In this article we hear from Mansoor Khan, Senior Account Manager for Proven SA, based in our Riyadh corporate office.

Ajeer is a regulatory regime for organizing the work of foreign nationals, by documenting the contractual relations which include direct labour contracts or subcontracts. Ajeer is designed to regulate and record the temporary work of foreign employees (expatriates) working for non-sponsors. This article will cover Ajeer for business services.

Ajeer for business service, currently this service is offered under three schemes:

  • Service contract
  • Temporary work service – employment services
  • Temporary work service – direct contracting service
  1. Ajeer for temporary work for dependents, which covers the following;
  2. Ajeer for temporary work during Hajj season
  3. Ajeer for the temporary work permit during the labour dispute

Service contract

It is a service designed to manage contractual relationships on projects that include direct contract and subcontracts which require employees to work on a client’s site or workforce of a party to work with another entity.

In authorized economic activities, enterprises may offer their services or request the services of other enterprises. The entities in the red and yellow Nitaqat range cannot benefit from this as a beneficiary or as a service receiver.

At the moment Ajeer covers six different business sectors under the Ajeer service contract. These six sectors are eligible for issuing an Ajeer for their employees to work for clients. However, the receiving party does not need to fall into these sectors.

  1. Construction
  2. Maintenance and operation contracting
  3. Cleaning and maintenance contracts
  4. Consulting services and business
  5. Institutes
  6. Colleges

 Temporary work service – employment services

It is a service which allows entities to borrow surplus employees from another entity. In all economic activities, enterprises can offer their surplus labour through advertising. Conditions for secondment of labour:

  • The maximum limit for each entity may borrow or offer only 20% of the total foreign labour.
  • To support small businesses (less than five employees), they are exempt from the utilization rate, but they are not allowed to loan their services to another entity.
  • The worker shall not be seconded in the first 12 months from the date of his entry into the Kingdom of Saudi Arabia.
  • The maximum period of secondment of a worker’s services is 12 months every two years (24 months) from the date of issuing the first notice.
  • The Yellow and Red Niteqat companies are allowed to provide service and lend their labour.

Temporary work service – direct contracting service

The service aims to facilitate access to the workforce by enabling individuals wishing to work, to register on the site and publish their CVs for direct contracting. Companies can benefit by contracting job seekers to suit their requirements.

This Ajeer scheme offers this service to cover three main areas:

To allow a temporary work permit for dependents

To allow individuals to work during the Hajj season

To issue a temporary work permit during a labour dispute

To allow a temporary work permit for dependents

The dependents holding an Iqama in Saudi Arabia can work in the education sectors without transferring their sponsorship. Conditions for Temporary Work Permit Service for Dependents:

  • The dependent and their sponsor shall have the valid residence
  • The age of the dependent should be minimum 18 years old

The dependent needs to have approval from the Ministry of Education to conduct a teaching profession.

Education facilities that can benefit from this are:

  1. Foreign schools
  2. Boys Schools
  3. National Girls Schools
  4. Boys and Girls Schools
  5. Kindergarten
  6. Education Institutes

Approvals are currently limited to a teacher’s profession only and Ajeer will be valid for one year from the date of issuance.

To allow individuals to work during the Hajj season

The service is aimed at facilitating and encouraging the participation of Saudis and expatriates in the Kingdom by working in the Hajj season through an electronic job market. It helps bring together the companies working in Hajj services and people wishing to work during Hajj season and documenting contractual relations between them.

Conditions for companies:

The company shall be one of the institutions of pilgrims inside or one of the civil institutions of the sects authorized by the Ministry of Hajj and Umrah.

Conditions for Individuals (Job Seekers):

All job seekers during the Hajj season are allowed to apply whether they are citizens or expatriates residing in the Kingdom, providing that the following conditions apply:

Saudi Nationals:

The applicant must be at least 15 years of age

Expats:

  • The resident shall hold current employment
  • The current employer approves
  • Companions and community members are allowed to register without applying the above two conditions if they are not employed at a registered establishment
  • Visitors are not allowed to use the service
  • Domestic workers are not allowed to use the service

The validity of the work period during the Hajj season will be a maximum of three months.

To issue a temporary work permit during a labour dispute

 This service is designed to facilitate and arbitrate the mechanism of issuing temporary work permits during the period of labour dispute by automating procedures for issuing these permits electronically through the Ajeer portal.

Terms of service:

  • The worker must have a valid labour dispute in one of the following areas:
    • The Central Authority for the Settlement of Labor Disputes
    • Supreme Commission for the Settlement of Labor Disputes
  • The case should be under the following categories:
    • Main category: collective issue or individual case
  • Subcategories: All subcategories, except the following categories:
    • Household Employment Issues
    • Issues of violations of the labour law
    • Death issues
    • Final exit issues
  • The status of the case must be ” vaild” and no final judgment rendered
  • The entities in the yellow and red Nitaqat range are not allowed to benefit from the service
  • The rules and regulations of the system must be observed in accordance with the laws of the labour regulations