Decree

Arabic

1․ Introduction and Objective of the Manual

The Ministry of Human Resources and Social Development keen to provide stimulating, productive, and stable job opportunities for male and female citizens in the various regions of the Kingdom, to raise their level of participation in the labor market, and based on the direction of the ministry to adopt non-traditional work systems, including the flexible work arrangement in accordance with the objectives of Vision 2030, and with reference to Ministerial Decision 146481 dated 7 Ramadan 1441 [1 May 2020], and Ministerial Decision 153307 dated 11 Dhu Al-Qa’dah 1445 [16 May 2024], regarding the flexible work system to enable young men and women to obtain job opportunities.

This decision is part of a set of organizational decisions that the ministry has worked on to provide job opportunities that stimulate national human resources, expand the circle of participation and empower Saudi workers in the labor market, in line with the strategy of the ministry concerned with human capital development, and enhance contribution to the economic system.

The aim of this guide is to clarify the details of a flexible work decision as well as to answer frequently asked questions.

2․ Terms and Definitions

Flexible work:

“Flexible” work means work performed by an employee with one or more employers, where the wage is calculated on an hourly basis.

Procedures and penalties:

The procedures stipulated in this manual.

Service providers:

Entities that provide recruitment services under flexible work arrangement, in a manner that is legal, documented, and approved by the Ministry of Human Resources and Social Development.

Nitaqat Program:

An initiatives of the Ministry of Human Resources and Social Development aiming to increase the participation rate of the Saudi workforce in the private sector.

3․ Rules for the Flexible Work System

1․ Flexible work means work performed by a worker who is not affiliated with one or more employers where the wage is calculated on an hourly basis, provided that the working hours of the worker with one employer are less than half of the working hours of the establishment.

2․ Employment contracts under the flexible work system are limited to Saudis only.

3․ The percentage of workers with the employer is subject to flexible work system contracts according to the sectors and professions specified by the ministry in the electronic portal.

4․ The employer is not required to compensate the worker under the flexible work contract for any types of paid leave, including annual leave, special occasions leave, and sick leave.

5․ The employer is not required to compensate the worker under the flexible work system contract with an end of service gratuity.

6․ The worker under the flexible work system contract is not subject to a probation period.

7․ The contract under the flexible work system is subject to the pensions branch and the occupational hazards branch in accordance with the rules and regulations prescribed by the General Organization for Social Insurance.

8․ The calculation of nationalisation percentages is subject to the program of incentivising establishments to nationalise jobs “Nitaqat” in accordance with the decisions issued by the program and the following controls:

(a) A point is calculated for the establishment upon the completion of a total of 160 flexible working hours completed for the worker or for a group of workers.

(b) The nationalisation percentages must be calculated as determined by the ministry for the total number of workers in the establishment.

9․ The wage of the worker in the flexible work system must be calculated according to the hourly wage, and their wages must be paid on a monthly basis or by agreement of the two parties.

10․ The working hours that a worker performs under the flexible work system with a single employer that exceeds 95 hours per month are considered additional working hours. By agreement of the parties, these hours may be compensated at a wage similar to the basic hourly wage agreed upon in the employment contract, provided that the total working hours for the worker do not exceed 160 hours per month with a single employer.

11․ Subject to the provisions of the employment contract, the worker under the flexible work system has the right to approve or reject when he requested to work at any time without taking any procedure against him.

12․ The duration of the employment contract under the flexible work system with a single employer must not exceed one year—consecutive or intermittent—and in the event that this period is exceeded, the employer may extend or renew the contract with the consent of the worker or enter into an employment contract subject to all the provisions of the Labor Law.

13․ The provisions of article 83 of the Labor Law relating to the requirement that the employer does not compete after the end of the employment relationship apply to the employee in accordance with the flexible work system.

14․ An employment contract must be electronic and for a definite period. The wage in it is determined by the hour and it is permitted to specify and amend the times when the employee attends to perform the work after agreement between the parties.

15․ It is required for the recruitment of employees in the flexible work system to document the contract in the electronic portal specified by the ministry, and it is subject to the procedures of the Executive Regulation of the Labor Law 75913 dated 19 Jumada Al-Awwal 1445 [2 December 2023], and what occurs to it.

16․ Service providers must be approved for flexible work based on the criteria published in the electronic portal that the ministry specifies.

17․ A worker subject to the flexible work system is subject to the provisions of the Labor Law in relation to rest periods.

4․ Date of Application of the Decision

This decision is effective from the date of publication of the Ministerial Decision for the Flexible Work System 153307 dated 11 Dhu Al-Qa’dah 1445 [19 May 2024].

5․ Scope of the Decision

This decision applies to all entities wishing to benefit from recruitment under the flexible work arrangement.

6․ Contractual Relationship, Conditions, and Controls

The contractual relationship of the flexible worker is subject to the provisions of the Labor Law and the contractual relationship of the flexible worker is regulated by an employment contract that is documented in the electronic portal specified by the ministry (the flexible work platform) in accordance with the terms and conditions stipulated in the unified contract in the flexible work platform.

7․ Number of Flexible Worker Contracts and the Mechanism for Calculating the Flexible Worker in the Nitaqat Program

– There is no maximum limit to the number of flexible worker contracts.

– A minimum of 160 hours per month must be completed for the worker or the group of flexible workers to be calculated in the Nitaqat program.

– A maximum of 20% of the total Saudi employees at the facility is calculated in the Nitaqat program (and the ministry has the right to amend the percentage as it deems appropriate and determines in the electronic portal specified by the ministry).

– The weighing and calculation mechanism are subject to the calculation controls in the Nitaqat program.

8․ Violations and Punishments

Flexible work is subject to the procedures of the Executive Regulation of the Labor Law 75913 dated 19 Jumada Al-Awwal 1445 [2 December 2023] and any of its amendments.

9․ Frequently Asked Questions

What are the controls of the duration of the flexible employment contract?

The duration of the employment contract under the flexible work system with one employer must not exceed one year—consecutive or intermittent—and in the event that this period is exceeded, the employer may extend or renew the contract with the consent of the employer or enter an employment contract subject to all the provisions of the Labor Law.

Is contracting through the flexible work portal mandatory?

Yes, the contract must be documented through the electronic platform launched by the Ministry of Human Resources in accordance with Decision 153307 dated 11 Dhu Al-Qa’dah 1445 [19 May 2024].

Is there a percentage or number of contracts for workers of the flexible work system in a single establishment?

Establishments can contract with flexible workers without a maximum limit, but flexible employees in the Nitaqat program must only be counted as 20% of the total Saudi workers at the same establishment.

Is the flexible work system limited to Saudis?

The flexible work system is currently limited to Saudis only.

Is the worker registered with the General Organization for Social Insurance through the flexible work portal?

When the contract is documented in the flexible work portal, the worker is automatically registered with the General Organization for Social Insurance and the calculation is made in accordance with the mechanism followed by the General Organization for Social Insurance.

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Published in Umm Al-Qura 5033 issued on 24 May 2024.

Arabic

Published in Umm Al-Qura 5034 issued on 31 May 2024.

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Issued by …

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Published in Umm Al-Qura 5032 issued on 17 May 2024.

Arabic

Issued by National Center for Waste Management Decision 5208104

1. Introduction

Purpose

Based on articles 24 and 25 of the Executive Regulation of the Waste Management Law issued by the Minister of Environment, Water, and Agriculture Decision 332291/1/1443 dated 18 Shawwal 1443 [19 May 2022], the centre has the right to exempt—taking into account the existing laws—some waste management activities from some conditions or requirements of a licence or permit within a specified geographical scope or for a temporary period or from the fee specified for this activity.

This document aims to clarify the criteria and controls for approving the application exemption in addition to the relevant forms.

Scope of Application

These criteria and controls apply to establishments and entities from the public, private, or non-profit sectors to which the criteria and conditions of exemption apply.

2. Criteria and Controls

1. Establishments and entities from the public, private, or non-profit sectors may submit an application for exemption from some conditions or requirements of a licence or permit required to practise the waste management activity within a specified geographical scope or for a temporary period, or from the fee for this activity.

2. The exemption application must be submitted in accordance with the form approved for this purpose (Form of Application for the Exemption from Conditions or Requirements of a Licence or Permit). The applicant shall attach all supporting documents of his application, and the application is not considered to meet the conditions unless all the required information and documents are submitted within the application or attached to it, after paying the application review fee.

3. The General Directorate of Licences and Permits in the centre shall review the application, assess the reasons and justifications for the exemption application, and review the attached records and documents based on the following criteria:

(a) Nature of the activity or service: Includes assessing whether there is an urgent need to provide the service or not and the effects of not providing the service, including evaluating the levels of demand for the service within the geographical scope specified according to the comprehensive strategic plan for the waste management sector in the Kingdom.

(b) Applicant: Whoever submits an application for exemption from some conditions or requirements of a licence or permit required to practise the waste management activity, from owners of small and medium enterprises, in addition to civil associations and non-profit sector establishments.

(c) Geographical scope of the practice of the activity: The geographical scope to which the provisions of the waste management system and its executive regulations apply, within the territory of the Kingdom, including internal waters, the territorial sea, the contiguous zone, the exclusive economic zone, and the continental shelf, and for which some legal, security, or investment reasons may affect the ability of service providers to provide the required services within such geographical scope.

(d) Technical aspects: Include aspects relating to technology and innovation and the development of local expertise, where the centre can support and stimulate the use of technology or innovation in specific areas or encourage the transfer of knowledge or the localisation of technology.

(e) Economic aspects: Include evaluating the economic feasibility of providing some services compared to the need to provide them, or the investment aspects of providing the service, where the centre may make exemptions from some of the conditions or requirements of the licence, permit, or fee for them to encourage investment and reduce costs for investors.

4. When reviewing the application, the General Directorate of Licences and Permits shall refer to the competent departments in the centre (legal affairs, sector development… etc.) to take their views according to their competence regarding the reasons and justifications for the exemption application and the criteria approved for this purpose.

5. During the stage of reviewing the application, the centre may notify the applicant of the submission of any additional information or documents, and in the event that they are not submitted within a period of 15 days that can be extended for one time, the application is considered null and void without the financial fee being recoverable, and the applicant may re-submit his application.

6. Based on the results of the review of the application, the General Directorate of Licences and Permits shall recommend accepting or rejecting the exemption application.

7. In the event of a recommendation for acceptance, the chief executive officer of the centre shall submit to the Minister of Environment, Water, and Agriculture—chairman of the board of directors of the centre—a request for adopting the exemption application in accordance with the form prepared for this purpose (Form for Adoption Request).

8. The decision to exempt from some conditions or requirements of a licence, its fee, or the permit of an initiative or activity, is issued by a decision by the minister or whoever he authorises.

9. The centre shall decide on the exemption application from conditions or requirements of a licence, permit, or fee specified for the waste management activity within 30 working days from the date of submitting the application, which may be extended for a period of ten working days a single time.

Form of the Application for Exemption from Conditions or Requirements of a Licence or Permit

Establishment Details
Establishment Name		Commercial Registration of the Establishment
Activity
Details of the Activity of the License or Permit
Main activity of the License
Sub-Activity of the License or Permit
Conditions or Requirements from which Exemptions are Required
Geographical Scope of the Exemption Application
Period of Time Targeted by the Exemption Application
Fee for the License or Permit

Justifications for the Exemption Application:

◻	The need to provide the service for a period of time is not sufficient to recover the costs of providing it.
◻	The inability of the service providers to provide the service for economic, security, investment, legal, or other reasons, with an urgent need to provide it.
◻	Stimulate investment in waste management services.
◻	Building national expertise, transferring knowledge, and localising advanced technologies.
◻	Other:………………………………………………………………..

Justifications for the exemption application are attached to the supporting document

Applicant Details
Applicant Name		Capacity
Email		Phone
Signature

Note:

Necessary supporting records and documents are attached to the exemption application.

The centre shall review the application within 30 working days from the date of submitting the application.

Form for Adoption Request

Establishment Details
Establishment Name		Commercial Registration of the Establishment
Activity
Address
Conditions or Requirements from which Exemptions are Required
Approval of the application for exemption from conditions and requirements of a licence or permit
To:  The Minister, Chairman of the Board of Directors of the National Center for Waste ManagementWith reference to the applicant …………………………………………………………… Under the name of the establishment …………………………………………………………………………. to be exempt from ………………………………………………………………………………………………………………………………………… and after reviewing the application and the justifications for the exemption application ……………………………………………………………………………………….. …………………………………………………………………………………………………………………… and based on article……………………… of the Executive Regulation of the Waste Management Law, which contains ………………………………………………. ………………………………………………….. We request that Your Excellency adopt the exemption application.
Chief Executive Officer of the National Center for Waste ManagementSignature…………. The approval is hereby adopted by the Minister of Environment, Water, and Agriculture Chairman of the Board of Directors of the National Center for Waste Management Signature…………….

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Published in Umm Al-Qura 5034 issued on 31 May 2024.