In a public lecture in Asharqia branch in Jubail.
The
legal advisor of the Ministry of Labor and Social Development, Mahmoud Essam
Afandi, said that the modifications to the Ministry regulations included
Article 78, which gave the worker the right to be absent during the notice
period a full day of full pay. The employer may exempt the worker during the
notice period from working to pay for that and this is the opposite to what was in the
past. This article permits the worker who is dismissed from his job without a
legitimate reason to request his return to work and is considered by the labor
dispute settlement bodies.
This
was mentioned in a public lecture held last Monday evening (May 1, 2017) in
Asharqia Chamber branch in Jubail titled
"Recent modifications in the Saudi
Labor Law." He stressed that some cases of separation are personal in the
relationship between the worker and the employer, employers
are required to return the worker because there is a desire by the institutions
to retract and is prevented by the absence of a binding legal text.
He
explained that the ministry regulations is to regulate the internal
relationship between the worker and the employer, which includes many topics
such as permanence, incentives and bonuses, so these systems witnessed many modifications
determined by the interest of all parties.
He
said that the modifications included many articles, including Article 7 of the
categories excluded from the system of work, including farmers, are to be treated under the new system, such as
domestic labor.
It
was stated that the recent controversial article 77, concerning the unlawful
termination, provided that the harmed party had the right to compensation
estimated by the Committee for the settlement of disputes in the present and
potential physical and moral damage, while the new modification states that " Compensation
for termination for an unlawful reason Compensation shall be paid for 15 days
for each year of service for an indefinite period of time and the remaining
period of the contract if the contract is fixed for a period of time. In
neither case, the compensation shall be less than the actual (not the basic).
He
said that this procedure serves the two parties. Compensation in the system is
based on estimates, and may not be equal among the beneficiaries although the
time of service is both equal.
He
mentioned that the modifications included
Article 11 on the statutory liability of employers if the employer trusts any
person to perform any work that is the responsibility of the latter, as well as
Article 35, which includes the subject of a work permit for non Saudi, the
article previously says that the renewal of the license for lack of a
profession for Saudi, And
Article 43, which provides for the training of 6% per annum for Saudi workers,
has been modified to be 12% of the total number of employees, to support
training and qualification, and the same with regard to Article 48 concerning
training contracts of the owner In
the previous system, the employer is entitled to benefit from the worker for
the year or duration of the training, whichever is longer. The new modification
obligates the worker to pay all expenses for the remaining period if he refuses
to work. The period is less than one year.
He
referred to Article 52, which stated the existence of a model of a unified
labor contract from the ministry and gives the parties the right to any
addition, provided that the system is not violated, unlike the former, if any
institution can form a special contract.
He
pointed that the testing period for the
worker under the system was not more than 90 days, while the new system is
extended to 180 days maximum, explaining that some professions are not enough as
90 days of experience, therefor the system has a bigger chance.
Article
55, he said that the contract of a Saudi worker becomes an indefinite contract
if it is renewed three times, or four years, whichever is less, unlike the
past, the renewal period was two consecutive period, or the duration of the
original contract was renewed for three years. The
term ends with the expiry of the period, otherwise it is considered as a
dissolution, and there will be a compensation. It is stated that the end of
service benefit for the contract is fixed for the entire period.
Article
64 discusses the subject of the service certificate which is granted to the
worker in the event of termination of his relationship with the employer, which
states that it is provided because of the termination of the relationship,
while the new modification that prohibits the certificate from guaranteeing
anything that harms the worker and reduces the chances of obtaining another
field of work.
He
pointed that Article 73 on the subject of labor sanctions, and the change
provided that such fines are directed to the benefit of workers, or be part of
the work of the establishment provided that it does not violate the system.
Regarding the transfer of the worker place of work and under Article 58, the
amendment stated that the transfer may not be approved by the worker and his
consent, and the employer shall bear all the expenses of transportation,
housing and so on, unlike the former, which allocates that prohibition is only
in case of damage, at the end of the lecture, the speaker was honored with a
memorial sheild.
