Article 60 of the Saudi Labor Law
المادة 60 من نظام العمل · الباب الخامس: علاقات العمل
Article 60 prevents assigning a worker to work that differs substantially from what was agreed except with their written consent, or out of occasional necessity for no more than 30 days a year.
Official text (Arabic)
This article has not been amended since the law was issued.
مع عدم الإخلال بما تضمنته المادة (الثامنة والثلاثون) من هذا النظام، لا يجوز تكليف العامل بعمل يختلف اختلافًا جوهريًّا عن العمل المتفق عليه بغير موافقته الكتابية، إلا في حالات الضرورة التي قد تقتضيها ظروف عارضة، ولمدة لا تتجاوز ثلاثين يومًا في السنة.
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 60 explained in plain English
Article 60 of the Labor Law protects the worker from being moved to work that is completely different from what was agreed in their contract. The basic rule is that the employer may not assign the worker to work that differs substantially from the agreed work, unless the worker agrees to it in writing. Oral consent or silence is not enough according to the text of the article.
The article sets out one exception to this rule, in which three conditions must all be met:
- There must be a genuine case of necessity.
- This necessity must arise from occasional circumstances, that is, circumstances that are urgent and not permanent.
- The period of assignment must not exceed 30 days in the year.
If these conditions are met, the employer may assign the worker to the different work without their written consent, but only within this time ceiling. An assignment that is permanent, or that exceeds 30 days in the year, requires the worker's written consent.
Note that the article qualifies itself with the phrase "without prejudice to what is contained in Article 38", which means that even the worker's written consent does not permit going beyond what Article 38 imposes, which prevents employing the worker in a profession other than the one recorded in their work permit, and prohibits the worker from working outside their profession before the statutory procedures for changing the profession are taken. The two articles work together: the first protects the contractual agreement, and the second protects the statutory status of the profession.
This article complements Article 59, which also requires written consent to move a worker from monthly wages to the categories of daily, weekly, piece-rate or hourly pay, and it falls within the employer's general duties mentioned in Article 61.
In practice, if the worker is assigned to substantially different work without their written consent and for a period exceeding 30 days, or without an occasional circumstance that justifies it, they may rely on the text of the article. To assess whether the difference is "substantial" in a particular case, it is advisable to consult a labor lawyer.
Practical example
Ahmed works as an accountant at a company in Riyadh under an employment contract that specifies his profession. The company's warehouse suffered a fire, and management asked him to help with the inventory count and to coordinate with the insurance company for 20 days until things settled. This assignment is temporary, arose from an occasional circumstance, and does not exceed 30 days in the year, so under Article 60 it is permitted without written consent. But if the company later decided to move him permanently to work as a warehouse supervisor, this would not be permitted except with his written consent, and taking into account what Article 38 requires regarding the profession recorded in the work permit.
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 60 of the Saudi Labor Law
May an employer change the nature of an employee's work without their consent?
A worker may not be assigned to work that differs substantially from the agreed work except with their written consent, except in cases of necessity arising from occasional circumstances for no more than 30 days in the year.
For how long may a worker be assigned to different work because of necessity?
Article 60 sets this period at no more than 30 days in the year, on condition that the assignment is because of a necessity required by occasional circumstances.
Is the worker's oral consent enough to change their work?
The text of the article expressly requires written consent, so oral consent does not meet what the article requires.
Does the worker's written consent allow working in a profession other than the one recorded in the work permit?
No. Article 60 applies without prejudice to Article 38, which prevents employing the worker in a profession other than the one recorded in their work permit before the statutory procedures for changing the profession are taken.
Articles this article refers to
More articles on The Employment Contract
- 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 8
Article 8 voids any term that contravenes the Labor Law, and any release or settlement of the worker's legal rights during the contract unless it is more beneficial to the worker.
يبطل كل شرط يخالف أحكام هذا النظام، ويبطل كل إبراء أو مصالحة عن الحقوق الناشئة للعامل بموجب هذا النظام أثناء سريان عقد العمل، ما لم يكن أكثر فائدة للعامل.
- Article 9
Article 9 requires Arabic in employment contracts, records, data and the employer's instructions, and makes the Arabic text alone the one relied on where a foreign translation exists.
اللغة العربية هي الواجبة الاستعمال في البيانات والسجلات والملفات وعقود العمل وغيرها مما هو منصوص عليه في هذا النظام، أو في أي قرار صادر تطبيقًا لأحكامه، وكذلك ا
- Article 18
Employment contracts stay in force and service continues when an establishment changes ownership or legal form, and the previous and new owners are jointly liable for workers' earlier rights.
إذا انتقلت ملكية المنشأة لمالك جديد، أو طرأ تغيير على شكلها النظامي بالدمج أو التجزئة أو غير ذلك، تبقى عقود العمل نافذة في الحالين، وتعد الخدمة مستمرة. أما بالن
- Article 37Amended by M/44
Article 37 requires a non-Saudi's employment contract to be written and for a fixed term, treats its term as one year from actual commencement if not stated, and renews it for a similar term if work continues.
يجب أن يكون عقد عمل غير السعودي مكتوباً ومحدد المدة. وإذا خلا العقد من بيان مدته تعد مدته (سنة) من تاريخ مباشرة العامل الفعلية، وإذا استمر العمل بعد انتهاء هذه
- Article 50
Article 50 defines the employment contract as an agreement between an employer and a worker under which the worker undertakes to work under the employer's management or supervision for wages.
عقد العمل هو عقد مبرم بين صاحب عمل وعامل، يتعهد الأخير بموجبه أن يعمل تحت إدارة صاحب العمل أو إشرافه مقابل أجر.
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.