Article 244 of the Saudi Labor Law
المادة 244 من نظام العمل · الباب السادس عشر: أحكام ختامية
Article 244 provides that the Labor Law replaces the 1389 AH Labor and Workmen Law and repeals what conflicts with it, while earlier regulations and decisions continue until amended.
Official text (Arabic)
This article has not been amended since the law was issued.
يحل هذا النظام محل نظام العمل والعمال، الصادر بالمرسوم الملكي ذي الرقم (م/21) والتاريخ 6/ 9/ 1389هـ، ويلغي كل ما يتعارض معه من أحكام، ويستمر العمل باللوائح والقرارات الصادرة قبل نفاذ هذا النظام إلى حين تعديلها.
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 244 explained in plain English
Article 244 regulates the Kingdom's transition from the old labor system to the new one. It is one of the closing provisions that do not create rights or obligations directly between the worker and the employer, but determine which rules apply. The article contains 3 main provisions:
- Replacement: The present Labor Law replaces the Labor and Workmen Law issued by Royal Decree No. (M/21) dated 6/9/1389 AH. That is, the old law has no longer been in force since the present Law took effect.
- Repeal: The Law repeals every provision that conflicts with it, so any earlier rule that contradicts its texts ceases to be effective, even if its repeal is not expressly stated.
- Continuation of earlier regulations and decisions: Regulations and decisions issued before the Law took effect remain in force until they are amended, provided they do not conflict with its provisions under the previous paragraph.
The reason for the last paragraph is to avoid a regulatory gap. The new Law needs implementing regulations and detailed decisions, and Article 243 gave the Minister 180 days from the date the Law takes effect to issue them and publish them in the Official Gazette. Until these regulations are issued or the old ones are amended, earlier decisions remain the reference on the matters they regulate.
This article also complements Article 245, which sets the date of effect: the Law takes effect 180 days after its publication in the Official Gazette, and from that date the replacement and repeal provided for here begin to operate.
In practice, if a worker or employer faces an old decision or regulation, the decisive question is whether it conflicts with a provision of the present Labor Law. If it does, it is repealed; if not, it remains in force until amended. Assessing a conflict in a particular case is a delicate legal question that may call for a labor lawyer.
Practical example
A company in Dammam was applying a ministerial decision issued under the old Labor and Workmen Law to regulate a procedural matter in the establishment. After the present Labor Law took effect, the company's legal adviser reviewed this decision under Article 244. If it does not conflict with any provision of the new Law, the company continues to apply it until the Ministry issues an amendment to it or a new regulation replacing it. If one of its provisions is found to contradict an express provision of the present Law, that provision is considered repealed and the Law's provision applies instead.
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 244 of the Saudi Labor Law
Is the old Labor and Workmen Law still in force in Saudi Arabia?
No. Article 244 expressly provides that the present Labor Law replaces the Labor and Workmen Law issued by Royal Decree No. (M/21) dated 6/9/1389 AH.
What happens to decisions and regulations issued before the present Labor Law?
They remain in force until amended, provided they do not conflict with the Law's provisions; whatever conflicts with it is repealed under the same article.
When did the replacement and repeal provided for in Article 244 begin to operate?
From the date the Law took effect, which is 180 days after its publication in the Official Gazette under Article 245.
Who issues the new regulations that replace the old ones?
The Minister. Article 243 requires him to issue the decisions and regulations needed to implement the Law within 180 days of the date it takes effect, and the Implementing Regulations are published in the Official Gazette.
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.