Social Insurance Law: Kingdom of Saudi Arabia
Social Insurance Law: Kingdom of Saudi Arabia
Social Insurance Law: Kingdom of Saudi Arabia
03 RAMADAN 1421 H
29 NOVEMBER 2000 G
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TABLE OF CONTENTS
SUBJECT PAGE
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1- Royal Decree No. M/33 dated 3/9/1421 H (29/11/2000 G) 2
ROYAL DECREE
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NO. M/33 DATED 03/09/1421 H (29/11/2000G)
Pursuant to Article (70) of the Basic Ruling Act issued under Royal Decree No. A/90
Dated 27/08/1412 H;
Pursuant to Article (20) of the Council of Ministers Act issued under Royal Decree
No.A/13 dated 03/03/1414 H;
Pursuant to Articles (17) and (18) of the Consultative Council Act issued by Royal Order
No. A/91 dated 27/08/1412 H;
Having reviewed the Social Insurance Law issued under Royal Decree No. M/22 dated
06/09/1389 H;
Having reviewed the Resolution of the Consultative Council No. 45/66 dated 23/02/1420
H; and
Having reviewed the Resolution of the Council of Ministers No. 199 dated 17/08/1421 H;
DECREE AS FOLLOWS:-
First: We sanction the Social Insurance Law in the form attached hereto
Second: The Deputy Premier of the Council of Ministers and the Ministers, each
within his own competence, shall put this Decree of ours into effect.
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COUNCIL OF MINISTERS DECISION
NO.199 DATED 17/08/1421 H (13/11/2000 G)
Having reviewed the letter received from the Presidency Bureau of the Council of
Ministers under No. 7/6103/R dated 05/05/1420 H enclosing the letter of H.E the
Minister of Labour and Social Affairs who is also the Chairman of the Board of Directors
of the General Organization for Social Insurance No. 331/1/Kh dated 28/02/1416 H.
concerning the draft Social Inusrance Law;
Having reviewed the Social Insurance Law issued under Royal Decree No, M/22 dated
06/09/1389 H;
Having reviewed the minutes prepared by the Experts Commission under No, 85 dated
30/03/1418 H;
Having reviewed the minutes prepared by the Experts Commission No. 281 dated
07/09/1420 H;
Having considered the Decision of the Consultative Council No. 45/66 dated 23/02/1420
H;
Having reviewed the two recommendations of the General Committee of the Council of
Ministers No. 273 dated 19/07/1421 H. and No.301 dated 10/08/1421 H;
DECIDES AS FOLLOWS :-
First: The Social Insurance Law is hereby approved in the form attached hereto
A draft Royal Decree to that effect, copy attached hereto, has been
prepared.
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rules for the exchange of benefits between the said Schemes. Such
Committee shall submit its recommendations within a period not
exceeding one year.
Third: The Retirement Pension Fund and the General Organization for Social
Insurance shall urgently prepare the actuarial valuations required for the
study referred to in item (Second) above and present them to the said
Committee within a period not exceeding six months.
President
Of the Council of Ministers
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TABLE OF CONTENTS
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ARTICLE (37) ........................................................................................................... 30
SECTION 2 BENEFITS UNDER THE ANNUITIES BRANCH .............................. 30
ARTICLE (38) ........................................................................................................... 30
ARTICLE (39) ........................................................................................................... 32
ARTICLE (40) ........................................................................................................... 34
ARTICLE (41) ........................................................................................................... 34
SECTION 3 PROVISIONS FOR APPLICATION OF THE ANNUITIES BRANCH
....................................................................................................................................... 35
TO VOLUNTARY CONTRIBUTORS........................................................................ 35
ARTICLE (42) ........................................................................................................... 35
ARTICLE (43) ........................................................................................................... 35
ARTICLE (44) ........................................................................................................... 36
ARTICLE (45) ........................................................................................................... 36
ARTICLE (46) ........................................................................................................... 36
SECTION 4 THE PROVISIONS COMMON TO THE OCCUPATIONAL.............. 37
HAZARDS BRANCH AND ANNUITIES BRANCH ................................................ 37
ARTICLE (47) ........................................................................................................... 37
ARTICLE (48) ........................................................................................................... 37
ARTIICLE (49).......................................................................................................... 37
ARTICLE (50) ........................................................................................................... 37
ARTICLE (51) ........................................................................................................... 38
ARTICLE (52) ........................................................................................................... 38
ARTICLE (53) ........................................................................................................... 38
ARTICLE (54) ........................................................................................................... 39
ARTICLE (55) ........................................................................................................... 39
ARTICLE (56) ........................................................................................................... 41
ARTICLE (57) ........................................................................................................... 41
ARTICLE (58) ........................................................................................................... 41
CHAPTER VI : GENERAL PROVISIONS .................................................................... 42
ARTICLE (59) ........................................................................................................... 42
ARTICLE (60) ........................................................................................................... 42
ARTICLE (61) ........................................................................................................... 42
ARTICLE (62) ........................................................................................................... 43
ARTICLE (63) ........................................................................................................... 43
CHAPTER VII : TRANSITIONAL AND CONCLUDING PROVISIONS ................... 44
ARTILCE (64) ........................................................................................................... 44
ARTICLE (65) ........................................................................................................... 44
ARTICLE (66) ........................................................................................................... 44
ARTICLE (67) ........................................................................................................... 44
ARTICLE (68) ........................................................................................................... 45
ARTICLE (69) ........................................................................................................... 45
ARTICLE (70) ........................................................................................................... 46
SCHEDULE NO. (1) .................................................................................................... 47
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CHAPTER I : SOCIAL INSURANCE BRANCHES AND DEFINITIONS
ARTICLE (1)
1. This Law shall be called “Social Insurance Law” and shall constitute the
following insurance branches :
ARTICLE (2)
Unless otherwise is provided for herein, the terms used herein shall have the
meanings explained below:
1. The term “Minister” means the Minister of Labour and Social Affairs.
3. The term “Organization” means the General Organization for Social Insurance.
5. The term “benefits” means the benefits afforded by each of the branches of this
Law notwithstanding that they may be cash benefits such as pensions, benefits or
allowances or services such as treatment services and whatever is related thereto.
6. The term “employer” means any natural person or legal entity (to whom this Law
applies) employing one or more workers satisfying the conditions provided for
herein.
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7. The term “contributor” means any person who is subject to insurance, be he a
man or woman, thus the use thereof in a masculine form in any provision shall
include the woman insofar as it is appropriate. The contributor is described as a
compulsory contributor if he is one of the workers referred to in paragraph (3) of
Article (4) and as a voluntary contributor if he is among the categories provided
for in paragraph (4) of Article (4) and paragraph (1) of Article (8).
a. The widow or widower of the deceased, and the widower is the one whose
contributing wife died and is suffering a loss of earning capacity until he is no
more incapacitated.
b. The sons who are under twenty one years of age until they complete such age
and the daughters until they marry. The maximum age limit prescribed for the
sons shall be extended until they complete twenty six full years if they are
continuing their studies in educational or vocational institution, and no age
limit is set so long as they are unable to engage in any occupation by reason of
chronic disease or infirmity.
c. The grandsons and granddaughters whose father died during the lifetime of
the contributor and were supported by the contributor until the date of his
death, subject to the same conditions as prescribed in respect of the sons and
daughters.
d. The parents of the deceased contributor who were supported by him at the
time of his death, provided that the father is unable to work, or otherwise is
over sixty years of age and not working.
f. The brothers and sisters of the contributor subject to the same conditions
referred to in respect of sons and daughters, provided they were supported by
him at the time of his death.
9. The term “employment injury or injuries” means the accidents occurring during
or by reason of employment and the occupational diseases laid down in Article
(27)
ARTICLE (3)
1. The Minister may issue rules that permit the employers, individually or
collectively, to set up private welfare institution for the purpose of granting their
workers and their workers’ families, if need be, additional benefits over and
above those provided for in this Law, provided that such rules shall include the
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conditions for establishment of institution and the method of management and
liquidation thereof.
2. The provisions of this Law shall not prejudice such other social insurance cash
benefits as may have already been payable to the contributor or his family
members by private institutions.
ARTICLE (4)
With due regard to the provisions of Articles (5) and (6), the Occupational Hazards
Branch and the Annuities Branch shall apply according to the following details :
2. The Annuities Branch shall be compulsorily applied to all Saudi workers without
any discrimination as to sex, provided that the covered worker shall be under 60
years of age upon his initial coverage under the Law. Where a worker, who has
been previously covered by the Social Insurance Law, has re-engaged in an
employment subject to the Law at age 60 or over, he shall be treated as follows:
b. If he is not a pensioner, the Law shall apply to him irrespective of his age
on the date of his re-engagement in employment.
3. For the purposes of application of the provisions of the paragraphs (1) and (2) of
this Article, the worker shall have been employed by virtue of an employment
contract for the benefit of one or more employers regardless of the duration,
nature or form of the contract or the amount or kind of the wage paid, provided
that his employment is mainly performed within the Kingdom, or that the worker
is a Saudi national if he works abroad for an employer whose head office is within
the Kingdom, as laid down by the Regulations.
4. The Annuities Branch shall voluntarily apply to the Saudi citizens who are
engaged in liberal professions or who conduct, for themselves or in partnership
with others, a commercial, industrial, agricultural or service activity, or
tradesmen, or Saudi nationals employed abroad and have no employment relation
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with an employer whose head office is within the Kingdom, in accordance with
the provisions of the Regulations. The Occupational Hazards Branch may, by
decision of the Minister on the approval of the Board of Director, be applied to
the said categories as provided for by the decision.
5. Without prejudice to the provisions of Article (5), and by decision of the Minister
on the approval of the Board of Directors, special measures may be taken to
extend coverage under any of the insurance branches to citizens outside the
categories provided for in this Article.
6. The provisions of each of the insurance branches that will eventually be instituted
shall prescribe its scope of coverage.
ARTICLE (5)
1. Excepted from coverage by the insurance provided for in the Law are:
a. Civil servants and members of the armed forces and the police, who are
covered under the retirement pension plans for the civil servants and
military personnel.
d. Sea-men including the sea-fishermen, save for those subject to the Labour
and Workmen Law, as well as those employed in the marine establishments
and companies and fishing companies which satisfy the criteria and controls
prescribed by the Regulations.
e. Domestic servants.
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Nevertheless, any of those referred to in sub-paragraphs (g) and (h) above, may
request to benefit form the provisions of this Law as provided by paragraph (4) of
Article (4).
2. Some or all of the categories mentioned in sub-paragraphs (c), (d) and (e) of the
preceding paragraph may be covered under the Law, by decision of the Minister,
on the approval of the Board of Directors and in accordance with the provisions of
Article (6).
ARTICLE (6)
The actual application of the social insurance branches provided for in Article (1)
shall take effect in stages to be determined by a decision of the Minister on the
recommendation of the Board of Directors.
ARTICLE (7)
1. The employers employing workers shall be liable to apply the Law and the
Regulations thereof, and the application shall take effect on the day the conditions
provided for in this Law and its Regulations and in the Ministerial Decisions
made pursuant to the provisions of Article (6) are satisfied.
2. The Regulations shall prescribe the method of registration with the Organization
of the employers and the contributors covered by this Law.
ARTICLE (8)
3. The contributor under the provisions of paragraph (1) shall, in respect of the total
of his two periods of contribution, be subject to the same rules for the
computation of the period of contribution and for the entitlement and calculation
of the benefits which apply to all contributors.
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4. The Regulations shall set forth the rules and procedures for the
implementation of this Article.
ARTICLE (9)
1. The Organization shall administer the social insurance and implement the
provisions of this Law. It shall be a legal entity, enjoy administrative and
financial independence and be guaranteed and controlled by the State.
ARTICLE (10)
- Three members form among the contributors to the scheme who are highly
qualified in their work.
2. The Board members, excluding the Chairman and the Vice Chairman, shall be
appointed by resolution of the Council of Ministers on the recommendation of
the Minister, and their term of membership shall be three years only.
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3. The Board shall hold at least one ordinary meeting every three months upon
convocation by the Chairman or Vice Chairman. The Board may also be
convoked for a meeting upon a request made by at least seven members.
Decisions shall be made by majority vote in the presence of at lest seven
members. In case of equal voting, the opinion of the side comprising the
Chairman shall be taken, provided that in all cases, the number of members
voting in favour of the decision shall not be less than four.
4. The Board may call experts or specialists to attend its meetings without
having the right to vote.
5. Remunerations for the Chairman, Vice-Chairman, and the rest of the members
shall be fixed by the resolution of the Council of Ministers on the
recommendation of the Minister and paid from the Organization’s budget.
6. The Board shall lay down its own rules of procedures in conformity with the
provisions of this Law.
ARTICLE (11)
The decisions which are made by the Board of Directors under the chairmanship of the
Vice-Chairman and require, by virtue of the Law, approval by the Minister, shall be
referred to the Minister within eight days from the date of issue thereof. If, within fifteen
days from the date of such referral, such decisions are not approved by him, they shall
become effective. The Minister may, within the said period, remand to the Board of
Directors decisions which are not approved by him, showing the reasons for disapproval
thereof, provided that the remanded decisions shall be placed on the agenda of the
following Board meeting, and such decisions shall become effective if at least seven of
the present members vote in favour thereof.
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ARTICLE (12)
5. Approving the accounting plan, the balance sheet, the financial report and the
final account of the Organization.
7. Devising and approving the general plan for the investment of the
Organization’s funds and approving the fields of investments which it deems
useful for the employment of such funds within the framework of the said
plan.
ARTICLE (13)
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b. implement the decisions of the Board of Directors and shall
directly report to such Board; and
ARTICLE (14)
d. To examine the Financial and accounting system and the accounting plan
and propose development thereof.
3. The Committee shall, at the end of the sixth month of each fiscal year,
prepare a report showing its remarks on the Organization’s activities in the
last six months and shall, at the end of the fiscal year, prepare an annual
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report. The Committee’s report shall be presented at once to the Minister,
Board of Directors and Governor of the Organization.
4. For the proper performance of its functions, the Committee shall be assisted
by a number of specialized employees who will be attached to it by the
Governor in response to the request of the Chairman. Such employees shall
remain responsible solely before the Chairman throughout the period of their
assignment with the Committee.
ARTICLE (15)
2. The Board shall issue employment regulations that determine the conditions
governing the appointment, discipline and termination of the services of the
employees of the Organization and set forth their rights and duties.
ARTICLE (16)
1. The Minister shall exercise the state control over the Organization and may, in
addition to his powers and prerogatives provided for in this Law and its
Regulations, request the Organization to give him all necessary information and to
place at his disposal such books, files and documents as he may deem necessary
to exercise this control.
2. To achieve the same purposes, the Organization shall, at the end of each year,
submit to the Minister a report on the works performed in that year.
ARTICLE (17)
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2. the state annual subsidy allocated in the State general budget, as needed;
3. the additional amount provided for in paragraph (5) of Article (19) hereof in
respect of delay in payment of contributions;
6. such other revenues as may be allocated for the Organization by virtue of the
provision of another law or regulations.
ARTICLE (18)
b. The contribution for the Annuities Branch, in respect of the contributors of the
categories mentioned in paragraph (4) of Article (4) shall be fixed at 18%
(eighteen percent) of the assumed wage chosen by the contributor in
accordance with the provisions of Section 3 of Chapter V, which contribution
shall wholly be payable by the contributor.
3. The rate of contribution provided for in the preceding two paragraphs may be
modified by a decision of the Council of Ministers issued on the recommendation
of the Minister after the Board of Directors shall have expressed a motivated
opinion based on an actuarial study.
ARTICLE (19)
1.a.The contributions provided for in paragraphs (1) and 2(a) of the preceding
Article shall be computed on the basis of the basic monthly wage received by
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the contributor. The Regulations shall prescribe the basic wage and may, for the
purposes of computation of contributions, add to the wage any of the allowances
and benefits in kind due to the contributor. The regulations shall also prescribe
the method of determining the contributory wages of the contributing workers
whose wages are determined by piece, as well as the method of computation of
the amount of contributions payable in favour of the apprentice worker.
b. The maximum contributory wage shall be SR 45,000 (forty five thousand Saudi
Riyals) per month. This limit may be raised by the Regulations as revealed by a
revision of wage levels to be made from time to time.
2. The contributions due under the provisions of paragraph 1 (a) for the increases in the
contributory wage of the worker shall no more be paid with effect from the date on
which he reaches age fifty except to the extent of the percentage prescribed by the
Regulations, with due regard to the wage levels and the various increases therein.
4. The employer shall pay to the Organization the full amount of contributions due from
him and from his contributing worker, and the employer alone shall be responsible
towards the Organization for the payment of such contributions. In return, the
employer may deduct from the wage of his contributing worker the contributions due
from the worker every time he pays him his wage. Should the employer fail to
withhold such contributions upon payment of the wages, he may not withhold such
contributions in any form thereafter.
5. Contributions shall be paid to the Organization within the first fifteen days of the
month immediately following that for which the contributions are due. If payment is
not affected within this period, the employer shall pay a fine for delay at the rate of
2% (two percent) of the unpaid contributions for each month or fraction of a month of
delay. The Regulations shall prescribe the maximum fines for delay and the cases in
which payment of all or part of the fines may be exempted.
6. All state and semi-state bodies and state-owned or shared companies, or joint stock
companies shall require the employer dealing with them to submit a certificate issued
by the appropriate insurance office evidencing that his firm has been registered with
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the Organization and that he has discharged all his obligations towards the
Organization or otherwise that he is not subject to the provisions of this Law, upon:
a. claiming his due payments in accordance with the rules and procedures
followed in the collection of entitlements of the Zakat and Income
Department;
d. applying for receipt of the aid determined for him by the State;
g. applying for a license for any project or for renewal of such license.
8. The Employer shall, within the period prescribed in paragraph (5) of this
Article, submit to the Organization monthly payrolls in the forms specified by
the Organization.
ARTICLE (20)
2. The Organization may, after obtaining a court order, effect through the official
authorities, attachment or compulsory execution on any of the funds owned by
the employer or due to him from any government agency or individual for the
purpose of settlement of the amounts due to the Organization so long as the
statements of such amounts are duly approved by the Minister.
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ARTICLE (21)
Each of the branches of insurance shall have accounts of its own. The Board of
Directors shall allocate to each branch its share in the administrative expenses and
shall lay down the rules governing the distribution among the various branches of the
revenues that do not belong to any particular branch.
ARTICLE (22)
The funds and revenues of the Organization shall only be used for providing the
benefits provided for in this Law and for covering the necessary administrative
expenses of the Organization.
ARTICLE (23)
ARTICLE (24)
b. The accounts.
ARTICLE (25)
A detailed study of the financial position of the Organization and each insurance branch
shall be made at least once every three years. The results of such study may be taken as
a basis for the revision of the contribution rates in accordance with the provisions of
paragraph (3) or Article (18). Should the study reveal an actuarial deficit, the State shall
cover such deficit by means of subsidy appropriations in the general budget.
ARTICLE (26)
The administrative expenses of the Organization may not exceed 5% (five percent) of its
revenues. However, the Minster may, by decision of the Council of Ministers on the
recommendation of the Minister, reduce such rate or raise it up to 7% (Seven Percent) as
a maximum.
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CHAPTER V : THE BEFEFITS
ARTICLE (27)
ARTICLE (28)
b. The daily allowances for temporary work disability, if, by reason of the
injury, the contributor becomes temporarily unable to work.
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c. The monthly benefit and lump sum compensation for permanent total or
partial disability resulting form the injury.
e. The grant for the family of the injured person or recipient of the benefit in
the event of his death.
ARTICLE (29)
1. The medical care shall aim, through all possible means, at maintaining and
restoring the health of the injured person, or, should this be impossible, at
improving his health condition and his ability to work and to attend to his
personal needs. Such medical care shall include the following :
b. Dentistry services
f. Artificial limbs and the like or any medical or surgical appliances required
to correct the injury in addition to maintenance and replacement of these,
as needed.
2. Medical care shall be provided without any time limitation and for as long as
the condition of the injured person requires.
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3. The employer shall be liable to provide first-aid to the injured person and shall
take the necessary measures to meet this liability, taking into consideration the
number of workers he employs and the occupational hazards inherent in the
performance of the operations carried out in his enterprise.
4. The medical care shall be provided by the hospitals, medical centers and
clinics owned by the Organization or entered into contract with for this
purpose, or by the public health centers and aid medical staff available at these
centers which are likely to provide the proper care, without any charge to the
injured person. In emergency cases, the injured person may have recourse to
any physician or physician’s aid or private medical clinic or private hospital,
and the Organization shall bear the ensuing expenses, provided that it shall be
notified of the same within three days from the date on which this right is
exercised, save if exceptional circumstances should prevent such notification,
in which case the period shall be extended accordingly.
6. The Regulations shall determine the manner in which the provisions of this
Article will be implemented, the methods and grace periods of the reporting of
employment injury cases which must be referred to the appropriate offices of
the Organization, and the kinds of injuries that must be reported.
ARTICLE (30)
2. The amount of the daily allowance for injury shall be assessed at the rate of 100%
(one hundred percent) of the injured person’s daily contributory wage for the
month preceding the month in which the injury was sustained, which amount shall
be reduced to 75% (seventy five percent) of the said wage while he is under
treatment at the Organization’s expense at a treatment center or elsewhere.
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3. The Regulations shall prescribe the method and intervals of payment of the daily
allowance.
ARTICLE (31)
3. The amount of the payable monthly benefit shall be increased by 50% (fifty
percent) as an allowance if the injured person is in need of the constant help of
others in the performance of his daily life activities, provided that the amount of
such allowance shall not exceed the maximum prescribed by the Regulations.
4. The average monthly wage shall be computed by taking one third of the total
contributory wages paid during the three months preceding the month in which
the injury was sustained. If during this period, the injured person had not worked
at all or had worked partially for the employer in whose employ the injury was
sustained, the average monthly wage shall be computed by taking one third of the
total wages which would have been subject to contribution had the injured person
been working under the same conditions and continuously with the last employer
throughout the base three months period.
ARTICLE (32)
In case of permanent partial disability resulting from employment injury which is less
than 50% (fifty percent), the injured person shall be entitled to a lump sum injury
compensation equivalent to 60 times the monthly benefit prescribed for permanent
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partial disability which he could have claimed according to the percentage of the
resulting disability pursuant to the provisions of the preceding Article, if he was not over
40 years on the date he sustained the injury, otherwise the said compensation shall be
reduced by a number of monthly benefits equivalent to the number of years in excess of
his 40 years of age, provided that the amount of compensation shall not be less than 36
times the assumed monthly benefit and shall, in no way, be more than SR 165,000 (one
hundred sixty five thousand Saudi Riyals). The Regulations may, by justifiable reasons,
provide for raising this maximum.
For the purposes of implementation of the provisions of this Article, the fractions of a
year shall be considered as one whole year if they are equivalent to or exceeding six
months and shall be disregarded if they are less than six months.
ARTICLE (33)
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ARTICLE (34)
2. The disability benefits shall be granted on temporary basis, and the Organization
shall require the injured persons to undergo periodical examinations during the
first five years following the assessment of the disability. The benefit shall
become payable for life by the lapse of the said five years. The dates of the
examinations shall be fixed by the Medical Boards provided for in Article (53) of
this Law. Should such examinations show an increase or decrease in the degree of
disability of the injured person, the Organization shall, of its own accord or at the
request of the beneficiary, revise the benefit, and such benefit shall be raised,
reduced or stopped, depending on the change in the condition of the beneficiary,
as of the first day of the month immediately following the confirmation of the
intervening change.
3. The injured contributor who is entitled to monthly benefit shall have the right to
concurrently received both the monthly benefit and his employment wage.
ARTICLE (35)
2. The benefit shall be paid to the eligible family members on equal basis, at the rate
of 100% (one hundred percent) for three members and at the rate of 75% (seventy
five percent) for two members, and at the rate of 50% (fifty percent) for one
member, provided that the share payable within the Kingdom to any family
member shall not be less than SR 300 (three hundred Saudi Riyals) per month,
and that their total shares shall, accordingly, not exceed the average wage taken as
a basis for the calculation of the deceased contributor’s benefit or SR 1,500 (one
thousand five hundred Saudi Riyals) per month whichever is greater. Should their
total shares exceed such amount, their individual shares shall be reduced
proportionately.
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The Regulations may provide for raising said minimum subject to the increase in the cost
of living in the Kingdom and the results of the review of the financial position of the
organization. In case of cancellation of a share of a member of the family, his share shall
be repaid to the other eligible family members without prejudice to the foregoing limits.
3. a. The benefit payable to the widow, daughter, sister or grand daughter shall be
suspended if she marries. However, if she is divorced or widowed thereafter,
payment of her suspended share shall be resumed to her. If such share has already
been wholly or partially redistributed among certain eligible survivors, their
entitlements shall be reduced by the same amount, in which case the total amount of
shares shall not exceed the limits provided for in paragraph (2).
4. The benefit payable to the incapacitated son, brother or grandson shall be cancelled in
case he is no more incapacitated. However, if he is re-incapacitated his suspended share
shall be returned to him. In case such share has already been wholly or partially
redistributed among certain eligible survivors, their shares shall be reduced by the same
amount, provided that the total shares shall not exceed the limits provided for in
paragraph (2).
ARTICLE (36)
As an exception to the provisions of Articles (31) and (35), the non-Saudi injured person who
qualifies for monthly benefit or the members of his family in the event of his death as a result
of an employment injury, shall be paid a lump sum compensation in lieu of the monthly
benefit. The lump sum compensation shall, in this case, be assessed according to the
following rules:
1. The total benefit payable for seven years for the injured person who is afflicted with
permanent total disability up to a maximum of SR 330,000 (three hundred thirty thousand
Saudi Riyals).
2. The total benefits payable for five years for the injured person who is afflicted with
permanent partial disability up to a maximum of SR 165,000 (one hundred sixty five
thousand Saudi Riyals).
3. The total benefit payable for seven years for the contributor deceased as a result of an
employment injury, which benefit amount shall be distributed among his eligible family
members in accordance with the provisions of paragraph (2) of Article (35) of this Law,
provided that the distributed lump sum shall not exceed the maximum limit fixed under
paragraph (1).
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4.The Regulations may, for justifiable reasons, provide for raising the maximum limits
mentioned in paragraphs (1) and (2).
ARTICLE (37)
The Organization shall be liable to pay the expenses of preparation and transportation of
the body of the deceased contributor who was receiving an employment injury benefit in
accordance with the details laid out in the Regulations.
ARTICLE (38)
b The contributor who has not attained sixty years of age and ceased to be
covered under the provisions of this Law, may receive a retirement
pension if he has completed a minimum period of contribution of 300
(three hundred) months.
c. The female contributor, who leaves the activity subject to this Law, may
receive her payable pension so long as, on the date of leaving the said
activity, she has attained at least fifty five years of age and completed at
least 120 (one hundred twenty) contribution months.
e. The Organization shall pay the retirement pension to the family of the
contributor who is sentenced for a term of imprisonment so long as he has
completed at least 120 (one hundred twenty) contribution months even
though he may be under 60 years of age. The Regulations shall set the
rules and procedures for the implementation of this provision including
the term of imprisonment for the purposes of taking advantage of this
provision.
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f. The contribution months shall be computed in accordance with the
provisions of Article (47) and the age of the contributor shall be
determined in accordance with provisions of Article (48)
2. The contributor who has completed at least five years of contribution and his
contribution has discontinued at age sixty without completing the period
qualifying for retirement pension, may claim to be credited for certain period
provided that the period credited for shall not exceed five years or the period
required to qualify him for retirement pension whichever is less. He shall, in this
case, pay to the Organization the total contributions payable to the Annuities
Branch provided for in sub-paragraph 2(a) of Article (18) for each month of the
credited period, computed on the basis of the average monthly contributory wage
to be used for the purposes of determination of pension. The said amount of
contributions shall be paid in one payment or in monthly installments as provided
for in the Regulations.
b. “Average monthly wage” shall mean one twenty-fourth part of the total
contributory wages received throughout the last twenty four months of
contribution period.
c. The average referred to in the preceding sub-paragraph shall not exceed 150%
(one hundred only) of the contributory wage received at the beginning of the last
five years of the contribution period. The Board of Directors may raise this
percentage in accordance with the wage graduation. This provision shall apply to
the contributors who are not covered under the provision of paragraph (2) of
Article (19) in respect of the last five years of their contribution period.
d. If it is established that the contributor’s average monthly wage for the last two
years of his contribution period is less than his average wage for former years, his
pension shall be computed on the basis of dividing his contribution periods into
separate periods should the contributory wages vary. The pension is respect of
each period shall be based on the average wage for the last two years of such
period, taking into consideration that the final pension shall be equivalent to the
total pensions payable for the separate periods, provided that it shall not exceed
100% (one hundred percent) of the mean average wages taken as a basis for the
computation of pensions payable for the separate periods.
The Regulations shall specify the rates of contributory wage variation between
one contribution period and another justified to be reckoned as separate period
and shall set forth the maximum number of periods which may be considered as
separate periods.
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e. The Regulations shall determine the method of computation of pension for
the period of contribution paid totally or partially with more than one
employer.
f. The retirement pension payable to the contributor shall not be less than the
minimum limit provided for in paragraph (1) of Article (31).
4. a. With due regard to the provisions of paragraph (2) of Article (4), if a recipient
of a retirement pension resumes work whereby he benefits from the provisions
of this Law, his pension shall be suspended as long as he is engaged in this
work. If his wage from his new work is less than his average wage taken as a
basis for the adjustment of such pension or his last wage included in such
average, whichever is greater, a pension amount will be credited to him to
make up the difference. Upon the termination of his final employment, he
shall be treated by one of the following two methods, whichever is more
suitable to him:
1. The pension shall be adjusted for the total of the previous and the final
periods of contribution, as both are considered as one integrated unit, on
the basis of the average contributory wage for the last two years of the
final period of contribution.
ARTICLE (39)
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2. The disability shall have occurred before attainment of age 60 and the
contributor shall have been covered under the provisions of this Law,
provided that the disability shall be established by the appropriate Medical
Boards within 18 (eighteen) months from the date of termination of the
contribution period. However, where the disability has occurred while the
contributor is no more covered under the provisions of this Law, he shall be
entitled to the retirement pension without having to wail until he is sixty years
of age so long as he has completed ten or more years of actual contribution or
has completed the same by period credited to him by virtue of the provisions
of paragraph (2) of Article (38).
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b. If, according to medical prognosis, the state of disability mentioned in
sub-paragraph(a) is such as would, by medical judgment, be presumed
to last for a period equaling or exceeding six months.
ARTICLE (40)
ARTICLE (41)
1. The contributor who has attained age sixty or over or the contributor who is
afflicted with a disability of the kind provided for in paragraph (6) of Article (39),
if he fails to qualify for a retirement or disability pension, shall be entitled to a
lump sum compensation assessed at the rate of 10% (ten percent) of the average
contributory wage taken as basis for the computation of the retirement pension,
for each month of contribution in the first five years and at the rate of 12%
(twelve percent) for each month in excess thereof.
In exception of this paragraph, the lump sum compensation payable for the period
of contribution completed before this Law is put into effect shall be computed at
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the rate of 6% (six percent) of the said average wage for each month of his
contribution in the first five years and at the rate of 7% ( seven percent) for each
month in excess thereof.
3. In exception of the provisions of paragraph (1), the contributor may, in the event
of his leaving the insurable employment, receive a lump sum compensation
payable under the provisions of the said paragraph, without having to wait until he
is 60 years of age or becomes disabled, in the following cases:
ARTICLE (42)
The provisions of this Section shall apply to the voluntary Saudi contributors. Save for
the provisions of this Section, all other provisions of this Law that apply to the other
contributors and their family members shall apply to the voluntary contributors in
accordance with the provisions of the Implementing Regulations.
ARTICLE (43)
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which shall also prescribe the rules that shall be followed in the event of the
contributor’s wish to change the category into a higher or lower one.
3. The Regulations shall lay down the procedures for payment of contributions in
respect of the said categories.
4. The voluntary contributors of the said categories shall be excepted from the
provisions of sub-paragraph (3.c) of Article (38).
ARTICLE (44)
ARTICLE (45)
In exception of the provisions of paragraphs (1) and (2) of Article (38), the voluntary
contributor may not demand early retirement and payment of his pension before he
attains sixty yeas of age unless he proves the termination of his activity on which basis he
has contributed to the scheme.
ARTICLE (46)
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SECTION 4: THE PROVISIONS COMMON TO THE OCCUPATIONAL
HAZARDS BRANCH AND ANNUITIES BRANCH
ARTICLE (47)
2. The periods during which the contributor received daily allowance for injury
shall be regarded as contribution periods for the purposes of entitlement to
benefits under the Annuities Branch. Accordingly, every 30 daily allowances
shall be regarded as a contribution month.
ARTICLE (48)
The age of the contributor shall be determined by means of his birth certificate or by
the certificate duly issued by the appropriate authorities. If it is impossible to produce
such documents, the age shall be determined by one or more physicians to be
designated by the Organization. The person concerned may appeal against the
physician’s decision before the appropriate Medical Board provided for in Article
(53). Wherever entitlement to or determination of the amount of the benefit depends
on the age of the contributor, the same procedure shall be applied.
The age determined as above shall be final notwithstanding that a difference between
the actual age and the determined age may be discovered later.
ARTIICLE (49)
The Regulations implementing this Law shall lay down the following:
2. The procedures for payment of benefits to the beneficiaries residing outside the
Kingdom.
ARTICLE (50)
The widow, daughter, sister or granddaughter who is eligible for monthly benefit or
pension under the provisions of the Law shall be paid, for once, a marriage grant
equals in amount 18 (eighteen) times the monthly benefit or pension she was
receiving, and, accordingly, payment of such benefit or pension shall discontinue at
the end of the month in which the marriage took place.
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If, after payment of such grant, the benefit or pension share of any of the said persons
is reinstated as a result of her divorce or widowhood prior to the lapse of the eighteen
months period from the date of discontinuity of payment of benefit or pension, the
balance for the remaining period shall be recovered from her share determined to be
reinstated.
ARTICLE (51)
The Organization shall pay a grant equivalent to the deceased contributor’s pension or
benefit for three months up to a maximum of SR 10,000 (ten thousand Saudi Riyals) in
the following cases:
The Regulations shall designate the persons to whom the grant shall be paid, and the
Board of Directors may, for justifiable reasons, raise the maximum amount of the grant.
ARTICLE (52)
1. Payment of the monthly benefit and pensions provided for in this Law shall
commence on the first day of the month immediately following the month
during which the conditions required to quality for benefits are satisfied,
except that the permanent total or partial disability benefits shall be paid as of
the day on which payment of the daily injury allowance is discontinued.
2. Payment of benefits and pensions shall cease at the end of the month in which
the respective beneficiaries die or otherwise on the day on which they cease to
qualify for such benefits or pensions in other cases.
ARTICLE (53)
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2. The contributor or his eligible survivors (as applicable) or the Organization
may appeal against the decisions issued by the Primary Medical Boards before
an Appeal Medical Board to be set up at the Head Office of the Organization.
3. The Regular shall set forth the composition of the Medical Boards provided
for in the two preceding paragraphs, their rules of procedure, and the method
of appointment and remunerations of their members and such other provisions
as may be related to such Boards.
ARTICLE (54)
1. The Organization shall pay to the contributor or to his family members the full
benefits provided for in this Law regardless of the causes and circumstances
of the contingency. However, such benefits shall not be due if the
contingency has resulted by willful conduct or criminal act of the beneficiary.
2. The employer shall not be liable to pay a benefit to the contributor who
sustains an employment injury or to his family members unless the injury has
been caused by the employer’s willful conduct, gross error or failure to abide
by the Law or occupational health and safety regulations. In these cases, the
injured person or his family members shall reserve their full rights to the
benefits prescribed for them by the Islamic Shariah or other legislations. The
injured person or his family members shall also reserve their full rights to
such benefits in case of an employment or ordinary injury which is caused by
the fault of a third party other than the employer. In all cases, the Organization
shall pay to the beneficiaries the benefits awarded under the Law.
3. Failure on the part of the employer to pay the contributions shall not
prejudice the entitlement of the worker to benefits.
ARTICLE (55)
1. The Organization shall pay to the family members of the contributor, who is
sentenced for a term of imprisonment, his injury benefits and pensions, as
long as he is detained in prison.
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a. The contributor may combine both the benefit and pension within a limit
not exceeding 100% (one hundred percent) whichever is greater between
the following two amounts:
The first : The average wage taken as a basis for the computation of
the occupational disability benefit after it is raised by an
assumed annual increment of 7% (seven percent) for each
full year falling between the date of establishment of his
disability and the date of his retirement provided that it
shall not exceed age sixty.
The second : The average wage taken as basis for the computation of
the pension.
c. The combination of both the benefits and pensions payable to the family
members shall be in the following cases:
1. The sons and daughters eligible for pension or benefit shall combine
their entitlement in respect of their father with their entitlement in
respect of their mother.
2. The widow shall combine her own pension with her husband’s
pension.
3. The beneficiary who is incapacitated for work shall combine both the
pensions and benefits payable to him.
e. In cases other than the foregoing ones, it is not permissible to the family
members to combine more than one benefit or between the benefit and
work income, except in cases and within the limits provided for by the
Regulations.
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ARTICLE (56)
The cash benefits provided for in this Law are neither attachable nor assignable save in
accordance with the same conditions as provided for in the workmen and Labour Law.
ARTICLE (57)
Claims for daily injury allowances, transportation and lodging allowances and
deceased’s family grant shall not be accepted after the expiry of one year, and claims for
the remaining benefits shall not be accepted after the expiry of five years from the date on
which the right to benefit arises unless there is an excuse acceptable to the Organization.
ARTICLE (58)
The Organization shall pay the benefits determined by the Law to the family members of
the missing contributor in accordance with the following provisions:
2. For the purposes of insurance entitlements due to the family members, the
missing contributor shall be treated the same as the deceased after the lapse of at
least six months from his date of missing. If it is established by the Organization
by decisive evidence that such missing has taken place during or by reason of the
work and the missing contributor has been covered under the Occupational
Hazards Branch, the entitlements of his family members shall be determined in
accordance with the provisions of the said Branch.
4. The rules and procedures for application of the provisions of this Article shall be
laid down in the Regulations which may further include other forms of missing
cases in which the family of the missing contributor shall receive the said
benefits in accordance with the conditions provided therein.
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CHAPTER VI : GENERAL PROVISIONS
ARTICLE (59)
2. The benefits provided for in this Law shall be exempted from all taxes and
fees and from all kinds of levies.
ARTICLE (60)
1. The application of this Law and the relevant measures and regulations for the
purpose of its implementation by the employers and workers shall be
supervised by the insurance inspectors who shall be designated by the
Organization. The employers and their representatives shall allow the
Organization’s inspectors to obtain such information and documents as may
be required to facilitate the performance of their tasks and to examine the
records related to the nature of work, numbers of workers, wages of workers
and the method of calculation and payment of such wages. Any act of
opposition or hindrance committed against the Organization’s inspectors
during the performance of their tasks shall be subject to the same penalties
prescribed for cases of opposition and hindrance to the performance of the
functions of the labour inspectors.
ARTICLE (61)
1. The employers, contributors and whoever may be acting on their behalf shall
have the right to submit, through hierarchical levels, and appeal to any
decision issued by any competent agency of the Organization in connection
with the registration, contributions or benefits. Such appeal shall be submitted
to the agency immediately above the one that issued the decision appealed
against, as shown below.
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a. To the Governor of the Organization, with regard to the decisions
made by a director of an office.
b. To the Board of Directors, with regard to the decisions made by the
Governor.
2. Employers, workers and whoever may be acting on their behalf, whose appeal
submitted through hierarchical levels has not been accepted, may lodge a
complaint with the juridical authority concerned with labour cases hearings.
ARTICLE (62)
1. An employer who does not comply with any of the provisions of this Law and
its Implementing Regulations shall be penalized with a fine not less than SR
5,000 (five thousand Saudi Riyals). This limit shall be doubled if the same
violation is committed again. The fine shall be multiplied by the number of
contributors in respect of whom the employer committed one or more
violations, provided that the aggregate amount of the fines imposed each time
shall not exceed SR 50,000 (fifty thousand Saudi Riyals).
2. Without prejudice to any penalty more severe provided for in another law, a
person who willfully gives incorrect information for the purpose of obtaining
for others any undue benefits shall be penalized with a fine no more than SR
2,000 (two thousand Saudi Riyals). The said fine limit shall be doubled if the
same violation is committed again.
3. A person who gives incorrect information for the purpose of obtaining for
himself undue benefits shall be penalized with a fine to be paid to the
Organization. Such fine shall not exceed the total amount of benefit unduly
paid to him by the Organization. Furthermore, he shall be required to repay
whatever is paid of such social insurance benefits.
5. The decision for imposing the fine provided for in the preceding paragraphs
shall be issued by the Governor of the Organization. The concerned person
may, within thirty days from the date of notifying him of the decision, appeal
against the decision in accordance with the provisions of Article (61).
6. None of the fines provided for in this Article may be imposed in respect of the
violations committed before five or more years.
ARTICLE (63)
Any agreement or settlement which is made by those covered by this Law and is
inconsistent to the provisions of this Law shall be considered null and void if it is liable
43
to prejudice the rights of the beneficiaries or to impose additional obligations on the
contributors or their family members.
ARTILCE (64)
The workers covered under the provisions of this Law who work within the Kingdom and
suffer accidents during or by reason of work or contract occupational diseases before the
Occupational Hazards Branch applies to them, shall be treated in accordance with the
other statutory provisions related to compensations for employment injuries which are in
effect on the date of occurrence of the accident or discovery of the disease.
ARTICLE (65)
ARTICLE (66)
In exception of the provisions of paragraph (3) of Article (38) and Article (41), the
benefits payable for the period preceding the implementation of this Law for which the
contributor has paid contributions on the basis of wages higher than the wages prescribed
by virtue of paragraphs (1) and (2) of Article (19), shall be computed on the basis of the
contributory wages regardless of the length of the period, or on the basis of the last wages
at the end of the final period of contribution, whichever is better for the contributor, with
due regard to the rules for entitlement and computation of pension and lump sum
compensation provided for in this Law.
ARTICLE (67)
The contributor or any of his family members, as applicable, who satisfies the conditions
set forth in the Regulations and is receiving within the Kingdom on the date this Law is
put into effect, a monthly benefit or pension payable under the former Social Insurance
Law, his payment shall be increased as follows:
1. If the benefit or pension received by the contributor is less than SR 1,500 (one
thousand five hundred Saudi Riyals) per month, it shall be raised to this
amount.
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2. If the benefit or pension which has, after the death of the contributor, been
divided among his family members is less than SR 1,500 (one thousand five
hundred Saudi Riyals) per month, the shares of the eligible family members
shall be re-determined on the basis of raising their breadwinner’s entitlement
to this amount.
3. If the share of any of the family members in the benefit or pension is less than
SR 300 (three hundred Saudi Riyals), it shall be raised to this amount,
provided that the total amount of the shares of the family members pursuant to
this provision shall not exceed SR 1,500 (one thousand five hundred Saudi
Riyals) per month or the average wage taken as a basis for the calculation of
the benefit or pension payable to the deceased contributor, whichever is
greater, without prejudice to the provisions of the preceding paragraph.
ARTICLE (68)
1. The Minister shall, on the approval of the Board of Directors, and within one
year from the date of publication of this Law, issue the decisions and
regulations required for putting it into effect and such decisions and
regulations shall be published in the official gazette.
2. The decisions and regulations in force on the date of putting this Law into
effect shall continue to be valid in such matters as may not contradict the
provisions herein until the decisions and regulations provided for in the
preceding paragraph are issued.
4. Until the schedule of disability rates provided for in paragraph (1) of Article
(34), the schedule issued by the Council of Ministers resolution No. 191
dated 11/11/1418H. shall continue to apply.
ARTICLE (69)
1. This Law shall replace the Social Insurance Law issued by the Royal Decree
No. M/22 dated 6/9/1389 H and shall invalidate all the provisions that are
contradictory hereto, and the ensuing rights and obligations shall transfer to
the Organization, including the obligations resulting from its replacement of
the Contractors’ Fund.
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2. The Minister may, by a decision to be issued by him on the approval of the
Board of Directors, prescribe the provisions hereof that apply to the
contributors whose contribution period has been terminated prior to putting
this Law into effect, as well as to their family members.
ARTICLE (70)
This Law shall be published in the official gazette, and shall come into force with effect
from the beginning of the month immediately following the expiry of sixty days from the
date of its publication.
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SCHEDULE NO. (1)
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