AlMaarefa University Equality and Diversity Policy
https://www.um.edu.sa/en/node/550
AlMaarefa University is committed to promoting equality and providing an environment where all members of its community are treated with respect and dignity. We are committed to seeking to employ a workforce and educate a student body that reflects the diverse community we serve. The Equality Act (2010) helps by providing a legal framework to protect people from discrimination, harassment, and victimization in the workplace and wider society.
As a Higher Education Institution, we have specific equality duties that also require us to eliminate unlawful discrimination, advance equality of opportunity and foster good relations. It is also our responsibility to publish equality information (data) on an annual basis and review and publish specific and measurable equality objectives every four years.
UM are committed to providing equality of opportunity and will work to ensure that all of our staff, students, and visitors, as well as those that seek to apply to work or study with us are treated fairly and are not subjected to unlawful discrimination by the University on the basis of (their protected characteristic):
- Age
- Disability
- Gender Identity
- Marriage or civil partnership
- Pregnancy and maternity
- Race (includes: race, color, nationality (including citizenship), ethnic or national origins)
- Religion or belief including philosophical belief and a lack of belief.
- Sex
- Sexual orientation
Scope
The policy is applicable to all staff (which includes for the purposes of this policy and for ease of reference, consultants, contractors, volunteers, casual workers, and agency workers), students, and applicants to work or study at the University. The principles of non-discrimination and equality of opportunity also apply to the way in which staff and students should treat each other, visitors, contractors, service providers, suppliers, and any other persons associated with the functions of the University.
Aims of the Policy
The University’s aim is to promote equality of opportunity for all, through the following objectives:
- Assessing the impact on equality in our policies, procedures, and practices.
- Having an effective data monitoring and analysis process.
- Involving staff, students, and other stakeholders in the development and delivery of our equality objectives.
- Promoting equality, diversity, and inclusion through internal and external communications.
- Ensuring that managers and staff take part in equality training and those who have responsibility for recruitment and selection.
- Ensuring staff and university student support services are, as far as reasonably possible, accessible to all.
- Ensuring that both existing staff and students, as well as those who seek to apply to work and study with us, are treated fairly and are judged solely on merit and by reference to their skills and abilities.
- Ensuring that staff, students, and their representatives are provided with appropriate forums to discuss equality, diversity, and inclusion issues and raise any concerns.
- Ensuring that all contractors and service providers operating on behalf of the University are aware of this policy and are expected to adhere to it.
- Complying with its legal obligations.
Sanctions
A failure to comply with the principles set out in this policy may be considered to be a disciplinary offense and will be addressed through the relevant procedures.
Complaints
Any cases of discrimination, harassment, bullying, or victimization will be taken very seriously by the University. Any member of staff or student found guilty of unlawful discrimination or harassment will be subject to disciplinary action. Appropriate action will be taken where possible if any member of the public, visitor, or service provider is involved in discrimination or harassment. Staff, students, or other parties who make a complaint of discrimination have the right to do so without fear of victimization, and the University will make every effort to ensure that any complaints are dealt with promptly and fairly.
Policy of non-discrimination against women
The principle of equality, which is essentially in contrast to discrimination, including discrimination against women, which is set out in Article (8) of the Basic Law of Governance, stipulating: “The system of government in the Kingdom of Saudi Arabia is established on the foundation of justice, Shura (consultation) and equality in compliance with Islamic Shariah” and which is implicitly contained in Article (26) of the same Law which stipulates: “The State shall protect human rights in accordance with Islamic Shariah” in addition to other principles and provisions of the Basic Law of Governance and the Kingdom’s laws derived from it – is consistent with the relevant international standards. These provisions criminalize discrimination and violence against women and are implemented by institutions established or supported for the purpose of promoting and protecting human rights, including women’s rights, such as the Human Rights Commission, the National Society for Human Rights and other institutions, as well as the existing government agencies.
It should be noted that absolute equality between men and women is observed in most areas of human rights such as the right to work, education, health, economic rights and others.
Regarding equality between men and women and the fight against discrimination in employment, the Labor Law does not differentiate between men and womenin rights and duties, nor does it draw any distinction in equal pay for work of equal value and quality. The Kingdom is a party to the International Labor Organization (ILO) Convention No. 100 concerning Equal Remuneration for Men and Women Workers for Work of Equal Value and Convention No. 111 concerning Discrimination in Respect of Employment and Occupation. The Ministerial Decision no. 2370/1, dated 18/8/1431H, corresponding to 28/08/2010, was issued to prohibit any discrimination in wages between male and female workers for work of equal value. There is full equality between men and women as regards the jobseeker’s allowance, where women receive the same amount as men, as well as in the training and employment assistance provided by the Human Resources Development Fund to men and women employed in the private sector, both in terms of the amount of subsidy for training costs, wages or duration of assistance. The Labor Law has taken into account the nature of women and has assigned a full section to them (Part 9), which includes additional provisions relating to women’s employment in the private sector so as to provide further protection to them.
The Labor Law was amended by Royal Decree No. (M/134), dated 27/11/1440H, to ensure equality between men and women in rights and duties, and in-service conditions. Article (3) of the Labor Law states that work is the right of every citizen and that people must not be discriminated against on the basis of sex, as well as equality in the retirement age between men and women (60 years). The amendments also entailed prohibiting the dismissal or dismissal with a notice of a female worker during her pregnancy, maternity leave or during illness resulting from either pregnancy or delivery. Likewise, the Social Insurance Law has been amended, particularly Article (38), in order to achieve equality between men and women in terms of the retirement age, which has become (60) years for both sexes.
Employment & Labour Law: Saudi Arabia
12. What protection from discrimination or harassment are workers entitled to in respect of the termination of employment?
The KSA Labour Law also provides that “citizens are equal in the right to work without any discrimination on the basis of sex, disability, age or any other form of discrimination, whether during the performance of the work or when hiring or advertising it”.
The reference to citizens suggests that this anti-discrimination provision applies to Saudi nationals only and it therefore remains to be seen how widely this provision will be interpreted and applied in practice.
The KSA Labour Law also provides that employees cannot be dismissed whilst pregnant or on maternity leave (including during any period of sickness resulting from the pregnancy provided a medical certificate is provided).
Resolution No. 488 dated 14/9/1439H and Resolution No. 20912 dated Safar 1441 (the Anti-Harassment Laws) aim to protect an individual’s dignity, privacy and personal freedom in accordance with Sharia law by specifically prohibiting words, acts, implicit behaviour or innuendo of a sexual nature by one individual against another targeting that individual’s body, modesty or personal life by any means, including by modern technology and communications. Broadly, the Anti-Harassment Laws require employers to:
1. put in place, and publish to their workforce, an internal complaints procedure;
2. implement controls safeguarding the confidentiality of any complaints; and
3. take remedial action in respect of any breach of the Anti-Harassment Laws.
The Anti-Harassment Laws require any person who becomes aware of an act (or acts) of harassment to report the matter to the authorities. The Work Regulations (prescribed form work regulations published in 2015) set out a basic complaints procedure which employers should follow in the event of harassment complaints.
More recently, Resolution 39860 of 1440H makes it unlawful to treat women differently to men in terms of paying for work of equal value.
13. What are the possible consequences for the employer if a worker has suffered discrimination or harassment in the context of termination of employment?
A breach of the Anti-Harassment Laws may result in penalties of up to five years’ imprisonment and/or a fine of up to SAR 300,000. Any person aiding or assisting harassment will be liable to the same punishment as if he or she had been the perpetrator of the harassment.
Any person making a false or malicious complaint of harassment may result in penalties being imposed under the Anti-Harassment Laws of up to two and a half years’ imprisonment and/or a fine of up to SAR 150,000.
If an employee is dismissed whilst pregnant or on maternity leave, the employee will be able to claim invalid termination compensation, in addition to their statutory and contractual entitlements due on termination of their employment.
Maternity Law
Al Maarefa University has a maternity policy that aligns with Saudi Arabia’s labor laws and additionally offers support to female employees during maternity leave. According to Saudi labor law, female employees are entitled to 10 weeks of paid maternity leave, which includes six weeks after birth and four weeks before.
In addition to adhering to this legal requirement, Al Maarefa University provides a supportive workplace for returning mothers. The university encourages flexible working arrangements and offers a welcoming environment for female employees balancing career and family responsibilities, ensuring women’s continued participation in the workforce.
This approach underscores the university’s commitment to gender equity and work-life balance, fostering an environment that supports women in both their professional and personal lives.
Labor Law
PART IX EMPLOYMENT OF WOMEN
Article (149):
Taking into consideration the provisions of Article (1) of this Law, women shall work in all fields suitable to their nature. It is prohibited to employ women in hazardous jobs or industries. The Minister, pursuant to a decision by him, shall determine the professions and jobs that are deemed detrimental to health and likely to expose women to specific risks; in such cases, women’s employment shall be prohibited or restricted under certain terms.
Article (150):
Women may not work during a period of night the duration of which is not less than eleven consecutive hours, except in cases determined pursuant to a decision by the Minister.
Article (151):
A female worker shall be entitled to a maternity leave for the four weeks immediately preceding the expected date of delivery and the subsequent six weeks. The probable date of delivery shall be determined by the physician of the firm or pursuant to a medical report.
Article (152):
During the maternity leave, an employer shall pay the female worker half her wage if she has been in his service for one year or more, and a full wage if she has served for three years or more as of the date of commencement of such leave. A female worker shall not be paid any wages during her regular annual leave if she has enjoyed in the same year a maternity leave with full wage. She shall be paid half her wage during the annual leave if she has enjoyed in the same year a maternity leave at half wage.
Article (153):
An employer shall provide medical care for female workers during pregnancy and delivery.
Article (154):
When a female worker returns to work following a maternity leave, she shall be entitled, in addition to the rest periods granted to all workers, to a rest period or periods not exceeding in aggregate one hour a day for nursing her infant.