ncar · regulation · processed · 29 chunks
Regulation for Implementations of the Unemployment Insurance Law Version 2 1442/2022 Article (1) The following terms and phrases - wherever stated in these Regulations - shall mean the meanings given to them unless the context requires otherwise: Law: unemployment insurance law. Disruption of work: loss of the worker to work for reasons beyond his will with his ability to work, and desire, and look for him. Compensation: The cash benefits provided by the law. Ministry: Ministry of Finance. Institution: General Organization for Social Insurance. Fund: Human Resources Development Fund. Board of Directors: Board of Directors of the General Organization for Social Insurance. Minister: Ministry of Finance. Governor: Governor of the General Organization for Social Insurance. Employer: Any person of a natural or legal nature to whom the law applies - uses one or more workers who meet the conditions stipulated in the Law. Contributor: Anyone who is subject to the law, a man or woman. Beneficiary: The unemployed participant who has the conditions of entitlement to compensation in accordance with the provisions of the Law. Job seekers database: the database of applicants for the Fund. Article (2) In the application of the provisions of paragraphs (1) and (2) of Article (3) of the law, the age of the worker shall be at the beginning of the application of the law to him under the age of fifty-ninth and shall cease his participation if he reaches the age of sixty on the job. Before he reaches the age of fifty-ninth and then returned to work subject to the law at the age of fifty-ninth and above and under the age of sixty apply to the law at the date of return taking into account the suspension of participation if he reaches the age of sixty on the job. The law shall be applied on a mandatory basis to the Saudis who are subject to the pension branch under the social insurance law according to the following details: 1. Subject to the law: (A) Workers who have an contractual relationship with the employer to perform a work mainly in the Kingdom for a remuneration, whatever the nature, form or duration of the relationship, and regardless of the amount of remuneration paid or of its kind. Article (3) 1- The registration shall be registered in the institution for both employers and subscribers subject to the law in accordance with the same registration provisions stipulated in the Registration Regulations and Contributions to the Social Insurance Law in accordance with the nature of the provisions of the Law, A / Registration in accordance with the provisions of the registration regulations and contributions to the social insurance law is sufficient to register in the law. (B) The time limit for the employer to register his workers or the worker specified for the registration of himself in the case of the employer's waiver may not exceed that of any period of work. 2- The rules of the establishments that are terminated shall be determined in accordance with the same rules specified in the registration regulations and contributions to the social insurance law. Article (3 bis) In applying the provisions of Article (7) of the law, contributions are determined and adjusted according to the following mechanism: 1- Contributions are set at 2% (two percent) of the wage subject to contributions if the size of the assets for the branch account on the effective date of the amendment of Article (seventh) of the law does not exceed seven times its expenditures in the year preceding the effective date. 2- Contributions shall be adjusted at a rate of no more than (2%) two percent and not less than (0,5%) half a percent of the wage subject to contributions based on the results of evaluating the financial condition of the branch account every three years according to the following: A- Reducing the contributions by 0.5% by half a percent in the event that the branch’s assets at the end of the three (7) years exceed seven times its expenditures in the last year thereof. B - Raising the subscriptions by (0.5%) half a percent in the event that the volume of assets of the branch at the end of the three years is less than (7) seven times its expenditures in the last year of it. Article (4) Shall be applied in respect of the performance of contributions provided for in the Law with the provisions of the Registration and Contributions Regulations of the Social Insurance law in accordance with the nature of the provisions of the Law. Article (5) The age of the participant shall be recorded at the start of the subscription as required by the provisions of Article (17) of the Law and the provisions specified in the Registration and Subscription Regulations of the Social Insurance law Article (6) In the application of the provisions of Article (8) of the Law, the following shall be observed: 1- The Saudi nationality requirement shall be validated by the law issued by the competent authority. 2. The required subscription periods shall be provided at each time of the entitlement as specified in Article (14) of the Law. 3. The age of the participant at the date of registration with the Fund shall be less than 60 years. (4) Shall not have income from work. The income from work shall mean all that the Subscriber receives for his work with one or more employers, whether in the public or private sector. (5) It shall not have a restricted activity, and the special activity shall mean, but not be limited to, any of the following cases: A) Own individual establishment. B- The partnership in any of the companies according to what is established in the company's system or its constituent contract and any amendments thereto. (C) obtaining a license to engage in an activity; (D) Non-Saudi workers on co-sponsorship except for domestic workers, parents, husband or wife, sons and daughters. 6. The condition (the contributor has not been dismissed from work due to a fault of his own) contributor has not been dismissed by the provisions of Article (80) of the Labor Law. 7. The condition (contributor must not have voluntarily quit the job) entails that the contributor must not have left the job just because they did not want to resume working, provided that the contributor did not quit following any of the below cases: - Resignation. -Agreement between contributor and employer to terminate the contract. -Ceasing to renew the fixed-term contract for another cycle based on the contributor’s desire not to. 8. The Fund shall determine the extent of the participant's ability to work. The Fund may, without prejudice to decisions issued by the medical committees provided for in the Social Insurance Law, refer any participant applying for compensation or any beneficiary of compensation to any governmental or private hospital or medical center for conducting the tests. Or to require the participant or beneficiary to submit a medical report issued by a public hospital that proves its ability to work. 9. In the application of Article (1), (k), paragraph (1), of Article (8) of the Law, the contributor shall comply with each of the following times of compensation: A. Attend and pass the educational and training courses determined by the Fund, including distance training. B / Visit his electronic file in the database of job seekers as determined by the Fund. (C) Attendance at the scheduled time for conducting interviews with business owners or with governmental or private entities as specified by the Fund. D) Accepting the suitable offers of work presented to him by the Fund or by any interested party from the Fund as determined by the Fund. (E) Attendance with the Fund or any agency authorized by the Fund to obtain training, training or employment services as determined by the Fund. And / or comply with the instructions and directives specified by the Fund. 10. The Fund shall, in accordance with the mechanism specified by it, give notice to the beneficiary in the event of failure to comply with any of the provisions of paragraph (9) of this Article. Article (7) In the application of the provisions of Articles (9 and 10) of the Law, the following shall be observed: 1. The contributor shall register with the Fund no later than ninety (90) days from the date of leaving the work subject to the law in accordance with the mechanism and documents specified by the Fund. 2- The coordination between the organization and the Fund shall be carried out to verify the availability of the conditions of entitlement to compensation provided for in Article 8 of the Law as follows: (A) The organization shall verify that the contributor has met the following conditions: - To be a Saudi national in accordance with the provisions of paragraph (1) of Article (6) of these Regulations. - He is still alive. - He must have the terms of contribution eligible for eligibility in accordance with the provisions of Article (XIV) of the law. - He must not have attained the age of 60 in accordance with the provisions of paragraph (3) of Article (6) of these regulations. - Does not have any special activity or income from work in accordance with the provisions of paragraphs (4) and (5) of Article (6) of these Regulations. - has not been dismissed from work due to a fault of his own in accordance with the provisions of paragraph (6) of Article (6) of these regulations. - Has not willingly left employment in accordance with the provisions of paragraph (7) of Article (6) of these Regulations. B) The Fund shall verify that the contributor has met the following conditions: - Registration with the Fund within (90) days from the date of leaving the work subject to the law. - The participant's ability to work according to the provisions of paragraph (8) of Article (6) of these regulations. - Serious research on work and commitment to training and compliance with the instructions and directives as provided for in paragraph (9) of Article (6) of these Regulations. 3. After the provisions of paragraph (2) above, the contributor shall apply to the organization to apply for compensation according to the mechanism and documents specified by the Governor. The date of completion of registration with the Fund shall be the date of availability of the conditions of entitlement. 4. The organization and the Fund shall verify the availability of the conditions of entitlement to compensation to the Beneficiary, each in his own capacity, throughout the period of disbursement of the compensation. 5. The preceding paragraphs shall be complied with at each time of maturity. Article (8) In the application of the provisions of paragraph (2) of Article (10) of the law, the beneficiary shall abide by the following: 1- Notification of the Fund within a period not exceeding seven days in the event of any change in the data and information provided to the Fund. 2 - notice of the institution within a period not exceeding seven days in the event of any change of data and other information relating to the application of the provisions of the law. Article (9) In the application of the provisions of paragraph (3) of Article (10) of the Law, the reason for determining the reasons for the termination of the employment relationship with regard to the implementation of the provisions of the Law shall be determined by the reasons determined by the employers when the contributor is excluded according to what is stated in the records of the establishment. Which may be determined by the employer, he may resort to the judicial body competent to deal with the labor cases, without prejudice to the right of the institution to impose the penalties stipulated in Article (25) of the law on the employer violating any provision of the regulation and regulation. Article (10) If the institution pays the beneficiary amounts in excess of what is due to the law, the institution is entitled in all cases to recover what was disbursed in excess according to the same provisions stipulated in the Pension Pensions Compensation Regulations of the Social Insurance Law. Article (11) In the application of Paragraph (1) of Articles (Eleventh and Twelfth) of the Law, the months under which the months of entitlement to compensation are calculated shall be calculated at each time of maturity, whether continuous or intermittent. Article (12) In the application of paragraph (2) of Article (Eleven) and Article (13) of the law, the following shall be observed: 1- It applies to the average monthly wages with the provisions stipulated in the Social Insurance Law and its executive regulations. 2. Without prejudice to the provisions of paragraph (3) of this Article, if the Beneficiary returns to work during the one-time period of the entitlement periods, the compensation shall be calculated in case he / she leaves the work, provided that the conditions of entitlement are met on the basis of the participation fee in the last 24 months, Sign up for the last job leave. 3 - Maximum period for the payment of compensation at each time of maturity twelve consecutive months or intermittent during every twenty four consecutive months starting from the date of the first disbursement each time. Article (13) In the application of the provisions of paragraph (1) of Article (15) of the law, the payment of compensation for the beneficiary - for each time of the entitlement - shall be suspended in any of the following cases: 1. Death. 2- If he is no longer a Saudi national in accordance with the document issued by the competent authority. 3. If his period of stay outside the Kingdom of Saudi Arabia exceeds (60) sixty consecutive or intermittent days during the period of payment of the compensation. 4 - If he reaches the age of sixty and was entitled to a pension in accordance with the provisions of the social insurance system, and is considered in the provision of the benefit of the pension from the availability of the period eligible for pension benefit by adding a legal period. 5 - If he has a special activity or income from work in accordance with the provisions of paragraphs (4) and (5) of Article (6) of these Regulations. 6 - If he becomes unable to work in accordance with the provisions of paragraph (8) of Article (6) of these Regulations. 7 - If he is no longer registered with the Fund and is not registered in any of the cases to stop the payment of compensation. . If three suitable offers of work - consecutive or sporadic - submitted to him by the Fund or any other party in charge of the Fund as determined by the Fund are rejected. 9- In the event that he does not join or not successfully complete any educational or training course, including distance training for four consecutive or different periods, without any excuse accepted by the Fund or the Commissioner from the Fund, the Beneficiary may apologize in advance for enrolling in an educational or training course requested by the Fund Or the Commissioner of the Fund to join it, provided that his apology is based on acceptable reasons as the Fund or the Commissioner of the Fund deems appropriate in this respect. However, the beneficiary may not apologize more than twice during the period of payment of compensation. 10- In the event that he does not attend the dates set by the Fund for personal interviews with employers and governmental and private bodies for four consecutive or sporadic periods without an excuse accepted by the Fund or the Commissioner from the Fund, the Beneficiary may apologize in advance for the personal attendance of the date specified by the Fund or the Commissioner from the Fund To meet employers or representatives of government or private entities, provided that his apology is based on acceptable reasons as the Fund or the Commissioner of the Fund deems appropriate in this regard. However, the beneficiary may not apologize more than twice during the period of payment of compensation. 11. If he does not visit his electronic file in the database of job seekers at least once a week for six weeks - consecutive or sporadic - without an excuse accepted by the Fund. 12 - Not to attend the Fund or any agency authorized by the Fund to obtain the qualification or training or employment services for four times - consecutive or sporadic - without an excuse accepted by the Fund or Commissioner of the Fund, the beneficiary may apologize in advance for the presence of the Fund or the Commissioner of the Fund that the His apology shall be based on acceptable grounds as the Fund or the Commissioner of the Fund deems appropriate in this respect. However, the beneficiary may not apologize more than twice during the period of payment of the compensation. 13. Any situation in which the beneficiary is not serious in the search for work or rehabilitation as determined by the Fund. 14. If any of the conditions for entitlement to compensation cease to exist. Article (14) In the application of the provisions of paragraph (2) of Article (15) of the law shall take into account - at each time of maturity - the following: 1. If the suspension of the payment of compensation due to death, the age of 60 with the entitlement to a pension in the Social Insurance Law, or staying outside the Kingdom for more than sixty (60) consecutive or intermittent days, or any of the cases specified in paragraphs 8, 9, 10, 11, 12, 13) of Article 13 of this By-Law shall terminate the relationship between the organization and the Participant in respect of the remaining period of payment of the compensation. 2- If the suspension of the payment of compensation due to the existence of income from work or inability to work, it is necessary to confirm the disappearance of the inhibitor in this case that the contributor register with the Fund within ninety (90) days from the date of leaving the work or the date of restoring his ability to work - Case), and the exchange is resumed in this case - after checking the availability of the rest of the other conditions - from the first month following the registration. 3. If the suspension of the payment of compensation because he is no longer a Saudi national, it is necessary to confirm the disappearance of the impediment in this case, the contirbutor shall register with the Fund within ninety (90) days from the date of the document confirming the return of the nationality issued by the competent authority. - After checking the availability of the rest of the other conditions - from the first month following registration. 4 - If the suspension of payment of compensation due to the existence of a special activity, it is necessary to confirm the disappearance of the inhibitor in this case that the contributor register with the Fund within ninety (90) days from the date of the document fixed for the end of its relationship with this activity issued by the competent authority, After checking the availability of the rest of the other conditions - from the first month following registration. 5. The contributor shall be required to resume the payment in any of the cases mentioned in paragraphs (2, 3, 4) of this Article to apply to the organization for the payment of compensation according to the mechanism determined by the Governor. Article (15) In the application of the provisions of Article (16) of the law, the calculation of the contribution months recorded for the benefit of the subscriber shall be determined in accordance with the stipulations of the pensions branch of the Social Insurance Law. Article (16) In the application of the provisions of Article (20) of the law, the following shall be observed: 1- The contributor who satisfies the conditions of entitlement shall apply to the organization to request the payment of compensation according to the mechanism and documents specified by the Governor. 2- Entitlement to compensation is granted within the first month in which conditions of entitlement are met. Compensation is due in advance as of that date. 3- The right to compensation shall be terminated by the end of the last day of the month in which the occurrence in which the right to terminate the right occurred. 4- As per Paragraph (2) of Article (14), compensation is disbursed in accordance with the Gregorian calendar, provided that the periodic compensation disbursement schedule shall not exceed the first week of each month. The Governor may advance the date of disbursement whenever he deems suitable. Article (17) In the application of the provisions of Article (22) of the Law, the following shall be observed: 1- The inspectors of the establishment shall monitor the application of the law in accordance with the provisions stipulated in the registration regulations and contributions to the Social Insurance Law in accordance with the nature of the law. 2. The Fund shall coordinate with the Ministry to monitor its application of the Law in accordance with the provisions and procedures followed by the Ministry. Article (18) The application of the provisions of Article (23) of the Law shall be followed in respect of objections submitted to decisions issued by the organs of the organization in respect of its functions in the application of the Law with the provisions relating to the assets of the submission of objections and the procedures for their consideration provided for in the Registration Regulations and Contributions to the Social Insurance Law. Article (19) In the application of the provisions of Article (24) of the Law, it shall follow up on objections submitted to decisions issued by the organs of the Fund in respect of its functions in the application of the law with the provisions relating to the assets of the submission of objections and the procedures of their consideration in force with the Fund. Article (20) In the application of the provisions of paragraph (4) of Article (25) of the law, the following shall be observed: 1- The Governor shall appoint one or more committees to investigate violations related to the functions of the organization in applying the provisions of the Law and to determine penalties. 2. The Minister shall form one or more committees to investigate irregularities related to the functions of the Fund in applying the provisions of the Law and to determine penalties. Article (21) In the application of the provisions of Article (6) of the Law, a committee from the Ministry, the Fund and the organization shall be formed by three members of the Ministry and the Fund and three members of the organization, including the Chairman of the Committee. Supervising the application of the provisions of the law. B- Proposing the amendment to the regulation in order to achieve the necessary requirements for the implementation of the provisions of the law. C- Coordination between the competent authorities whenever necessary. The committee shall be responsible for the work of the committee and for convening its meetings. The meeting of the committee shall not be valid unless attended by at least four members. Decisions of the committee shall be issued by a majority of the members present. Article (22) These Regulations shall be published in the Official Gazette and shall be effective as of the date specified for the operation of the Law.