Definition of Disability:
A person with a disability in the labor law means each and every person who, according to a medical report issued by the Ministry of Health or hospitals in other government sectors, or according to one of the identification cards issued by the Ministry of Human Resources and Social Development, means that he/she has one or more of the following disabilities: (visual disability, mental disability, physical disability, motor disability, learning difficulties, speech difficulties, behavioral disorders, emotional disorders, autism) or any other disability that requires the provision of any form of accommodation.
Definition of Work Ability:
The ability to work means the person with a disability fulfills the conditions for occupying the position or work for which he/she is applying, including the scientific, professional and / or skill requirements or any other requirements to be able to carry out his/her work tasks
Employment of Individuals with Disabilities in the Labor Law:
According to Article (28), every employer who employs twenty-five workers or more, and the nature of his/her work enables him/her to employ the disabled who have been professionally rehabilitated, shall employ at least 4% of the total number of his/her professionally qualified disabled workers, whether by nominating employment units or others.
According to Article (29), if any worker suffers a work injury resulting in a lack of his/her usual capabilities that does not prevent him/her from performing a job other than his/her previous work, then the employer in whose work the worker was injured shall employ him/her in the appropriate work for the wage specified for this work. This shall not prejudice the compensation he/her is entitled to for his/her injury.
Calculation of Individuals with Disabilities in Nitaqat:
A Saudi worker with a disability who is able to work is calculated with four Saudi workers when calculating the rates of localization of jobs, provided that the monthly wage is not less than (3000) riyals and is registered in the Social Insurance and does not work in another entity. If the percentage of people with disabilities in the establishment or entity exceeds 10% of the number of Saudis in a single entity, then each worker with disabilities shall be counted like any other Saudi worker.
Work Requirements Disabilities:
For an individual with disability to be considered more than one entity in NITAQAT, the following should be met:
Such an individual with a disability shall obtain an identification card from the Ministry of Human Resources and Social Development indicating the type and degree of disability.
The tasks and nature of the job occupied by a worker with a disability shall correspond to the type and degree of his disability, provided that the establishment provides the necessary accommodations and services to enable him/her to perform the tasks assigned to him/her.
Working persons with disabilities shall enjoy all the rights and benefits of other workers stipulated in the labor law, its executive regulations, or the establishment’s work regulation.
A disability per se may not be a reason for refusing to employ, promote, or benefit from vocational training programs for persons with disabilities if the work ability condition is met.
It shall not permissible to discriminate in wages between workers on the basis of disability.
The facility shall keep data on the number of its workers with disabilities, the nature of their work, their wages, and the types of arrangements and accommodation services provided to them.
Employment applications submitted by persons with disabilities shall be in accordance with the forms and controls in force in the Human Resources Development Fund.
Big and mega enterprises shall obtain a compliance certificate.
Facilitation Arrangements and Services:
Facilitative arrangements and services mean engineering modifications and harmonization of work conditions and environment in accordance with the standards stipulated in Chapter Two of the Architectural Requirements volume in the Saudi Building Code, and any of the arrangements shown in the indicative table attached to the ministerial decision when they are necessary and necessary to enable the person with disabilities to carry out his / her work tasks.
The ministerial decision to define disability, labor and the indicative schedule of the decision.
Architectural requirements in the Saudi building code click here
Compatibility click here