Implementing Regulation of the Social Insurance Law - 1445

Chapter 1: General Provisions

Article 1

  • The following phrases and terms - wherever they appear in this Regulation - shall have the meanings specified next to each, unless the context requires otherwise:

    • Law: Social Insurance Law.

    • Regulation: Implementing Regulation of the Law.

    • Organization: General Organization for Social Insurance.

    • Board of Directors: Board of Directors of the Organization.

    • Governor: Governor of the Organization.

    • Employer: Any natural or legal person who employs one or more Employees for a wage or salary.

    • Establishment: The legal entity through which the Employer conducts its activity, bearing its name or the trade name of this activity.

    • Employee: Any natural person holding a public civil position in the state or performing its tasks, regardless of the nature of their work or job title; for a salary.

    • Worker: Any natural person working for the benefit of an Employer and under their management or supervision for a wage.

    • Subscriber: Anyone subject to any of the branches of social insurance or savings programs or insurance products.

    • Compensations: The benefits provided by each branch of social insurance or savings programs or insurance products to the Subscriber, whether those benefits are monetary or non-monetary.

    • Unemployment: The loss of the Worker or Employee's job for reasons beyond their control while being able and willing to work and actively seeking employment.

    • Specialized Medical Committee: The medical committees stipulated in Article (Fifty) of the Law.

Article 2

  • The application of the branches of social insurance stipulated in Article (3) of the Law shall be implemented in phases determined by a decision of the Board of Directors.

Article 3

  • In applying the provisions of Article (6) of the Law and Article (2) of the Regulation, and taking into account the provisions of Articles (14), (28), and (43) of the Law, the following shall be observed:

    • 1- The following categories are subject to the provisions of the branches of social insurance:

      • A- Employees who work in agricultural, forestry, or pastoral activities: This refers to anyone who works in forests, farming land, guarding crops, operating agricultural machinery, or repairing it if they belong to any of the following categories:

        • 1- Those subject to the Labor Law.

        • 2- Employees in agricultural establishments that manufacture their products.

        • 3- Employees in government entities, authorities, and public institutions.

        • 4- Employees in companies established under the provisions of the Companies Law or the Foreign Investment Law.

        • 5- Employees in individual establishments.

        • 6- Seafarers: This refers to employees who work on maritime vessels for transport or fishing if they belong to any of the following categories:

        • 7- Those subject to the Labor Law.

        • 8- Employees at the employer's premises, who have taken maritime work or fishing as a profession.

        • 9- Employees in maritime establishments that manufacture what their vessels catch, and the governor shall define the concept of manufacturing intended in this paragraph.

        • 10- Employees in government entities, authorities, and public institutions.

        • 11- Employees in companies established under the provisions of the Companies Law or the Foreign Investment Law.

        • 12- Employees in individual establishments.

        • 13- Employees who work in international diplomatic, political, or military missions.

        • 14- Saudi players and coaches of clubs and sports federations are subject to the pension branch and the unemployment insurance branch.

      • 2- The governor shall determine by his decision the controls and procedures necessary for the application of this article.

Article 4

  • The governor specifies the documents, forms, and standards necessary for the implementation of the provisions of the law and the regulation, as well as the deadlines for their submission. The governor may waive the requirement to submit documents and forms if the institution has the data of those documents or forms by any means that aligns with the proper functioning of the institution.

Article 5

  • The governor may require any of the parties subject to the provisions of the regulation to interact with the institution electronically.

Chapter 2: Registration and Participation

Article 6

  • In applying the provisions of Article (7) of the Law, the following shall be observed:

    • A- Every employer whose establishment meets the conditions for applying the provisions of the Law, in accordance with the decisions issued, must submit to the institution the following:

    • B- A request to register his establishment according to the approved form for that purpose, and this form shall be prepared for each activity related to it, treated as an independent establishment in accordance with the provisions of paragraph (1) of Article (11) of the Regulation, and submitted within a period not exceeding (10) days from the date of fulfilling the conditions for compliance with the Law.

    • C- Data of the employees or staff according to the approved forms for that purpose, along with the necessary documents, to be submitted no later than the last day of the month in which each employee or staff member joins.

    • D- The employer - after registering his establishment and the employees or staff according to the provisions of paragraph (1) of this Article - must comply with the following:

    • E- Notify the institution of every new employee or staff member who joins the work according to the approved form for that purpose, along with the necessary documents, to be notified immediately upon the employee or staff member joining the work and no later than the last day of the month of their joining.

    • F- Notify the institution of every employee or staff member who leaves the work according to the approved form for that purpose, to be notified immediately upon the employee or staff member leaving the work and no later than the last day of the month of their departure, and the institution may exclude the employee or staff member in cases where it is proven that the employment relationship between the employer and the employee or staff member has ended.

    • G- Notify the institution of any change that occurs in the data provided about the employees or staff, to be notified immediately upon the occurrence of that change and no later than the last day of the month in which that change occurred.

    • H- Notify the institution of any change that occurs in the type of activity being practiced or its legal form, or any change in the data related to it, otherwise, the employer shall be responsible for the consequences resulting from the failure to notify or the delay in doing so, to be notified immediately upon the occurrence of the change and no later than (10) days from the date of that change.

    • I- The employee or staff member has the right to notify the institution of their joining or leaving the work and request their registration or exclusion - as applicable - if the employer fails to do so, to be notified immediately upon the expiration of the specified period for the employer to register or exclude the employees or staff members as stipulated in subparagraph (B) of paragraph (1) and subparagraphs (A) and (B) of paragraph (2) of this Article - as applicable - and no later than the last day of the month following the month of the expiration of that period.

    • J- Without prejudice to the provisions of paragraphs (1), (2), and (3) of this Article, the following shall be observed:

      • A- The date of entry of the non-Saudi employee recruited to the Kingdom, or the date of transfer of their service to the employer - as applicable - according to the documents issued by the competent authority is considered the date of their joining the work, and they are considered registered as of the date their data is received by the institution, with the employer being obliged to provide data on the wages subject to subscription no later than the last day of the month in which the employee joins the work.

      • B- The date of the final exit of the non-Saudi employee from the Kingdom or the transfer of their service to another employer or their death according to the documents issued by the competent authority is considered the date of leaving the work, and they are considered excluded as of the date their data is received by the institution, with the employer being obliged to verify their exclusion within the period specified in subparagraph (B) of paragraph (2) of this Article.

      • C- For the purposes of applying the provisions of the Law and the Regulation; it is necessary to have the required documents, forms, and standards for the registration of establishments and any periods of subscription for employees or staff.

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