Article 4 of the Saudi Labor Law
المادة 4 من نظام العمل · الفصل الأول: التعريفات
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.
Official text (Arabic)
This article has not been amended since the law was issued.
يجب على صاحب العمل والعامل عند تطبيق أحكام هذا النظام الالتزام بمقتضيات أحكام الشريعة الإسلامية.
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 4 explained in plain English
Article 4 of the Labor Law sets a general rule governing the application of the whole law: both the employer and the worker are bound to observe the requirements of the provisions of Islamic Sharia when carrying out any provision of this law. The obligation here is not limited to one party, but is a mutual duty that falls equally on both parties to the employment relationship.
The effect of this article can be understood in the following points:
- Sharia is a general reference for application: the provisions of the Labor Law are not read or applied in isolation from the provisions of Sharia, but are interpreted and carried out in their light.
- The obligation covers both parties: the employer is required to observe Sharia in the decisions he issues, the contracts he concludes and the regulations he makes, and the worker is required to do so as well in performing his work and dealing with the employer.
- Scope of the obligation: it extends to all the cases to which the law applies under Article 5, that is, every employment contract in which work is done for the benefit of an employer and under his management or supervision for a wage, and the other categories mentioned in that article.
This article is linked to Article 3, which provides that work is a right of the citizen and that citizens are equal in this right without discrimination. Together the two articles form part of the general framework that governs the employment relationship in the Kingdom: a right to work based on equality, and application of the law based on observing the provisions of Sharia.
Article 4 does not give details or specific examples of what Sharia requires in each case, and is content to state the general principle. Determining the effect of this principle in a particular incident, such as a particular contract, term or dispute, therefore needs careful legal assessment, and a person facing such a case is advised to consult a lawyer who specializes in labor cases.
Practical example
A company in Riyadh concluded an employment contract with Khalid, and then a disagreement arose between them about how to carry out some terms of the contract and the corresponding obligations in the Labor Law. Article 4 reminds both parties that applying the provisions of the law to this contract must be done within the framework of observing the requirements of the provisions of Islamic Sharia, a duty that falls equally on the company in its decisions and on Khalid in performing his work. To learn the effect of this principle on the details of their dispute specifically, it is appropriate for them to consult a lawyer who specializes in labor cases.
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 4 of the Saudi Labor Law
On whom does the obligation in Article 4 of the Labor Law fall?
The obligation falls on both parties together: the employer and the worker. Each is required to observe the requirements of the provisions of Islamic Sharia when applying the provisions of the Labor Law.
Does Article 4 specify particular Sharia rules to be applied in the employment relationship?
No. The article only states a general principle, the duty to observe the requirements of the provisions of Islamic Sharia when applying the law, and does not mention details or specific cases.
What is the relationship of Article 4 to Articles 3 and 5 of the Labor Law?
Article 3 provides that work is a right of the citizen on the basis of equality without discrimination, and Article 5 sets the categories and contracts to which the law applies, while Article 4 sets the general framework for applying all these provisions, which is observing the provisions of Islamic Sharia.
Does Article 4 apply to all employment contracts?
It applies to everything to which the Labor Law applies, including every employment contract under which a person undertakes to work for the benefit of an employer and under his management or supervision for a wage, as Article 5 provides.
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 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
- Article 7Amended by M/44
Article 7 excludes five categories from the application of the Labor Law, requiring the Minister to issue special regulations for four of them whose violation is punished under Article 229.
1- يستثنى من تطبيق أحكام هذا النظام كل من: أ- أفراد أسرة صاحب العمل، وهم زوجه وأصوله وفروعه الذين يعملون في المنشأة التي لا تضم سواهم. ب- لاعبو الأندية والاتحاد
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.