Need to Know about Article 40 Saudi Labor Law | Air Ticket
Article 40 Saudi Labor Law is a provision that regulates the rights and obligations of employers and employees regarding air tickets. This article covers different scenarios. Such as the first arrival of the employee, the annual leave, the final exit and the transfer of sponsorship. If you are wondering what is article 40 labor law KSA we can help you out.
In this article, we will explain each scenario in detail and provide some tips on how to deal with them.
Introduction to article 40 of the Saudi Labor Law
Saudi Arabia is a popular destination for expatriates who seek employment opportunities in various sectors. However, working in a foreign country also entails some challenges. For example, traveling to and from the home country. Fortunately, Saudi labor law article 40 provides some protection for expatriate workers regarding air tickets. Moreover, article 40 also specifies when and how the employer should finance travelling for the employee and their family.
1. Air Ticket for the first arrival
According to the Saudi Labor Law article 40, the employer must pay for the air ticket when the employee’s first arrives to the Kingdom. This means that the employer has to pay for Saudi labor law air ticket and the flight from the employee’s home country.
This provision applies to all expatriate foreign workers who are recruited from outside Saudi Arabia, regardless of nationality, profession, or salary. However, the employer should provide an air ticket that is suitable for the employee’s status and qualifications. Additionally, the employer should also arrange for the employee’s visa, work permit, medical check-up, and other necessary procedures.
However, the employer should not deduct any amount from the employee’s salary or benefits to cover the cost of the air ticket. Furthermore, the employer should also not ask the employee to reimburse them for the cost of the air ticket if they terminate their employment contract before its expiry or if they transfer their sponsorship to another employer within Saudi Arabia. This is all contemplated in Saudi labor law article 40.
Article 40: (1) The employer is responsible for covering the costs associated with hiring non-Saudi employees, including fees for residence permits (Iqama) and work permits, as well as their renewals and any fines incurred due to delays. Additionally, the employer is responsible for fees related to profession changes, exit and re-entry visas, and providing return tickets to the worker’s home country upon the conclusion of their employment contract.
2. Air Ticket with the annual leave
Saudi labor law Article 40 (2) states that the employer should also bear the cost of the travel. Both for the employee’s travel to their home country and back once every year during the annual leave. Meaning that the employer should provide a round-trip air ticket for the employee annually when they take their annual leave.
This provision applies to all expatriate workers who have completed at least one year of continuous service with their employer. The employer should provide an air ticket that is suitable for the employee’s status and qualifications. In addition, the employer should also coordinate with the worker about their annual leave schedule and their preferred travel dates.
However, this provision does not apply if the employee does not spend their annual leave in their home country. It does not apply either if they agree with the employer to receive a cash allowance instead of the travel.
3. Air Ticket in case of final exit
If the employee decides to leave Saudi Arabia permanently, or if his employment contract is terminated by either party, Article 40 of the Saudi Labor Law (3) requires the employer to pay for the employee’s air ticket to his home country. This is also known as the final exit ticket. The employer cannot withhold this ticket or ask for any compensation from the employee.
However, the employer should provide an air ticket that is suitable for the employee’s status and qualifications. The employer should also arrange several issues for the employee’s final exit visa. Such as, end-of-service benefits, and other necessary procedures before their departure. Saudi labor law for final exit is one of the many benefits the legislation has.
4. Air Ticket in case of transfer of sponsorship
Article 40 (4) of the Saudi Labor Law provides that if the employee transfers their sponsorship to another employer within Saudi Arabia, the previous employer should bear the cost of the employee’s travel to their home country and back. This means that the previous employer should provide a round-trip air ticket for the employee when they change their employer.
This provision applies to all expatriate workers who have completed at least two years of service with their previous employer. And those who have obtained their previous employer’s consent to transfer their sponsorship to another employer within Saudi Arabia. Furthermore, the previous employer should provide an air ticket that is suitable for the employee’s status and qualifications. The previous employer should also coordinate with the new employer about the transfer of sponsorship procedures and documents.
However, the previous employer should not deduct any amount from the employee’s salary or benefits to cover the cost of the air ticket. Furthermore, the previous employer should also not ask the employee to reimburse them for the cost of the air ticket. Also, they should not ask if they terminate employment contract before its expiry. Or, if they transfer their sponsorship to another employer within Saudi Arabia.
5. Air Ticket in case of Death
In the unfortunate event of death of an employee or one of his family members there are some steps to follow. Article 40 (5) and (6) of the Saudi Labor Law oblige the employer to pay for the air ticket for transporting the body of the deceased to his home country. The employer must also pay for the air ticket for one companion who will accompany the body. The companion can be a relative or a friend of the deceased.
6. Air Ticket for Family Members
7th and 8th paragraph of the Saudi Labor Law article 40 state that if an employee brings his family members to Saudi Arabia under his sponsorship, he has a right to receive an air ticket for himself and his family members once every two years. Along with his annual leave. However, this is subject to a maximum limit of six family members. Including the employee himself. The employer can choose to provide more tickets or more frequent tickets, but this is not obligatory.
Article 40 of the Saudi Labor Law is an important provision that protects expatriate workers’ rights regarding air tickets. It specifies when and how the employer should provide air tickets for the employee and their family members in different situations. Expatriate workers should be aware of these rights and obligations and seek legal advice if they face any problems or disputes with their employers regarding air tickets.
If you need more information of Saudi Labor Law Article 40 or the legislation in general contact us today for anything.
