The Challenges of Telework in Saudi Arabia: A Comparative Analysis of Legal Rights and Responsibilities

Abstract

Teleworking was approved by the Minister of Human Resources and Social Development of Saudi Arabia as a pattern of employment in 2016. However, the options for “Official Telework” were limited until the Covid-19 crisis. Then the need to shift to telework became apparent, as did the need for digital transformation to allow for the transfer and exchange of information using technology. More workers in the private sector resorted to telework because of its flexibility, as well as its advantages for employers. The Covid-19 pandemic highlighted many flaws and cracks in employment laws and policies. However, the standing of telework in Saudi Labor Law remains unclear in theory as well as in practice. In the absence of laws regulating this type of work, companies resort to de facto action and the drawing up of internal policies to regulate telework. This dissertation highlights the fact that Saudi labor law does not cover telework in sufficient detail. It provides a comparative analysis of Saudi Labor Law, American employment laws, and relevant employment laws in European countries. The analysis is supported by judicial rulings. The dissertation looks at the legal challenges that may be raised by teleworking in the Kingdom of Saudi Arabia (KSA) and puts forward potential solutions to the problems raised.