• Ministry of Labor announces a compulsory standard contract to regulate the relationship between workers and institutions

    08/03/2016


    In a workshop held yesterday in the East Chamber
    Ministry of Labor announces a standard compulsory contract to regulate the relationship between workers and institutions
    38 items in the labor system is affected by modifications that guarantee the rights of all parties
     
    The Ministry of Labor firms that it plans issuing a compulsory  standard contract regulates the relationship between institutions and their workers, that guarantees the rights of all parties, and this comes in the frame of new modification , which affected the labor system under the modified Royal Decree Royal Decree No. (M / 46) Date of 05/06/1436
    Stated by the Director of Inspection Department branch of the Ministry of Labor in the region Sultan Al mutairi during a workshop organized by the East Chamber represented by human resources committee on Tuesday (8 / Feb / 2016)that dealt with the modifications, which affected 38 items of the 230 items in the labor system,
    during the workshop, which was attended by Board Member Najib bin Abdullah Al sihati and Secretary General of the Chamber Abdulrahman bin Abdullah Alwabel and a large number of interested figures and was led by the Deputy Chairman of the Committee Bandar Al safeer he directed the attention that a new regulation to regulate the work will be released soon, and will be approved and will not be modified by any means, but any company can add whatever  it wants  in its contracts without conflict with the system, explaining that the existing regulation is  instructional and will be compulsive.
    In item 35, al mutairi mentioned that the current modification is that the ministry has the right to prevent renewal when the employer violates the resettlement criteria, and the item before the modification states that : Ensuring  before to the renewal of the work  that there is no Saudi work seeker and wants to work the same work.
    Al mutairi said that among the modification  that have taken place and will be implemented soon, which is related to the training of Saudis, the ministry has approved that no less than 12% of the total workers annually, unlike the former, as the rate was limited to 6%
    regarding the subject of training Al mutairi noted that item 48 states: "An employer may require the trainer to work in a period not exceeding the period of training or a year, whatever is longer, This item is now after the  modification states: "Working in the same period of training or in the case of rejection the employer pays the costs of training or rehabilitation, or the proportion of the time remaining of them. " If the   employer does not commit to pay the costs of training, if the training is in order to employment, and does not apply to an employee on the job, and in case the worker refused to pay the cost of training he will be presented to the primal  Authority  and it will be  like any criminal case.
    He pointed that the ministry is planning to issue a standardized contract  of the benefits  by the ministry that is a unified model benefits and allowances, and  it will be an obligation, that is according to item 52 and the modifications made  to them. The meeting discussed the experiment period given to newly workers, which does not exceed 90 days in item 53, and wanting to achieve more flexibility and organizing the relationship between the worker and the employer the system authorized under the new  modification to extend it to 180 days, on condition that this permissions is done by written agreement between two parties.

     talking in his speech about the  modifications to item55, which states: If the specified contract included a requirement that implement its renewal for a similar period or for a specified period , the contract is renewed for the agreed on period and if  it is renewed the twice in a row or reached the original duration of the contract with the three years renewal, whichever is less turns into a contract of unlimited duration. " ,this item has been modified to become: "the renewal of the contract three times in a row and a total duration of the contract renewal with the four years whichever is less turns to unspecified duration "AL mutairi assured that a  radical modification has affected the item regarding the transfer of the worker so that "No transferring can take place without the writing  approval of  the worker and the employer in cases of necessity and for a period not exceeding 30 days per year commissioning the worker  with a job in a different agreed place   without his approval that the employer handles the costs of his moving and residence during that period ".. pointing the possibility that the employer adds an item in the contract requires the approval of the worker to transfer anywhere. He added that the relationship between the worker and the employer is initial in the new modifications, including the contents of  item 64 regarding the end of the service  testimony, which confirmed the need  to not mistreat the worker, or reducing employment opportunities in front of him.Al mutairi talked again  about workers committees in institutions, and said that the fines imposed on the workers  are done by workers committees, which will be compulsive for the facilities and not forming them under item73  which means that there is a violation of the facility. And regarding the subject of the end of the work contract, which was discussed in item 74, Al mutairi said that the  item   in the past stated  that under the "agreement of the both parties the expiration of the contract, and according to the will of one of the parties in the unspecific contracts , the worker reaching the retirement age, the compelling force, "but the  modification was as follows:" three cases  have been added  that are  the closure of  the facility completely, ending the activity  the worker in unless agreed otherwise, any other condition stated by another system.
    And he confirmed that this item came to organize work and the relationship between the two parties, if the facility closed its activity then the contract expires according to this end.
    He added that item77 included additional modifications to the subject of the relationship between the worker and the employer ,he said that illegal termination which states "the party that has been harmed has the right of compensation which is evaluated by the Settlement of Labor Disputes Committee taking into consideration the physical and moral damage the current and the potential." but this item was add to become: "unless the contract includes a specified compensation for termination for some illegal a reason the compensation is as follows : a fifteen days payment for each year of service in the  specified period contract , and payment of the remaining period of the contract , compensation  in each cases for wages must be for two months. "
    many other topics and items has been discussed  and the modified items by the special  permissions, and the mechanism of the payment of salaries and so on, and in the end of the meeting the guest  has been honored by the Chairman of the Human Resources Committee of East Chamber Saleh Bin Ali Al Humaidan.


     

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