضيات أحكام الشريعة الإسلامية.
- Article 5Amended (1436 AH)
Article 5 sets the scope of the Labor Law: every paid employment contract under an employer's management, government and public-body workers, charity workers, training contracts, and part-time workers within set limits.
تسري أحكام هذا النظام على الآتي : 1 - كل عقد عمل يلتزم بمقتضاه أي شخص بالعمل لمصلحة صاحب عمل وتحت إدارته أو إشرافه؛ مقابل أجر. 2 - عمال الحكومة والهيئات والمؤسس
- Article 6
Article 6 sets the provisions that apply to the casual, seasonal and temporary worker: duties, discipline, working hours, rest, overtime, official holidays, safety, work injuries and what the Minister decides.
تسري على العامل العرضي والموسمي والمؤقت الأحكام الخاصة بالواجبات وقواعد التأديب، والحد الأقصى لساعات العمل، وفترات الراحة اليومية والراحة الأسبوعية، والتشغيل ال
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.