How can the relationship between the teleworker and the employer be determined?
The contractual relationship for the teleworker is regulated by a written work contract explicitly stating that the work is carried out “remotely” for the employer and it specifies the following:
- The place or places where the job can be performed
- The job tasks and the job description
- Number of working hours and the work start and end times
- The salary and all the rights and allowances.
In addition to any other rights stated in the labor system or the ministerial decrees and the internal regulations adopted in the establishment.
What are the Telework requirements?
- The nature of the work can be performed through means of communication and information technology.
- The employer must comply with the following:
- Providing all the necessary tools and devices and other equipment for the employee to perform the work.
- Paying all the hardware maintenance costs to ensure their continuous workability.
- Paying the bills of all the means of communication and information technology provided to the worker in order to carry out his assigned work.
- Taking into account the public safety measures, which are required at the workplace, when determining the telework place or places to maintain the worker’s safety.
- The worker must comply with the following:
- Maintaining the tools and the devices, which are in his possession, as well as taking care of them, and requesting its necessary maintenance from the employer whenever required, and he must do so with his usual diligence and care.
- Returning the tools and the devices provided by to him by the employer, in order to perform his job, upon request, unless the parties agree otherwise.
- Refraining from using the tools and the devices, which are in his possession, for non-business related reasons, or in illegal acts.
Should the teleworker abide by the working hours adopted at the establishment?
No, the teleworking can occur at hours other than the working hours adopted at the establishment, provided that the working hours will be determined according to the circumstances and the nature of the work requirements, taking into account the provisions of the labor law and the ministerial decrees.
Does the program provide the option for part-time telework?
Yes, an employer is entitled to recruit full-time or part-time workers, provided that the part-time worker is calculated as half a worker, and is registered at the social security as a part-timer, and the part-timer should not be calculated in the localization percentages in more than two entities at a time.
Is it necessary to obtain prior authorization from the Ministry of Labor in order to recruit teleworkers?
It is not necessary to obtain prior authorization from the Ministry of Labor and Social Development (MLSD) or any other party to recruit teleworkers.
Can a worker, who performs his job at the original workplace, be converted into a teleworker or vice versa?
Through a written agreement, a worker, who performs his job at the original workplace, can be converted into a teleworker at the workplace agreed upon; and in this case the worker’s service is considered continuous. This applies if the teleworker is converted into a worker, who performs his job at the original workplace.
How are the teleworkers calculated in the Establishments’ Motivation for Saudization program (Nitaqat)?
The calculation of teleworkers in Nitaqat program is limited to the Saudi working women and people with disabilities from Saudi men and women, whose disabilities do not prevent them from performing a certain work; and the worker must be registered at the social security.
The workers are calculated as follows:
- Premium range: Provided that the percentage of teleworkers will not exceed 30% of the total Saudi workers.
- Green range: Provided that the percentage of teleworkers will not exceed 20% of the total Saudi workers.
- Yellow and Red ranges: Provided that the percentage of teleworkers will not exceed 10% of the total Saudi workers.
If the teleworkers’ percentages exceeded the maximum allowable limits in the Nitaqat program as a result of change in the number of Saudi workers in the establishment, this will not have any effect on those who have been counted as teleworkers before this change.
How can job seekers communicate with the companies and apply for jobs?
You can apply for jobs and work remotely through the following methods:
- Communicating with one of the accredited service providers for the program.
- Searching on job websites for telework jobs.
Is there a difference between the salaries of teleworkers and the workers in clerical jobs?
There are no differences in the financial transactions, unless the worker's monthly performance does not require moving to the workplace, as the establishment may not add to the value of transportation allowance to the salary.
Is there a difference between a teleworker and a worker in a clerical job in terms of promotions and accounting years of service?
No, the only difference is the workplace.
How can the program ensure the teleworker’s rights?
Through the direct supervision of the Ministry of Labor and Social Development for the program through the formal hiring authorities, registration at the social security and signing the formal contracts.
How to deal with the companies, whose number of teleworkers exceeds the percentage set forth in the new law?
The percentages clarified in the program’s laws do not reflect the maximum potential for remote employment, but reflect the percentage that will be calculated in the Nitaqat. The teleworkers must be registered at the social security and they must be identified as teleworkers, and then they have to access the telework portal and register their work details.
How much does it cost to employ a teleworker?
There is a list of service providers, who have been certified to provide the telework service, and it is agreed with them to provide the service in exchange for fees that vary according to every service provider and depending on the number of services provided for the establishment.
What are the requirements for counting teleworkers in the Saudization percentage in the Nitaqat program?
The teleworker has to be registered in GOSI
What are the consequences of conspiring with employer and engaging in “Fake Employment”?
The employee will be disqualified from receiving HRDF subsidy for 3 years at the first time, and 5 years at the second time.
What are the consequences of violating the Telework Regulation?
A fine with a cost ranging from 2,000SR to 5,000SR as per article No. 239 of the Labor law.
All or some of the sanctions stated in article No. 6 of the Council of Minister’s Decision No. 50 on 21/4/1415 AH.