The Minister of Human Resources and Social Development,
based on the powers entrusted to him by law, after perusal of the provisions of article 120 of the Labour Law issued by Royal Decree D/51 dated 23 Sha’ban 1426 [23 September 2005] and its amendments,
after perusal of the provisions of article 27 of the Executive Regulation of the Labour Law issued by Ministerial Decision 70273 dated 11 Rabi Al-Thani 1440 [18 December 2018] and its amendments,
and after perusal of Ministerial Decision 146481 dated 7 Ramadan 1441 [23 April 2020],
and in pursuance of public interest,
hereby decides
First
Ministerial Decision 146481 dated 7 Ramadan 1441 [23 April 2020] issued to amend the Executive Regulation of the Labour Law issued by Ministerial Decision 70273 dated 11 Rabi Al-Thani 1440 [18 December 2018] is hereby amended as follows:
1. Paragraph 7 of clause Second of article 27 is hereby amended to have the following text:
The contract under the flexible work system is subject to the pensions branch and the occupational hazards branch in accordance with the rules and controls set by the General Organization for Social Insurance.
2. Paragraph 8 of clause Second of article 27 is hereby amended to have the following text:
The calculation of nationalisation percentages is subject to the Programme of Incentivising Establishments to Nationalise Jobs “Nitaqat” in accordance with the decisions issued by the programme, and the following controls:
(a) A full point is calculated for the establishment upon the completion of a total of 160 flexible working hours completed for a worker or for a group of workers.
(b) The nationalisation percentages must be calculated in accordance with what the ministry determines for the total number of workers in the establishment.
3. Paragraph 10 of clause Second of article 27 is hereby amended to have the following text:
The working hours that a worker performs under the flexible work system with a single employer that exceeds 95 hours per month are considered overtime working hours. It is permitted by agreement of the parties that these hours are compensated at a wage similar to the basic hourly wage agreed upon in the employment contract, provided that the worker is not made to work for more than 160 hours per month with a single employer.
4. Paragraph 11 of clause Second of article 27 is hereby amended to read as follows:
Subject to the provisions of the employment contract, the worker subject to the flexible work system has the right to approve or reject when he requests to work at any time without taking any action against him.
5. Paragraph 12 of clause Second of article 27 is hereby added with the following text:
The duration of the employment contract under the flexible work system with one employer shall 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 Labour Law.
6. Paragraph 17 of clause Second of article 27 is hereby added with the following text:
The worker under the flexible work system is subject to the provisions of the Labour Law in relation to rest periods.
Second
This decision must be published in the official gazette and in the website of the ministry, and comes into force on the date of its publication.
Third
The Vice Minister for Labor shall take the necessary measures to implement it.
May Allah provide success.
The Minister of Human Resources and Social Development
Ahmad bin Suleiman Al-Rajhi
Issued on: 11 Dhu Al-Qa’dah 1445
Corresponding to: 19 May 2024
Published in Umm Al-Qura 5033 issued on 24 May 2024.