In a public lecture in Asharqia Chamber
The Legal consultant of the branch
of the Ministry of Labour and Social Development Mahmoud Issam Affendi said
that the modifications in the ministry Systems has included decree 78 and gave
the right for the worker to be absent in the period of the warning a full day
with a full payment, and the employer can omit it during the period of the
warning of work and the payment other than what it was previously, as this decree permits the worker to be dismissed
from work without a legitimate reason to ask for it back to work and
consideration by the settlement of labor disputes.
Mentioned
in a public lecture that was held on Monday (February
6, 2017) in the headquarters of Asharqia Chamber titled (the recent modification to the Saudi Labor Law), stressing that
some of the dismissals to the presence of the personalization of the
relationship between the worker and the employer, stressing the need for a
legal provision that require employers to work according to the existence of a desire among institutions
to retract and prevents the absence of a binding legal context.
He
explained that the ministry systems are to organize the internal relationship
between the worker and the employer, which includes a variety of topics such as
continuity, incentives and rewards, so these systems have witnessed many
changes determined by the interest of all parties.
He
said that the modifications include many topics including the seventh decree of
the special groups excluded from the labor system, including farmers category, that
are dealt with under the new system, such as domestic workers.
He
said that decree 77 of
the rules, which raised considerable controversy in recent times and that
relate to termination illegal it was stipulated that the party that was harmed
by the right to compensation assessed by the settlement of differences in the financial
and the potential damages, while the new modifications provided that
"unless the contract includes compensation
is checked against the termination for the illegal compensation is paid 15 days
for each year of service of the contract is a fixed term, and the payment the
remaining term of the contract if the fixed term contract, the compensation not
less in both cases for wage actual factor (not basic) for two months.
He
said that this would serve the parties, Reparation is already in the system is
based on estimates, and may not equate eligible despite the equal service
periods.
He
said that the modifications include decree 11 on the responsibility to employers
if the employer to finish any work to be responsibility, as well as decree 35,
which deals with the subject of work permition for the non Saudi, previously that
the license renewal for the lack of a career for a Saudi, this was waived
to the presence of resettlement and Saudization decisions under the domain
system, as well as decree 43
which states the training ratio of 6% per annual for Saudis workers, that have been modified to become a percentage of 12% of
the total workforce, with the aim of training and qualifying support, and the
case itself, decree 48 concerning training contracts that the
employer gives the required working period concerned to work for training, in
the former regime employer is entitled to benefit from working for a year or
two of training, whichever is longer, the new modification necessary factor to
compensate all expenses for the remaining period in the event of his refusal to
work, and the period is less than a year .
Turning
to decree 52, of the standard work of the ministry held and give
the parties the right to any addition, they shall not be contrary to the system
and that unlike the former, where it's been expanded each institution to
formulate a special contract.
He
noted that the experience of the worker was under the regime of not more than
90 days, while the new system passed extended to 180 days at the most,
explaining that some professions do not could last 90 days of the experiment,
thus the system has allowed a greater opportunity.
Decree
55 stated that the Saudi worker contract becomes indefinite if renovated three
times, or four year whichever is less, as opposed to last the duration of the
renewal or twice in a row was the original term of the contract with the
refurbished three years. He explained that defined the decade period
ends with the end of the period, resulting in compensation, he said that the
end of service benefits for a fixed-term contract is complete, and is not worth
the reward defined by the length of service.
And
Article 64 concerning about the subject service certificate, which is awarded
to the worker in the event of the end of his relationship with the employer,
which states be fitted due to the end of the relationship, while the new
amendment prohibits guarantee certificate of anything is bad for the worker and
reduces the chances of getting on the field work of another.
He
pointed that decree 73 on
the subject of labor sanctions, and the change imposes that such fines will be
directed to the benefit of workers, or be within the business condition, but
contrary to the system.
Regarding
the transfer of the place of work in decree 58 modification that transport is
only permissible with the consent and approval worker came, the employer shall
bear all transport and accommodation expenses and so forth, opposite of the former, which allocates
that it can be in the case of the damage only. At
the end of the lecture the spokesman was honored with a memorial shield.
