Categories
Ministerial Decision

Transport General Authority: Decision 1/914 Permitting Replacing and Adding Cars to the Activity of General Taxis

Arabic

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.

Categories
Ministerial Decision

State Properties General Authority: Decision D/1/22/2024 The Controls for Allocating State Real Estate and its Recovery

Arabic Auto Translate

Issued on: 2 Muharram 1446
Corresponding to: 9 July 2024

Published in Umm Al-Qura 5050 issued on 4 October 2024.

Categories
Council of Ministers Decision

Council of Ministers: Decision 15 Approving a Memorandum of Understanding between the Governments of Saudi and Singapore for Cooperation in the Field of Human Capital Growth and Leadership Development in the Public Sector in Both Countries

Arabic Auto Translate

Issued on: 3 Muharram 1446
Corresponding to: 9 July 2024

Published in Umm Al-Qura 5041 issued on 2 August 2024.

Categories
Ministerial Decision

Royal Commission for Al-Ula: Decision 451843 Approving the Work Rules of the Committees for Considering Violations within the Geographical Scope of the Royal Commission for Al-Ula

Arabic Auto Translate

Issued on: 25 Dhu Al-Hijja 1445
Corresponding to: 2 July 2024

Published in Umm Al-Qura 5042 issued on 9 August 2024.

Categories
Laws and Regulations

Work Rules of the Committees for Considering Violations of the Laws in the Geographical Scope of the Royal Commission for Al-Ula

Arabic Auto Translate

Issued by …

Published in Umm Al-Qura 5042 issued on 9 August 2024.

Categories
Council of Ministers Decision

Council of Ministers: Decision 1036 Approving the Renewal of the National Social Development Program in the Region for Seven Years

Arabic

after perusal of Royal Court File 32546 dated 1 Jumada Al-Awwal 1445 [14 November 2023], which includes Minister of Interior Telegram 117763 dated 28 Rabi Al-Thani 1445 [12 November 2023], regarding the request of the Ministry of Interior to approve the renewal of the term of the National Social Development Program in the Region for Seven Years,

after perusal of the organisational arrangements for the National Social Development Program in the Areas issued by Council of Ministers Decision 88 dated 7 Safar 1440 [18 October 2018],

after perusal of Bureau of Experts at the Council of Ministers Memorandum 2067 dated 22 Sha’ban 1445 [3 March 2024],

after perusal of Council of Economic and Development Affairs Recommendation 4-12/45/R dated 16 Shawwal 1445 [25 April 2024],

and after perusal of the General Committee of the Council of Ministers Recommendation 11710 dated 11 Dhu Al-Qa’dah 1445 [19 May 2024],

hereby decides

The renewal of the National Social Development Program in the Region for Seven Years starting from the end of its term stipulated in article 13 of its organisational arrangements is hereby approved by Council of Ministers Decision 88 dated 7 Safar 1440 [18 October 2018]

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.

Categories
Council of Ministers Decision

Council of Ministers: Decision 1022 Approving the Social Insurance Law

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.

Categories
Royal Decree

Royal Decree D/3/21 Approving the Social Insurance Law

Arabic

With the help of Allah the Almighty

We, Salman bin Abdulaziz Al-Saud,

the King of the Kingdom of Saudi Arabia,

based on article 70 of the Basic Law of Governance issued by Royal Order O/90 dated 27 Sha’ban 1412 [2 March 1992],

based on article 20 of the Law of the Council of Ministers issued by Royal Order O/13 dated 3 Rabi Al-Awwal 1414 [21 August 1993],

based on article 18 of the Law of the Shura Council issued by Royal Order O/91 dated 27 Rajab 1412 [1 February 1992],

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

and after perusal of Council of Ministers Decision 1022 dated 26 Dhu Al-Hijja 1445 [3 June 2024],

have decreed as follows

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 decree 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 decree.

Third

The application of the law—referred to in clause First of this decree—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 a voluntary 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 entry 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 decree.

5. 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 decree.

Fifth

As an exception to the provision of clause Fourth of this decree, 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 decree—who have not been compensated for them, 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 decree—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 decree—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 decree.

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 decree, the application of the provisions of the branch of occupational hazards contained in the Social Insurance Law referred to in clause Fourth of this decree is as follows:

1. Applying the maternity compensation stipulated in articles 41 and 42 of the law—referred to in clause First of this decree—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 decree, 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 decree.

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 decree.

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 decree—must be reduced is in accordance with the same age mentioned in paragraph 3 of article 35 of the law referred to in clause First of this decree.

Seventh

The Board of Directors of the General Organization for Social Insurance may develop voluntary 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 decree apply.

Eighth

The Board of Directors of the General Organization for Social Insurance may add privileges 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 decree.

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 decree—or some of them as it deems appropriate.

Tenth

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

Eleventh

His Royal Highness the Prime Minister, the ministers, and the heads of independent concerned authorities—each within their area of competence—shall implement this decree of Ours.

Salman bin Abdulaziz Al-Saud

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

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

Categories
Laws and Regulations

The Social Insurance Law

Arabic

Issued by Royal Decree D/3/21 Approving the Social Insurance Law

Part One General
Provisions

Article 1

The following phrases and terms—wherever they appear in this law—have the meanings assigned to each of them, unless the context requires otherwise:

Law: The Social Insurance Law.

Regulation: The executive regulation of the law.

Organization: The General Organization for Social Insurance.

Board of directors: The board of directors of the organization.

Minister: The Minister of Finance.

Governor: The governor of the organization.

Employer: Every natural or legal person who employs one or more workers or employees in return for a wage or salary.

Employee: Every natural person who occupies a public civil office in the state or performs its functions, regardless of the nature of his work or the name of his office in return for a salary.

Worker: Every natural person who works for an employer and under his management or supervision in return for a wage.

Contributor: Anyone who is subject to any of the branches of social insurance, savings programs, or insurance products.

Compensation: The benefits provided by each branch of social insurance, savings programs, or insurance products to the contributor, whether those benefits are monetary or non-monetary.

Competent medical committee: The medical committees stipulated in article 50 of the law.

Insurance products: Any product that ensures the achievement of insurance protection for certain categories of specific risks in accordance with the provisions specified for it.

Article 2

In the application of the provisions of the law, a year and month means time units in accordance with the Gregorian calendar.

Article 3

The law includes the following branches of social insurance:

1․ Branch of pensions.

2․ Branch of occupational hazards and additional compensation.

3․ Branch of unemployment insurance.

Article 4

The board of directors may introduce voluntary savings programs in coordination with the relevant entities, in accordance with the provisions specified by the regulation.

Article 5

It is permitted by a decision by the Council of Ministers—based on a proposal by the board of directors—to introduce compulsory insurance products for any of the categories shown below, and the decision must specify the necessary provisions for this:

(a) Saudis—other than workers—who engage in independent works, activities, or professions.

(b) Non-Saudi workers, in matters not stipulated in the provisions of article 6 of the law and the provisions of the branch of occupational hazards and additional compensation.

Article 6

The following categories are subject to the provisions of the branches of social insurance as decided by the board of directors and in accordance with the provisions specified by the regulation:

1․ Workers who work in foreign international diplomatic, political, or military missions.

2․ Workers who work in agricultural, forestry, or grazing works.

3․ Seafaring workers, including sea fishermen.

4․ Domestic workers.

5․ Non-Saudi workers who come to the Kingdom on a temporary or seasonal work visa for a period not exceeding sixty days.

6․ Handcraft workers (workers who work in their homes).

7․ Players and coaches of clubs and sports federations.

Article 7

The regulation must specify the following:

(a) The method of contributions in the branches of social insurance for both employers and contributors subject to the law.

(b) A grace period for employers to contribute for contributors who meet the conditions for being subject to any of the branches of social insurance, and a period for employers to exclude contributors who no longer meet those conditions.

(c) A period for the contributor to request to register in the branches of social insurance if he meets the conditions for being subject to any of the branches of social insurance, and a period for requesting his removal from the branches of social insurance if he no longer meets those conditions, if the employer refuses or fails to carry out the registration or removal.

(d) Provisions relating to contributions and exclusion after the lapse of the periods specified for both employers and contributors.

Article 8

1․ Contributions for each branch of social insurance are calculated on the basis of the basic wage or salary, and the regulation is permitted to add any other elements and allowances received by the contributor, provided that the contributions calculated on the basis of them are not less than the minimum wages or salaries specified by the competent entity. The regulation must specify the standard on which contributions are calculated for contributors on a voluntary basis. The regulation must also specify the method of calculating those contributions.

2․ The maximum wage or salary subject to contribution is 45,000 (forty-five thousand) Riyals per month.

3․ It is permitted by a decision by the Council of Ministers—based on the proposal of the board of directors in accordance with the review of the levels of wages and salaries and the results of actuarial studies to amend the maximum wage or salary subject to the contribution stipulated in paragraph 2 of this article.

4․ The employer shall submit to the organization—in the manner it specifies—details on wages or salaries subject to contribution, within the period specified by the regulation.

Article 9

1․ The employer shall pay the full amounts of contributions due from him and from the contributor within the period specified by the regulation, and he is solely responsible towards the organization for paying them. In return, the employer may deduct from the wage or salary of the contributor the contribution he owes every time he pays him his wage or salary.

2․ The voluntary contributor shall pay the full amount of contributions due from him within the period specified by the regulation.

3․ If the employer or the—voluntary—contributor fails to pay the amounts of contributions within the period specified in the regulation, a fine of 2% of the contribution due for each month of delay or part of it will be imposed on him. The regulation must specify the cases in which it is possible to exempt all or part of the fines.

4․ The contribution periods eligible for the benefit are the periods for which the contributions due are paid. The calculation of the contribution periods is suspended in the event that the unpaid contribution periods reach the periods specified by the board of directors, provided that they are not less than 6 months, unless an event occurs making it impossible for the establishment to pay the contributions, whichever is earlier.

The regulation must specify the rules and mechanisms necessary for the implementation of this paragraph.

The regulation must specify the method of paying the contributions and the fines due.

Article 10

Government entities, public establishments and authorities, and companies owned by the state, or companies in which the state owns more than 50% of its capital, shall request the employer with whom it deals to submit a certificate issued by the organization proving that its establishment is registered with it, that it has fulfilled all its obligations towards it, or that it is not subject to the provisions of the law, including any of the following cases:

(a) Applying to receive his dues.

(b) Submitting an offer to enter into a competition for the execution of any public works, supply, operation, maintenance, or other projects.

(c) Submitting an application to amend, renew, or cancel its commercial registration.

(d) Applying to receive the subsidy prescribed for him by the state.

(e) Considering the liquidation of his establishment.

(f) Applying for a licence for any project or when renewing this licence.

(g) Submitting an application to recruit workers from abroad.

The regulation must specify the provisions necessary for the implementation of this article.

Article 11

1․ That the contributions and fine amounts imposed for delay are guaranteed by a privilege right in favor of the organization, whose order immediately follows the privilege of collecting wages.

2․ The organization may—in accordance with the judicial and legal procedures followed—make a seizure and compulsory enforcement through the competent entities of any property owned by the employer or due to him, with the intention of collecting the amounts due to it, whenever the schedules of these amounts are officially certified by the minister or his representative.

Article 12

Each branch of social insurance, each savings program, and each insurance product must be allocated its own account, and the board of directors may merge the accounts of the branches or some of them as it deems appropriate.

Article 13

1․ The organization shall, at least once every three years, conduct a detailed actuarial study of each branch of social insurance, each savings program, and each insurance product. The study must include an estimate of the obligations of each branch, savings program, and insurance product, whether existing or future, and the extent to which the specific compensation of the branch, program, and product is balanced with their future obligations. The board of directors shall submit the results of the study to the Council of Ministers along with its recommendations.

2․ The state shall—after the approval of the Council of Ministers based on a proposal by the board of directors—pay the actual deficit in the event that no sufficient assets are available to cover the compensation of branches of social insurance and insurance products.

Part Two: Branch of Pensions
Article 14

1․ The branch of pensions must be applied mandatorily to the following categories:

(a) All Saudi employees.

(b) All Saudi workers who work inside or outside the Kingdom or abroad for an employer whose headquarters is inside the Kingdom.

2․ It is required for paragraph 1 of this article to be applied that the age of the worker or employee at the beginning of the application of the law to him is below the legal age of entitlement.

3․ The branch of pensions is applied voluntarily to Saudi workers who work outside the Kingdom without being linked to an employment relationship with an employer whose headquarters is inside the Kingdom.

The regulation must specify the provisions necessary for the implementation of this article.

Article 15

1․ The contribution to the branch of pensions is at a percentage of 22% of the wage or salary subject to contribution, so that the employer bears 11% and the contributor bears 11%.

2․ The contribution of the branch of pensions for voluntary contributors is determined at a percentage of 22% of the wage subject to contribution, to be borne in full by the contributor.

3․ It is permitted by a decision by the Council of Ministers—on the basis of a proposal of the board of directors based on an actuarial study—to amend the contribution percentages stipulated in paragraphs 1 and 2 of this article.

Article 16

1․ The legal age of entitlement for the purpose of applying the provisions of the law means the age of sixty-five.

2․ The contributor is entitled to a pension if he reaches the legal age of entitlement, and the period of his contribution is not less than the period specified by a decision by the Council of Ministers based on the proposal of the board of directors.

3․ Subject to the provisions of article 17(3) of the law, the contributor is entitled to a pension before he reaches the legal age of entitlement as long as it does not exceed 120 months in the event that he ceases to work subject to the provisions of the law and his contribution period is at least 360 months.

Article 17

1․ The pension stipulated in article 16 is calculated by multiplying 2.25% of the average wage or salary subject to the contribution specified in accordance with the provisions of article 26(1) by the number of months of contribution and dividing the output by 12, provided that the pension does not exceed 100% of that average. The board of directors may add privileges for the contributor whose contribution period exceeds that average.

2․ The pension calculated in accordance with the provisions of paragraph 1 of this article must take into account the following:

(a) The minimum pension due to the contributor whose contribution period is 480 months is 4,000 Riyals per month.

(b) In the event that the contribution period is less than 480 months, the limit mentioned in subparagraph (a) of this paragraph must be subtracted from every 12 months contribution period—and each month in proportion to that—that is less than that period, taking into account that the minimum pension for those whose contribution period has reached the qualifying period for the pension stipulated in article 16(2) of the law is 2,000 Riyals per month.

(c) It is permitted by a decision by the Council of Ministers—on the basis of the proposal of the board of directors based on an actuarial study—to amend the minimum pension mentioned in subparagraphs (a) and(b) of this paragraph.

3․ In the event that the contributor is entitled to a pension in accordance with the provisions of article 16(3), the pension stipulated in paragraph 1 of this article is reduced by 3% for every 12 months—and each month in proportion to that—preceding the legal age of entitlement or in which the period of his contribution is less than 480 months—whichever is less—with the continuation of this percentage for the duration of his entitlement to a pension.

4․ In the event that the contributor who meets the conditions for entitlement to the pension stipulated in article 16(2) continues with the work subject to the law after he has reached the legal age of entitlement, and he submits an application to obtain the pension, the pension referred to in paragraph 1 of this article is increased by 3% for every 12 months of contribution—and each month in proportion to that—after the legal age of entitlement.

The regulation must specify the rules necessary for the implementation of this article.

Article 18

1․ If the pensioner who is entitled in accordance with the provisions of article 16(3) of the law returns to a work subject to the provisions of the law before the legal age of entitlement is reached, he must be treated in accordance with the following provisions:

(a) If his wage or salary subject to contribution from his new work is equal to or greater than 100% of the average wages and salaries of the contributors in the branches of social insurance, he is entitled to simultaneously have his wage or salary and the equivalent of 50% of his pension.

(b) If his wage or salary subject to contribution from his new work is more than 50% of the average wages and salaries of the contributors in the branches of social insurance and does not reach 100% of that average, he is entitled to simultaneously have his wage or salary and the equivalent of 75% of his pension.

(c) If his wage or salary subject to contribution from his new work is equal to or less than 50% of the average wages and salaries of the contributors in the branches of social insurance, he is entitled to simultaneously have his wage or salary and his full pension.

2․ If the contribution period of the last work of the pensioner expires, his pension must be recalculated in accordance with the provisions of article 17(1) of the law. The regulation must specify the rules necessary for the implementation of this paragraph.

3․ If the contribution period expires due to non-occupational disability or death, the pension due to the contributor or his family members—as the case may be—is calculated in accordance with the provisions of article 19(2) of the law.

Article 19

1․ The contributor who suffers from a non-occupational disability is entitled to receive a non-occupational disability pension when the period of his contribution is 12 consecutive months or 18 intermittent months following the date of his actual registration in the organization and preceding the date of his disability if the following conditions are met:

(a) That the disability occurs before the legal age of entitlement is reached.

(b) That the contributor is at a work subject to the provisions of the law on the date specified for proving disability.

(c) That the disability is proven by the competent medical committee.

The regulation must specify the rules and procedures necessary for the implementation of these paragraphs.

2․ The non-occupational disability pension is calculated in accordance with the provisions of article 17(1) and (2) of the law, provided that it is not less than 50% of the average wage or salary subject to the contribution upon which the pension or the minimum pension stipulated in article 17(2)(b) of the law is calculated, whichever is higher.

3․ The non-occupational disability pension is increased by 50% if the disabled person needs the help of others to carry out his normal life activities—as proven by the competent medical committee—provided that the amount of the increase does not exceed the maximum amount specified by the regulation.

Article 20

If the non-occupational disability occurs and the contributor is not at a work subject to the provisions of the law and his contribution period reaches the qualifying period for the pension entitlement stipulated in article 16(2) of the law, he is entitled to a pension in accordance with the provisions of article 17(1) and (2) of the law.

Article 21

1․ The contributor is considered to have a non-occupational disability in accordance with the provisions of articles 19 and 20 of the law if he meets the following conditions:

(a) If it is impossible for him—because of his physical, psychological, or mental health condition or because of the amputation of one of his limbs or his suffering of a deformity—to continue to practise his work or practise any other profession consistent with his capabilities, age, and physical, mental, and professional abilities.

(b) If the disability case specified in subparagraph (a) of this paragraph will—in accordance with the evaluation of the competent medical committee—last for 6 months or more.

2․ The pension due under the provisions of articles 19 and 20 of the law is granted temporarily and throughout the period of time that the disabled person meets the conditions stipulated in paragraph 1 of this article. The continuation of the state of disability is proven by subjecting the pensioner to periodic examinations conducted by the competent medical committee.

3․ The pension due in accordance with the provisions of articles 19 and 20 of the law is final when the pensioner reaches the legal age of entitlement.

Article 22

In the event that the pensioner who is entitled in accordance with the provisions of articles 19 and 20 of the law returns to a work subject to the provisions of the law before he reaches the legal age of entitlement, his pension must be suspended during the period of his work preceding the date of his entitlement to the pension in accordance with the provisions of article 16 of the law.

Article 23

1․ If the contributor dies while at work subject to the provisions of the law, his family members are entitled to a death pension if the deceased contributor has a contribution period of at least 3 consecutive months or 6 intermittent months following the date of his actual registration with the organization.

2․ The death pension stipulated in paragraph 1 of this article is calculated in accordance with the provisions of the pension calculation stipulated in article 19(2) of the law.

3․ If the contributor dies after leaving a work subject to the provisions of the law and his contribution period reaches the qualifying period for the pension entitlement stipulated in article 16(2) of the law, his family members are entitled to a pension in accordance with the provisions of article 17(1) and (2) of the law.

4․ In the event of the death of the pensioner who is entitled in accordance with the provisions of articles 16, 19, and 20 of the law, his family members are entitled to this pension in accordance with the provisions of article 24 of the law.

Article 24

1․ In the application of the provisions of the law, family members mean:

(a) The widower or widow of the deceased contributor (as the case may be). The entitlement is suspended in the event of marriage, and the entitlement is resumed in the event of divorce. The entitlement is also resumed in the event of widowhood, provided that there is no entitlement to a pension for the other deceased contributor.

(b) The sons and daughters of the deceased contributor who are under the age of twenty-one years until they complete this age. The age limit is extended up to twenty-four years if they are enrolled in an educational or vocational institution. The board of directors may—in the cases or circumstances it determines and in accordance with the controls and conditions it sets—make extensions after this age. In all cases, there is no age limit requirement as long as they remain disabled for medical reasons—as proven by the competent medical committee—until their disability ends.

(c) The father and mother of the deceased contributor who were supported by him at the date of his death.

2․ The pension must be distributed to the beneficiaries who are members of the family of the deceased contributor in accordance with the following:

(a) If the beneficiary is one, he is granted 50% of the pension.

(b) If the beneficiaries are two or more, they are granted 75% of the pension, and the distribution of the shares must be equal among them.

3․ When the entitlement of any family member ceases, his pension share is redistributed to the rest of the beneficiaries who are family members, taking into account the provisions of paragraph 2 of this article.

The regulation must specify the provisions, rules, and documents necessary for the implementation of this article.

Article 25

1․ The contributor who reaches or exceeds the legal age of entitlement, and the contributor with a disability stipulated in article 21 of the law, who stop doing a work subject to the provisions of the law and do not meet the conditions necessary to benefit from the pension due in accordance with the provisions of any of articles 16, 19, and 20 of the law, are treated in accordance with the following:

(a) If the contribution period is 60 months or more, the contributor is entitled to compensation calculated on the basis of the total contributions paid by the employer and the contributor for the period of his contribution, after re-valuation—to the extent it is not less than the total contributions paid by the employer and the contributor—and he has the option of obtaining compensation in monthly payments or in a single payment in accordance with the provisions specified by the regulation.

(b) If the contribution period is less than 60 months, the contributor receives the single payment compensation calculated in accordance with the provisions of subparagraph (a) of this paragraph.

2․ In the event of the death of a contributor who does not meet the conditions for entitlement to a pension stipulated in article 23 of the law, his family members are entitled to the full single payment compensation calculated in accordance with the provisions of paragraph 1(a) of this article.

3․ In the event of the death of the contributor who receives the monthly compensation payments before the full payments are made, his family members are entitled to the remaining amounts of his entitlement.

Article 26

1․ The pension is calculated on the basis of the average of the highest wages or salaries subject to contribution for 180 months of the contribution periods.

2․ It is permitted—by a decision by the board of directors in accordance with the provisions specified by it—to increase pensions for contributors and family members, taking into account—in whole or in part—the consumer price index approved by the competent entity and the results of the actuarial study.

Article 27

If the contributor no longer has Saudi Arabian nationality, he must be granted a single payment compensation calculated in accordance with the provisions of article 25(1)(a) of the law. The regulation must specify the rules and procedures necessary for the implementation of this article.

Part Three: Branch of Occupational Hazards and Additional Compensation
Article 28

The branch of occupational hazards and additional compensation must be applied mandatorily to the following categories:

(a) All employees who work inside the Kingdom.

(b) All workers who work inside the Kingdom.

The regulation must specify the provisions necessary for the implementation of this article.

Article 29

1․ The contributions of the branch of occupational hazards and additional compensation are determined at 2% of the wage or salary subject to contribution, to be borne by the employer. It is permitted—by a decision by the board of directors—for a specified period, to increase this percentage by an amount not exceeding double for employers who refuse to comply with the instructions issued on the subject of the safety and health of contributors. The regulation must specify the rules and procedures necessary for the implementation of the provision of this paragraph.

3․ It is permitted by a decision by the Council of Ministers—on the basis of a proposal of the board of directors based on an actuarial study—to amend the contribution percentages stipulated in paragraphs 1 and 2 of this article.

Chapter One: Compensation for Occupational Hazards
Article 30

1․ Every accident that occurs to the contributor during or because of work is deemed a work injury. Every accident that occurs to the contributor during his usual route from his residence to his workplace and vice versa, or during his route from his workplace to the place where he usually eats his food or performs his prayers and vice versa, is deemed equivalent to this. Accidents that occur during the movements of the contributor that he performs with the intention of performing a task assigned to him by the employer are considered the same.

The regulation must specify the rules necessary for the implementation of this paragraph.

2․ Any of the occupational diseases specified in the schedule referred to in paragraph 3 of this article is deemed a work injury, and the date of the first medical examination of the patient is deemed equivalent to the date of the injury.

3․ Occupational diseases are determined by virtue of a schedule issued by the board of directors, and it shall review it whenever the need arises.

4․ The regulation must specify the maximum periods during which the symptoms of the occupational disease must appear, in the cases in which the symptoms of the disease appear on the contributor after he stops working, as well as the methods and deadlines for reporting work injuries.

Article 31

1․ The contributor who suffers from a work injury is entitled to the following compensation:

(a) Medical care required by his condition.

(b) Daily allowances for temporary inability to work if the injured person becomes temporarily unable to work due to the injury.

(c) Monthly returns and lump sum compensation for total or partial permanent disability resulting from the injury.

2․ The compensation referred to in paragraph 1 of this article is not due unless the injury occurs after the completion of the procedures for registering the contributor with the organization, or within the period specified by the regulation for the employer to register his contributors, or within the period specified by the regulation for the contributor to apply to register himself if the employer refuses or fails to register him.

Article 32

1․ Medical care—by all possible means—must be aimed at preserving the health and recovery of the injured, and if this is not possible, it must be aimed at improving his health condition and his ability to work and carry out his normal life activities.

2․ Medical care must be exercised for the period required by the condition of the injured person.

3․ The employer shall carry out first aid for the injured and take the necessary measures to fulfill this obligation, taking into account the number of his workers and the occupational hazards that result from the work he has.

4․ Medical care must be provided by hospitals, medical centers, and clinics specified by the organization.

The regulation must specify the rules and procedures necessary for the implementation of this article.

Article 33

1․ In the event of his temporary disability to work resulting from a work injury—registered in accordance with the methods and deadlines specified in the regulation—the injured person has the right to a daily allowance for each day of inability to work, including holidays. The daily allowances are due from the day following the occurrence of the injury, and the right to the allowance expires on the day on which the injured person regains his ability to work, recovers, or proves his permanent disability or death.

2․ The daily allowance for temporary disability is determined at 100% of the wage or salary of the daily contribution of the injured person in the month preceding the month in which the injury occurs or the month in which he joins the work if the injury occurs during this month, and it is reduced to 75% of this wage or salary during the period of receiving treatment at the expense of the organization in a hospital, medical center, or otherwise.

3․ The regulation must specify the provisions necessary for determining the daily allowance for workers who do not receive their wages or salaries on a monthly basis.

4․ The regulation must specify the method of payment of daily allowances and their dates.

Article 34

1․ Occupational disability is the total or partial permanent disability resulting from a work injury.

2․ The percentages of occupational disability must be determined according to the nature of the disability occurring, the general condition of the injured person, his age, the profession he practices, his physical and mental faculties, and his occupational capabilities. This must be on the basis of the schedule of the disability percentages guide issued by the board of directors. It must review it whenever the need arises.

Article 35

1․ In the event of total permanent disability resulting from a work injury, the injured person is entitled to a monthly payment equivalent to 100% of the average monthly wage or salary subject to the contribution specified in accordance with the provisions of article 36(1) of the law, provided that the amount of the payment is not less than the minimum payment stipulated in article 17(2)(b) of the law.

2․ In the case of permanent partial disability resulting from a work injury equivalent to or exceeding 50%, the injured person has the right to receive a monthly payment equivalent to the output of multiplying the percentage of this disability by the payment of the total permanent disability that he could have received if his disability was total.

3․ In the event of a permanent partial disability resulting from a work injury that is less than 50%, the injured person is entitled to a lump sum compensation equal to 60 times the monthly payment specified for the permanent partial disability stipulated in paragraph 2 of this article, if the age of the injured person on the date of the injury does not exceed forty-five years. If the age of the injured person exceeds that, the aforementioned compensation is reduced by a number of monthly payments equal to the number of years over the age of forty-five. The parts of the year are calculated for a full year if it reaches 6 months and more, and it is removed if it is less than that.

4․ In the application of the provisions of paragraph 3 of this article, the value of the compensation must not be less than 36 times the value of the assumed monthly payment.

Article 36

1․ The average monthly wage or salary stipulated in article 35(1) of the law is calculated by taking one-third of the total wages or salaries subject to contribution during the three months preceding the month in which the injury occurred. In the event that the injured person is unable to work during this period or part of it for the benefit of the employer with whom the injury occurred, the average monthly wage or salary is calculated by taking one-third of the total wages or salaries that would have been subject to contribution if the injured person worked under the same conditions and in a continuous manner with the last employer during the aforementioned three-month period. The regulation must specify the provisions for calculating the average wage or salary for workers who do not receive their wages or salaries on a monthly basis.

2․ The monthly payments are granted temporarily. The organization shall present the injured person for periodic examinations before the competent medical committee within the first five years following the disability report. If it becomes clear from these tests that the degree of disability of the injured person has changed, the organization shall reconsider the payment, provided that the payment is increased, decreased, or stopped in accordance with the change in the condition of the injured person as of the first day of the month following the month in which that change occurs.

3․ The monthly payment is deemed final by the lapse of the five years stipulated in paragraph 2 of this article.

4․ The amount of the due payment is increased by 50% if the injured person needs the help of others permanently to carry out his daily life activities—as proven by the competent medical committee—provided that the amount of this increase does not exceed the maximum limit specified by the regulation.

5․ The injured person who is entitled to a monthly payment may simultaneously have this payment and his wage or salary from work.

6․ As an exception to article 53(1) of the law, the payments of total or partial permanent disability are due as of the date of cessation of the daily allowances.

Article 37

1․ If the recipient of a permanent partial disability payment suffers another disability resulting from another work injury, he is entitled to receive a new payment calculated in accordance with the total harm he suffers, taking into account that the total disability percentages do not exceed 100%, and in accordance with the average wage or salary for the three months preceding the month in which the last injury occurred or the average on which the first payment was calculated, whichever is higher.

2․ In the event of a new injury, or a relapse or a complication of a previous injury, to a contributor who has previously benefited from a lump sum compensation in accordance with the provisions of article 35(3) of the law, he is entitled to a monthly payment if the total disability percentages lead to him being considered a recipient of a permanent partial disability payment in accordance with the provisions of article 35(2) of the law, provided that the organization recovers the value of the lump sum compensation previously paid to him by deduction from the monthly payment in installments as specified by the regulation.  If the disbursement of the payment ceases in accordance with the provisions of article 36(2) of the law or due to death before completing the payment of the full value of the lump sum compensation, the rest of the installments are not recovered.

3․ The disability percentages are aggregated, in the event of a recurrence of the injury or a relapse or a complication of a previous injury, even if the aggregation does not result in a monthly payment entitlement, if the aggregation results in increasing the lump sum compensation that the injured person is entitled to for the total disability percentage that he suffers. In this case, the previous compensation paid to him for the previous disability percentage is deducted from the lump sum compensation due for the total disability percentages.

Article 38

1․ Members of the family of the deceased contributor have the right to receive monthly payments if the contributor is a recipient of a permanent total or partial disability payment or if he dies due to a work injury while he is at work subject to the law. In the case of the latter, the payments of the family members are calculated on the basis of the assumption of the entitlement of the contributor to a payment equal to the payment of the permanent total disability stipulated in article 35(1) of the law.

2․ In the application of the provisions of paragraph 1 of this article, the entitlement of family members is determined in accordance with article 24.

Article 39

As an exception to the provisions of article 35(1) and (2) and article 38 of the law, a non-Saudi injured person who is entitled to a monthly payment or his family members in the event of death is paid a lump sum compensation in lieu of the payment and it is distributed to the entitled members of his family in accordance with the provisions of article 24(2) of the law. The lump sum compensation is determined in this case in accordance with the following rules:

1․ 84 times the monthly payment specified for the permanent total disability.

2․ 60 times the monthly payment specified for the permanent partial disability.

3․ 84 times the monthly payment specified for the deceased contributor due to a work injury.

Article 40

The organization shall pay the costs of processing and transporting the corpse of the deceased contributor due to a work injury and the deceased contributor who was receiving a monthly payment to their hometown. It shall also pay the costs of transporting the injured person with an occupational disability who needs the help of others—as determined by the competent medical committee—to his hometown. The regulation must specify the provisions necessary for the implementation of this article.

Chapter Two: Maternity Compensation
Article 41

In the event of childbirth, the contributor is entitled to maternity compensation for a period of 3 months—an additional month is added in the event that a sick or disabled child is born and his health condition requires an ongoing companion for him in accordance with the documents and controls specified by the regulation—if she meets the following conditions:

1․ That she has a contribution period of at least 12 consecutive or intermittent months following the date of actual registration with the organization during the last 36 months preceding the date of birth, provided that the birth occurs while she is at work subject to the law.

2․ That the birth is after the lapse of at least 6 months from the date of conception, whether the infant is born alive or dead.

Article 42

1․ Maternity compensation is calculated at 100% of the average monthly wage or salary subject to contribution during the 12 months preceding the date of birth.

2․ As an exception to the provisions of article 53(1) of the law, maternity compensation is due as of the first month in which the birth takes place. The contributor may request this compensation one month before the date specified for the birth.

3․ It is not permitted to simultaneously have the maternity compensation with the wage or salary.

The regulation must specify the rules and procedures necessary for the implementation of this article.

Part Four: Branch of Unemployment Insurance
Article 43

1․ The branch of unemployment insurance must be applied mandatorily to all Saudi workers who work inside the Kingdom, provided that the age of the worker at the beginning of the application of the law to him is less than sixty-four.

2․ If the contributor at work reaches the legal age for entitlement to a pension, his contribution in this branch is discontinued.

The regulation must specify the provisions necessary for the implementation of this article.

Article 44

1․ The contributions of the branch of unemployment insurance are determined at a percentage of 2% of the wage subject to contribution: 1% to be borne by the employer and 1% to be borne by the contributor.

2․ It is permitted to amend the contributions mentioned in paragraph 1 of this article by a decision by the Council of Ministers—after the board of directors issues its opinion in accordance with a mechanism specified by the regulation—by a percentage not exceeding 2% of the wage subject to contribution and not less than 0.5% of this wage, provided that the employer bears half of the specified monthly contribution and the contributor bears the other half.

Article 45

The unemployed contributor is entitled to compensation from the unemployment insurance branch if he meets the following conditions:

(a) That he is a Saudi national.

(b) That he has completed the periods specified in article 46(1) of the law.

(c) That he is not dismissed from work due to a reason attributable to him.

(d) That he does not have a private activity or income from a work.

(e) That his departure from work is not due to his desire not to continue with it.

(f) That he is able to work.

(g) That he has not reached the legal age for entitlement to a pension.

(h) That he registers after leaving the work subject to the law within the period specified by the regulation.

(i) That he undertakes a serious search for work.

(j) That he commits to training.

The regulation must specify the provisions necessary for the implementation of this article.

Article 46

1․ The entitlement to compensation for the unemployed contributor is in accordance with the following:

(a) Compensation for the first time if he works for a period of at least 12 months during the 36 months preceding the first claim.

(b) Compensation for the second time if he works again for a period of at least 18 months during the 36 months preceding the second claim.

(c) Compensation for the third time if he works again for a period of at least 24 months during the 36 months preceding the third claim.

(d) Compensation at any subsequent time if he works again for a period of at least 36 months during the 48 months preceding the last claim.

2․ In the application of the provisions of paragraph 1 of this article, the compensation claim is considered a new claim whenever the unemployed contributor is paid compensation for the maximum period specified in article 47 of the law.

Article 47

The maximum period for disbursement of the compensation is 12 consecutive or intermittent months for each time of entitlement, provided that this compensation is disbursed during 24 consecutive months for each time starting from the date of the first disbursement during this period.

Article 48

1․ The compensation of the unemployment insurance branch is paid at a rate of 60% of the average monthly wages for each of the first three months, and at a rate of 50% of this average for each month in excess of that.

2․ The average monthly wage means a part of 24 parts of the total wages subject to contribution throughout the last twenty-four months of the contribution period.

3․ The maximum amount of compensation is 9,000 (nine thousand) Riyals for each of the first three months, and 7,500 (seven thousand five hundred) Riyals for each month in excess of that.

Article 49

1․ The payment of compensation for the unemployed contributor is discontinued in any of the following cases:

(a) Death.

(b) If he reaches the legal age for entitlement to a pension, and he is entitled to a pension in accordance with the provisions of article 16 of the law, and if he is not entitled to a pension, the compensation continues to be paid.

(c) The removal of any of the other eligibility conditions stipulated in article 45 of the law.

2․ If the disbursement of the compensation is discontinued in any of the cases specified in paragraph 1(c) of this article, and then the impediment that discontinued the disbursement is removed, the disbursement must be resumed from the beginning of the month following the date of notifying the organization of the removal of that impediment, provided that the notification is made within the period specified by the regulation.

Part Five: Common Provisions
Article 50

1․ The proof of occupational disability and non-occupational disability, the determination of the type of injury or illness, whether occupational or non-occupational, and the determination of the estimated period of disability must be by the primary medical committees.

2․ The contributor or his beneficiaries—as the case may be—or the organization may object to the decisions issued by the primary medical committees before the appeal medical committees within thirty days from the date of notification of the decision.

3․ The primary and appeal medical committees stipulated in paragraphs 1 and 2 of this article must be formed by a decision by the board of directors from at least three doctors for each committee, and one of them must be the chairman. All members of the appeal medical committees must be from outside the organization. The remuneration of the members of the committees and the rules of their work must be determined by a decision by the board of directors.

Article 51

The organization may suspend the daily allowances, royalties, and the non-occupational disability pension if it is proven that the contributor refuses— without a legitimate excuse and as specified by the regulation—to undergo the necessary medical treatment or examinations, or to abide by the medical instructions required by his health condition.

Article 52

1․ A missing or absent person must be treated, in respect of compensation due to members of his family, as a person whose death has been proven.

2․ If a missing or absent person is found to be alive, the payment of the pension or the payment for his family members is suspended, and he must be treated in accordance with the following:

(a) If he is a pensioner or recipient of a payment, the disbursement of the pension or the payment to him must be resumed, and the difference between his pension or payment and the amount disbursed to the members of his family for the duration of him being missing or his absence must be disbursed to him.

(b) If he is not a pensioner or recipient of a payment, the amounts disbursed to his family members are considered a debt owed by him and are deducted from his rights with the organization, and if they exceed them, the recovery of the difference is disregarded.

The regulation must specify the provisions necessary for the implementation of this article.

Article 53

1․ Subject to article 36(6) and article 42(2) of the law, the right to disbursement of compensation begins on the first day in the month following the month in which the eligibility conditions stipulated in the law are met.

2․ The disbursement of compensation is discontinued at the end of the last day of the month in which the event giving rise to the termination of the right to it occurs.

3․ The regulation must specify the procedures and dates for the payment of compensation.

Article 54

The claim for daily allowances for injury and relocation and residence allowances that have been due for one year is not accepted, and the claim for other compensation that has been due for five years is not accepted, unless there is an excuse accepted by the organization.

Article 55

1․ The organization shall pay the contributor or his family members the full compensation due to them stipulated in the law, regardless of the reasons for the occurrence of the risk and its circumstances.

2․ The compensation stipulated in the law is not due to anyone who is proven to have intentionally caused or contributed to the occurrence of the risk.

Article 56

First: The contributor is entitled to simultaneously have the following compensations:

1․ Simultaneously having the payment and the pension, not exceeding 100% of the largest of the following two amounts:

(a) The average monthly wage or salary subject to the contribution on the basis of which the occupational disability payment was calculated after its increase by 7% for each of the full years between the date of proving the disability and the date of entitlement to the pension, provided that this does not exceed the legal age for entitlement to the pension.

(b) The average wage or salary subject to contribution on the basis of which the pension is calculated.

2․ Simultaneously having a single payment or monthly payments compensation and occupational hazards compensation.

3․ Simultaneously having a lump sum compensation and branch of pensions compensation.

4․ Simultaneously having the occupational hazards compensation and insurance against unemployment compensation.

5․ Simultaneously having the occupational hazards compensation and maternity compensation.

Second: Family members have the right to simultaneously have the branch of pensions compensation and occupational hazards compensation in the following cases:

1․ The sons and daughters simultaneously have the share due to them from the father and the share due to them from the mother.

2․ The widower or widow simultaneously has the benefit due to him for himself and the share due to him from his spouse.

Third: With the exception of the cases mentioned in clauses First and Second of this article, it is not permitted to simultaneously have more than one compensation except in the cases and within the limits specified by the regulation.

Article 57

1․ It is not permitted to seize the monetary compensation stipulated in the law except by a court judgment, provided that the percentage of deduction for a single creditor does not exceed 25% of the compensation, and that the percentage of deduction in the event of multiple creditors does not exceed 50% of the compensation, and the maintenance debt takes priority over all other debts.

2․ As an exception to paragraph 1 of this article, the organization has a privilege to collect its dues from the monetary compensation stipulated in this law against all creditors. They are deducted directly from the monetary compensation due, provided that the percentage of the deduction does not exceed 25% of the compensation. It is permitted to deduct more than this percentage—as specified by the regulation—if the compensation is lump sum, single payment, monthly payments, or if the dues of the organization arise from the submission of incorrect data, negligence, or failure to provide data and documents to the organization.

3․ The regulation must specify the provisions necessary for the implementation of paragraphs 1 and 2 of this article and the provisions relating to the assignment of monetary compensation.

Part Six: Final Provisions
Article 58

1․ Inspectors appointed by a decision by the governor shall monitor the implementation of the provisions of the law and the regulation. Employers shall allow the inspectors to obtain the necessary information and documents to facilitate the performance of their duties, including access to records relating to the nature of the work, the numbers of workers and employees, their wages and salaries, and the method of calculating and paying them.

2․ The inspectors shall submit reports on violations, if found. The organization shall take all measures to verify and investigate these violations and take the necessary measures in regard to them.

3․ The inspectors and the personnel of the organization in the governorate shall maintain the confidentiality of the information they access during the exercise of their functions, and they shall not in any case disclose or transfer any of these secrets to others.

4․ As an exception to paragraph 3 of this article, the organization may provide others with any of the information obtained by the inspectors or the personnel of the organization in the exercise of their functions, as required by the implementation of the provisions of the law and the regulation, or on the basis of the approval of the person concerned, or the request of judicial entities or public entities as required by the implementation of its duties. The regulation must specify the provisions necessary for this.

5․ It is permitted to grant a financial reward to whoever assists—the inspectors or others—in uncovering any of the violations of the provisions of the law and the regulation, in accordance with the rules specified by the regulation.

Article 59

1․ Without prejudice to any punishment more severe stipulated in another law, whoever violates any of the provisions of the law and the regulation must be punished by a fine not exceeding 50,000 (fifty thousand) Riyals, and the fine imposed in the event of a repetition of the violation is doubled. The violation is deemed to be repeated if it is committed within three years from the date of committing the previous violation.

The fine is multiplied by the number of contributors in respect of whom the employer committed the violation.

2․ The employer who registers a person who is proven by the organization that he does not work for his benefit must be punished by a fine in accordance with the provisions of paragraph 1 of this article, or by an amount not exceeding twice the total value of the contributions for the period registered for the person, whichever is higher. The fine is imposed multiple times based on the number of persons registered in violation of the provisions of the law and the regulation, provided that the contributions paid for that period are returned to the employer.

3․ If a violation of any of the provisions of the law and the regulation results in the payment of compensation unlawfully, the punishment must be a fine in accordance with the provisions of paragraphs 1 or 2 of this article or an amount not exceeding the amount of those compensations, whichever is greater, and requiring the violator to refund the disbursement of those compensations.

4․ It is not permitted to impose any of the fines stipulated in this article for violations for which a period of five years or more has lapsed from committing them, without prejudice to the correction of the violation and the return of the amounts unlawfully disbursed.

5․ The board of directors shall issue the schedule of classification of violations.

6․ The organization may settle with the violator to relieve him from all or some of the fines stipulated in this article.

The regulation must specify the provisions necessary for the implementation of this article.

Article 60

1․ A committee or more, made up of three members, one of whom is the chairman, and at least one who specializes in laws, must be established by a decision by the board of directors to consider violations of the provisions of the law and the regulation and to impose the penalties stipulated in article 59 of the law.

2․ The rules of operation of the committee must be issued, and the remuneration of its chairman, members, and secretariat must be determined by a decision by the board of directors.

3․ The person against whom a punishment decision has been issued may file a grievance against it before the competent court.

Article 61

It is permitted to include in the decision issued determining the punishment a provision for the publication of its summary at the expense of the violator in one or more local newspapers issued in his place of residence, or in any other appropriate means, according to the type, gravity, and impact of the violation committed, provided that the publication is made after the decision is made final by the lapse of the time limit for filing a grievance against it or by the issued against him acquiring the status of res judicata.

Article 62

The board of directors shall issue the regulation, and it must be published in the official gazette, and it comes into force from the date the law enters into force.

Article 63

This law must be published in the official gazette, and comes into force on the day following the date of its issuance.

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

Categories
Ministerial Decision

General Organization for Social Insurance: Decision 230/Insurance Approving the Executive Regulation of the Social Insurance Law

Arabic

The Minister of Finance,

based on the powers entrusted to him by law,

after perusal of the Social Insurance Law issued by Royal Decree D/273 dated 26 Dhu Al-Hijja 1445 [3 July 2024], and Board of Directors of the General Organization for Social Insurance Decision 1490 dated 26 Dhu Al-Hijja 1445 [3 July 2024], regarding the approval of the executive regulation of the law,

hereby decides

First

The Executive Regulation of the Social Insurance Law issued by Royal Decree D/273 dated 26 Dhu Al-Hijja 1445 [3 July 2024] is hereby approved in accordance with the form attached to this decision.

Second

This decision must be published in the official gazette, and comes into force on 3 July 2024.

Third

The Governor of the General Organization for Social Insurance shall work to implement this decision.

May Allah provide success.

Mohammed bin Abdullah Al-Jadaan
Minister of Finance
Chairman of the Board of Directors of the General Organization for Social Insurance

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

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

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