Blog – Page 13

The Minister of Transport and Logistics Services,

based on the powers entrusted to him by law,

after perusal of the Law on Public Transport on Roads of the Kingdom of Saudi Arabia issued by Royal Decree D/25 dated 21 Jumada Al-Thani 1397 [17 June 2074],

after perusal of the System of the Transport General Authority issued by Council of Ministers Decision 323 dated 14 Ramadan 1434 [22 July 2013] and its amendments,

after perusal of the Regulation Governing the Activity of Taxi, Taxi Broker, and Car E-hailing issued by Decision 13/41/1 dated 27 Muharram 1441 [27 September 2019],

after perusal of the Minister of Transport and Logistics Services Decision 1130 dated 30 Rabi Al-Thani 1445 [14 November 2023],

after perusal of Board of Directors of the Transport General Authority Decision 6/8/2023/3 dated 19 Dhu Al-Qa’dah 1444 [8 June 2023],

and after perusal of the Chairman of the Transport General Authority Decision 170/41/1 dated 1 Rajab 1441 [25 February 2020],

and in pursuance of public interest,

hereby decides

First

As an exception to Decision 1130 dated 30 Rabi Al-Thani 1445 [14 November 2023], establishments licensed in public rental activity in each of the following cities (Riyadh, Jeddah, and Dammam) are hereby permitted the following:

1. The possibility for establishments licensed in the activity that have not completed the minimum necessary to practise the activity to add cars, provided that the number of cars in the establishment does not exceed the minimum necessary to practise the activity.

2. The possibility for establishments licensed in the activity to replace vehicles that have exited the activity due to the end of their operational life by the end of 2023 and beyond, or to replace vehicles whose operational life has not expired operating in the activity and for which an operating card (valid/expired) has been issued with new vehicles.

Second

This decision must be published in the official gazette, and comes into force on the date of publication.

Third

The Acting President of the General Authority for Transport must take the necessary measures to implement the decision.

May Allah provide success.

Minister of Transport and Logistics Services
Saleh bin Nasser Al-Jasser

Issued on: 4 Muharram 1446
Corresponding to: 10 July 2024

Published in Umm Al-Qura 5040 issued on 26 July 2024.

Arabic

The Council of Ministers

after perusal of Royal Court File 85921 dated 28 Dhu Al Qa’dah 1445 [5 June 2024], regarding the Strategy of Reforming the Pension Laws in the Kingdom and the Draft Social Insurance Law,

after perusal of the aforementioned draft law,

after perusal of the Civil Pension Law issued by Royal Decree D/41 dated 29 Rajab 1393 [27 August 1973],

after perusal of the Social Insurance Law issued by Royal Decree D/33 dated 3 Ramadan 1421 [29 November 2000],

after perusal of Memorandums 2160 dated 28 Dhu Al-Hijja 1442 [7 August 2021], 1659 dated 23 Dhu Al-Hijja 1443 [22 July 2022], 3421 dated 26 Dhu Al-Hijja 1445 [3 June 2024], and Minutes 212 dated 20 Dhu Al-Hijja 1445 [28 May 2024] prepared by the Bureau of Experts at the Council of Ministers,

after perusal of the Council of Economic and Development Affairs Minutes 1984/45/M dated 16 Shawwal 1445 [25 April 2024],

after considering Shura Council Decision 383/36 dated 26 Dhu Al-Qa’dah 1445 [2 June 2024],

and after perusal of the General Committee of the Council of Ministers Recommendation 13192 dated 24 Dhu Al-Hijja 1445 [1 June 2024],

hereby decides

First

The Social Insurance Law is hereby approved in the form attached.

Second

The provisions of the law referred to in clause First of this decision do not apply to the following two categories:

1. Contributors who have contribution periods prior to the entry into force of the law for which they have not been compensated.

The periods of contribution in the field of the implementation of paragraph 1 of this clause mean the periods of contribution calculated in accordance with the provisions of the Civil Pension Law issued by Royal Decree D/41 dated 29 Rajab 1393 [27 August 1973], or the Social Insurance Law issued by Royal Decree D/33 dated 3 Ramadan 1421 [29 November 2000], or both of them.

This extends to the periods deemed as served in one of these two laws.

2. Owners of pensions due to contributors in accordance with the provisions of the Civil Pension Law or the Social Insurance Law before the entry into force of the law referred to in clause First of this decision.

Third

The application of the law—referred to in clause First of this decision—to those covered by its provisions must be as follows:

1. The contribution percentages of the branch of pensions stipulated in article 15 of the law are applied gradually until they reach 22% of the wage or salary subject to contribution, as follows:

(a) Contributions are determined within twelve months from the effective date of the law at a rate of 18%.

(b) Contributions are determined from the month following the lapse of twelve months from the effective date of the law at a rate of 19%.

(c) Contributions are determined from the month following the lapse of twenty-four months from the effective date of the law at a rate of 20%.

(d) Contributions are determined from the month following the lapse of thirty-six months from the effective date of the law at a rate of 21%.

(e) Contributions are determined from the month following the lapse of forty-eight months from the effective date of the law at a rate of 22%.

2. The employer bears 50% and the contributor bears 50% of the contributions referred to in paragraph 1 of this clause, in respect of compulsory contributions.

3. The provisions stipulated in paragraph 1 of this clause apply to a contribution made on an optional basis, provided that it is borne in full by the contributor.

4. A decision by the Council of Ministers—based on a proposal of the Board of Directors of the General Organization for Social Insurance—determines the date of application of the provisions of the branch of occupational hazards and additional compensation to employees. In the event that the employee dies or is dismissed from work—during the period following the entire into force of the law and preceding the date specified in the aforementioned decision of the Council of Ministers—due to his inability to work definitively and the death or disability resulted from work and during the performance of work, his entitlement is determined in accordance with the provisions of article 21 of the Civil Pension Law, and without prejudice to the proving of his disability by the medical committees of the General Organization for Social Insurance stipulated in article 50 of the law referred to in clause First of this decision.

5. The period of contribution referred to in paragraph 2 of article 16 of the law is 180 months.

6. In the application of the provisions of paragraph 2 of article 44 of the law, contributions to the branch of unemployment insurance are determined on the effective date of the law at a rate of 1.5% of the wage subject to contribution, to be borne by the employer and the contributor at a rate of 50% each.

7. Without prejudice to the provisions of the preceding paragraphs of this clause, the application of the branches of social insurance stipulated in article 3 of the law, referred to in clause First of this decision, must be in stages determined by a decision by the board of directors of the General Organization for Social Insurance.

Fourth

The provisions contained in the Social Insurance Law issued by Royal Decree D/33 dated 3 Ramadan 1421 [29 November 2000], the Civil Pension Law issued by Royal Decree D/41 dated 29 Rajab 1393 [27 August 1973], and the Unemployment Insurance Law issued by Royal Decree D/18 dated 12 Rabi al-Awwal 1435 [13 January 2014] continue to apply to the two categories referred to in clause Second of this decision.

Fifth

As an exception to the provision of clause Fourth of this decision, contributors—with regard to pensions—who have contribution periods prior to the entry into force of the law—referred to in clause First of this decision—who have not been compensated for these periods, have not reached 240 months, and have not reached 50 Hijri years on the effective date of the law, will be treated as follows:

1. The contributor who has not reached the age of twenty-nine Gregorian years on the effective date of the law, has a legal age for entitlement to a pension of sixty-five Gregorian years.

2. The contributor who reaches the age of twenty-nine Gregorian years or more on the effective date of the law, has a legal age for entitlement to a pension in accordance with the following table:

Age in accordance with the Gregorian calendar on the effective date of the law	Legal age in accordance with the Gregorian calendar for the purpose of obtaining a pension
Twenty-nine years and over, and less than thirty years	Sixty-four years and eight months
Thirty years and over, and less than thirty-one years	Sixty-four years and four months
Thirty-one years and over, and less than thirty-two years	Sixty-four years
Thirty-two years and over, and less than thirty-three years	Sixty-three years and eight months
Thirty-three years and over, and less than thirty-four years	Sixty-three years and four months
Thirty-four years and over, and less than thirty-five years	Sixty-three years
Thirty-five years and over, and less than thirty-six years	Sixty-two years and eight months
Thirty-six years and over, and less than thirty-seven years	Sixty-two years and four months
Thirty-seven years and over, and less than thirty-eight years	Sixty-two years
Thirty-eight years and over, and less than thirty-nine years	Sixty-one years and eight months
Thirty-nine years and over, and less than forty years	Sixty-one years and four months
Forty years and over, and less than forty-one years	Sixty-one years
Forty-one years and over, and less than forty-two years	Sixty years and eight months
Forty-two years and over, and less than forty-three years	Sixty years and four months
Forty-three years and over, and less than forty-four years	Sixty years
Forty-four years and over, and less than forty-five years	Fifty-nine years and eight months
Forty-five years and over, and less than forty-six years	Fifty-nine years and four months
Forty-six years and over, and less than forty-seven years	Fifty-nine years
Forty-seven years and over, and less than forty-eight years	Fifty-eight years and eight months
Forty-eight years and over, and less than forty-eight years and six months	Fifty-eight years and four months

3. The contributor whose contribution periods have not reached on the effective date of the law—referred to in clause First of this decision—180 months, is entitled to a pension before reaching the legal age if his contribution periods reach 360 subscription months.

4. The contributor whose contribution periods have reached the effective date of the law—referred to in clause First of this decision—180 months or more, is entitled to obtain a pension before reaching the legal age in accordance with the following table:

Contribution periods upon entry into force of the law	Eligible contribution periods for pension entitlement
From 180 months to 191 months	348 months
From 192 months to 203 months	336 months
From 204 months to 215 months	324 months
From 216 months to 227 months	312 months
From 228 months to 239 months	300 (months)

5. Subject to the provisions of paragraphs 1, 2, 3, and 4 of this clause, the contribution periods that have not been compensated for are treated in accordance with the provisions of the Civil Pension Law and Social Insurance Law referred to in clause Fourth of this decision.

For the purposes of applying this clause, the contributor who reaches the age of forty-eight years and six months in accordance with the Gregorian calendar is deemed to have reached the age of fifty Hijri years.

Sixth

As an exception to the provision of clause Fourth of this decision, the application of the provisions of the branch of occupational hazards contained in the Social Insurance Law referred to in clause Fourth of this decision is as follows:

1. Applying the maternity compensation stipulated in articles 41 and 42 of the law—referred to in clause First of this decision—to the contributors subject to the provisions of the branch of occupational hazards of the Social Insurance Law referred to in clause Fourth of this decision, taking into account that the calculation of the eligible contribution period for the entitlement begins from the effective date of the law referred to in clause First of this decision.

2. Cancelling the maximum limit for the amount of lump sum compensation in the cases of total and partial disability stipulated in articles 32 and 36 of the Social Insurance Law referred to in clause Fourth of this decision.

3. The age after which the lump sum compensation mentioned in article 32 of the Social Insurance Law—referred to in clause Fourth of this decision—must be reduced is in accordance with the sameage mentioned in paragraph3 of article 35 of the law referred to in clause First of this decision.

Seventh

The Board of Directors of the General Organization for Social Insurance may develop optional savings programs—in coordination with the relevant entities—for the contributors to whom the provisions of the Civil Pension Law and Social Insurance Law referred to in clause Fourth of this decision apply.

Eighth

The Board of Directors of the General Organization for Social Insurance may add benefits for the contributor whose contribution period exceeds 100% of the salary or the average wages on which the pension is calculated in accordance with the provisions of article 19 of the Civil Pension Law and article 38 of the Social Insurance Law referred to in clause Fourth of this decision.

Ninth

The Board of Directors of the General Organization for Social Insurance may merge the accounts of the branches of the Social Insurance Law and Unemployment Insurance Law and the account of the Civil Pension Law Fund—referred to in clause Fourth of this decision—or some of them as it deems appropriate.

Tenth

Clauses Fifth, Sixth, Seventh, Eighth, and Ninth of this decision are effective from the effective date of the law referred to in clause First of this decision.

A draft royal decree has been prepared with clauses First, Second, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth, and paragraphs1 ,2 ,3 , 4, and 7 of clause Third of this decision, in the form attached to this.

Eleventh

A committee is hereby formed in the Ministry of Human Resources and Social Development, with the participation of the Ministry of Finance, the Ministry of Economy and Planning, and the General Organization for Social Insurance, to review the laws, regulations, orders, royal decrees, and decisions that are affected by the issuance of the law—referred to in clause First of this decision—and the clauses mentioned above, in particular the following:

1. Provisions stipulated in other laws regarding the retirement age.

2. The provisions contained in the Civil Pension Law, the Social Insurance Law, and the Law on the Exchange of Benefits between the Civil and Military Pension Laws, and the Social Insurance Law.

3. Maternity and childbirth leaves provided in the Labour Law issued by Royal Decree D/51 dated 23 Sha’ban 1426 [27 September 2005], and the Executive Regulation for Human Resources in the Civil Service issued by the Minister of Human Resources and Social Development Decision 1550 dated 9 Jumada al-Thani 1440 [14 February 2019].

4. Harmonizing the Civil Pension Law and Social Insurance Law with the provisions stipulated in the preceding clauses and the law referred to in clause First of this decision.

Submitting matters that need to be amended in accordance with the established legal procedures within a period of ninety days from the date of this decision.

The Prime Minister

Issued on: 26 Dhu Al-Hijja 1445
Corresponding to: 2 July 2024

Published in Umm Al-Qura 5038 issued on 13 July 2024.