Introduction

The significance of seasonal employment contracts in Saudi Arabia is closely tied to the Hajj pilgrimage, necessitating the issuance of a vast number of seasonal work visas annually. Consequently, a specific regulation has been dedicated to govern these contracts, in addition to certain provisions outlined in the Saudi Labor Law. Given the unique nature of seasonal work contracts, they are not subjected to all the labor law rules but have tailored provisions that align with their specific requirements.

The Ministry of Labor and Social Development gears up for the Hajj season by launching the "Tamam Al-Hajj" program. This initiative aims to monitor seasonal workers, ensuring their adherence to their designated roles, sharing information about companies and institutions whose recruits fail to comply, and addressing violations related to the sale of seasonal work visas. These efforts are in line with the regulatory framework for temporary and seasonal work visas established by Cabinet Decision No. 497 dated 16/11/1436 AH.

Fee and Fines

The Ministry issues seasonal work visas for a fee of SAR 1,000. According to Article 6 of the regulation, the visa's validity extends to a maximum of four months, with no options for extension or conversion to a permanent work visa. Seasonal work visa holders are not permitted to perform Hajj. The regulation specifies that entry into the Kingdom for visa holders begins on the first day of Shawwal, with the last entry day being the end of Dhul-Qi'dah, ensuring that the stay does not exceed the end of Muharram following the Hajj season. Employers, or their representatives, are mandated to present a signed employment contract to the Kingdom's consulates abroad as part of the visa application process for seasonal workers, facing fines up to SAR 5,000 for non-compliance. Additionally, employers must provide their permanent or seasonal/temporary work address, with penalties up to SAR 8,000 for inaccurate information. Visa issuance is contingent upon endorsement letters from the supervising entity or project. Embassies mark the seasonal work visa as "Not valid for Hajj" in Arabic or English for non-Arabic speaking countries

The Ministry tackles the issue of seasonal work visas being sold abroad for financial gain. To combat this, the regulation requires a security deposit of SAR 2,000 per worker to the Ministry of Labor, refundable upon the seasonal worker's return. Penalties for selling temporary or seasonal work visas range between SAR 5,000 and SAR 15,000, escalating with the number of visas sold, alongside the recovery of all proceeds from such violations and a five-year ban from participating in temporary or seasonal work tenders.

How to?

A dedicated committee within the Ministry reviews violations, recommending penalties as per the regulation, with the Minister of Labor endorsing their recommendations. Appeals against these decisions can be made at the Board of Grievances. Labor courts handle disputes arising from seasonal work contracts, including employer and worker obligations, dignity and religious respect, illegal substance prohibition, and the handling and return of employer-owned materials and documents. These courts also adjudicate on disciplinary actions, working hours, rest periods, overtime, public holidays, health and safety standards, work injuries, and compensation.

Furthermore, the Ministry sets conditions for recruiting seasonal workers, including valid business licenses and National Address registration. Recruitment requests are not accepted if a previous application is still under review, and the entity must be in the "Green" zone or higher, without seasonal visas affecting this status. Essential documents for recruitment include the application form, activity endorsement, commercial registration, Chamber of Commerce membership, municipal license, and a letter from the Ministry of Finance.

Given the short-term nature of seasonal work contracts, limited to four months, and the government's strict enforcement of this duration without extensions, there is a clear commitment to maintaining stability in Saudi Arabia's labor market. This stability, in turn, significantly impacts the overall economy, reflecting the government's broader economic and labor market strategies.

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