Saudi Labor Law Article 40 is a provision that regulates the rights and obligations of employers and employees regarding air tickets. This is a very specific and important part of the Saudi legislation since it states rights foreigner workers must know before travelling.

In this article, we will explain what Saudi Labor Law Article 40 says and how it applies to different situations.

What is Article 40 of Saudi Labour Law?

If you are working in Saudi Arabia, you may be wondering about your entitlement to air tickets. Air tickets are one of the benefits that employers may offer to their employees, especially expatriates, as part of their contract. However, not all employees are eligible for air tickets. To understand your rights and obligations regarding this, you need to refer to Article 40 of the Saudi Labor Law. Which is the main legal source that governs this issue.

Saudi Labor Law Article 40 states that:

• The employer shall bear the expenses of the worker’s travel. This, from his place of recruitment to the place of work upon his arrival for the first time.
• When the contract is renewed for a period not less than one year, the employer shall bear the expenses of his travel to his original place and back to the place of work at the end of each year. However, this only applies if he spends his annual leave in his original place.
• The employee can transfer his services to another one with the consent of the original employer. However, the latter shall bear the travelling expenses to his original place or to any other.
• The worker shall also cover the expenses of his travel to his original place upon the expiry of his contract.
• If the worker dies during the term of his contract there are some measures to take. The employer shall bear the expenses of body transportation. Furthermore, paying for Saudi labor law air ticket for those accompanying it to his original place or to any other.

On the other hand, workers with a Saudi green card might have different rights when it comes to air tickets.

If you still have doubts about what is article 40 labor law KSA we have further information.

1. Air Ticket for the First Arrival

Saudi Labor Law Article 40 says that the employer is responsible for paying for the worker’s travel from his place of recruitment to the place of work when he arrives for work for the first time. This means that if they hire you from outside Saudi Arabia, your employer should cover your air ticket to KSA. However, if they hire you from inside the country, your employer may not be obliged to pay air ticket. Unless you both agree on that before in your contract or in a collective agreement.

2. Air Ticket with the Annual Leave

Saudi Labor Law Article 40 states that if they renew your contract for a period not less than one year, your employer should pay for your air ticket to your original place. They must pay for it back to the place of work at the end of each year. However, this is done if you spend your annual leave in your original place.

Furthermore, you have a right to any other place if it came into discussion and you take your annual leave there. However, if you do not take your annual leave in your original place. Or if your contract is less than one year, you may not be eligible for this benefit.

3. Air Ticket in Case of Final Exit

Article 40 Saudi Labor Law states that your employer should pay for your air ticket to your original place. Or, any other agreed upon destination when your contract expires. This means that if you are an expatriate worker who is leaving Saudi Arabia permanently after completing your contract, your employer should cover your air ticket to your home country or any other destination that you agree on.

However, if you terminate your contract before its expiry or if you breach its terms, you may lose this right. It is known as Saudi labor law for final exit since it is the definitive leave of the worker.

4. Air Ticket in Case of Transfer of Sponsorship

Saudi Labor Law Article 40 contemplates something about transferring your services to another employer. If you do this with the consent of your original employer, they should pay for your air ticket to your original place or any other.

However, if you transfer your services without the consent of your original employer. Or, if you breach your contract, you may lose this right.

5. Air Ticket in Case of Death

If you die during your contract term, your employer should pay for transporting your body. Saudi Labour Law Article 40 states this very specifically. Also, they must pay for those accompanying it to your original place or any other that came into discussion beforehand. If you are an expatriate worker who passes away while working, your employer should cover the costs. Furthermore, covering the repatriation of your remains and those who accompany them. Such as, family members to your home country or any other destination that you previously state.

6. Air Ticket for Family Members

Article 40 of Saudi Labor Law does not explicitly mention rights about air tickets for family members of workers. However, some employers may offer air tickets for family members as part of their contract or as a discretionary benefit. This may depend on several different factors. Such as, the position, salary, and duration of the contract of the worker. Therefore, it is advisable to check your contract or ask your employer about it. For example, you should ask about the availability and conditions of air tickets for family members.

Conclusion

Saudi Labor Law Article 40 is an important provision that regulates the rights and obligations regarding air tickets. It covers different scenarios. For example, the first arrival, the annual leave, the final exit, transfer of sponsorship, and the death of the worker. However, it does not address the issue of air tickets for family members, which may depend on the contract or the discretion of the employer.

Therefore, it is important to be aware of your entitlements and obligations regarding air tickets. Also, to consult your contract or your employer for any clarification or dispute. For further information, feel free to contact us and we will be happy to help.