Article 41 Removed by the HR Ministry which was introduced in the Labor System


Article 41 Removed by the HR Ministry which was introduced in the Labor System. On Wednesday 13th January 2021, the Ministry of Human Resources and Social Development announced the end of Article 41 added to the executive regulations of the labor system. Which was added in light of the exceptional circumstances that the Kingdom and various countries of the world faced due to the Coronavirus pandemic.

Article 41 Removed by the HR Ministry which was introduced in Labor System

On April 2020, the Ministry issued a decision to regulate the contractual relationship between employees and employers. Article 41 included all workers in facilities and sectors affected by the precautionary measures for the Coronavirus and stipulated in Article 5 of the labor system, excluding any category or sector. Exempted by order of the regulatory authority.

The article included that if the state took measures in the matter of a situation or circumstance that calls for reducing the working hours, or precautionary measures that limit the aggravation of that situation or that circumstance, which is included in the description of “force majeure” contained in the labor system, then the employer initially agreed with the worker – during The six months following the commencement of taking those measures – to reduce the worker’s wage in proportion to the number of actual working hours.

That article also included the possibility of granting the worker a leave counted from his due annual leave days, or granting the worker an exceptional leave. Terminating the work contract after that is not legitimate if it is proven that the employer has benefited from any subsidy from the state to face that situation, in addition to the worker retaining his right to Termination of the employment contract.

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