Definition of Disability
The term ‘person with a disability’ as stated in the labor law means each and every person who is proven by 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 that he has a permanent disability or one 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 facilitative service.
Definition of the ability to work
The term ‘ability to work’ means that a person with a disability meets the conditions for occupying a position or work for which he is applying, including scientific, professional requirements and / or skills, or any other requirements in order to be able to carry out his work duties.
Work of people with disabilities in the labor law
According to Article (28), each and every employer employing twenty-five workers or more, with the nature of his business enabling him to employ disabled persons who are professionally qualified is to employ at least 4% of the total number of his workers who are professionally qualified disabled, whether by employment units or other channels.
According to Article (29), if a worker experiences a work-related injury and suffers a result of a lack of his normal capabilities that does not prevent him from performing a job other than his previous one, the employer for whose business the work-related injury takes place shall employ him in the appropriate work with the wage specified for this work. This shall not prejudice the compensation he deserves.
Counting people with disabilities in Nitaqat
The Saudi worker with a disability who is able to work shall equate to four Saudi workers when calculating job localization rates, provided that the monthly wage is not less than (3000) riyals and is registered in social insurance and he does not work in another entity. If the percentage of people with disabilities in the establishment or the entity exceeds 10% of the number of Saudis in one entity, then each worker with disabilities shall be counted as any other Saudi worker.
Employment requirements for persons with disabilities
For a person with a disability to be counted with more than one according to Nitaqat, the following shall be fulfilled:
1. The person with a disability shall have an identification card from the Ministry of Human Resources and Social Development stating the type and degree of disability.
2. The tasks and nature of the job occupied by the person with a disability shall be in harmony with the type and degree of his disability, provided that the establishment provides the necessary arrangements and services to enable him to perform the tasks assigned to him.
3. People with disabilities in service shall enjoy all the rights and benefits of other workers stated in the labor law, its executive regulations, or the labor regulations of the establishment.
4. Disability per se may not be a reason for refusing to employ or promote persons with disabilities or benefit from vocational training programs if the ability to work is met.
5. Wage discrimination shall not be permissible between workers on the basis of disability.
6. The establishment shall maintain data on the numbers of workers with disabilities with it, the nature of their work and wages, and the types of arrangements and facilitative services provided to them.
7. Employment applications submitted by persons with disabilities shall be in accordance with the forms and regulations in force in the Human Resources Development Fund.
8. Large and giant enterprises shall have a compatibility certificate
Facilitative arrangements and services
The term ‘facilitative arrangements and services’ means engineering adjustments and harmonization of working conditions and environment in accordance with the standards stated in Chapter Two of the Architectural Requirements folder in the Saudi Building Code, and any of the arrangements shown in the indicative schedule attached to the Ministerial Decision when necessary and essential to enable the person with a disability to carry out his work duties.
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