In each labor office in the Kingdom, a department for amicable settlement of labor disputes is established, called the "Amicable Settlement Department." Depending on the circumstances, the headquarters of this department may be located within the premises of the primary authority. Its jurisdiction is to amicably settle labor disputes between the parties before presenting them to the primary authorities for the resolution of labor conflicts.
In consideration of the provisions of Article (23) of the Regulation concerning litigation and reconciliation procedures, the labor lawsuit shall be filed through the competent Labor Office in accordance with a model lawsuit form prepared by the Ministry, which may be in paper or electronic format as appropriate.
If the matter involves a collective dispute, the parties to this dispute must appoint one or more representatives, with a maximum of three, to represent them in filing the lawsuit and attending the amicable settlement sessions, as well as all necessary actions to complete it.
The amicable settlement departments register the lawsuits that occur within the jurisdiction of the Labor Office or within their own jurisdiction. They are required to take the necessary procedures to verify the status of the plaintiff and to complete all relevant forms, and then proceed with the amicable settlement of the contest.
Claims may not be registered nor may amicable settlement proceedings be initiated if the place of work is not located within the headquarters of the Primary Commission or within its territorial jurisdiction. When the Plaintiff approaches a labor office that is not competent, it is required - after obtaining his acknowledgment of the place of work and before resorting to amicable settlement - to inform him (in writing) of the lack of territorial jurisdiction and refer him to the competent labor office. If he insists, the case shall be referred from the Amicable Settlement Department to the Primary Commission to decide on the territorial jurisdiction.
The Department of Amicable Settlement must, after the Case Registry, attempt to resolve the matter amicably before referring it to the Primary Authority for the Settlement of Labor Disputes. It may, upon the request of the parties or their representatives, assign the reconciliation process to one of the experienced individuals known for their integrity and honesty registered with the Department of Amicable Settlement.
It is required to obtain a special license from the Ministry to practice the task of amicable settlement in labor disputes, which includes the licensee's commitment to carry out reconciliation activities based on the provisions established in this Decision, and in accordance with the procedures and regulations set by the Ministry for this purpose.
It is required that anyone who undertakes amicable settlement - whether they are employees of the Ministry or others - must be qualified to work in this field, be recognized for their integrity and honesty, and must not have been convicted of a crime that undermines honor or trust.
The Conciliation Administration may seek the assistance of experts, specialists, and professionals in various fields of work, to contribute to the resolution of labor disputes presented to it.
If labor claims are filed regarding disputes that have previously been agreed upon under an arbitration clause, the Reconciliation Administration must refrain from proceeding with the settlement procedures, provided that the Defendant raises this objection before entering into the subject of the dispute. If the Defendant does not raise this objection before entering into the subject, it shall be considered a waiver of the arbitration clause concerning the dispute presented to the amicable settlement administration. In this case, the amicable settlement administration has the right to continue with the settlement procedures.
The Department of Amicable Settlement must determine - in the presence of the Claimant - a date not exceeding one week to commence the amicable settlement sessions, which shall be communicated to the other Party along with a copy of the Statement of Claim in accordance with the provisions set forth in the Regulation concerning litigation and reconciliation procedures. If the amicable settlement is not achieved within (21) days from the date of Case Registry, the Department of Settlement must refer the Dispute to the competent Primary Authority for the Resolution of Labor Disputes, unless both Parties agree to extend this period to another date.