Showing posts with label SAUDI ARABIA. Show all posts
Showing posts with label SAUDI ARABIA. Show all posts

10.16.2011

How to know Traffic violation penalty via mobile phone?

Send SMS to the below numbers containing your ID:

88993 (STC)
625555 (Mobily).
(STC) (SMS cost 1.5 SR.)

Why to use this service:
  1.        Not paying the traffic violation during one month of its issuance will double its amount by ytraffic department.
  2.        To know traffic violations registrerd your ID.
  3.        Before issuing an Exit/Re-entry visa
  4.        Before buying as new car.
You will get immediate confirmation via return SMS.

    How to verify car ownership?

    Be sure of the car owner before buying a used car, send a SMS with owner ID and car plate number to get its details: 88905. (STC) (SMS cost 1.5 SR.)

    Example: 9999999999* STB 1806

    Why to use this service:
    1.        When buying a used car.
    2.        To be sure of car made year and model.
    3.        To be sure of car steel number.
    4.        Car serial number when renewing car registration.
    You will get immediate confirmation via return SMS.

      10.09.2011

      LEGAL DUES AFTER DEATH IN SAUDI ARABIA - SAUDI LABOR LAW

      My nationality is Indian.My husband died in Saudi Arabia six months ago. I did not receive any compensation or insurance until now. Please help and guide me with proper procedure guidelines. 

      Please note that, you did not indicate the nature of your husband’s death. Whether it was a natural death or unnatural death or in course of employment or out of employment i.e., traffic accident, work related accident, suicide, murder, etc.  Without this information I am not able to give you exact details of compensation. 

      Anyhow, apart from the compensation and insurance, you are entitled to get your deceased husband’s legal dues from his sponsor. That is specific and certain and will not change according to the nature of death. The sponsor is legally obliged to pay all pending legal dues to his employee’s legal hires after the death of his employee irrespective of the nature of death.  Legal dues are his pending salaries, unused vacation days, End Service Benefits and any pending allowances.  

      (For ESB calculation, you will get half of last month salary for the first 5 years and full salary after each year. In regard to unused vacation, you will get 21 days vacation salary for the first 5 years and 30 days after 5 years. For further reading in regard to ESB, you may read my previous posting….Clickhere)

      You may please note that, it is very imperative to settle the legal dues by the sponsor for the repatriation of the human remains of the deceased to his home country. In most of the cases the legal dues are settled before burial or repatriation of the human remains. In some rare cases, it may be delayed from the part of the sponsor. In these types of cases, the Embassy/Consulate is authorized to receive the dues on behalf of the legal heirs of the deceased. As soon as the dues are received, the amount is send by the Embassy in Riyadh or the Consulate General of India in Jeddah, to the district authorities through Reserve bank of India for disbursement to the legal heirs of the deceased.

      If you are sure that your husband’s sponsor did not handed over aforesaid money to the concerned labor office or Indian Missions in Saudi Arabia, you may contact to the Indian Embassy/ consulate immediately. One of the practical ways is that, seek help of any Indian voluntary social workers or organizations in Saudi Arabia. With the help of them you can submit the issue in front of the Indian Embassy and Embassy officials will interfere and you will get speedy relief. Try to publish the issue in any newspapers which has an edition in Saudi Arabia bring it to the notice of Indian social organizations. 

      For your convenience, contact details of Indian Missions in Saudi Arabia given below:

      • Address of Embassy of India, Riyad :
      B-1 DIPLOMATIC QUARTER, PO BOX 94387 
      RIYADH - 11693, SAUDI ARABIA
      TELEPHONE:00-966-1-488 4144 /488 4691 /488 4692/483 4252

      DEATH CASES: TEL.NOS. :00-966-1-4816348/ 4884144 EXT.109 

      • Address of Consulate General of India:
      CONSULATE GENERAL OF INDIA
      BUILDING OF BUGSHAN & BROTHERS,
      NEXT TO AL MIRA CARPETS, SHARAFIA
      DIST, MADINAH ROAD, P.O.BOX.NO.
      952, JEDDAH-21421

      02-652 0104/ 02-652 0112/ 02-651 7581
      FAX:--02-653 3964.

      Before these actions, you must ensure whether sponsor of your deceased husband handed over legal dues to concerned labor office or Indian Embassy. Because reaching these types of money to the hands of recipient may be delayed because of the long procedure from the part of Reserve Bank of India and local Civil authorities in the concerned states.

      9.10.2011

      THE BASIC LAW OF GOVERNANCE

      The Custodian of the Two Holy Mosques, King Fahd Bin Abdulaziz Al-Saud issued a Royal Decree embodying the Basic Law of Governance. The following is the text of the Decree.


      In the name of God, the most compassionate, the most Merciful.

      No: A/90
      Dated 27th Sha'ban 1412 H (1 March 1992)

      With the help of God, we, Fahd Bin Abdulaziz Al-Saud, Monarch of the Kingdom of Saudi Arabia, having taken into consideration the public interest, and in view of the progress of the State in various fields and out of the desire to achieve the objectives we are pursuing, have decreed the following:

      That the promulgation of the Basic Law of Governance is as the attached text.
      That all regulations, orders and decrees in force shall remain valid when this Basic Law comes into force, until they are amended to conform with it.
      That this decree shall be published in the Official Gazette, and shall come into force on the date of its publication.


      CHAPTER ONE
      GENERAL PRINCIPLES

      Article 1:
      The Kingdom of Saudi Arabia is a sovereign Arab Islamic State. Its religion is Islam. Its constitution is Almighty God's Book, The Holy Qur'an, and the Sunna (Traditions) of the Prophet (PBUH). Arabic is the language of the Kingdom. The City of Riyadh is the capital.

      Article 2:
      The State public holidays are Eid Al Fitr (the Feast of Ramadan) and Eid Al Adha (The Feast of the Sacrifice). Its calendar follows the Hijri year (the lunar year).


      Article 3:
      The flag of the State is as follows:

      (a) Its color is green
      (b) Its width equals two thirds of its length

      The words: "There is no god but God and Mohammed is His Messenger" are inscribed in the center, with a drawn sword underneath. The flag should never be inverted. The Law will specify the rules pertaining to the flag.


      Article 4:
      The State's Emblem represents two crossed swords with a palm three in the middle of the upper space between them. The Law will define the State's Anthem and medals



      CHAPTER TWO
      THE LAW OF GOVERNANCE


      Article 5:

      • Monarchy is the system of rule in the Kingdom of Saudi Arabia

      • Rulers of the country shall be from amongst the sons of the founder King Abdulaziz bin Abdulrahman Al-Faisal Al-Saud, and their descendants.

      • The most upright among them shall receive allegiance according to Almighty God's Book and His Messenger's Sunna (Traditions).

      • The Crown Prince shall devote himself exclusively to his duties as Crown Prince and shall perform any other duties delegated to him by the King.

      • Upon the death of the King, the Crown Prince shall assume the Royal powers until a pledge of allegiance (bay'a) is given.

      Article 6:
      In support of the Book of God and the Sunna of His Messenger (PBUH), citizens shall give the pledge of allegiance (bay'a) to the King, professing loyalty in times of hardship and ease.

      Article 7:
      Government in the Kingdom of Saudi Arabia derives its authority from the Book of God and the Sunna of the Prophet (PBUH), which are the ultimate sources of reference for this Law and the other laws of the State.


      Article 8:
      Governance in the Kingdom of Saudi Arabia is based on justice, shura (consultation) and equality according to Islamic Sharia.



      CHAPTER THREE
      THE VALUES OF SAUDI SOCIETY


      Article 9:
      The family is the nucleus of Saudi So ciety. Members of the family shall be raised in the Islamic Creed, which demands allegiance and obedience to God, to His Prophet and to the rulers, respect for and obedience to the laws, and love for and pride in the homeland and its glorious history.

      Article 10:
      The State shall aspire to promote family bonds and Arab-Islamic values. It shall take care of all individuals and provide the right conditions for the growth of their talents and skills.


      Article 11:
      Saudi society is based on full adherence to God's guidance. Members of this society shall cooperate amongst themselves in charity, piety and cohesion.


      Article 12:
      Consolidation of the national unity is a duty. The State shall forbid all activities that may lead to division, disorder and partition.


      Article 13:
      The aim of education is to implant the Islamic Creed in the hearts of all youths, to help them acquire knowledge and skills, to qualify them to become useful members of their society, to love their homeland and take pride in its history.



      CHAPTER FOUR
      ECONOMIC PRINCIPLES


      Article 14:
      All natural resources that God has deposited underground, above ground, in territorial waters or within the land and sea domains under the authority of the State, together with revenues of these resources, shall be the property of the State, as provided by the Law.

      The Law shall specify means for exploitation, protection and development of these resources in the best interest of the State, and its security and economy.

      Article 15:
      No concessions or licenses to exploit any public resources of the country shall be granted unless authorized by provisions of the Law.


      Article 16:
      Public funds are inviolable. They shall be protected by the State and safeguarded by all citizens and residents.


      Article 17:
      Ownership, capital and labor are basic components of the economic and social entity of the Kingdom. They are personal rights which perform a social function in accordance with the Islamic Sharia.


      Article 18:
      The State shall guarantee private ownership and its sanctity. No-one shall be deprived of his private property, unless in service of the public interest. In this case, a fair compensation shall be given to him.


      Article 19:
      General confiscation of assets is prohibited. No confiscation of an individual's assets shall be enforced without a judicial ruling.


      Article 20:
      No taxes or fees shall be imposed, except in need and on a just basis. Imposition, amendment, cancellation or exemption shall take place according to the provisions of the Law.


      Article 21:
      Zakat shall be collected and spent for legitimate expenses.


      Article 22:
      Economic and social development shall be carried out according to a fair, wise plan.



      CHAPTER FIVE
      RIGHTS AND DUTIES


      Article 23:
      The State shall protect the Islamic Creed, apply the Sharia, encourage good and discourage evil, and undertake its duty regarding the Propagation of Islam (Da'wa).


      Article 24:
      The State shall develop and maintain the Two Holy Mosques. It shall provide care and security to pilgrims to help them perform their Hajj and Umra and visit to the Prophet's Mosque in ease and comfort.


      Article 25:
      The State shall nourish the aspirations of Arab and Muslim nations in solidarity and harmony and strengthen relations with friendly states.


      Article 26:
      The State shall protect human rights in accordance with the Sharia.


      Article 27:
      The State shall guarantee the rights of the citizens and their families in cases of emergency, illness, disability and old age. The State shall support the So cial Insurance Law and encourage organizations and individuals to participate in philanthropic activities.


      Article 28:
      The State shall facilitate job opportunities for every able person, and enact laws to protect the worker and the employer.


      Article 29:
      The State shall patronize sciences, letters and culture. It shall encourage scientific research, protect the Islamic and Arab heritage, and contribute towards Arab, Islamic and human civilization.


      Article 30:
      The State shall provide public education and commit itself to the eradication of illiteracy.


      Article 31:
      The State shall look after public health and provide health care for every citizen.


      Article 32:
      The State shall work towards the preservation, protection and improvement of the environment, as well as prevent pollution.


      Article 33:
      The State shall form armed forces and equip them to defend the Islamic Creed, the Two Holy Mosques, the society and the homeland.


      Article 34:
      It shall be the duty of every citizen to defend the Islamic Creed, the society and homeland. The Law shall specify rules for military service.


      Article 35:
      The Law shall specify rules pertaining to Saudi Arabian nationality.


      Article 36:
      The State shall provide security for all citizens and residents on its territories. No-one may be confined, arrested or imprisoned without reference to the Law.


      Article 37:
      Dwellings are inviolate. Access is prohibited without their owners' permission. No search may be made except in cases specified by the Law.


      Article 38:
      No-one shall be punished for another's crimes. No conviction or penalty shall be inflicted without reference to the Sharia or the provisions of the Law. Punishment shall not be imposed ex post facto.


      Article 39:
      Mass media and all other vehicles of expression shall employ civil and polite language, contribute towards the education of the nation and strengthen unity. It is prohibited to commit acts leading to disorder and division, affecting the security of the state and its public relations, or undermining human dignity and rights. Details shall be specified in the Law.


      Article 40:
      The privacy of telegraphic and postal communications, and telephone and other means of communication, shall be inviolate. There shall be no confiscation, delay, surveillance or eavesdropping, except in cases provided by the Law.


      Article 41:
      Residents in the Kingdom of Saudi Arabia shall abide by its laws, observe the values of the Saudi community and respect Saudi traditions and feelings.


      Article 42:
      The State shall grant the right of political asylum provided it is in the public interest. International agreements and laws shall define rules and procedures for the extradition of common criminals.


      Article 43:
      Councils held by the King and the Crown Prince shall be open for all citizens and anyone else who may have a complaint or a grievance. A citizen shall be entitled to address public authorities and discuss any matters of concern to him.



      CHAPTER SIX
      THE AUTHORITIES OF THE STATE


      Article 44:
      The Authorities of the State consist of:
      - The Judicial Authority
      - The Executive Authority
      - The Regulatory Authority

      These Authorities will cooperate in the performance of their functions, according to this Law or other laws. The King is the ultimate arbiter for these Authorities.


      Article 45:
      The Holy Qur'an and the Sunna (Traditions) of God's Messenger shall be the source for fatwas (religious advisory rulings). The Law shall specify hierarchical organization for the composition of the Council of the Senior Ulema, the Research Administration, and the Office of the Mufti, together with their functions.


      Article 46:
      The Judiciary is an independent authority. The decisions of judges shall not be subject to any authority other than the authority of the Islamic Sharia.


      Article 47:
      All people, either citizens or residents in the Kingdom, are entitled to file suit on an equal basis. The Law shall specify procedures for this purpose.


      Article 48:
      The Courts shall apply rules of the Islamic Sharia in cases that are brought before them, according to the Holy Qur'an and the Sunna, and according to laws which are decreed by the ruler in agreement with the Holy Qur'an and the Sunna.


      Article 49:
      Courts are empowered to arbitrate in all disputes and crimes, taking into account the provisions of Article 53 of this Law.


      Article 50:
      The King or whomsoever he may deputize shall concern himself with the implementation of judicial rulings.


      Article 51:
      The Law shall specify the composition of the Supreme Judiciary Council and its functions, as well as the hierarchy for the courts and their functions.


      Article 52:
      Judges shall be appointed and relieved by Royal Decree, based on a proposal of the Supreme Judiciary Council, in accordance with provisions of the Law.


      Article 53:
      The Law shall specify the hierarchy of the Board of Grievances and its functions.


      Article 54:
      The Law shall specify the relationship between the Commission of Inquiry and the Attorney-General and their organization and functions.


      Article 55:
      The King shall rule the nation according to the Sharia. He shall also supervise the implementation of the Sharia, the general policy of the State, and the defense and protection of the country.


      Article 56:
      The King is the Prime Minister. Members of the Council of Ministers shall assist him in the performance of his mission according to the provisions of this Law and other laws. The Council of Ministers Law shall specify the powers of the Council in respect of internal and external affairs, organization of governmental departments and their coordination. In additions, the Law shall specify the qualifications and the powers of the ministers, ministerial accountability procedures and all matters pertaining to the ministers. The Law of the Council of Ministers and the areas of their authority may be amended according to this Law.


      Article 57:
      • The King shall appoint and relieve deputies of the Prime Minister and member minister of the Council by Royal Decree.

      • Deputies of the Prime Minister and member ministers of the Council shall be jointly responsible to the King for the implementation of the Sharia, laws and the general policy of the State.

      • The King is entitled to dissolve and reconstitute the Council of Ministers.


      Article 58:
      The King shall appoint those who are at the rank of ministers and deputy ministers, and those who are at the highest grade and relieve them by a Royal Decree as provided by the Law. Ministers and heads of independent departments shall be answerable to the King in respect of the ministries and agencies they head.


      Article 59:
      The Law shall specify the rules of the Civil Service, including salaries, awards, compensations, privileges, and pensions.


      Article 60:
      The King is the Supreme Commander of the Armed Forces. He shall appoint and dismiss officers form service, as provided by terms of the Law.


      Article 61:
      The King shall announce any state of emergency or general mobilization and shall declare war. The Law shall specify rules for this purpose.


      Article 62:
      If an imminent danger is threatening the safety of the Kingdom, the integrity of its territories or the security and interests of its people, or is impeding the functions of official organizations, the King may take urgent measures to deal with such a danger. When he considers that these measures should continue, necessary arrangements shall be made in accordance with the Law.


      Article 63:
      The King shall receive kings and heads of state, appoint his representatives to other states, and receive credentials of other states' representatives accredited to him.


      Article 64:
      The King shall award medals according to provisions of the Law.


      Article 65:
      The King may delegate some powers of authority to the Crown Prince by Royal Decree.


      Article 66:
      Should the King happen to travel abroad, he shall issue a Royal Decree to deputize the Crown Prince to manage the affairs of state and look after the interests of the people, as set out in the Royal Decree.


      Article 67:
      The Regulatory Authority shall be concerned with the making of laws and regulations which will safeguard all interests, and remove evil from the State's affairs, according to Sharia. Its powers shall be exercised according to provisions of this Law and the Law of the Council of Ministers and the Law of the Shura Council.


      Article 68:
      The Shura Council shall be established. Its Law shall specify the details of it formation, powers and selection of members. The King may dissolve and reconstitute Majlis Ash-Shura.


      Article 69:
      The King may summon Majlis Ash-Shura and the Council of Ministers for a joint session. He may summon others whom he deems necessary to attend the meeting and discuss whatever affairs he considers fit.


      Article 70:
      Laws, international agreements, treaties and concessions shall be approved and amended by Royal Decrees.


      Article 71:
      Laws shall be published in the Official Gazette, and implemented effective from the date of publication, unless another date is specified.



      CHAPTER SEVEN
      FINANCIAL AFFAIRS

      Article 72:
      • The Law shall include provisions for the State's revenues and their depositing with the General Treasury of the State

      • Revenues shall be recorded and spent according to procedures stipulated by provisions of the Law.


      Article 73:
      No commitment to pay a sum of money from the General Treasury shall be made without adherence to budget rules. If provisions of the budget cannot cover the demand, then a provision shall be made through a Royal Decree.


      Article 74:
      Assets of the State may not be sold, rented or disposed of unless so authorized by the Law.


      Article 75:
      Laws shall specify provisions for currency, banks, standards, measures and weights.


      Article 76:
      The Law shall set the fiscal year for the State. The budget shall be announced according to a Royal Decree. It shall specify assessed amounts of revenue and expenditure one month ahead of the coming fiscal year. If the budget cannot be issued due to compelling reasons before the beginning of the new fiscal year, the budget of the previous year shall remain in force until the new budget can be issued.


      Article 77:
      The competent department shall prepare the closing account of the State for the past year and forward it to the Prime Minister.


      Article 78:
      Budgets and closing accounts of departments which have corporate rights, shall be subject to the same procedures which are applicable to the State's budget and closing accounts



      CHAPTER EIGHT
      INSTITUTIONS OF AUDIT

      Article 79:
      All revenues and expenditures of the State, as well as movable and fixed assets, shall be subsequently audited to ensure proper use and management. An annual report to this effect shall be forwarded to the Prime Minister. The Law shall specify details of the competent auditing institution, together with its affiliations and areas of authority.


      Article 80:
      Governmental institutions shall also be audited to ensure proper administrative performance and implementation of laws. Financial and administrative violations shall be investigated. An annual report shall be forwarded to the Prime Minister. The Law shall specify details of the competent institution in charge, together with its affiliations and areas of authority.



      CHAPTER NINE
      GENERAL PRINCIPLES

      Article 81:
      With regard to treaties and agreements, the application of this Law shall not violate commitments of the Kingdom of Saudi Arabia towards other states, international organizations and bodies.


      Article 82:
      No provision of this Law whatsoever may be suspended except on a temporary basis, such as in wartime or during the declaration of a state of emergency. Such a suspension shall be in accordance with the terms of the Law and may not violate Article 7.


      Article 83:
      No amendment to this Law shall be made, except in the same manner as it was promulgated.

      THE CODE OF LAW PRACTICE

      THE CODE OF LAW PRACTICE [2001]

      Royal Decree No.(M/38), 28 Rajab 1422 [15 October 2001]
      Umm al-Qura No.(3867), 17 Sha'ban 1422 [2 November 2001]

      The English version of this document is for guidance only. The Arabic version is the governing text.

      PART ONE
      DEFINITION OF THE PRACTICE OF LAW AND ITS REQUIREMENTS

      Article 1 : As herein used, the phrase “law practice” shall mean representation of third parties before courts of law, the Board of Grievances, and other committees as may be set up pursuant to laws, decrees and decisions to consider the cases falling within their respective jurisdictions. It shall also mean rendering consultancy services based on the principles of Shari'ah and the rule of law. Whoever practices this profession shall be called a lawyer. Any person shall be entitled to litigate for himself.

      Article 2 : The Ministry of Justice shall prepare a general list of the names of practicing lawyers and another list of non-practicing lawyers, as of the time of registration. The two lists shall include the particulars specified by the implementing regulations of this Code. The Ministry of Justice shall transfer the name of a lawyer who ceases to practice the profession for a period exceeding one year from the list of practicing lawyers to the list of non-practicing lawyers subject to the restrictions included in the implementing regulations of this Code.

      Article 3 : A person who practices law shall have his name included in the list of practicing lawyers, and shall satisfy the following requirements:
      He must be a Saudi national. However, a non-Saudi shall be entitled to practice law subject to the terms of agreements concluded between the Kingdom and other countries.

      He must be a holder of a degree from a Shari'ah college or a bachelor of law from one of the Kingdom's universities or an equivalent of any of these degrees obtained from abroad, or a post-graduate diploma of legal studies from the Institute of Public Administration .

      He must have at least three years of practical legal experience. This period may be reduced to one year for a holder of a Master's degree in Shari'ah or in law, or an equivalent of any of these degrees, or a post-graduate diploma in law for the graduates of a Shari'ah college. This requirement shall not apply to a holder of a doctorate in these fields of specialization.

      He must be of good conduct and not under interdiction.

      He must not have been subjected to any hadd (Qur'anic prescribed punishment) or any other sentence in connection with a crime that impugns integrity, except where a minimum period of five years has expired since execution of that sentence.

      He must be a resident of the Kingdom.

      The Minister of Justice shall cause to be prepared a declaration form to be signed by the applicant wherein he confirms that the requirements of paragraphs stated in (d), (e), and (f) of this article have been complied with.

      Article 4 : The provisions of paragraphs (b) and (c) of Article 3 shall not apply to an applicant who has previously practiced as a judge in the Kingdom for a minimum period of three years.

      Article 5 : The application for registration shall conform to the form specified in the implementing regulations of this Code and shall be submitted to the ‘Lawyers Registration and Admission Committee' that shall be formed as follows:
      A deputy of the Ministry of Justice to be appointed by the Minister of Justice, as Chairman.

      A representative of the Board of Grievances whose rank shall not be less than the rank of a Chief of a Court of class A, to be appointed by the Chairman of the Board of Grievances, as a member.

      A lawyer who has been practicing law for a minimum period of five years, to be appointed by the Minister of Justice, as a member.

      The competent authority shall name a substitute in case of absence of a member of this committee. The term of membership of this committee shall be three years renewable for another term.

      Article 6 : The committee provided for in Article 5 shall meet with all members present, and its decisions shall be adopted by majority vote. The committee shall ensure that the provisions stated herein have been complied with, and shall decide on any application, if complete, within a period not exceeding thirty days from the date of filing. In case of rejection of any application, the reasons for such rejection must be stated if so requested. An aggrieved applicant may file an appeal with the Board of Grievances within sixty days from the date on which he is notified of the decision adopted by this committee.

      Article 7 : Following registration on the list, a license to practice law shall be granted pursuant to a resolution by the Minister of Justice, in conformance with the form specified in the implementing regulations of this Code. This license shall be valid for a term of five years and may be renewed in accordance with the conditions herein provided for. Upon the issuance of a license, the applicant shall pay a fee in the amount of SR 2,000, and shall pay SR1,000 for each renewal.

      Article 8 : The Ministry of Justice shall notify the courts of law, the Board of Grievances, and the committees referred to in Article 1 herein of the names of lawyers who have been registered in the list of practicing lawyers, immediately upon the issuance or renewal of the license. A list showing the names and addresses of practicing lawyers shall be prepared and kept at the court and at the Board of Grievances. This list shall be available for perusal by any interested party.

      Article 9 : A lawyer who ceases to practice the profession for a period exceeding one year shall notify the Ministry of Justice in a form to be specified by the implementing regulations of this Code.
      Article 10 : A professional partnership for practicing law may be formed by two or more of the lawyers whose names are registered in the list subject to the requirements of the Professional Partnerships Regulations.

      PART TWO
      DUTIES AND RIGHTS OF LAWYERS

      Article 11 : A lawyer shall practice the profession in accordance with the Shari'ah and laws in force. He shall refrain from any act that compromises the dignity of the profession and shall comply with the relevant rules and instructions.

      Article 12 : A lawyer shall not refer to personal matters concerning his client's adversary or representative, and shall refrain from any offensive language or accusation, as may have a negative impact on integrity.

      Article 13 : Subject to Article 12, a lawyer may choose whatever strategy he may deem appropriate for defending the interests of his client and, in so doing, shall not be questioned in connection with the content of his written or oral arguments.

      Article 14 :

      (1) A lawyer shall not personally, or through another lawyer, accept any case or render any advice against his present or former employer except after the expiry of a minimum period of five years from the date of termination of his relation with that employer.

      (2) A lawyer who acts for a client on a part-time basis pursuant to a contract shall not accept any case or render any advice against that client before the expiry of three years following termination of that contract.

      Article 15 : A lawyer shall neither personally nor through another lawyer agree to represent an adversary of his client or otherwise provide him with any assistance, even in the form of an opinion, in connection with a case that he has previously handled or in connection with any other related matter even after expiry of his power of attorney.

      Article 16 : Anyone who has been a judge prior to practicing law shall not personally, or through another lawyer, accept a case that has previously come before him.

      Article 17 : Anyone who has previously provided an opinion in connection with a certain case, whether as an employee or an arbitrator or an expert, shall not accept that case.

      Article 18 : The lawyers whose names are registered on the list of practicing lawyers shall be exclusively entitled to litigate on behalf of third parties before courts of law or the Board of Grievances or the committees referred to in Article 1 hereunder.

      By way of exception, third parties may be represented by the following:

      An attorney-in-fact in one to three cases. If he has previously handled three cases on behalf of three different persons, he shall not be entitled to represent any other party.

      Husbands, in-laws, or any next-of-kin up to the fourth degree.

      A legal representative of a corporate person.

      A trustee, a guardian, and an administrator of an endowment in connection with their trusteeship, guardianship, and administration cases.

      An administrator of the public treasury with respect to matters within his jurisdiction, pursuant to the law and regulations.

      Article 19 : The courts of law, the Board of Grievances, the committees referred to in Article 1 hereof, government agencies, and the investigation authorities shall facilitate the lawyer's discharge of his assignment, and shall enable him to attend any interrogation and peruse any relevant documents. His request shall not be denied except for a valid reason.

      Article 20 : A lawyer or an attorney-in-fact shall present the original deed of his power of attorney or a certified copy thereof to the court, the Board of Grievances, or the committees referred to in Article 1 hereof. These documents shall be presented during the first hearing of the case. Should the principal attend any hearing with his lawyer, the clerk, or whoever is so acting shall record that in the proper minutes, and this entry shall constitute a power of attorney. If the lawyer is in possession of a duly certified general power of attorney entitling him to represent one of the litigants, he shall be relieved from filing the original deed, or he may present the original deed and a copy thereof, and the judge shall verify that copy against the original deed.

      Article 21 : Each lawyer shall have one or more places of business for handling the cases entrusted to his care and shall notify the Ministry of Justice of the address of his place of business and of any change of address.

      Article 22 : Upon expiration of a power of attorney, the lawyer in charge of the case shall, on demand, return to his principal the deed of power of attorney and the original documentation. However, if his fees have not been paid, he shall be entitled to make copies, at the expense of his principal, of all supporting documents, and shall retain the original papers and documents until the principal has paid the fees due and the cost of making copies thereof. A lawyer is not under any obligation to deliver to his principal the drafts of the documents he has filed with the court or any letters addressed to him. However, he must, on demand, provide his principal, at his principal's expense, with copies of these documents.

      Article 23 : A lawyer shall not disclose any confidential information which has been communicated to him or of which he has become aware in the course of practicing his profession even after expiration of his power of attorney, unless such non-disclosure constitutes a violation of a Shari'ah requirement. Similarly, he shall not, without a legitimate cause, decline to represent his client before the case has been concluded.

      Article 24 : A claim filed by a principal against his lawyer in connection with the documents deposited with that lawyer shall not be heard after the expiry of a period of five years from the date on which that lawyer completed his assignment, except where such documents have been claimed by registered mail, with an acknowledgement of receipt, prior to expiry of that period, in which case computation of that period shall run from the date of receipt of that mail.

      Article 25 : A lawyer shall not be entitled to purchase any or all of the disputed rights in respect of which he was the appointed representative.

      Article 26 : The lawyer's fees and method of payment shall be determined by agreement with his client. If there was no such agreement, or if the agreement was disputed or void, such fees shall be assessed by the court that has adjudicated that case, pursuant to a request by either the lawyer or the client, consistent with the effort expended by the lawyer and the benefit obtained by the client. This rule shall also apply to any subsidiary claim ensuing from the original case.

      Article 27 : A client shall be entitled to dismiss his lawyer; however, he shall pay all the fees agreed upon if it is established that such dismissal was without valid cause, except where the competent court decides otherwise with respect to such dismissal or to the full payment of the fees.

      Article 28 : In case of death of the lawyer, and if his heirs and the client fail to agree on the fees, the competent court shall assess such fees consistent with the effort exerted by the deceased, the benefit obtained by the client, the stage of the proceedings, and the concluded agreement.

      PART THREE
      DISCIPLINARY ACTION

      Article 29 :
      First: The name of a lawyer shall be struck from the list and his license revoked in case a hadd (Qur'anic prescribed punishment) or any other punishment in connection with a crime that impugns integrity has been entered against him.

      Second: Without prejudice to a claim for compensation by any aggrieved party or to any other claim, any lawyer who violates the provisions of this Code or its implementing regulations, or commits a breach of his professional duties or any act as may be incompatible with the professional standards shall be subject to one of the following sanctions:

      Warning
      Reprimand
      Suspension of practice for a period not exceeding three years
      Striking his name off the list and revoking his license.
      Article 30 : The Public Prosecutor shall, either of his own accord or pursuant to instructions by the Minister of Justice or any court of law or the Board of Grievances or any of the committees referred to in Article 1 of this Code, initiate disciplinary proceedings against the said lawyer.

      Article 31 : The Minister of Justice shall, pursuant to a resolution, set up one or more committees to consider the imposition of the sanctions provided for in Article 29 hereof. This committee shall be called the ‘Disciplinary Board', and it shall consist of a judge and two experts, one of whom is to be selected from the class of lawyers who have been practicing the profession for a minimum period of ten years. The Minister of Justice shall appoint one of the board members to act as Chairman. Membership of this Board shall be for a term of three years and shall be renewable for a similar period.

      The meetings of the Board shall be attended by all members and its decisions shall be taken by majority vote. These decisions shall be appealable to the Board of Grievances within sixty days from the date of notifying the lawyer concerned of the sanctions imposed on him.

      Article 32 : The lawyer shall be summoned to appear before the Disciplinary Board. This summons shall give a short account of the violation of which he is charged and of the evidence thereof, at least fifteen days prior to the date set for the hearing. The lawyer may appear in person or be represented by another lawyer. The Disciplinary Board may require his personal appearance, and if he fails to appear after having been summoned twice, the Board may issue a default decision.

      Article 33 : The decision of the Disciplinary Board shall be issued after the prosecution and lawyer's defense have been heard. The reasoning for such decision must be stated. The decision and the reasoning thereof shall be read out in full in a closed session. The Ministry of Justice shall, within fifteen days from the effective date of the final decision, notify the courts of law, the Board of Grievances and the competent authorities of that decision. Such decisions shall be kept in a special register. In all cases, disciplinary actions shall be communicated by a member of the Disciplinary Board. Delivery of a copy of the decision to the lawyer concerned in an official manner shall be treated as adequate notice. When the decision has become final, whether it be striking off the lawyer's name from the list or suspension of his practice, only the decision thereof shall be published, at the lawyer's expense, in one or more of the papers issued in the locality of the lawyer's place of business. Should there be no paper in that locality, it shall be published in a paper in the nearest locality.

      Article 34 : After having been notified or provided with a copy of a default decision, the lawyer concerned shall have fifteen days to appeal. The appeal shall be addressed to the Chairman of the Disciplinary Board, either by the lawyer concerned or through his representative.

      Article 35 : Upon suspending a lawyer from practicing law, his name shall be transferred from the list of practicing lawyers to the list of non-practicing lawyers. A suspended lawyer shall not be entitled to conduct his practice throughout the duration of suspension, failing which his name may be struck off the lawyers' list and his license may be revoked. The Minister of Justice may, pursuant to a recommendation by the committee provided for in Article 5 hereof, issue instructions relating to pending cases that were being handled by suspended lawyers.

      Article 36 : A lawyer whose name has been struck off the list pursuant to a decision issued by a disciplinary board may, after three years from the effective date of that decision, apply to the Lawyers Registration and Admission Committee to reinstate his name.

      Article 37 : A term of imprisonment not exceeding one year and a minimum fine of SR30,000, or both, may be imposed on:

      A person who holds himself out as a lawyer or practices law in violation of the provisions of this Code.

      A lawyer who practices law after his name has been struck off the list. These forms of punishments shall be imposed by a competent court.

      PART FOUR
      GENERAL AND TRANSITIONAL PROVISIONS

      Article 38 : Saudi lawyers and consultants who hold valid licenses issued by the Ministry of Justice or the Ministry of Commerce pursuant to the regulations that were then in force may continue their practice, provided that they shall, within five years from the effective date hereof, file applications to the Lawyers Registration and Admission Committee referred to in Article 5 hereof for registration. This commission shall have their names registered on the list and provide them with new licenses pursuant to the provisions of this Code. The competent authority that had previously issued these licenses shall send to the said committee all the papers and other documents pursuant to which these licenses were issued. However, the Minister of Justice may extend the period herein specified to a maximum not exceeding five years for Saudi lawyers who are holding such licenses as long as they satisfy the requirements provided for in Article 3 herein, excluding the qualification requirement referred to in paragraph (b) of the said article, provided they pay the renewal fees referred to in Article 7 hereof.

      Article 39 : Subject to the stipulations of paragraph (a) of Article 3 hereof, non-Saudis who hold valid licenses that have been issued prior to the implementation of the Council of Ministers Resolution No. 116, dated 12/7/1400H, may continue to practice as consultants, but only on a temporary basis, subject to the following conditions:

      A non-Saudi shall carry out his practice on a full time basis.

      He shall not litigate before courts of law, the Board of Grievances, or the committees referred to in Article 1 hereof; and the competent authorities shall not allow him to litigate.

      He shall reside in the Kingdom for a minimum period of nine months a year.

      He shall satisfy the requirements for registration, excluding citizenship.

      Copies of his qualifications and his old license shall be filed with the Ministry of Justice within six months of the date of implementation of this Code.

      The Ministry of Justice shall prepare a special register for licensed non-Saudis, and shall provide them with temporary permits. The Minister of Justice shall determine the particulars to be entered in this register and in the license. He shall also specify the duration and expiry date of such license. A license shall be deemed terminated by force of law should any of the requirements mentioned herein be lacking.

      Article 40 : A lawyer licensed pursuant to Article 39 may have his own practice or may enter into partnership with a Saudi lawyer. Such lawyer shall not be entitled to seek the assistance of a non-Saudi lawyer, whether he be a sole practitioner or partnership.

      Article 41 : A Saudi lawyer and any lawyer holding a license pursuant to paragraph (a) of Article 3 hereof may be assisted in his practice, where necessary, by one or more non-Saudi lawyers pursuant to an employment agreement, under his responsibility and supervision, subject to the following conditions:

      The licensed lawyer shall attend to his practice regularly and shall sign all correspondence issued by his firm in connection with the relevant cases. However, he may delegate his authority to any of the Saudi lawyers or to any other lawyer who is licensed pursuant to paragraph (a) of Article 3 hereof.

      A non-Saudi lawyer shall satisfy the requirements for registration, excluding citizenship, and shall have a minimum of five years of practical experience.

      His practice shall be restricted to providing assistance and the preparation of submissions in the name of the lawyer who is holding the license. He shall not represent third parties before courts of law, the Board of Grievances, or the committees referred to in Article 1 hereof.

      Article 42 : The Minister of Justice shall issue the implementing regulations for this Code, and these regulations shall be published in the Official Gazette. He shall also issue any decisions necessary for such implementation.

      Article 43 : This Code shall be published in the Official Gazette and shall come into force ninety days thereafter. It shall supersede any rules that are inconsistent therewith.

      7.28.2011

      EXEMPTIONS OF MINIMUM WORKING HOURS IN SAUDI ARABIA - SAUDI LABOR LAW

      Normally in Saudi Arabia, the duration of work of an employee shall not exceed more than eight hours a day if the employer uses the daily work criterion or not more than forty-eight hours a week if he uses the weekly criterion. Any hours beyond this, the employer shall pay the worker overtime working hours an additional amount equal to the hourly wage plus 50 % of his basic wage as per Article 107 (1) of the Saudi Labor law. If the firm operated on the basis of weekly working hours, the hours in excess of the hours taken as the criterion shall be deemed overtime hours. All working hours performed during holidays and Eids shall be deemed overtime hours.

      Working hours and rest periods during the day shall be scheduled so that no worker shall work for more than five consecutive hours without a break of no less than thirty minutes each time during the total working hours for rest, prayer and meals, provided that a worker shall not remain at the workplace for more than eleven hours a day. Friday shall be the weekly rest day for all workers. After proper notification of the competent labor office, the employer may replace this day for some of his workers by any other day of the week. The employer shall allow the workers to perform their religious obligations. The weekly rest day may not be compensated by cash.

      As per Article 98, during the month of Ramadan, the actual working hours for Muslim employees shall be reduced to a maximum of six hours a day or thirty-six hours a week.

      But under some circumstances, the employer may not be compelled to comply the above mentioned provisions of the Labor law. i.e., (1). Annual inventory activities, preparation of the budget, liquidation, closing of accounts and preparations for discount and seasonal sales, provided that the number of days during which the workers work shall not exceed thirty days a year. (2).If the work is intended to prevent a hazardous accident, remedy its impact or avoid an imminent loss of perishable materials. (3). If the work is intended to meet unusual work pressure. (4). Eids, other seasons, occasions and seasonal activities specified pursuant to a decision by the Minister. In all of these cases, the actual working hours shall not exceed ten hours a day or sixty hours a week.