The employment contract forms the cornerstone of the relationship between the worker and the employer. It is the legal instrument that defines rights and duties, regulates the course of work, and resolves potential disputes. As part of the Kingdom of Saudi Arabia’s efforts to develop the work environment and enhance the protection of all parties, the Ministry of Human Resources and Social Development decided to approve the “Unified Employment Contract”. This contract does not represent just a formal model, but rather a unified legal framework that ensures that all parties adhere to their duties.
Although a unified employment contract is a clear framework regulating the relationship between worker and employer, some cases may require legal advice. Through the office of Lawyer Abdul Majeed Al Rashid, you can communicate with lawyers licensed by the Ministry of Justice and specialized in the labor system, to help you understand the terms accurately and define rights and obligations correctly.
The Unified Employment Contract
First: Definition of the unified employment contract
The Unified Employment Contract is the mandatory model for individual employment contracts in the Kingdom of Saudi Arabia. It was approved by the Ministry of Human Resources and Social Development with the aim of unifying the basic provisions and regulating the relationship between the worker and the employer in accordance with the Saudi Labor Law and its executive regulations.
This contract is approved and documented electronically via the Ministry’s forces or systems platform, and is used in all new employment contracts or when renewing existing contracts.
The legal basis for the unified employment contract
The unified employment contract in the Kingdom is based on a set of articles in the labor system:
Article Fifty (50): The nature of the employment contract determines that it is “a contract concluded between an employer and a worker, under which the latter undertakes to work under the employer’s management or supervision in exchange for a wage.”
Article Fifty-Two (52): The Ministry is obligated to develop “a unified form for each type of employment contract ” that contains the following basic elements:
- Name and location of the employer
- The worker’s name, nationality, and what is required to prove his identity
- Worker’s address of residence
- Agreed wage including benefits and allowances
- Type and location of work
- Date of joining work
- Duration of the contract, if fixed
- Each party’s basic rights and obligations
- The same article gives flexibility to both parties to “add other clauses, in a manner that does not conflict with the provisions of the system, its regulations, and the decisions issued in implementation thereof.”
Second: The purpose of the unified employment contract
The unified employment contract came to put an end to the differences and gaps that existed in old contracts, and the Ministry of Human Resources and Social Development issued it in a mandatory and unified form for each type of employment contract, ensuring:
- Protecting the rights of both parties to the contractual relationship (employer – worker).
- Reducing labor disputes resulting from different formulations.
- Commitment to the minimum conditions imposed by the labor system.
Third: The basic clauses in the unified employment contract (legal formula)
According to the form approved by the Ministry of Human Resources, the contract includes the following items:
Preliminary data:
Establishment number in social insurance
Establishment number in the Ministry of Human Resources
The representative authorized to sign described him
National address and contact information
Nature of business activity
1. Data of the parties to the contract
- Name, nationality and ID number of the worker.
- Employer/establishment data.
2. Contract type and duration
• Fixed-term or indefinite-term.
• Contract start date and end date (if applicable).
3. Profession and workplace
• Job title and description of tasks.
• Work performance location.
• Type of work (full-time/part-time/temporary)
4. Wages and allowances
• Basic salary.
• Allowances (housing, transportation, etc.).
• Method and date of payment of wages.
5. Working hours and vacations
• Number of weekly working hours.
• Annual, sick and other leave.
6. Rights and obligations
- The worker’s obligations: such as (completing the work assigned to him in accordance with the principles of the profession, and adhering to good behavior and ethics during work)
- Employer obligations: such as (registering the second party with the General Organization for Social Insurance and providing medical care to the worker with health insurance)
7. Termination of the contract
• Contract terminations and advance notice provisions.
8. General provisions
• Subject to the Saudi labor system.
• Settlement of disputes according to regular mechanisms.
standard employment contract
How to issue a unified employment contract?
The contract is issued through the Qawa platform as follows:
- The facility owner logs in on the Qawa platform.
- Select the facility, then choose a service “contract management and documentation”.
- Complete facility data.
- Enter employee data.
- Filling out employment contract data (job title, contract duration, working hours, financial obligations, additional items… etc.).
- Send the request to the employee for approval.
- After approval, it is automatically documented and linked to the worker’s social insurance record.
Fourth: The possibility of amending or drafting the contract
The employer can amend the notarized contract and send it to the employee for approval or rejection. If the employee agrees, the new contract is approved, but if the amendment is rejected, the old contract remains valid as is. Taking into account the following:
- The unified employment contract is mandatory in its basic terms, and these terms may not be deleted or amended in violation of the labor system.
- If special clauses or annexes may be added that are agreed upon by the parties, provided that they do not conflict with the system or reduce the worker’s rights.
Fifth: The role of the lawyer in drafting or reviewing the unified employment contract
A lawyer from Abdul Majeed Al Rashid Law Firm and Legal Consultations, who specializes in drafting and reviewing contracts, helps you:
- Ensure that the terms comply with the laws, especially if special conditions are added.
- Drafting contract annexes to clarify additional benefits or obligations.
- Providing legal advice on the effects of the provisions on the labor relationship and the rights of both parties.
- Dealing with disputes resulting from the implementation or termination of the contract.
Sixth: Practical observations on the unified employment contract
- The (Qawa) platform does not allow deleting basic items, but it allows adding extensions.
- The attorney may not free the contract from scratch, but he or she ensures that any additions or modifications are regular and legally protected.
- It is best to have the contract reviewed by an attorney who specializes in the labor system before adopting it electronically to avoid disputes later.
In conclusion
A unified employment contract facilitates the organization of the relationship between the worker and the employer in a clear manner, ensures the protection of the rights of both parties, and provides a reliable legal framework for regulating the contractual relationship between them in a fair and transparent manner, which contributes to creating a stable work environment for both parties.
Some frequently asked questions about the unified employment contract
How long does it take to document a unified contract?
The Qawa platform does not require a specific time period, but the contract documentation period is based on the time it takes the employee to approve. The contract is automatically cancelled if the employee does not approve it after a period not exceeding 10 days.
Is the employment contract automatically renewed in Qawa?
If the contract is fixed-term, it can only be automatically renewed after a new contract is sent to the employee, who has two options: approval or rejection. If approved, the contract will be renewed.
How can I print an employment contract from the Qawa platform?
- Log in with your personal account to the Qawa platform
- Selection “Job Contracts”
- Selection “Your current contracts”
- Then click “Review your employment contract”
- Finally, choose to print or download in PDF format
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