Category: Ministerial Decision

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Ministerial Decision

Ministry of Human Resources and Social Development: Decision 153307 Amendments Regarding the Governance Flexible Work

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 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.

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Ministerial Decision

Saudi Building Code National Committee: Decision 78D/AP/45 Approving the Amendment of the Regulation of the Classification of Saudi Building Code Violations

Arabic

The Minister of Commerce the Chairman of the Board of Directors of the Saudi Standards, Metrology and Quality Organization,

based on the authorities he possesses,

based on article 15 of the Law of the Application of the Saudi Building Code issued by Royal Decree D/43 dated 26 Rabi Al-Thani 1438 [25 December 2016], as amended by Royal Decree D/15 dated 19 Muharram 1441 [19 September 2019],

and in the public interest,

hereby decides

First

The amendment of the Regulation of the Classification of Violations of the Saudi Building Code issued by Ministerial Decision 1214D/AD/39 dated 14 Shawwal 1439 [29 June 2018], is hereby approved as amended by Ministerial Decision 00080 dated 6 Rabi Al-Awwal 1443 [13 October 2021] in the form attached to this decision.

Second

This regulation must be published in the official gazette and comes into force after sixty days from the date of its publication. It repeals all previous decisions in conflict with it until the issuance of a matter that repeals or amends.

Third

This decision must be communicated to those who are required to implement it.

May Allah provide success.

The Minister of Commerce
The Chairman of the Board of Directors of the Saudi Standards, Metrology and Quality Organization
Dr Majid bin Abdullah Al-Qasabi

Issued on: 4 Dhu Al-Qa’dah 1445
Corresponding to: 12 May 2024

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

Categories
Ministerial Decision

Saudi Authority for Accredited Valuers: Decision 500 Approving the Rules Governing the Branch for Vehicle Damage Valuation

Arabic

The Chief Executive Officer of the Saudi Authority for Accredited Valuers,

based on the powers entrusted to him by law,

after perusal of article 28(16) of the Law of Accredited Valuers issued by Royal Decree D/43 dated 9 Rajab 1433 [11 February 2022], which includes the authority of the board of directors of the authority to issue decisions and rules relating to the profession,

and after perusal of article 8(11) of the Powers of the Saudi Authority for Accredited Valuers Regulation issued by the board of directors of the authority decision 3/D/23 dated 6 Muharram 1445 [24 July 2023], which includes the authoriszaton of the chief executive officer of the authority to issue decisions and rules relating to the profession,

hereby decides

First

The Rules Governing the Branch for Vehicle Damage Valuation are hereby approved in the form attached.

Second

All existing assessment centers and all those carrying out vehicle damage assessment work must rectify their status in accordance with the provisions of the rules approved in clause First of this decision.

Third

The rules and decision must be published in the official gazette and come into force from the date of their publication. They repeal any decisions in conflict with them.

Chief Executive Officer
 Engineer Faisal bin Bader Al-Mandeel

Issued on: 4 Dhu Al-Qa’dah 1445
Corresponding to: 12 May 2024

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

Categories
Ministerial Decision

National Center for Waste Management: Decision 5208104 Approving the Criteria and Controls for Request the Exemption of the Activity of Waste Management from the Conditions or Requirements of their Licence, Permit, or Financial Fee

Arabic

The Minister of Environment, Water, and Agriculture,

Chairman of the Board of Directors of the National Center for Waste Management

based on the powers entrusted to him by law,

and based on clause First of Ministerial Decision 332291 dated 18 Shawwal 1443 [26 May 2023], approving the adoption of the executive regulation of the Waste Management Law issued by Royal Decree D/3 dated 5 Muharram 1443 [14 August 2021], and article 25 of the regulation, which stipulates that: “The decision to exempt from some of the conditions or requirements of the licence or its financial fee, or to authorise an initiative or activity, must be issued by a decision by the minister or whoever he authorises,”

and as required by the interest of work,

hereby decides

First

The Criteria and Controls for Requesting the Exemption of the Activity of Waste Management from the Conditions or Requirements of their Licence, Permit, or Financial Fee are hereby approved in the form attached to this decision.

Second

This decision must be published in the official gazette, and comes into force on the date of its publication. It must be communicated to those who are required to adopt and implement it, and it repeals all previous decisions in conflict with it.

May Allah provide success.

The Minister of Environment, Water, and Agriculture
Chairman of the Board of Directors of the National Center for Waste Management Abdulrahman bin Abdulmohsen Al-Fadley

Issued on: 1 Dhu Al-Qa’dah 1445
Corresponding to: 9 May 2024

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

Categories
Ministerial Decision

Authority of People with Disability: Decision 26 Approving the Executive Regulation of the Law of the Rights of Persons with Disabilities

Arabic

The Board of Directors of the Authority of People with Disability,

based on the powers entrusted to it by law,

and based on article 31 of the Law of the Rights of Persons with Disabilities issued by Royal Decree D/27 dated 11 Safar 1445 [28 August 2023], which stipulates that “the board of directors of the authority—after coordination with the relevant authorities—shall issue the regulation within one hundred and twenty days from the date of the issuance of the law.”

hereby decides

First

The Executive Regulation of the Law of the Rights of Persons with Disabilities is hereby approved in the form attached.

Second

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

May Allah provide success.

The Board of Directors of the Authority of People with Disability

Issued on: 29 Shawwal 1445
Corresponding to: 8 May 2024

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

Categories
Ministerial Decision

Ministry of Human Resources and Social Development: Decision 148302 Regarding the Amendment 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 Labour Law issued by Royal Decree D/51 dated 23 Sha’ban 1426 [8 March 2005] and its amendments,

and after perusal of the provisions of the Executive Regulation of the Labour Law and its annexes issued by Ministerial Decision 70273 of 11 Jumada Al-Thani 1440 [11 February 2019] and its amendments,

and in pursuance of the public interest,

hereby decides

First

The Executive Regulation of the Labour Law issued by Ministerial Decision 70273 dated 11 Rabi Al-Thani 1440 [18 December 2018] its amendments is hereby amended as follows:

1. Paragraph 4 of article 38 is hereby amended with the following text:

The Vice Minister for Labour shall establish a centre competent to receive the following:

(a) Considering objections to administrative decisions imposing penalties for work violations submitted by violators.

(b) Considering requests for the settlement of violations submitted by violators as follows:

– With regard to objections to administrative decisions imposing penalties for work violations, its decisions are issued in accordance with the procedures of clauses Five and Six stipulated in article 38 of this regulation.

– With regard to settlements, it submits its recommendations to the minister for approval.

(c) Considering cases of wrongful payment of violations by establishments and issuing an administrative decision to that effect.

(d) The organisational and administrative affiliation of the centre is to the Vice Minister for Labor.

2. Clause Nine is hereby added to article 38 with the following text:

Forming a committee to consider the petition request for decisions of the objections centre. The members of the committee are nominated by a decision by the minister.

Second

This decision must be published in the official gazette and on 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 this decision.

May Allah provide success.

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

Issued on: 29 Shawwal 1445
Corresponding to: 8 May 2024

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

Categories
Ministerial Decision

Ministry of Municipal and Rural Affairs and Housing: Decision 1/4500796124 Approving the Standards for the Fees for Promotional and Advertising Banners

Arabic

Minister of Municipal and Rural Affairs and Housing,

based on the powers entrusted to him by law,

based on the Law of Municipalities and Rural Areas issued by Royal Decree D/5 dated 21 Safar 1397 [11 February 1977],

based on Council of Ministers Decision 31 dated 11 Muharram 1444 [9 August 2022], approved in paragraph 3, which states “the competent minister—their equivalent—shall set the criteria for determining the amount of each fee according to the type of painting, its location, the technology used, the duration of the licence, and other criteria. He may also determine the basis for calculating the fee on a daily, weekly, monthly, and annual basis, based on what he estimates in this regard, provided that it does not exceed the maximum limit set annually, in agreement with the Non-Oil Revenues Development Center.”

after perusal of Ministerial Decision 59264 dated 28 Dhu Al-Qa’dah 1437 [1 September 2016], approving the Determination of the Criteria for Fees for Advertising Billboards and Signboards,   and after agreement with the Non-Oil Revenues Development Center,

hereby decides

First

The Standards for the Fees for Promotional and Advertising Banners are hereby approved in the form attached.

Second

These standards replace the standards for determining the fees for advertising billboards and signboards issued by Ministerial Decision 59264 dated 28 Dhu Al-Qa’dah 1437 [1 September 2016].

Third

The fees mentioned in Ministerial Decision 59264 dated 28 Dhu Al-Qa’dah 1437 [1 September 2016] continue to apply to investment contracts entered between the Amanah/Municipality and investors before the entry into force of these standards, until the end of those contracts.

Fourth

These standards must be published in the official gazette and comes into force forty-five days after the date of publication.

Fifth

This decision must be communicated to those who are required to implement it, and it must be published on the website of the ministry.

May Allah provide success.

Minister of Municipal and Rural Affairs and Housing
Majid bin Abdullah Al-Huqail

Issued on: 26 Shawwal 1445
Corresponding to: 5 May 2024

Published in Umm Al-Qura 5039 issued on 19 July 2024.

Categories
Ministerial Decision

Ministry of Environment Water and Agriculture: Decision 5282817 Approving the Amendment of the Mechanism for Implementing the Controls for Suspending the Cultivation of Green Fodder

Arabic

The Minister of Environment, Water, and Agriculture,

based on the powers entrusted to him by law, with reference to Council of Ministers Decision 39 dated 16 Muharram 1438 [17 October 2016], issued approving the controls for implementing Council of Ministers Decision 66 dated 25 Safar 1437 [8 December 2015] regarding the suspension of the cultivation of green fodder within a period not exceeding three years,

and based on what was presented by the Undersecretary of the Ministry of Agriculture in Letter 5226858 dated 11 Ramadan 1445 [21 March 2024],

and in pursuance of the interest of work,

hereby decides

First

The amendment of paragraph 2 of clause Fifth of the Mechanism for Implementing the Controls for Suspending the Cultivation of Green Fodder issued by Ministerial Decision 74/1 dated 10 Safar 1439 [1 November 2017] is hereby approved to be as follows:

The violations after being intercepted and investigated by agricultural specialists, are referred to the committees that consider violations of the provisions of the Agriculture Law and its executive regulation to impose punishments related to violations of suspending the cultivation of green fodder.

Second

This decision comes into force on the date of its publication in the official gazette, and hereby repeals all previous decisions in conflict with it.

May Allah provide success.

Minister of Environment, Water, and Agriculture
Abdulrahman bin Abdulmohsen Al-Fadley

Issued on: 20 Shawwal 1445
Corresponding to: 29 April 2024

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

Categories
Ministerial Decision

Ministry of Finance: Decision 1171 Approving Template Booklets, Specifications, Contracts, and Framework Agreements

Arabic

The Minister of Finance,

based on the powers entrusted to him by law,

based on Royal Decree D/128 dated 13 Dhu Al-Qa’dah 1440 [16 July 2019], Approving the Government Tenders and Procurement Law,

based on article 13(2) of the Government Tenders and Procurement Law, which stipulates that “the minister shall approve the forms of tender documents, prequalification documents, forms of contracts, forms of evaluating the performance of contractors, and any other document required by the nature of the works or purchases.”

and after perusal of the Ministerial Decisions 1440 dated 12 Rabi Al-Thani 1441 [10 December 2019], 3652 dated 28 Sha’ban 1441 [22 April 2020], 4149 dated 30 Ramadan 1441 [23 May 2020], 709 dated 27 Jumada Al-Awwal 1444 [21 December 2022], 835 dated 2 Rajab 1444 [24 January 2023], 832 dated 21 Jumada Al-Thani 1445 [3 January 2024], and 977 dated 15 Sha’ban 1445 [25 February 2024],

hereby decides

First

The forms of the following booklets of conditions and specifications: (Engineering Services – Supervision, Engineering Services – Design, Consultancy Services, General, Catering Services, Road Construction, General Construction, Operation and Maintenance, Operation and Maintenance of Roads, Supply of Medicines, Supply, Supply of Medical Supplies, Information Technology, City Cleaning, Income Sharing, Military Supply, Operation and Maintenance of Administrative Buildings – Performance-Based Contracting) are hereby amended in accordance with the form attached to this decision.

Second

The following contract forms: (Engineering Services – Supervision, Engineering Services – Design, Consultancy Services, Services, Catering, Road Construction, General Construction, Operation and Maintenance, Operation and Maintenance of Roads, Supply of Medicines, General Supply, Supply of Medical Supplies, Information Technology, City Cleaning, Income Sharing, Military Supply, Operation and Maintenance of Administrative Buildings – Performance-Based Contracting) are hereby amended in accordance with the form attached to this decision.

Third

The forms of the following framework agreements: (General Supply, Services, Consultancy Services) are hereby amended in accordance with the form attached to this decision.

Fourth

This decision must be published in the official gazette, and it must be applied as of 19 May 2024 on the tenders made from this date.

Fifth

This decision must be communicated to the competent entities for implementation and action.

May Allah provide success.

Minister of Finance
Mohammed bin Abdullah Al-Jadaan

Issued on: 20 Shawwal 1445
Corresponding to: 29 April 2024

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

Categories
Ministerial Decision

Saudi Standards, Metrology and Quality Organization: Decision 45415 Adopting the Controls of Inspection and Control Bodies on the Safety of Heavy Equipment

Arabic

Based on Council of Ministers Decision 488 of 24 Sha’ban 1442 [7 April 2021], which includes the approval of the establishment of a center called the “Heavy Equipment Regulatory Center”, with reference to paragraph IV of the aforementioned organizational arrangements, which stipulates: “The center shall have a supervisory committee chaired by the Governor of the Saudi Standards, Metrology, and Quality Organization.”

with reference to paragraph 5 of the aforementioned organizational arrangements, which stipulates: “The Supervisory Committee shall supervise the center and follow up the implementation of its work in order to ensure the achievement of the objective of its establishment.”

with reference to the Supervisory Committee Meeting 5 held on 24 Ramadan 1445 [3 April 2024], Committee Decision 03/05/2024 regarding the Approval of the Controls for the Accreditation of Inspection and Control Bodies on the Safety of Heavy Equipment was issued in accordance with Document HEC-05-24-04-10.

May Allah provide success.

For more details and to peruse documents, please refer to the website of the authority www.saso.gov.sa

Issued on: 17/10/1445
Corresponding to: 26/4/2024

Published in Umm Al-Qura 5029 issued on 26 April 2024.