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Council of Ministers Decision

Ministry of Human Resources and Social Development: Decision 51848 Approving the Amendment of Some Paragraphs of the Executive Regulation of the Labour Law

Arabic

The Minister of Human Resources and Social Development,

based on the powers entrusted to him by law,

after perusal of the provisions of article 11bis, 33, 37, 40, 41, and 77 of the Labor Law issued by Royal Decree D/51 dated 23 Sha’ban 1426 [27 September 2005], amended by Royal Decree D/24 dated 12 Jumada Al-Awwal 1434 [24 March 2013], amended by Royal Decree D/1 dated 22 Muharram 1435 [25 November 2013], amended by Royal Decree D/46 dated 5 Jumada Al-Thani 1436 [25 March 2015], amended by Royal Decree D/14 dated 22 Safar 1440 [31 October 2018], amended by Royal Decree D/134 dated 27 Dhu Al-Qa’dah 1440 [30 July 2019], and amended by Royal Decree D/5 dated 7 Muharram 1442 [26 August 2020],

after perusal of the Executive Regulation of the Labor Law issued by Ministerial Decision 70273 dated 11 Rabi Al-Thani 1440 [18 December 2018], amended by Ministerial Decision 54908 dated 16 Rabi Al-Awwal 1441 [13 November 2019], amended by Ministerial Decision 142906 dated 13 Sha’ban 1441 [6 April 2020], amended by Ministerial Decision 146481 dated 7 Ramadan 1441 [30 April 2020], and amended by Ministerial Decision 3485 dated 7 Muharram 1442 [26 August 2020],

and after perusal of Ministerial Decision 156309 dated 18 Sha’ban 1440 [23 April 2019],

hereby decides

First

The amendment of the Executive Regulation of the Labor Law issued by Ministerial Decision 70273 dated 11 Rabi Al-Thani 1440 [18 December 2018], amended by Ministerial Decision 54908 dated 16 Rabi Al-Awwal 1441 [13 November 2019], amended by Ministerial Decision 142906 dated 13 Sha’ban 1441 [6 April 2020], amended by Ministerial Decision 146481 dated 7 Ramadan 1441 [30 April 2020], and amended by Ministerial Decision 3485 dated 7 Muharram 1442 [26 August 2020], is hereby approved as follows:

1․ Article 14(Second)(1) is hereby amended to read as follows:

The expatriate worker may transfer to another employer without the requirement of a specific period in the event of the approval of the current employer, unless the controls contained in the program to encourage establishments to nationalize jobs (Nitaqat) encourage otherwise.

2․ Article 14(Second)(7) is hereby amended to read as follows:

The expatriate worker may transfer to another employer upon the expiry of the documented employment contract without the approval of the current employer.

3․ A paragraph numbered 21 is hereby added to article 14(Second) with the following text:

Subject to the provisions of article 77 of the law, the expatriate worker may transfer to another employer without requiring the approval of the current employer when the following conditions are met:

(a) That he spent 12 months from the date of his entry into the Kingdom.

(b) That the worker notifies the current employer at least 90 days before the transfer, prior to the termination of the contractual relationship, unless the parties agree otherwise.

Second

This decision must be published in the official gazette and on the website of the ministry, and comes into force on 1 Sha’ban 1442 corresponding to 14 March 2021.

Third

This decision repeals all previous decisions in conflict with it.

Fourth

The Vice Minister for Labor shall take the necessary measures to inform and implement this decision.

May Allah provide success.

The Minister of Human Resources and Social Development Engineer
Ahmad bin Suleiman Al-Rajhi

Issued on: 19 Rabi Al-Awwal 1442
Corresponding to: 5 November 2020

Published in Umm Al-Qura 4857 issued on 13 November 2020.

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Council of Ministers Decision

Council of Ministers: Decision 181 Amending the contracting rules and Work Contract Form on the Distinguished Competencies Program

Arabic

The Council of Ministers

after perusal of Royal Court File 53418 dated 22 Ramadan 1441 [15 May 2020], which includes the Minister of Human Resources and Social Development Telegram 9173 dated 14 Ramadan 1441 [7 May 2020] regarding the report prepared by the ministry on the evaluation of the application of the controls for attracting distinguished competencies and motivating officers in government entities,

after perusal of the Rules for Practicing the Tasks of the Positions of Undersecretaries and Assistant Undersecretaries issued by Council of Ministers Decision 466 dated 29 Sha’ban 1439 [15 May 2018] and its amendments,

after perusal of the Contracting Rules on the Distinguished Competencies Program and the Employment Contract Form on the Distinguished Competencies Program issued by Council of Ministers Decision 119 dated 21 Safar 1440 [30 October 2018] and their amendments,

after perusal of Bureau of Experts at the Council of Ministers Minutes 1434 dated 9 Dhu Al-Hijja 1441 [30 July 2020],

after perusal of Council of Economic and Development Affairs Recommendation 7-44/41/I dated 23 Dhu Al-Hijja 1441 [13 August 2020],

and after perusal of the General Committee of the Council of Ministers Recommendation 1481 dated 4 Rabi Al-Awwal 1442 [21 October 2020],

hereby decides

First

The Contracting Rules on the Distinguished Competencies Program and the Employment Contract Form on the Distinguished Competencies Program issued by Council of Ministers Decision 119 dated 21 Safar 1440 [30 October 2018] are hereby amended as follows:

1․ A paragraph numbered 5 is hereby added to article 1 of the rules, with the following text:

5 The years of experience must not be less than four years after the bachelor’s degree, or two years if he holds a higher qualification.

2․ Article 3(1) of the contract forms is hereby amended, to read as follows:

1 The duration of this contract (……) (Not exceeding three years) starting from the date of commencement of the second party to work, and the contract is renewed for another period or periods with the consent of both parties, and either of them has the right to terminate the contract during its validity or not to renew it after giving notice to the other party at least 90 days from the date of termination or expiry of the contract.

3․ Article 4(4) of the contract form is hereby amended, to read as follows:

4 The first party may, if it deems it appropriate, grant the second party upon renewal of the contract a performance bonus not exceeding 10% of the basic wage, provided that his performance evaluation is not less than “Good”.

4․ Article 9(1) of the contract form is hereby amended, to read as follows:

1 If either party does not comply with the period specified for submitting a notice of termination of the contract or not renewing it, the non-compliant party shall pay the other party compensation equivalent to 60 days wage, without prejudice to the provisions of article 15 of the contract.

Second

The total of those granted a performance bonus must not exceed 5% of the basic wage—based on the Contracting Rules on the Distinguished Competencies Program issued by Council of Ministers Decision 119 dated 21 Safar 1440 [30 October 2018] or the Rules for Practicing the Tasks of the Positions of Undersecretaries and Assistant Undersecretaries issued by Council of Ministers Decision 466 dated 29 Sha’ban 1439 [15 May 2018]—and must not exceed 30% for those whose contracts are renewed with the entity in accordance with any of these rules in that financial year.

The Prime Minister

Issued on: 17 Rabi Al-Awwal 1442
Corresponding to: 3 November 2020

Published in Umm Al-Qura 4857 issued on 13 November 2020.

Categories
Council of Ministers Decision

Council of Ministers: Decision 152 Approving the System of the National Center for the Prevention and Control of Plants and Animal Diseases

Arabic

The Council of Ministers,

after perusal of Royal Court File 47150 dated 7 Sha’ban 1441 [31 March 2020], which includes the Minister of Environment, Water, and Agriculture Telegram 899907-78080-1 dated 27 Rabi Al-Thani 1441 [24 December 2019] regarding the draft System of the National Center for the Prevention and Control of Plants and Animal Diseases,

after perusal of the mentioned draft system,

after perusal of Bureau of Experts at the Council of Ministers Memorandum 1213 dated 28 Dhu Al-Hijja 1441 [18 August 2020],

after perusal of Council of Economic and Development Affairs Recommendation 11-3/42/I dated 15 Muharram 1442 [3 September 2020],

and after perusal of General Committee of the Council of Ministers Recommendation 958 dated 12 Safar 1442 [29 September 2020],

hereby decides

First

The System of the National Center for the Prevention and Control of Plants and Animal Diseases is hereby approved in the form attached.

Second

As an exception to the provisions of article 9(2) of the system referred to in clause First of this decision, the first financial year of the center begins from the date of entry into force of the system and ends at the end of the next financial year of the state.

Third

The Minister of Environment, Water, and Agriculture is hereby authorized to exercise all the powers of the Board of Directors of the National Center for the Prevention and Control of Plants and Animal Diseases and the powers of the chief executive officer stipulated in the system, until the board of directors is formed with regard to the mandates of the board and the chief executive officer is appointed with regard to his mandates, provided that this does not exceed three months from the date of approval of the system of the center. The members of the board of directors shall, at its first meeting, be informed of the decisions taken before the formation of the board and the commencement of its tasks. It may delegate some of these powers to any of the ministry personnel or the center.

Fourth

The Ministry of Environment, Water, and Agriculture continues for a period not exceeding 12 months from the date of approval of the system of the center, to exercise the mandates and tasks related to plants and animal diseases and their control, provided that the center shall exercise those mandates and tasks in accordance with the issuance of decisions (or a decision) by its board of directors regarding their implementation after its readiness for them or for any of them.

Fifth

A committee must be formed under the chairmanship of the Ministry of Environment, Water, and Agriculture, and the membership of each of: The Ministry of Finance, the Ministry of Human Resources and Social Development, and the National Center for the Prevention and Control of Plants and Animal Diseases, to identify, inventory, and transfer the assets, officers, budgets, projects, programs, and initiatives related to the center from the Ministry of Environment, Water, and Agriculture to the center, within 12 months from the date of approval of the system of the center.

Sixth

The Ministry of Environment, Water, and Agriculture shall take the necessary measures to abolish its center for the control of locusts and pests, after completing the transfer of its mandates to the National Center for the Prevention and Control of Plants and Animal Diseases.

The Prime Minister

Issued on: 3 Rabi Al-Awwal 1442
Corresponding to: 20 October 2020

Published in Umm Al-Qura 4855 issued on 30 October 2020.

Categories
Council of Ministers Decision

Council of Ministers: Decision 135 Amending the name of the Supreme Equestrian Authority to become the Equestrian Authority

Arabic

The Council of Ministers,

after perusal of Royal Order 63054 dated 24 Dhu Al-Qa’dah 1441 [15 July 2020] approving the amendment of the name of the Supreme Equestrian Authority to become the Equestrian Authority, and Royal Court File 65077 dated 4 Dhu Al-Hijja 1441 [25 July 2020] regarding the formation of the Board of Directors of the Equestrian Authority,

after perusal of Royal Order O/711 dated 24 Dhu Al-Qa’dah 1441 [15 July 2020],

after perusal of Royal Order 63054 dated 24 Dhu Al-Qa’dah 1441 [15 July 2020],

after perusal of the System of the Supreme Equestrian Authority issued by Council of Ministers Decision 576 dated 5 Ramadan 1441 [28 April 2020],

after perusal of Bureau of Experts at the Council of Ministers Memorandum 1102 dated 2 Dhu Al-Hijja 1441 [23 July 2020] and Memorandum 41 dated 8 Muharram 1442 [27 August 2020],

after perusal of Council of Economic and Development Affairs Recommendation 14-1/42/I dated 1 Muharram 1442 [20 August 2020],

and after perusal of General Committee of the Council of Ministers Recommendation 980 dated 13 Safar 1442 [30 September 2020],

hereby decides

First

The name of the Supreme Equestrian Authority is hereby amended to the Equestrian Authority.

Second

The System of the Equestrian Authority issued by Council of Ministers Decision 576 dated 5 Ramadan 1441 [28 April 2020] is hereby amended as follows:

1․ Replacing the phrase Supreme Equestrian Authority with the phrase Equestrian Authority wherever it appears.

2․ Amending article 4 of it to read as follows:

A board of directors must be formed for the authority consisting of a chairman and a deputy chairman appointed by royal order, and the membership of each of:

1 Chairman of the board of directors of the jockey club.

2 Chairman of the Saudi Arabian Equestrian Federation.

3 Chairman of the Board of Directors of the King Abdulaziz Arabian Horse Center.

4 Chairman of the Board of Directors of the Saudi Polo Federation.

5 A representative from the Ministry of Finance.

6 A representative from the Ministry of Environment, Water, and Agriculture.

7 A representative from the Ministry of Municipal and Rural Affairs.

8 A representative from the Ministry of Sport.

9 A representative from the General Authority of Customs.

10 Members, not less than three, appointed by a decision of the Council of Ministers based on a proposal from the chairman of the board, and the term of their membership is three years, renewable once, provided that they include experts or specialists in the equestrian fields.

The ranks of the representatives of government agencies must not be less than the 14th or its equivalent.

3․ Amending the end of article 5 of it, by adding the phrase “or his deputy” after the phrase “and the board may delegate to its chairman”.

4․ Amending paragraph 1 of article 6 of it, by replacing the phrase “or whoever he delegates” with the phrase “or his deputy”.

The Prime Minister

Issued on: 26 Safar 1442
Corresponding to: 14 October 2020

Published in Umm Al-Qura 4854 issued on 23 October 2020.

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Council of Ministers Decision

Council of Ministers: Decision 141 Approving the Amendment to the Opening Paragraph of Article 24 of the Law of the Public Investment Fund

Arabic

after perusal of Royal Court File 5096 dated 27 Muharram 1442 [15 September 2020], which includes the Governor of the Public Investment Fund Letter 3037 dated 10 Jumada Al-Thani 1441 [4 February 2020] regarding the request to amend article 24 of the law of the fund,

after perusal of the Law of the Public Investment Fund issued by Royal Decree D/92 dated 12 Sha’ban 1440 [17 April 2019],

after perusal of Bureau of Experts at the Council of Ministers Memorandum 1017 dated 17 Dhu Al-Qa’dah 1441 [8 July 2020],

after perusal of Council of Economic and Development Affairs Recommendation 14-42/41/I dated 2 Dhu Al-Hijja 1441 [23 July 2020],

after considering Shura Council Decision 315-54 dated 26 Muharram 1442 [14 September 2020],

and after perusal of General Committee of the Council of Ministers Recommendation 1209 dated 24 Safar 1442 [11 October 2020],

hereby decides

The amendment of the preamble of article 24 of the Law of the Public Investment Fund issued by Royal Decree D/92 dated 12 Sha’ban 1440 [17 April 2019] is hereby approved by replacing the phrase “within 210 days from the end of the financial year of the fund” with the phrase “within 150 days from the end of the financial year of the fund.”

A draft royal decree has been prepared in the form attached.

The Prime Minister

Issued on: 26 Safar 1442
Corresponding to: 14 October 2020

Published in Umm Al-Qura 4854 issued on 23 October 2020.

Categories
Council of Ministers Decision

Council of Ministers: Decision 69 Approving the Memorandum of Understanding between the National Center for Documents and Archives of the Kingdom of Saudi Arabia and the National Archives of the Republic of Tunisia in the Field of Documents and Archives

Arabic

The Council of Ministers,

after perusal of Royal Court File 61890 dated 18 Dhu Al-Qa’dah 1441 [9 July 2020], which includes the General Supervisor of the National Center for Documents and Archives Letter 430-1 dated 25 Jumada Al-Awwal 1441 [20 January 2020], regarding the draft Memorandum of Understanding between the National Center for Archives and Records in the Kingdom of Saudi Arabia and the National Archives in the Republic of Tunisia in the Field of Documents and Archives,

after perusal of the mentioned draft memorandum,

after perusal of Council of Ministers Decision 73 dated 25 Muharram 1441 [24 September 2019],

after perusal of Bureau of Experts at the Council of Ministers Memorandum 585 dated 7 Sha’ban 1441 [31 March 2020],

after considering Shura Council Decision 270-47 dated 8 Dhu Al-Qa’dah 1441 [29 June 2020],

and after perusal of General Committee of the Council of Ministers Recommendation 8335 dated 16 Dhu Al-Hijja 1441 [6 August 2020],

hereby decides

The Memorandum of Understanding between the National Center for Archives and Records in the Kingdom of Saudi Arabia and the National Archives in the Republic of Tunisia in the Field of Documents and Archives signed on 11 Jumada Al-Awwal 1441 [6 January 2020] is hereby approved in the form attached.

A draft royal decree has been prepared in the form attached.

The Prime Minister

Issued on: 27 Muharram 1442
Corresponding to: 15 September 2020

Published in Umm Al-Qura 4850 issued on 25 September 2020.

Categories
Council of Ministers Decision

Council of Ministers: Decision 70 Amending the Opening Paragraph of Article 14 of the System of the Saudi Red Crescent Authority

Arabic

The Council of Ministers,

after perusal of Royal Order 120 dated 1 Muharram 1442 [20 August 2020], which includes the completion of the legal procedures for amending article 14 of the System of the Saudi Red Crescent Authority, so that the appointment of the president of the authority is by a decision by the board of directors of the authority after the approval of the Prime Minister, and the decision must specify his remuneration and financial benefits,

after perusal of the System of the Saudi Red Crescent Authority issued by Council of Ministers Decision 213 dated 11 Rajab 1432 [13 June 2011],

after perusal of Council of Ministers Decision 217 dated 11 Rabi Al-Thani 1438 [9 January 2017],

after perusal of Bureau of Experts at the Council of Ministers Memorandum 115 dated 22 Muharram 1442 [10 September 2020],

and after perusal of General Committee of the Council of Ministers Recommendation 562 dated 22 Muharram 1442 [10 September 2020],

hereby decides

The preamble of article 14 of the System of the Saudi Red Crescent Authority issued by Council of Ministers Decision 213 dated 11 Rajab 1432 [13 June 2011] is hereby amended to read as follows:

The authority must have a president who is appointed by a decision by the board of directors of the authority after the approval of the Prime Minister. The decision must specify his remuneration and financial benefits.

The Prime Minister

Issued on: 27 Muharram 1442
Corresponding to: 15 September 2020

Published in Umm Al-Qura 4850 issued on 25 September 2020.

Categories
Council of Ministers Decision

Council of Ministers: Decision 73 Approving the System of the Tourism Development Council

Arabic

The Council of Ministers,

after perusal of Royal Court File 51188 dated 6 Ramadan 1441 [29 April 2020], which includes the Minister of Tourism Letter 10642 dated 4 Ramadan 1441 [27 April 2020] regarding the draft System of the Tourism Development Council

after perusal of the mentioned draft system,

after perusal of the National Tourism Strategy issued by Council of Ministers Decision 82 dated 25 Muharram 1441 [24 September 2019],

after perusal of Bureau of Experts at the Council of Ministers Minutes 1425 dated 2 Dhu Al-Hijja 1441 [23 July 2020],

after perusal of Council of Economic and Development Affairs Recommendation 11-43/41/D dated 9 Dhu Al-Hijja 1441 [30 July 2020],

and after perusal of the General Committee of the Council of Ministers Recommendation 565 dated 24 Muharram 1442 [12 September 2020],

hereby decides

The System of the Tourism Development Council is hereby approved in the form attached.

The Prime Minister

Issued on: 27 Muharram 1442
Corresponding to: 15 September 2020

Published in Umm Al-Qura 4850 issued on 25 September 2020.

Categories
Council of Ministers Decision

Council of Ministers: Decision 72 Establishing the Red Sea Tourism Authority

Arabic

The Council of Ministers,

after perusal of the file included in Royal Order 62645 dated 22 Dhu Al-Qa’dah 1441 [13 July 2020],

which includes the Minister of Tourism Letter 11563 dated 4 Dhu Al-Qa’dah 1441 [25 June 2020] regarding the approval of the proposal to establish an authority named the Red Sea Tourism Authority,

after perusal of Bureau of Experts at the Council of Ministers Memorandum 1166 dated 21 Dhu Al-Hijja 1441 [11 August 2020],

after perusal of Council of Economic and Development Affairs Recommendation 30-2/42/D dated 8 Muharram 1442 [27 August 2020],

and after perusal of General Committee of the Council of Ministers Recommendation 564 dated 24 Muharram 1442 [12 September 2020],

hereby decides

First

The establishment of the Red Sea Tourism Authority is hereby approved.

The Ministry of Tourism shall prepare the draft organizational arrangements for the authority referred to in clause First.

Second

A decision in light of the content of Royal Order 62645 dated 22 Dhu Al-Qa’dah 1441 [13 July 2020] must be made, and the findings must be reported.

The Prime Minister

Issued on: 27 Muharram 1442
Corresponding to: 15 September 2020

Published in Umm Al-Qura 4850 issued on 25 September 2020.

Categories
Council of Ministers Decision

Council of Ministers: Decision 75 Adopting the Unified Saudi Classification for Educational Levels & Specializations

Arabic

The Council of Ministers,

after perusal of Royal Court File 54340 dated 28 Ramadan 1441 [21 May 2020], which includes the Minister of Education Telegram 91194 dated 26 Ramadan 1441 [19 May 2020], regarding the final minutes of the technical team to prepare a standard Saudi classification of educational levels and specializations,

after perusal of the Standard Saudi Classification of Educational Levels and Specializations based on the updated International Standard Classification of Education ISCED (11 and 13) issued by Council of Ministers Decision 701 dated 26 Dhu Al-Hijja 1440 [27 August 2019],

after perusal of Bureau of Experts at the Council of Ministers Memorandum 1022 dated 18 Dhu Al-Qa’dah 1441 [9 July 2020],

after perusal of Council of Economic and Development Affairs Recommendation 37-43/41/I dated 9 Dhu Al-Hijja 1441 [30 July 2020],

and after perusal of General Committee of the Council of Ministers Recommendation 231 dated 11 Muharram 1442 [30 August 2020],

hereby decides

First

The Standard Saudi Classification for Educational Levels and Specializations is hereby adopted in the form attached.

Second

Ministries and government agencies shall apply the classification—referred to in clause First of this decision—in their internal regulations within 12 months from the date of this decision.

Third

A permanent technical committee must be formed in the Ministry of Education with the membership of representatives from: The Ministry of Human Resources and Social Development, the General Authority for Statistics, the Education and Training Evaluation Commission, the Saudi Commission for Health Specialties, the Saudi Council of Engineers, the Saudi Organization for Chartered and Professional Accountants, the Saudi Bar Association, the Technical and Vocational Training Corporation, the General Secretariat of the Military Service Council, and the National Information Center, to undertake the following tasks:

1․ Managing future updates to the Standard Saudi Classification of Educational Levels and Specializations, based on matters received from ministries, government agencies, and educational and training institutions.

2․ Cooperating and coordinating with ministries and government agencies regarding the process of applying the classification in the technical field.

3․ Holding meetings and working sessions to introduce and raise awareness of the classification.

4․ Preparing its work rules, and submitting them to the Minister of Education for approval.

The committee may invite whomever it deems appropriate from other entities to participate in the topics it is working on.

The Prime Minister

Issued on: 27 Muharram 1442
Corresponding to: 15 September 2020

Published in Umm Al-Qura 4854 issued on 23 October 2020.