SECTION I Working Hours
Article 65
The maximum normal working hours for adult workers shall
be eight hours in the day, 48 hours in the
week. They may be increased to nine
hours a day in commercial establishments, hotels, cafeterias, security services and such other
businesses as may be added by resolution of the Minister of Labour
and Social Affairs. The daily working hours may be
reduced by resolution of the
Minister of Labour and Social Affairs, in the case of arduous
or health-hazardous work. Two during the month of
Ramadan shall reduce the normal working hours. The periods spent by a
worker in traveling between his home and place of work
shall not be included in his working hours.
Article
66
The daily working hours shall be so regulated that no worker
shall work for more than five successive hours without breaks -
for rest, meals and prayer- amounting in aggregate to not less
than one hour. Such breaks shall not be included as part of the
working hours.
However, in factories and workshops where work is organised in
the form of successive day and night shifts, and in processes
where work has to continue uninterrupted for technical and economic reasons, the manner in which breaks for rest, meals and
prayer are to be granted shall be specified in a resolution by the
Minister.
Article 67
Where the work circumstances require a worker to work more than the normal number of hours, any
period worked in excess shall be treated as overtime, for which
the worker shall receive the wage stipulated for
his normal working hours, plus a supplement of at least
25 per cent of that wage.
Article 68
Where the work circumstances require a worker to work overtime between 9 p.m. and 4 a.m. he shall be
entitled in respect of such overtime to the wage stipulated for
his normal working hours, plus a supplement of at least 50
per cent of that wage.
Article 69
The number of hours of actual overtime shall not exceed
two a day, unless such work is essential for
preventing a substantial loss or a serious accident, or
eliminating or alleviating the impact of the
latter.
Article 70
Friday shall be the normal weekly rest day for all
workers except the daily-paid. Where a worker has to be put on duty
on that day, he shall be compensated with a substitute rest day
or be paid his basic wage for his normal hours of work plus a
supplement of at least 50 per cent of that wage.
Article 71
No worker other than a daily-paid shall be required to work more than two successive
Fridays.
Article 72
The provisions of this Section shall not apply to the following
categories:
1- Persons holding senior executive managerial or
supervisory positions, if such positions confer upon the incumbents
the powers of an employer over workers. The categories
in question shall be specified by resolution of the Minister
of Labour and Social Affairs.
2- Crew of marine vessels and seamen who serve
under special conditions of service on account of the nature of
their work, with the exception of port workers engaged in
stevedoring and related operations.
Article 73
The employer shall post up at the main entrances used
by the workers, and in a conspicuous position at the
workplace, a timetable showing the weekly day off, hours of work
and rest periods applicable to all classes of workers. A
copy of this timetable shall be filed with the competent labour
department.
Where the work place is not observing the statutory weekly day
off,
the employer shall post up at the places referred to
in the preceding paragraph a timetable showing the weekly rest
day for each class of workers.
Section II Leaves
Article 74
Each worker shall be entitled to leave with full pay on the
following occasions:
(a) New Year's Day (Higra): one day.
(b) New Year's Day (Gregorian): one day.
(c) Lesser Bairam: two days.
(d) Greater Bairam and Eve: three days.
(e) Birthday of Prophet Mohammed: one day.
(f) Al
Isra and Al Mi’raj: one day;
(g) National Day: one day.
Article 75
A worker shall, for each year of service, be entitled
to an annual leave of not less than:
(a)
Two days a month, where the worker’s period
of service is more than six months but less than one year.
(b)
30 days a year, where theworker’s period of
service is morethan one year.
Where a worker's service is terminated, he shall be
entitled to annual leave in respect of fractions of the last
year.
Article 76
The employer may fix the date of commencement of
annual leave and, if necessary, divide such leave into not more
than two periods. However, the leave division provision
shall not apply to leaves of child
workers.
Article 77
Holidays stipulated by Law or by agreement, and any other days of leave on account
of sickness, falling within an annual leave shall be
considered as an integral part thereof.
Article 78
Each worker shall be entitled to his basic wage and
the housing allowance, if applicable, in respect of his days
of annual leave. Where it was imperative for the work interest
to put a worker on duty during all or part of his annual leave, and if the leave days on which he worked were not
carried forward to the following year, the employer shall pay him
his normal wage plus an allowance in lieu of leave, for the
actually worked days, calculated on the basis of
his basic wage.
In no case shall a worker be made to work during his annual leave more than once in two
successive years.
Article 79
A worker who is dismissed or who leaves his job after the period of
notice prescribed by law shall be paid for any
accrued annual leave days. Such payment shall be calculated on the basis of the
worker’s wage as on the date when the leave became due.
Article 80
Before a worker goes on annual leave, his employer shall pay him
the full wage due to him plus the leave pay prescribed for him under this
Law.
Article 81
Where it is necessary for the work interest to put a worker on duty
during public holidays or
days off in respect of which he is entitled to full or partial pay, he shall be
granted substitute leave in respect of such days,
plus 50 per cent of his wage. If he is not granted
substitute leave, his employer shall pay him 150 per cent of his
basic wage in respect of the days
worked.
Article 82
A worker who contracts an illness that is not a work-related
injury shall report his illness within a maximum of two days; the employer shall
thereupon take the necessary measures to have
him medically examined immediately for the purpose of verifying his
illness.
Article 83
1-
A worker shall not be entitled to any paid
sick leave
during the probationary period.
2-
A
worker who contracts illness after completing three months,
following the probationary period, in the continuous service of an
employer shall beentitled to a
sick leave not exceeding 90 days, successive or
otherwise, in respect of each year of service, to
be calculated as follows.
a) The first 15 days: with full pay.
b) The next 30 days: with half pay.
c) Any subsequent periods: without
pay.
Article 84
No wage shall be payable for sick leave if the illness is the direct result of the worker's
misconduct (such as consumption of alcohol or narcotic
drugs).
Article 85
An employer may terminate the services of a worker who fails to
report back to work after exhausting all sick
leaves provided for in Articles 82, 83 and 84 hereof. In this case the worker shall be entitled
to severance pay as stipulated in
this Law.
Article 86
Where a worker resigns his job, by reason of
illness, before the lapse of the first 45 days of his sick leave
and the government medical officer or the medical
practitioner designated by the employer accepts the cause of
resignation, the employer shall pay the worker the wage due
in respect of the remainder of the first 45
days referred to.
Article 87
Each worker shall be entitled, once in the course of his
entire service, to special leave without pay for performing
pilgrimage; such leave shall not be deducted from other
periods of leave due to him and shall not exceed 30 days.
Article 88
No worker shall work for another employer while on annual or sick
leave provided for in this Section. Where his employer establishes
that he has done so, he may terminate the worker's services without
notice and deny him the pay in respect of the leave
period.
Article 89
Subject to the provisions of this Law, any worker who fails to
resume work immediately after the expiry of his leave shall
automatically forfeit his wage for the period of his absence, with
effect from the day immediately following that on which the leave
expires.
Article 90
Without prejudice to the instances in which an employer is entitled
to dismiss a worker without notice or without the gratuity provided
for in this Law, an employer shall not dismiss a worker or serve a
notice of dismissal on him while the worker is on a leave provided
for under this Section.