What protection from discrimination or harassment are workers entitled to in respect of the termination of employment?

The KSA Labour Law also provides that “citizens are equal in the right to work without any discrimination on the basis of sex, disability, age or any other form of discrimination, whether during the performance of the work or when hiring or advertising it”.

The reference to citizens suggests that this anti-discrimination provision applies to Saudi nationals only and it therefore remains to be seen how widely this provision will be interpreted and applied in practice.

 The KSA Labour Law also provides that employees cannot be dismissed whilst pregnant or on maternity leave (including during any period of sickness resulting from the pregnancy provided a medical certificate is provided).

 Resolution No. 488 dated 14/9/1439H and Resolution No. 20912 dated Safar 1441 (the Anti-Harassment Laws) aim to protect an individual’s dignity, privacy and personal freedom in accordance with Sharia law by specifically prohibiting words, acts, implicit behaviour or innuendo of a sexual nature by one individual against another targeting that individual’s body, modesty or personal life by any means, including by modern technology and communications. Broadly, the Anti-Harassment Laws require employers to:

1. put in place, and publish to their workforce, an internal complaints procedure;

2. implement controls safeguarding the confidentiality of any complaints; and

3. take remedial action in respect of any breach of the Anti-Harassment Laws.

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