Amid recent developments and the growing need to regulate employment relationships in a way that preserves the rights of all parties, the role of Article 51 of the Saudi Labor Law emerges as a fundamental component in defining and protecting the rights of both workers and employers. This article stipulates the necessity of documenting the employment contract in writing, with each party retaining a copy. Such documentation is not only a means to affirm mutual commitments but also a mechanism to safeguard the rights and obligations of both parties.
The paramount importance of this clause lies in its protection of the worker from any unfair practices that might be exercised by the employer, as the contract is considered valid and effective even if it is not written. This feature grants the worker the right to prove the existence of the contract and the rights arising from it using all available legal means, including testimonials, documents, and any other evidence that can substantiate the employment relationship and its associated obligations. Additionally, either party may request the documentation of the contract in writing at any time, enhancing transparency and clarity in employment relationships.
For workers in the government sector and public institutions, the appointment decision or order issued by the competent authority serves as a substitute for the employment contract. This means that the formal procedures followed in appointing these workers perform the role of a contract and carry the same legal value, facilitating their access to their rights according to the laws and regulations in force in the country.
In conclusion, Article 51 of the Saudi Labor Law plays a vital role in embedding concepts of justice and job security, representing an important step towards achieving a balanced and fair work environment that protects the worker and ensures the employer's rights. These regulations form a solid foundation for a balanced economy.