Article 29 of the Saudi Labor Law
المادة 29 من نظام العمل · الباب الثاني: تنظيم عمليات التوظيف
Article 29 requires an employer to employ a worker injured at work in its establishment, whose abilities are reduced, in a suitable job at that job's wage, without affecting the worker's right to compensation for the injury.
Official text (Arabic)
This article has not been amended since the law was issued.
إذا أصيب أي عامل إصابة عمل نتج عنها نقص في قدراته المعتادة لا يمنعه من أداء عمل آخر غير عمله السابق، فإن على صاحب العمل الذي وقعت إصابة العامل بسبب العمل لديه توظيفه في العمل المناسب بالأجر المحدد لهذا العمل. ولا يخل هذا بما يستحقه من تعويض عن إصابته.
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 29 explained in plain English
Article 29 of the Labor Law deals with the position of a worker who suffers a work injury that results in a reduction of their usual abilities, but does not make them completely unable to work. Instead of losing their source of livelihood, the Law places a clear obligation on the employer to keep them in work.
Conditions for applying the article:
- The injury must be a work injury, that is, one that occurred because of work with the same employer.
- The injury must result in a reduction of the worker's usual abilities.
- The reduction must not prevent them from performing another job other than their previous one.
What the employer must do:
- Employ the worker in a job suitable for their abilities after the injury.
- Pay the wage set for this new job, meaning the wage is linked to the nature of the new position and not necessarily to the previous one.
The article concludes by confirming that this employment does not affect the compensation the worker is entitled to for their injury. The right to the alternative job and the right to compensation are independent rights, and the employer may not treat re-employment as a substitute for compensation or as its equivalent.
This article is consistent with the approach of Article 28, which requires employers with 25 or more workers to employ at least 4% vocationally qualified persons with disabilities; both articles aim to integrate those whose abilities are reduced into the labor market rather than exclude them. Note that Article 29 sets no minimum number of workers, so it applies to every employer in whose establishment the work injury occurred.
If the employer refuses to employ the injured worker in a suitable job despite the conditions being met, or makes this conditional on the worker giving up compensation, the worker may turn to the bodies competent to settle labor disputes, and it is advisable to consult a lawyer specialized in labor cases to assess their particular situation.
Practical example
Fahad works as a technician on a production line at a factory in Dammam. While operating a machine he suffered an injury that cost him part of the movement of his right hand, so he can no longer operate heavy machinery, but he can still perform monitoring, inventory and documentation work. Under Article 29, the factory must employ Fahad in a job suited to his current abilities, such as a quality inspector or inventory clerk, and pay him the wage set for that job. At the same time Fahad's right to compensation for his injury remains, and the factory may not tell him that providing the alternative job removes the need for compensation.
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 29 of the Saudi Labor Law
May an employer dismiss a worker who suffered a work injury that reduced their abilities?
If the reduction in their abilities does not prevent them from performing another job other than their previous one, Article 29 requires the employer in whose establishment the work injury occurred to employ them in the suitable job, not to end their service.
Does the injured worker receive their previous wage in the new job?
The text provides that the worker is employed in the suitable job "at the wage set for that job", that is, the wage of the new position, not necessarily the wage of their previous position.
Does the worker lose the right to compensation if the employer employs them in another job?
No. The article expressly provides that employing the worker in a suitable job does not affect the compensation they are entitled to for their injury, since the two rights are independent.
Does Article 29 apply to small establishments?
Yes. The article sets no particular number of workers, unlike Article 28, which concerns those who employ 25 or more workers. It is enough that the injury occurred because of work with the employer.
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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.