Article 41 of the Saudi Labor Law
المادة 41 من نظام العمل · الباب الثالث: توظيف غير السعوديين
Article 41 refers to the Regulations the conditions for recruiting non-Saudi labor, transferring its services and changing its profession, and the related controls and procedures.
Official text (Arabic)
This article has not been amended since the law was issued.
تحدد اللائحة شروط الاستقدام، ونقل الخدمات، وتغيير المهنة، وضوابط ذلك وإجراءاته.
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 41 explained in plain English
Article 41 of the Labor Law is a referral article; it does not set detailed rules itself, but provides that the Regulations determine 3 basic matters concerning the non-Saudi worker:
- The conditions of recruitment: that is, what the employer must satisfy in order to bring in a worker from outside the Kingdom.
- Transfer of services: that is, the worker moving from one employer to another.
- Change of profession: that is, amending the profession registered for the worker.
The referral also covers the controls and procedures relating to these three matters, that is, the practical steps, documents and the bodies responsible for them.
What this means in practice:
- The text of the Law itself does not answer questions such as: when is a worker entitled to transfer their services? What period or documents are required? The answer is in the Regulations in force, and it may change when the Regulations are amended without the need to amend the Law.
- The employer and the worker should refer to the Regulations in force before starting any of these procedures.
The picture is completed by reading this article with Article 40, which settles the question of costs: the employer bears the fees for recruitment and for change of profession, and the employer to whom the worker wishes to transfer their services bears the fees for that transfer. That is, Article 41 sets "how and when" through the Regulations, while Article 40 sets "who pays". Article 42 moves to another subject in the same part, namely the employer's obligation to set a policy for training and qualifying its Saudi workers.
Because the details are in the Regulations and not in the text of the article, anyone facing a dispute over their recruitment, transfer of services or change of profession is advised to review the texts in force or consult a lawyer specialized in labor cases.
Practical example
Samer, a non-Saudi worker, works for a contracting company in Dammam, and received an offer from another company in Riyadh and wanted to transfer his services to it. When he looked for the conditions, he found that Article 41 does not state them itself, but refers to the Regulations, which set the conditions and procedures for transfer of services. So he reviewed with the new company the conditions in force in the Regulations before taking any step, knowing that the fees for transfer of services fall on the new company that wants to transfer his services to it under Article 40.
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 41 of the Saudi Labor Law
Does Article 41 set the conditions for transfer of services itself?
No. The article refers to the Regulations the determination of the conditions, controls and procedures for transfer of services, and does not state in its text any specific condition or period.
Who bears the fees for recruitment, change of profession and transfer of services?
Article 41 sets the conditions and procedures through the Regulations, while the fees are settled by Article 40: the employer bears the fees for recruitment and change of profession, and the employer to whom the worker wishes to transfer their services bears the transfer fees.
What does the referral to the Regulations in Article 41 cover?
It covers the conditions of recruitment, transfer of services and change of profession, in addition to the controls and procedures relating to these three matters.
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إذا عهد صاحب العمل لأي شخص طبيعي أو معنوي القيام بعمل من أعماله الأصلية، أو جزء منها؛ وجب على الأخير أن يعطي عماله جميع الحقوق والمزايا التي يعطيها صاحب العمل ا
- Article 11 bisAmended (1436 AH)
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مع عدم الإخلال بأحكام هذا النظام والأنظمة ذات العلاقة؛ للوزير أن يتخذ الإجراءات التي من شأنها أن تكفل تحسين أداء سوق العمل، وتنظيم حركة انتقال الأيدي العاملة
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على الوزير- في سبيل تنفيذ أحكام هذا النظام- التنسيق مع الجهات ذات العلاقة كلما اقتضى الأمر ذلك.
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توفر الوزارة قنوات للتوظيف دون مقابل، تقوم بما يأتي: 1 - مساعدة العمال في الحصول على الأعمال المناسبة، ومساعدة أصحاب الأعمال في إيجاد العمال المناسبين. 2 - جمع
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لكل مواطن في سن العمل قادر على العمل وراغب فيه أن يطلب قيد اسمه في قنوات التوظيف، مع بيان تاريخ مولده ومؤهلاته وأعماله السابقة ورغباته وعنوانه.
- Article 24Amended by M/44
Article 24 refers to the Regulations the rules of operation, procedures, forms of records and notices, and occupational classification tables of the employment channels, as the basis for organizing hiring operations.
تحدد اللائحة قواعد سير العمل وإجراءاته في قنوات التوظيف، ونماذج السجلات والإشعارات والأوراق المستخدمة في أعمالها، وكذلك جداول تصنيف المهن وفقًا للتصنيف المهني ا
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.