What are Flexible Work Contracts? and how to create an account on the portal?

BY Nassr Albarakati Law Firm · 04 September 2023

Introduction

The contemporary labor market has seen the introduction of a novel work pattern known as the flex work system. This model aims to create a flexible work environment that enables all citizens to access suitable job opportunities. Flex work is characterized by part-time employment across one or more employers, with wages calculated on an hourly basis. It mandates that work hours for an employee at any given employer be less than half the total work hours at the establishment, allowing the worker to engage with numerous establishments provided there is no conflict of interest. The flex work contract is an electronic agreement documented through the Ministry's flex work portal.

1.    Applicants must be of Saudi nationality.

2.    The program must adhere to social insurance regulations.

3.    Contracts must be authenticated via the flex work platform.

4.    Flex work contracts are prohibited for government or military employees, individuals under 15 or over 65 years old in the private sector, business owners, retirees due to age or early retirement.

Financial Obligations Under Flex Work Contracts

Flex work contracts do not entail financial obligations for annual leave, maternity leave, sick leave, weekly rest, official holidays, transportation or housing allowances, end-of-service gratuity, health insurance, or social insurance.

Regulating Flex Work:

·      Contracts may be renewed for a similar duration or as agreed by both parties.

·      Unjust termination by either party entitles the aggrieved to compensation for the remainder of the contract term, unless otherwise agreed.

·      Employers are not required to compensate flex workers for paid leave types like annual or sick leave.

·      Flex workers are not subject to a probation period.

·      Wages are calculated hourly and paid monthly or as agreed by both parties.

·      A worker's employment hours under a flex work contract with any single employer should not exceed 95 hours per month.

·      Workers have the right to accept or decline work requests without repercussions.

·      Non-compete obligations post-employment apply to flex workers as per Article 83 of the Labor Law.

Registering Flex Workers

Employers must register flex workers and verify their details through "Absher" or by creating a personal profile on the flex work portal. Employers can search the portal for suitable candidates.


Creating an Employer Account on the Flex Work Portal:

Steps include accessing the portal link, selecting a new account, choosing an employer account, and logging in with ID number and password linked to the Ministry of Human Resources and Social Development.

 

Contract Creation in the Flex Work Portal:

Employers can create contracts specifying the daily, weekly, and monthly maximum hours, ensuring the hourly wage is not less than SAR 25. Employers can invite workers to contracts, which workers must accept to complete the hiring process.

 

Worker Account Creation on the Flex Work Portal:

Workers follow a similar process to create their accounts, selecting a new account, choosing a flex worker account, and registering with their ID number and birth date.

 

Modifying Personal Profiles:

Workers can edit their profiles by accessing the "Profile" section and saving the changes.

 

Note: Labor courts have jurisdiction over disputes arising from flex work contracts and other employment agreements.

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