ncar · law · processed · 15 chunks
Bureau of Experts at the Council of Ministers Official Translation Department Statute of Job Seekers Allowance Council of Ministers Resolution No. 575 May 4, 2021 Translation of Saudi Laws NOTES: 1. This translation is provided for guidance. The governing text is the Arabic text. 2. The translation of Saudi laws takes the following into consideration: • Words used in the singular form include the plural and vice versa. • Words used in the masculine form include the feminine. • Words used in the present tense include the present as well as the future. • The word "person" or "persons" and their related pronouns (he, his, him, they, their, them, and who) refer to a natural and legal person. For any comments or inquiries, please contact the Official Translation Department at: otd@boe.gov.sa Statute of Job Seekers Allowance Article 1 In this Statute, the following words and phrases shall have the meanings assigned thereto, unless the context requires otherwise: 1. HRDF: Human Resources Development Fund. 2. Board: HRDF Board of Directors. 3. Statute: Statute of Job Seekers Allowance. 4. Regulations: Implementing Regulations of this Statute. 5. Allowance: Job seekers allowance. 6. Applicant: A person who applies for the allowance. 7. Eligible Applicant: An applicant who meets eligibility requirements and has not yet received the allowance. 8. Beneficiary: An eligible applicant receiving the allowance. 9. Family: A group of individuals which resides in a single dwelling and consists of a husband and one wife, or more, and their children, or some of the members of such group. 10. Pension: A monthly amount paid to the applicant who is the principal recipient of such amount under the Civil Pension Law, the Military Pension Law, or the Social Insurance Law. 11. Monthly Income: The total amounts of money received by the applicant and his family during the month preceding application for the allowance, including salaries, business revenues, or the like, subject to the Regulations. 12. Wealth: Assets and property of the applicant and his family that may be valuated, subject to the Regulations. 13. HRDF Designee: Any government or private agency delegated by the HRDF to carry out some of the tasks and responsibilities assigned thereto for the implementation of the provisions of this Statute and the Regulations. 14. Education: Enrollment in general or higher education institutions, subject to the Regulations. 15. Training: Technical or vocational training for a period exceeding three months. 16. On- the Job -Training: The tasks and duties that the HRDF or its designee requires the eligible applicant or the beneficiary to perform in order to enhance his skills and increase his employment opportunities. 17. E -platform: A website or an electronic application created by the HRDF in accordance with this Statute, or any other website or electronic application designated by the HRDF. 18. E -training: The tasks and duties that the HRDF or its designee requires the eligible applicant or the beneficiary to perform through the e platform or any other means of modern technology in order to enhance his skills and increase his employment opportunities. Article 2 This Statute aims to: 1. Regulate the payment of the allowance and determine eligibility therefor. 2. Support job seekers and assist them to obtain employment. 3. Motivate job seekers to join the job market. 4. Determine the rights, responsibilities, and obligations of relevant parties (the HRDF and job seekers). Article 3 The allowance shall be paid for a period of 15 months, as follows: 1. Two thousand riyals per month for a period of four months beginning from the date of the first allowance payment. 2. One thousand and five hundred riyals per month for a period of four months beginning from the end of the period stipulated in paragraph (1) of this Article. 3. One thousand riyals per month for a period of four months beginning from the end of the period stipulated in paragraph (2) of this Article. 4. Seven hundred and fifty riyals per month for a period of three months beginning from the end of the period stipulated in paragraph (3) of this Article. Article 4 The allowance shall be funded from the revenues collected from the fees stipulated in clause (Second) of Council of Ministers Resolution No. 353, dated 25/12/1432H. The Ministry of Finance shall cover any shortage the HRDF may encounter in funding allowance payments. Article 5 An applicant shall be eligible to receive the allowance if he: 1. is a Saudi national. 2. is a permanent resident of the Kingdom of Saudi Arabia; the Regulations shall determine the requirements of permanent residency. 3. is able to work and is actively seeking employment; the Regulations shall set criteria for determining the applicant’s ability to work and seriousness in seeking employment. 4. is not under the age of 20 years nor above the age of 40 years; 5. is not employed in the public or private sector; 6. does not receive a pension; 7. does not receive any unemployment financial assistance or compensation. 8. does not receive social security allowance. 9. is not a student or a trainee at any level of education or training; 10. does not have any business activity, subject to the Regulations; 11. does not have a monthly income or wealth that exceeds the limit for qualifying for the allowance, as specified by the Regulations. 12. has not previously received the job seekers allowance or unemployment financial assistance. As an exception, the application of an applicant who has previously received the same may be accepted, provided that the total payment periods, past and future, do not exceed the allowance payment period stipulated in Article 3 of this Statute. The Regulations shall specify the manner of determining such periods. Article 6 1. The application shall be submitted to the HRDF or its designee through the e-platform or any other means determined by the HRDF. 2. The application shall be submitted either: a) before the lapse of 24 months from the date of completion of any level of education or training; or b) after the lapse of 24 months from the date of termination of the applicant’s employment in the public or private sector, subject to Article 5(7) of this Statute. The Board may amend such periods in agreement with the National Development Fund. 3. The applicant shall: a) attend on the date set by the HRDF or its designee for the review of his application, subject to the Regulations; b) provide the HRDF or its designee with the required documents in the manner specified thereby; and c) comply with the instructions issued by the HRDF during its review of the application, subject to the Regulations. 4. The HRDF shall review the application to verify satisfaction of eligibility requirements, and the applicant shall be notified of its decision within a period not exceeding two months from the date of completing the application. If the HRDF decides to reject the application, the decision must be reasoned. Article 7 The eligible applicant or the beneficiary shall, from the date of the acceptance of the application or the date of the payment of the allowance, adhere to the following: 1. Promptly notify the HRDF of any change that results or may result in his ineligibility for the allowance. 2. Provide the documents required by the HRDF or its designee in order to verify satisfaction of eligibility requirements. 3. Follow the instructions issued by the HRDF or its designee and delivered to him, whether in person, through his account on the e platform, or by any other means determined by the HRDF or its designee, including appearing in person for application review purposes or for interviews with employers or with other entities as specified by the HRDF or its designee. 4. Attend any educational or training courses, including e -training or on- the- job training. 5. Attend qualification and training programs or receive employment services at the premises of the HRDF or its designee. 6. Access his account on the e platform, in accordance with the Regulations. 7. Accept suitable job offers. A job offer shall be deemed suitable if the following conditions are met: a) The job offered by an employer is suitable to the applicant’s educational qualification and experience. b) The monthly wage is not less than the minimum wage the HRDF sets in accordance with the Regulations. c) The distance between the workplace and the residence of the eligible applicant or the beneficiary does not exceed the distance specified by the Regulations. d) The job offer complies with the instructions issued by the Ministry of Human Resources and Social Development. The conditions stipulated in sub paragraphs (a), (b), and (c) shall not be taken into consideration in determining the suitability of a job offer if the eligible applicant or the beneficiary has not been previously employed and does not hold a degree higher than a high school degree; if he has previously rejected two job offers that meet all the conditions stipulated in sub paragraphs (a), (b),and (c); or if six months or more have lapsed following his registration with the HRDF. The HRDF may waive certain conditions. 8. Actively seek a job and attend qualification and training programs. 9. Respond to the communications of the HRDF or its designee. 10. Attend at the premises of the HRDF or its designee when requested for the evaluation of his efforts in seeking employment. 11. Any other obligations determined by the HRDF in accordance with the objectives of this Statute and the Regulations. 12. The eligible applicant shall spend a period not exceeding two months without breaching any of the obligations stipulated in this Article without an excuse acceptable to the HRDF. The beneficiary shall not breach any of the obligations stipulated in this Article without an excuse acceptable to the HRDF. The Regulations shall determine the type and number of obligations stipulated in this Article the non-compliance with which results in the non-payment of the allowance to the eligible applicant, or the reduction or suspension of the payment of the allowance to the beneficiary. Article 8 1. Payment of the allowance to the beneficiary shall be promptly suspended in any of the following cases: a) Expiration of the allowance payment period. b) If the beneficiary requests suspension of the allowance payment. c) Death of the beneficiary. d) If any of the eligibility requirements stipulated in Article 5 of this Statute no longer applies. 2. If the allowance payment is suspended pursuant to paragraph 1(a) of this Article, the beneficiary may not file a new application to receive the allowance. 3. Without prejudice to the provisions of Article 7 of this Statute, if the payment of the allowance to the beneficiary is suspended pursuant to paragraphs 1(b) or 1 (d) of this Article, the HRDF may accept the beneficiary's request to resume payment of the allowance in accordance with the Regulations, provided that the total period of allowance payment, whether continuous or intermittent, does not exceed 15 months, and the allowance is paid in accordance with Article 3 of this Statute. 4. The allowance shall be reduced by 200 riyals per month until the end of the period stipulated in Article 3 of this Statute if the beneficiary does not adhere to any of the obligations stipulated in Article 7 of this Statute, as specified by the Regulations. 5. The monthly income and the value of the wealth shall be deducted from the allowance, subject to the Regulations. 6. The HRDF may temporarily suspend the payment of the allowance to the beneficiary for a period not exceeding 6 months. The Regulations shall specify the cases for the temporary suspension of allowance payment. Article 9 1. A beneficiary who intentionally provides false data or information for the purpose of obtaining the allowance must repay the full amount of the allowance paid to him. 2. The HRDF shall refer to the competent authorities any person who provides false data or information for the purpose of obtaining the allowance to take legal action against him. 3. The HRDF or its designee shall take all the measures necessary to recover allowance amounts paid to a beneficiary whose ineligibility to such allowance is established. Article 10 Without prejudice to the powers of the National Development Fund, the HRDF shall undertake the following: 1. Drafting the decisions necessary for the implementation of this Statute and submitting the same to the Board for approval. 2. Coordinating with government and private agencies to facilitate the filing of applications, payment of the allowance to beneficiaries, and provision of support to such beneficiaries. 3. Establishing and operating the e platform and communicating with applicants, eligible applicants, and beneficiaries through the e platform or by any other means specified by the HRDF, and determining the procedures for filing applications, subject to the Regulations. 4. Receiving and reviewing allowance applications, and taking the decision to accept or reject such applications. To this end, the HRDF may obtain from government or private agencies information relating to applicants. 5. Following up on beneficiaries to verify satisfaction of allowance eligibility requirements, and issuing decisions relating to the permanent or temporary suspension of the allowance, reduction thereof, or deduction therefrom. To this end, the HRDF may obtain from government or private agencies information relating to eligible applicants and beneficiaries. 6. Implementing directly, or through its designee, all the programs, courses, and workshops necessary for qualifying eligible applicants and beneficiaries and developing their skills, including various types of training and qualification programs, such as e training or on the job training, subject to the Regulations. 7. Paying the allowance to the beneficiaries. 8. Receiving, reviewing, and deciding on the grievances of applicants, eligible applicants, and beneficiaries. 9. Seeking the assistance of government and private agencies to implement the provisions of this Statute and the Regulations. Article 11 An applicant, eligible applicant , or beneficiary whose grievance against the denial of allowance payment has been rejected may appeal the rejection decision before the competent administrative court. Article 12 This Statute shall supersede the Statute of Job Seeker's Allowance issued by Council of Ministers Resolution No. 353, dated 25/12/1432H and the Statute of Unemployment Financial Assistance issued by Council of Ministers Resolution No. 44, dated 29/1/1435H, and shall repeal any provisions conflicting therewith. This Statute shall enter into force 90 days from the date of its publication in the Official Gazette. Article 13 The Board shall issue the Regulations in agreement with the National Development Fund within (90) days from the date of publication of this Statute.