Contractual relationship improvement initiative
The Ministry of human resources and Social Development launched the” initiative to improve the contractual relationship " in October 2020, through which there are three main services, namely: the job mobility service, the development of exit and return mechanisms and the final exit.
The “labor contract documentation service” is one of the enablers of the initiative, which is an electronic service that enables employers to document the contracts of employees in the private sector through a unified employment contract form that complies with the Saudi labor system, and this service aims to achieve the following results:
(Contributing to enhancing transparency and professionalism in labor contracts – preserving rights and reducing labor disputes and disputes – ensuring the conformity of documented contracts with the labor law and its executive regulations).
It is worth mentioning that the failure to document the employment contract grants the worker to move to any other facility at any time, while retaining his rights with the litigation authorities, and the Saudi and non-Saudi worker bears responsibility if the contract is not accepted in the “Absher” platform, as the contract becomes suspended.
The “Madad " platform is the platform concerned with documenting contracts electronically on additional items, as the platform allows adding additional items as the employer sees and approved by the worker., The Madad electronic platform showed the mechanism, method and procedures of benefiting from the contract documentation service .
After entering and completing the required data, the employer sends the contract to the worker to complete its documentation, and then the worker responds to the contract within(7 days) by completing the process of documenting the contract or rejecting it, notifying the employer of the reasons for refusal to re-upload the contract, and in case of failure to respond within(7 days) since the arrival of the contract to the worker, the contract is automatically canceled.
Proposed additional items for employers
When drafting an employment contract, the employer always resorts to the inclusion of many articles of the labor law, especially “peremptory articles”, and it is true that peremptory articles are binding whether they are included in the employment contract or not, other than that it is not permissible to agree on their violation in the first place, and there are (Supplementary Articles) by the labor law that the system required to be agreed upon by the labor contract for their application to take effect.
Since this is, and it is allowed to include additional clauses of the unified employment contract when notarized, we propose to add some contractual conditions related to the supplementary materials that must be agreed upon in the employment contract, which are as follows:
1-determining the place of work and the employer's right to transfer the worker to another place of work .
2-exclusion of wages that are subject to decrease and increase (percentages and commissions).
3-non-competition (determined in terms of time, place and type of competition).
4. contractual compensation.
