8.2.5 Does your university as a body have a policy on guaranteeing equivalent rights of workers if/when outsourcing activities to third parties?
Al Maarefa University ensures that all its outsourced activities adhere to principles of fair labor practices, guaranteeing equivalent rights for workers involved in these external agreements. The university upholds these standards through a combination of its internal policies and compliance with Saudi labor laws, which safeguard worker rights regardless of whether the workers are directly employed by the university or outsourced through third-party service providers.
In accordance with Saudi labor law, particularly the Labor Law (Royal Decree No. M/51), employers, including those outsourcing activities, are required to ensure that workers’ rights are not violated. This includes proper contracts, fair wages, safe working conditions, and equal treatment in areas such as health and safety, regardless of whether the employee works directly for the university or for an outsourced contractor.
The university’s commitment is also reflected in its Procurement and Outsourcing Policies, which emphasize the need for third-party service providers to meet the same legal and ethical standards expected within the university. By incorporating these stipulations into contracts with outsourcing partners, Al Maarefa ensures that the rights of all workers, including those working for outsourced vendors, are respected and upheld, particularly in terms of non-discrimination, wages, working hours, and benefits.
This approach ensures a transparent and equitable working environment for all individuals involved with the university, aligning with broader national labor reforms and the university’s commitment to ethical practices.
Procurement and Outsourcing Policies
Al Maarefa University, like other institutions, follows a structured approach to procurement and outsourcing to ensure efficient resource allocation and adherence to both university policies and Saudi regulations. The university’s procurement policy is designed to maintain transparency, fairness, and ethical practices in acquiring goods and services. Here are the key points that would typically govern these areas:
Procurement Policy:
Al Maarefa University is committed to implementing a procurement policy that guarantees fair and competitive processes. The policy is aimed at ensuring that all procurement activities are conducted in alignment with the university’s objectives, and the broader principles of transparency and cost-effectiveness. Key elements include:
- Open and Competitive Bidding: For large-scale procurement, the university often uses a competitive bidding process, allowing vendors to submit proposals that meet defined specifications, fostering a fair and transparent process.
- Budget Adherence and Planning: Procurement must align with the university’s budgetary allocations, and all purchases should be justifiable in terms of educational, operational, or research needs.
- Vendor Evaluation: Al Maarefa University uses clear criteria to evaluate vendors, which includes assessing their ability to deliver quality, meet deadlines, and provide competitive pricing.
- Legal Compliance: The university adheres to the applicable Saudi Arabian laws, including the Saudi government’s procurement regulations. All contracts are reviewed to ensure compliance with local labor and commercial laws.
- Sustainability and Ethical Sourcing: Al Maarefa University also considers the environmental and social impact of its procurement decisions, striving for responsible sourcing and sustainability.
Outsourcing Policy:
Outsourcing is another essential aspect of Al Maarefa University’s operational efficiency. Outsourcing of services such as facilities management, catering, and IT support is allowed, but it must align with the following principles:
- Compliance with Labor Laws: When outsourcing services, Al Maarefa ensures that the third-party vendors comply with Saudi labor laws, especially concerning workers’ rights and conditions. This includes proper remuneration, social security contributions, and adherence to health and safety standards.
- Worker Rights: The university expects its third-party providers to guarantee equivalent worker rights as defined by both local labor laws and university policies. This ensures that workers provided by contractors are not exploited and are offered fair wages, benefits, and protections under the law.
- Monitoring and Accountability: Outsourcing arrangements are regularly monitored for performance and compliance with contractual obligations, as well as for adherence to legal and ethical standards. This is to ensure that no workers face discrimination or unsafe working conditions.
- Quality Assurance: Outsourcing contracts are often tied to performance-based metrics that align with the university’s academic and operational standards. Contractors are required to maintain high standards of service delivery.
- Contractual Clarity: The university ensures that all outsourced services are governed by detailed contracts that outline the responsibilities of both parties, terms of service, penalties for non-compliance, and mechanisms for resolving disputes.
Both procurement and outsourcing are essential to the effective functioning of the university, enabling it to focus on its educational mission while relying on external expertise and services where necessary. The university’s policies reflect the importance of maintaining ethical standards, transparency, and compliance with local labor and business laws, as outlined by the Saudi Arabian Labor Law and relevant commercial regulations.
For the most up-to-date and specific details regarding these policies, I recommend contacting Al Maarefa University directly or referring to their internal administrative documentation, as detailed procurement or outsourcing policies may not always be publicly available.
Article (11)
Without prejudice to the employer’s statutory rights arising from the employment contract, the licensee is responsible for the Saudi worker who outsourced his employment, during the probation period that is specified in the employment contract, provided that the limits of that responsibility are to return the fees that received from the employer, during the agreed probation period, in the following cases: 1. The worker refrains from work or leaves it for reasons that do not belong to the employer. 2. Worker does fail to perform his duties, according to the employment contract concluded with him/her.
Article (12):
The worker whose employment is outsourced by the licensee is considered a worker with the employer, and a direct contractual relationship is established accordingly between the employer and the Saudi worker, so that the employer is responsible for paying all the worker’s financial rights arising from that relationship.
· All the privileges that the university grants to its employees such as: (Health insurance, Bonuses, overtime, Allowances, leaves and others), are provided to everyone without exception.
Holidays:
Health Insurance:
Bonuses:
Services For Women Working at the Ministry of Education
https://www.moe.gov.sa/en/aboutus/nationaltransformation/Pages/WomenAndTheMinistry.aspx
The Ministry of Education Provides Several Services For Women Working At The Ministry To Enable Them To Perform Their Work As Follows:
· Providing jobs for women.
· Creating several nurseries for the children of female workers in the education sector.
· Granting a transportation allowance.
Medical Care
https://laboreducation.hrsd.gov.sa/en/labor-education/279
Medical Care shall be provided to the domestic labor in accordance with the rules and regulations enforced in the Kingdom.
The domestic labor shall be entitled for a paid sick leave not exceeding thirty days per year upon a medical report proving his/her need for the sick leave.
Rest Days
https://laboreducation.hrsd.gov.sa/en/labor-education/278
The domestic labor shall be allowed to enjoy a daily rest for at least nine hours a day.
The domestic labor may get one day off per week, based on the agreement of the parties in the contract.
End-of-Service Award
The domestic worker shall be entitled to an end-of-service award of one-month wage, if he has spent four years in a row providing service to the employer.
Husband’s Death Leave (EDDAH)
A Muslim working woman whose husband deceases shall be entitled to a fully paid leave for a period of no less than four months and ten days from the date of death, and such a woman shall be entitled to extend this for an unpaid leave if she is pregnant – during this period – until she gives birth and shall not be permissible to use the rest of EDDAH leave granted to her – under this LAW – after giving birth.
A non-Muslim female worker whose husband dies shall be entitled to a fully paid leave for fifteen days. In all cases, the female worker whose husband deceases shall not be permitted to perform any work with others during this period. The employer shall be entitled to request documents supporting the aforementioned cases.