• A Consultant: The Ministry of Labour and Social Development stresses the importance of the relationship between the worker and the employer


    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.

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