Implementing Regulation of the Labor Law

Article 1

  • In the implementation of the provisions of (Article Six) of the Law:

    • 1. If both parties continue in either the temporary Work Contract or the casual Work Contract for a period exceeding ninety days, the temporary Work Contract or the casual Work Contract shall convert into a Work Contract subject to all provisions of the Labor Law, regardless of the name of the work visa under which the employee was brought - if they are a foreigner - and the duration of the residency granted to them under it.

    • 2. Labor courts are competent to consider disputes that may arise between the parties in both the casual Work Contract, seasonal Work Contract, and temporary Work Contract.

Article 2

(Cancelled)

Article 3

In implementing the provisions of paragraph (1) of (Article Twelve) of the Law, the unified model for the Regulation of Labor Organization is adopted, in the form attached to this Regulation (Appurtenance No. 1).

Article 4

1. In implementing the provisions of paragraph (2) of (Article Twelve) and the provisions of paragraph (2) of (Article Thirteen) of the Law, establishments must prepare a specific work organization regulation, which must be reviewed and certified by the approved law firms listed on the Ministry's website. The firm will then ensure that it does not conflict with the provisions of the Labor Law, its executive regulations, and its annexes, as well as the decisions issued in implementation thereof, and then submit it to the relevant authority at the Ministry according to the procedures it determines. Establishments with fewer than fifty employees may choose the unified model for the work organization regulation electronically without making any modifications or additions to it through the Ministry's website, and follow the required steps until it is approved, and an electronic certificate is issued accordingly.

2. Establishments that have previously approved a specific work organization regulation are exempt from preparing a new work organization regulation according to the attached unified model if all the articles contained therein comply with the Labor Law, this regulation, the unified model for the work organization regulation, and the decisions issued under it. If it contains articles that conflict with that, those articles are considered null and void, and the establishment must amend those articles to comply with the Labor Law, this regulation, the unified model for the work organization regulation, and the decisions issued under it according to the two procedures above in paragraph (1-2) of this article.

Article 4 bis

In implementing the provisions of (Article Fifteen) of the Law, establishments must update their data through the platform approved by the Ministry in the event of any change in their address or data, within a period not exceeding ten (10) days from the date of the change.

Article 5

  • In implementing the provisions of (Article Seventeen) of the Law, the employer must include in the records, documents, and files kept at the workplace - whether paper or electronic - the following data:

    • 1. List of Employee Names: Contains data on the names of the establishment's employees, their professions, ages, nationalities, identification numbers, work permit numbers for non-Saudis, and their dates.

    • 2. List of Employee Salaries: Contains data on employee salaries, the dates they received them, deductions from the salary, and the reason for the deduction.

    • 3. Record of Fines: Contains a statement with the employee's name, salary amount, the amount of the fine imposed on them, and the reason and date of its imposition.

    • 4. Attendance and Departure Record: Contains the time the employee arrives at work, the time they leave the workplace, and any other data the employer wishes to include.

    • 5. Record of Training for Saudis: Contains the name of the training program, its type, duration, year of training, and the number and names of employees who were trained, along with their percentage of the total employees.

    • 6. Medical Examination Record for Employees in Establishments Suspected of Occupational Diseases: Contains a statement of the names of employees who were examined, the date of examination, and the results.

    • 7. Work File for Each Employee: Contains their data, address, a copy of the Work Contract, and any certificates or documents they provide to the employer.

Article 6

In implementing the provisions of (Article Twenty) of the Law, the employer is prohibited from retaining the passport of the non-Saudi employee, or their residency permit, or their health insurance card.

Article 7

In implementing the provisions of Articles (22, 23, 24, and 25) of the Law, there shall be joint coordination between the Ministry and the Human Resources Development Fund to activate and support the employment channels of the Fund to fulfill their role in employing national labor, qualifying and training them, encouraging them to work in the private sector, and replacing them with non-Saudi workers.

Article 8

In implementing the provisions of paragraph (2) of (Article Twenty-Six) of the Law, the rates of localization that must be achieved by establishments are determined through programs established by the Ministry; through which the localization rates for each activity in the private sector are monitored, and all or some of the Ministry's services are withheld from establishments that do not achieve the specified localization rate; such as the program to incentivize establishments to localize jobs (Nitaqat); provided that the Ministry updates these programs periodically as needed.

Article 9

  • In the implementation of the provisions of (Article Twenty-Eight) of the Law:

    • 1. A person with a disability is defined as any individual who is proven, through a medical report issued by the Ministry of Health or hospitals in other government sectors, or through one of the identification cards issued by the Ministry of Human Resources and Social Development, to have a permanent disability or more than one of the following disabilities: visual impairment, hearing impairment, mental impairment, physical impairment, motor impairment, learning difficulties, speech and language difficulties, behavioral disorders, emotional disorders, autism, or any other disability that requires one of the forms of arrangements and facilitative services.

    • 2. Facilitative arrangements and services refer to engineering modifications and adapting the conditions and environment of work according to the standards stipulated in Chapter Two of the Architectural Requirements Volume in the Saudi Building Code, and any of the arrangements specified in the attached guideline table of this Regulation (Appendix No. 2) when they are necessary and essential to enable the person with a disability to perform their job duties.

    • 3. The ability to work refers to the fulfillment of the person with a disability of the conditions for occupying the job or the work they are applying for, including the scientific and/or professional and/or skill requirements or other requirements to enable them to perform their job duties.

    • 4. To count a person with a disability as more than one under the Program for Incentivizing Enterprises to Localize Jobs (Nitaqat), the following is required:

      • A. The person with a disability must obtain an identification card from the Ministry of Human Resources and Social Development indicating the type and degree of disability.

      • B. The tasks and nature of the job held by the employee with a disability must align with the type and degree of their disability.

    • 5. Every employee is entitled to benefit from the necessary facilitative services and arrangements to enable them to perform their job duties if it is proven through a medical report issued by the authorities specified in item (1) of this article that they have a disease or disability that does not incapacitate them from work for a period exceeding one hundred and twenty days from the date of injury.

    • 6. Employees with disabilities enjoy all the rights and benefits of other employees stipulated in the Labor Law, this Regulation, or the Work Organization Regulation of the establishment.

    • 7. Disability itself shall not be a reason to refuse the employment of persons with disabilities, or their promotion, or their benefit from vocational training programs if the condition of the ability to work is met according to the definition provided in item (3) of this article.

    • 8. Discrimination in wages between employees based on disability is not permissible, and this is an undesirable act.

    • 9. The establishment shall retain data regarding the number of employees with disabilities, the nature of their work, their wages, and the types of arrangements and facilitative services provided to them, and this data must be disclosed to labor inspectors upon request.

    • 10. Job applications submitted by persons with disabilities shall be in accordance with the forms and regulations in force at the Human Resources Development Fund.

    • 11. The establishment that employs persons with disabilities is obligated to comply with the spatial requirements and facilitative services stipulated in the attached guideline table of this Regulation (Appendix No. 2).

    • 12. Labor inspectors, when conducting inspection visits to establishments, must verify the number of employees with disabilities, the nature of their work, and the type of arrangements and facilitative services provided to them.

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