Table of Contents:
Subject to the provision of Article 60 of this Law, the worker who spent in the service of the employer at least one year shall be entitled to a paid annual leave not less than thirty days, with an average of two and a half day for each month.
If the period spent in the service of the employer is less than one year, the worker shall be entitled to a leave corresponding to the period of his work.
The worker may not waive his right to the leave, and may receive monetary compensation in return for said leave in accordance with the provision of Article 59 paragraph b of this law.
a- Subject to the provision of Article 61 of this law, the employer shall set the dates of the annual leaves in accordance with the requirements and circumstances of the work. The worker shall take his leave on the date and for the period set by the employer.
In all cases, the worker mustenjoy an annual leave of fifteen days, including at least six consecutive days.
b- The worker may interrupt his work due to a contingent event for a period not exceeding six days per year and for a maximum of two days each time. Said contingent leave shall be deemed part of the annual leave granted to the worker.
c- The employer undertakesto carry out the off-setting between the balance of the leaves against the wage corresponding to said balance each two years at most and if the employment relationship is terminated before the exhaustion by the worker of the balance of his annual leaves, he shall be entitled to the wage corresponding to said balance.
d- As an exception to the provision of the previous paragraph, the worker’s right to receive a cash consideration for the balance of the leaves determined by the employer shall forfeit if the worker’s refusal to take the leave is evidenced in writing.
The minor’s annual leave may not be divided, joined or interrupted. 18
The worker may determine the date of his annual leave in case he is applying for an exam in any of the educational stages provided the employer is notified within a time-limit of not less than thirty days before the date on which the worker intends to take his annual leave.
The employer may deprive the worker from his wage due during his annual leave or restitute the wage paid in consideration thereof if it is evidenced that the worker was employed by another employer during said leave, without prejudice to the disciplinary liability in this respect.
a- The worker shall be entitled to a three day leave on full pay in the following cases:
In the event of his marriage for one time;
In the event of the death of his/her spouse or any of his/her relatives to the fourth degree of kin;
In the case of death of his/her spouse’s relatives to the second degree of kin.
b- The worker shall be entitled to a one day leave on full pay upon the birth of his child.
c- The Muslim female worker shall be entitled to a one month paid leave in the event of death of her spouse, moreover she is entitled to complete the Iddaperiod of three months and ten days from her annual leave, and in the event the balance of her annual leave is insufficient she may take an unpaid leave.
d- The employer shall be entitled to request the worker to submit the documents evidencinganyof the events specified in the previous paragraphs.
The worker may obtain a leave with full pay on holidays and official holidays determined by virtue of the Council of Ministers’ decision based on the Minister’s proposal.
The employer may employ the worker on any of these days if so required by the circumstances of the work,and in this case the worker shall have the choice between receiving his wage for the day in addition to an additional wage equivalent to 150% of his normal wage or another day for rest.
If a Friday or any official holiday coincides with any one of these days, the worker shall be granted another day instead. 19
The worker completing three consecutive months in the employer’s service, whose sickness and entitlement to a sick leave are evidenced by virtue of a certificate issued by any of the Government Medical Centers or any of the clinics retained by the employer, shall be entitled to the following sick leaves during the same year:
1. Fifteen days on full pay.
2. Twenty days on half pay.
3. Twenty days without pay.
In case of a disagreement as to the determination of the duration of the medical treatment, the Medical Committee specified in Article 89 of this Law shall determine this period.
The worker may accumulate the balance of the sick leaves on full or partial pay to which he is entitled for a period not exceeding two hundred and forty days.
The sick worker may benefit from the balance of his annual leaves in addition his sick leave entitlement.
The Muslim worker who spent in the service of his employer five consecutive years shall be entitled to a fourteen day leave with full pay to perform his Hajj (Pilgrimage) obligation. This leave shall be granted once to the worker during his period of service unless he benefited from it from during his service for another employer.
The employer shall determine the number of workers to be granted such leave of absence in each year in accordance with working requirements, provided priority is given to the worker who has achieved the longest period of continuous employment.
The worker not subject to the provisions of the Social Insurance Law shall be entitled upon the termination of his contract to a reward equivalent to the wage of half a month for each year of service for the first three years and the wage of one month for each subsequent year. The worker shall be entitled to a reward for the fraction of a year pro rata the period of service he spent with the employer.
Subject to the provisions of Article (24) of this Law, the worker shall be entitled to the following sick leaves during the year:
– 15 days – at full pay
– 10 days – at three quarters of the pay
– 10 days – at half pay
– 10 days – at quarter pay
– 30 days without pay.
The worker shall provide a medical report from the doctor appointed by the employer or the doctor of the government medical center. In the event of conflict regarding the necessity of a sick leave or its duration, the report of the government doctor shall be adopted.
Incurable diseases shall be excluded pursuant to a resolution issued by the competent minister, in which he shall specify the types of incurable diseases.
The worker shall be entitled to a 30-day paid annual leave. However, the worker shall not be entitled to a leave for the first year of work except after at least 9 months of service for the employer. Official holidays and sick leaves during the year shall not be counted as annual leave. The worker shall be entitled to a leave for the fractions year in proportion with the period he spent in actual service, even the first year of service.
The worker shall be paid for his annual leave before taking such leave.
The worker shall be entitled to an end of service benefit as follows:
a- The worker shall be entitled to a 10 days remuneration for each of the first five years of service and a 15 days remuneration for each year thereafter. The total of the end of service benefit shall not exceed one-year remuneration for employees who are paid on daily, weekly, hourly or piecework basis.
b- The worker shall be entitled to a 15 days remuneration for each of the first five years of service and one month remuneration for every year thereafter. The total of the end of service benefit should not exceed one and a half year remuneration for employees who are paid on a monthly basis. The worker shall be entitled to a benefit for the fraction of the year in proportion to the period of service. Loans and credits owed by the worker shall be deducted from the end of services benefit. The provisions of the Social Security Law shall be taken into consideration in this regard, and the employer shall pay the net difference between the amounts accrued due to the subscription of the worker in the social security and to the end of service benefit.
An employee shall have a right to an annual leave with full salary, for a period of not less than thirty days. The employee shall have this leave considering the interest of the work. He shall not enjoy this annual leave before the lapse of at least six months from joining work.
An employee shall have the right to a six-day emergency leave annually with full salary in emergency cases. A resolution by the Minister shall regulate the emergency leave for employees and the employee shall not waive the right in this leave.
On the termination of the relation of work of the workers who are not beneficiaries of thee Social Insurance Law the employer shall by the worker a post service gratuity in the amount of the wage of fifteen days for each year of service for the first three years, and the wage of one month for each of the following years. The worker shall be entitled to the gratuity for a fraction of the year proportionate to the period of his service and the last basic wage of the worker shall be considered the basis for the calculation of the gratuity.
The continuous period of service, which commenced prior to the enforcement of this law shall be included in the period of service which is considered for determining the period for which of gratuity is payable.
The said gratuity shall not be payable if the duration of service is less than one year
1. Where an employee completes one full year in the service of the employer, he shall be entitled to paid annual leave as stipulated in Article 34 above. Such leave shall be computed as follows:
Three weeks where the balance of service is not less than five continuous years.
Four weeks where the balance of service is more than five continuous years.
The employee’s years of service calculated up to the day on which this Law came into force shall be considered as part of his balance of service in the computation of the annual leave to which he is entitled
1. In addition to any amount due to the employee at the end of his service, the employer shall pay him a gratuity for the period of his service in accordance with this Law, for a minimum period of one year of service. This gratuity shall be calculated as follows:
A basic salary plus a cost of living allowance, if any, for three weeks against each year for the first five years of the employee’s continuous service. A basic salary plus a cost of living allowance, if any, for four weeks against each year of service for the second five years of his continuous service. A basic salary plus a cost of living allowance, if any, for five weeks against each year of the next ten years of his continuous service. A basic salary plus a cost of living allowance, if any, for six weeks against each year of service exceeding twenty years of his continuous service.
3. After the first year of continuous service, the employee shall become entitled to the said gratuity for any part of the next year and prorated accordingly.
4. Where the employer terminates the employee after eleven (11) months of continuous service under conditions other than those stated in Article 20 above, and then reappoints him within two months from the date of terminating him, the employee’s service shall in this case be considered continuous and uninterrupted for the purposes of applying this Article.
5. The employer shall have the right to deduct from the employee’s gratuity any amount owed by the employee to the employer
1. The provisions of Article24 above shall not apply to the employee in the following cases:
One third of the gratuity where his service is more than two years but less than five years.
Two thirds of the gratuity where his service is more than five years but less than ten years.
A complete gratuity where his service is more than ten years.
1. Where the employee dies during his service for reasons relating to the carrying out of his duties or otherwise, the employer shall, not later than fifteen (15) days after the date of death, deposit at the appropriate court any wages and other entitlements due to the employee, in addition to the gratuity defined according to Article24 of this Law.
The employer shall submit to the court a detailed report showing the calculation of all of the deceased employee’s entitlements, and a copy thereof to the Director. The court shall distribute such entitlements between the deceased employee’s heirs in accordance with the Islamic Sharia or with the relevant laws applicable in his country of nationality. Where his heirs are not identified for a period of one year, his entitlements shall be returned to the employer
1. Where the employer provides his employees with a retirement scheme or similar system that offers better benefits than the gratuity and end-of-service benefits stipulated inArticle24 above, he shall not pay such gratuity and end-of-service benefits. Where the net benefit received by the employee from the employer’s retirement scheme is less than the gratuity and end-of-service benefits, the employer shall pay the gratuity and benefits to the employee according to Article 24 and return to him any subscriptions he would have paid in the said retirement scheme. The employee shall have the right to weigh the two options and decide which is appropriate to him.
Article (109 ):
(1) A worker shall be entitled to a prepaid annual leave of not less than twenty one days, to be increased to a period of not less than thirty days if the worker spends five consecutive years in the service of the employer.
(2) A worker shall enjoy his leave in the year it is due. He may not forgo it or receive cash in lieu during his period of service. The employer may set the dates of such leave according to work requirements or may grant them in rotation to ensure smooth progress of work. The employer shall notify the worker of the date of his leave in sufficient time of not less than thirty days.
Article (110 ):
(1) A worker may, with the employer’s approval, postpone his annual leave or days thereof to the following year.
(2) An employer may postpone, for a period of not more than ninety days, the worker’s leave after the end of the year it is due if required by work conditions. If work conditions require extension of the postponement, the worker’s consent must be obtained in writing. Such postponement shall not, however, exceed the end of the year following the year the leave is due.
Article (111 ):
A worker shall be entitled to a wage for the accrued days of the leave if he leaves the work without using such leave. This applies to the period of work for which he has not used his leave. He is also entitled to a leave pay for the parts of the year in proportion to the part he spent at work.
Article (112 ):
Each worker shall be entitled to full-pay leave on Eids and occasions specified in the Regulations.
Article (113 ):
A worker shall be entitled to one day of paid leave in the case of childbirth and three days for marriage or in the case of the death of a spouse or one of his ascendants and descendants. The employer may request supporting documents for cases referred to.
Article (114 ):
A worker shall be entitled to a paid leave of not less than ten days and not more than fifteen days, including Eid Al-Adha holiday, to perform Hajj only once during his service if he has not performed it before. To be eligible for this leave, the worker must have spent at least two consecutive years of service with the employer. The employer may determine the number of workers who shall be given this leave annually in accordance with work requirements.
Upon the end of the work relation, the employer shall pay the worker an end-of-service award of a half-month wage for each of the first five years and a one-month wage for each of the following years. The end-of-service award shall be calculated on the basis of the last wage and the worker shall be entitled to an end-of-service award for the portions of the year in proportion to the time spent on the job.
If the work relation ends due to the worker’s resignation, he shall, in this case, be entitled to one third of the award after a service of not less than two consecutive years and not more than five years, to two thirds if his service is in excess of five successive years but less than ten years and to the full award if his service amounts to ten or more years.
As an exception to the provision of Article (8) of this Law, it may be agreed that the wage used as a basis for calculating the end-of-service award does not include all or some of the commissions, sales percentages, and similar wage components paid to the worker which are by their nature subject to increase or decrease.
As an exception to the provisions of Article (85) of this Law, the worker shall be entitled to the full award if he leaves the work due to a force majeure beyond his control. A female worker shall likewise be entitled to the full award if she ends her contract within six months from the date of her marriage or three months from the date of giving birth.
Upon the end of the worker’s service, the employer shall pay his wages and settle his entitlements within a maximum period of one week from the date of the end of the contractual relation. If the worker ends the contract, the employer shall settle all his entitlements within a period not exceeding two weeks. The employer may deduct any work-related debt due to him from the worker’s entitlements.
Article 74 –
The worker shall be entitled to an official leave with full payment in the following occasions :
a – New Year’s Day ( Hejir ) – One day .
b – New Year’s Day ( Gregorian ) – One day .
c – Eid al Fitr – Two days .
d – Eid al Adha and Arafat Day – Three days .
e – Prophet Mohammed Birthday Anniversary – One day .
f – Isra and Mi’raj – One day .
g – National Day – One day .
Article 75 –
The worker shall be entitled during every year of service an annual leave of no less than the following periods :
a – Two days for each month should the period of service of the worker be of six months at least and a year at most .
b – Thirty days for each year should the period of service of the worker exceed one year .
Should the service of the worker be terminated , the worker shall be entitled to an annual leave for the fractions of the last year .
Article 76 –
The employer may determine the date of the commencement of the annual leave , and may divide it if necessary to two or more periods . The division provision shall not apply to the leave of youths .
Article 77 –
As amended by Federal Law no . 12 dated 29/10/1986 :
The holidays set by law or by agreement , or any other leaves caused by illness should it occur during such holiday shall be included in the annual leave and deemed a part thereof .
Article 78 –
As amended by Federal Law no . 12 dated 29/10/1986 :
The worker shall receive a basic wage and a housing allowance , if any , for the days of the annual leave . Should the work circumstances require that the worker work during his total annual leave or a part thereof , and should the leave during which the worker worked is not carried forward to the next year , the employer must pay the worker the wage thereof , in addition to a leave allowance for the days of work , equal to his basic wage .
In all cases , the worker may not be required to work during the annual leave for more than once within two consecutive years .
Article 79 –
The worker shall be entitled to receive the any sums for accrued annual leave days should he be dismissed or should he leave work after the duly determined notice period . Such payment shall be calculated on the basis of the wages paid to the worker at the time of such leave .
Article 80 –
The employer shall pay to the employee , prior to the annual leave thereof , the entire wage due thereto in addition to the leave pay determined by virtue of the provisions hereof .
Article 132 –
As amended by Federal Law no . 12 dated 29/10/1986 :
The worker having spent one year or more in continuous service shall be entitled to an end of service gratuity upon the termination of his service . The days of absence from work without pay shall not be included in the calculation of the period of service , and the gratuity shall be calculated as follows :
1 – The wage of twenty one days for each of the first five years of service .
2 – The wage of thirty days for every additional year .
Always provided that the total gratuity does not exceed the wage of two years .
Article 133 –
The worker shall be entitled to a gratuity for the served fraction of a year , provided that he completes one year of continuous service .
Article 134 –
As amended by Federal Law no . 12 dated 29/10/1986 :
Without prejudice to the provisions of certain laws on the pensions and retirement benefits granted to workers in certain establishments , end of service gratuity shall be calculated on the basis of the last wage due to monthly , weekly and daily – paid workers , and on the basis of the average daily wage set forth in Article 57 hereof for the workers getting paid by piece . The wage used as a basis for calculating the end of service gratuity shall not include payments made to the worker in rem , housing , transport and travel allowance , overtime pay , representation allowance , cashier’s allowances , children education allowance , allowances for recreational and social services , and any other bonuses or allowances .
Article 135 –
The employer may deduct from the end of service gratuity any amounts due to him by the worker .
Article 136 –
For the purposes of the Article 132 , cases of employment preceding the coming into force of the present Law shall not be deemed cases for which the worker is entitled to an end of service gratuity with the exception of cases involving nationals , and such without prejudice to any rights acquired by the worker by virtue of revoked labor laws , the employment contract or any agreement , regulations or by – laws of the establishment .
In the event of the worker’s death , his end of service gratuity shall be paid to the beneficiaries thereof .
Article 137 –
Should the worker bound by an employment contract with undetermined term leave his work by his own choice after a continuous service of one year at least and three years at most , he shall be entitled to one – third of the end of service gratuity set forth in foregoing Article .
Should his continuous service be of three years at last and five years at most , he shall be entitled to two thirds of the said gratuity , and to the full gratuity should it exceed five years .
Article 138 –
Should the worker bound by an employment contract with determined term leave his work by his own choice prior to the expiry of the contract , he shall not be entitled to an end of service gratuity unless the duration of the service period exceeds five years .
Article 139 –
The worker shall be deprived of his end of service gratuity in the following two cases :
a – Should he be dismissed from service for any of the reasons set forth in Article 120 hereof or should he leave his employment in view of avoiding the dismissal therefrom in accordance with the said Article .
b – Should he leave his employment of his own accord , and without notice in cases other than the ones set forth in Article 121 hereof , and such with regards to contracts with undetermined term , or prior to the completion of five years of continuous service with regards to contracts with determined term .