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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.

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 Human Resources and Social Development: Decision 40676 Adopting the Regulation of Domestic Workers and Their Equivalent

Arabic Auto Translate

Issued on: 17/3/1445
Corresponding to: 2/10/2023

Published in Umm Al-Qura 5001 issued on 6 October 2023.