Labour ministry announces extension of probation period to nine months

MADLSA

The Ministry of Administrative Development, Labour and Social Affairs announced the implementation of the decision of the Minister of Administrative Development, Labour and Social Affairs No. (21) for the year 2021 to amend some provisions of Resolution No. (8) for the year 2005 regarding regulating the conditions and procedures for licensing the recruitment of workers from abroad on the account of others.According to the decision, which comes into force, office owners are bound by the instructions issued by the ministry and other concerned authorities in the field of recruiting workers from abroad, the most important of which are: to abide by the amendments to the labour legislation, systems and policies in the country from which the labour is recruited, and to provide the worker before he is recruited with a copy of the data and conditions of work signed by the employer, and the employer is obligated to issue a work contract for the worker before his arrival in the country according to the same conditions that the worker accepted to work on, in addition to providing private housing and meals for the recruited workers until they receive work with the employer, or when the office is returned to the worker brought by the owner Work according to the terms and conditions.The ministry explained that the decision included obligating the licensee to guarantee an additional six-month probationary period for the user, starting immediately after the end of the three-month preliminary testing period, bringing the total probation period to (9) months. During the additional probation period, the licensee shall guarantee the return of the sums paid to him by the employer, minus 15% of the total amount due, for each month the user spent in the service of the employer during the additional probation period, with deduction of the value of government fees incurred. The office, in any of the following cases: the user's refusal to work, the user's flight, and the user's illness with a chronic disease. The right of the employer shall also be forfeited when the employer assaults the worker and violates any of the terms of the contract with the worker.The competence of the Ministry of Administrative Development, Labour and Social Affairs is represented by the Department of Employment in studying special requests to recruit workers from abroad, granting licenses to recruit workers from abroad for others, and settling disputes that arise between recruitment agencies and employers in accordance with the Labour Law and the decisions implementing it, and referring them to the judiciary if they cannot be settled amicably.