Article 5 of the Saudi Labor Law

Article 5 of the Labor Law answers a basic question that comes before any dispute or claim: to whom do the provisions of this law apply? If your relationship does not fall within one of the categories it mentions, you will not be able to rely on the law's texts for your rights or obligations.

The provisions of the law apply to five categories:

1. 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. This is the general rule, and three elements come together in it: work for the benefit of another, subordination (management or supervision), and wage. Independent work in which the person is not subject to anyone's management does not fall here.
2. Government workers and workers of public bodies and institutions, and the law expressly states that it covers those of them who work in pastures or agriculture.
3. Workers of charitable institutions, since the non-profit nature of the body does not take its workers outside the law's protection.
4. Qualification and training contracts concluded with persons who do not otherwise work for the employer, but within the limits of the special provisions on training in the law, not all of its provisions.
5. Part-time workers, but within a limited scope that covers occupational safety and health and work injuries, in addition to other provisions the Minister decides.

Note that the fourth and fifth categories do not enjoy all the provisions of the law, but only to the extent the article specifies, leaving room for the Minister, in the case of part-time workers, to expand what applies to them. This article complements Article 6, which sets a similar arrangement for the casual, seasonal and temporary worker, specifying a list of provisions that must be applied to him, such as maximum working hours, rest, official holidays, safety and work injuries. Like all articles of the law, this article is also subject to what Article 4 provides on the duty of the employer and the worker to observe the requirements of Islamic Sharia in application.

The current text of the article is in its wording after the amendment by Royal Decree No. M/46 dated 5/6/1436 AH. If your employment status is unclear as to whether it falls within one of these categories, it is appropriate to consult a lawyer who specializes in labor cases.