SALEM AL SAHOOD(LL.B, LLM)

How to Link #Strategy to Employees' Daily Goals The following illustration demonstrates how to transform the overarching strategy of an #organization into actionable goals that can be implemented at all levels, from the organization as a whole down to individual #employees.

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Transfer of personal data out of the Kingdom is one of the most frequently arising topics for data privacy practitioners advising Saudi and international corporates. Clients are generally pleasantly surprised to find that the Personal Data Protection Law and the Saudi Data & Artificial Intelligence Agency's rules on data transfer are not too dissimilar to GDPR rules and principles regarding data transfer out of the EU. The latest amendments announced by SDAIA to the Regulation on Personal Data Transfer continue this trend.

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The Impact of the Executive Regulations of the Government Tenders and Procurement Law on SMEs in Saudi Arabia: A Legal Perspective The executive regulations of the Government Tenders and Procurement Law play a pivotal role in enhancing opportunities for small and medium-sized enterprises (SMEs) in Saudi Arabia. Through the legal provisions within these regulations, SMEs are granted incentives that enable them to actively participate in the execution of government projects. Legal Preference for SMEs Article 96 of the law mandates the Ministry to establish regulations that favor local content, local SMEs, and companies listed on the stock market in public procurement and tenders. This provision strengthens the position of SMEs in securing government contracts by giving them a competitive edge over larger corporations. Prequalification and Competitive Standards Article 18 of the executive regulations requires the prequalification of bidders. While this process might pose a challenge for some SMEs due to limited experience or resources, the implementation of clear and specific prequalification criteria ensures that they are not arbitrarily excluded. This procedure enhances transparency and fairness in the competition, allowing SMEs to participate in contracts that align with their capabilities. Practical Example Consider a small company in the tech sector. If this company bids for a government project to develop an electronic system, it would be given preference if it meets the prequalification requirements outlined in the regulations, such as holding a valid commercial registration and a tax clearance certificate. If it successfully meets these requirements, the company will have a fair chance to compete, and it may win the tender due to the preference for local content. Mechanisms for Protection and Transparency The executive regulations also impose measures to ensure transparency in the procedures, such as publishing all information related to tenders publicly through the electronic portal (Article 8 of the regulations). This allows SMEs to be fully aware of the opportunities and actively participate in the competitive process. Conclusion Through the legal provisions in the executive regulations, SMEs in Saudi Arabia are given a genuine opportunity to compete for government contracts, thereby reinforcing their role in the national economy. The application of these regulations reflects Saudi Arabia's commitment to supporting the SME sector, in line with the goals of Vision 2030.

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Civil Liability for Compensation: Analyzing the Concept of Compensation in Sharia and the Saudi Legal System When is Compensation Obligated? Cases Mandating Compensation Due to Breach or Harmful Acts Civil liability for compensation in Saudi Arabia, rooted in Sharia and national law, requires the at-fault party to compensate for harm or loss due to contractual breaches or harmful acts. This ensures justice, maintains public order, and deters wrongful conduct. The Concept of Compensation in Sharia and Saudi Law In Sharia, the principle of compensation is based on the rule: "No harm and no reciprocating harm" (لا ضرر ولا ضرار). This rule mandates compensation for any harm or loss inflicted on others. The Saudi legal system follows this principle, with Article 136 of the Civil Transactions Law stating that compensation should fully redress harm by restoring the injured party to their original position. When Is a Person Obligated to Compensate? The obligation to compensate arises mainly in two cases: breach of contract and harmful acts (torts): 1- Breach of Contract: If a party fails to meet contractual obligations, they must compensate the injured party, restoring them to the position they would have been in had the contract been fulfilled. For example, a contractor may need to cover extra costs due to delayed project delivery. 2- Harmful Acts (Torts): Liability arises when actions cause harm, regardless of contracts. The at-fault party must compensate for damages like physical injuries, property damage, or financial loss, as mandated by Saudi laws, including penal codes. Cases That Mandate Compensation The Saudi legal system mandates compensation in scenarios involving direct or indirect actions: 1- Direct Harm: Damage directly resulting from an individual's actions, such as an accident caused by reckless driving, requires compensation for medical expenses, property damage, and other losses. 2- Indirect Harm: Compensation may also be required when harm occurs indirectly, such as negligence. For example, a business owner may be liable if a customer is injured due to unsafe premises. Conclusion: Compensation in Saudi Arabia serves as a protective mechanism for individuals and businesses, ensuring fair redress for harm. By integrating Sharia principles with modern legal frameworks, Saudi law provides clear guidelines on when compensation is required, promoting accountability and fairness While some may view Saudi courts as strict in awarding compensation, this approach aligns with the principle of "no harm and no reciprocating harm," ensuring proportionality. Unlike some foreign systems that may grant excessive compensation, the Saudi approach seeks a balanced and just outcome, safeguarding both parties' interests.

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Navigating #Saudi Commercial #Law in #Company #Contracts Key points: Ensure contracts include clear terms and lawful purpose. Comply with Ministry of Commerce regulations. Protect intellectual property and plan for dispute resolution.

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Understanding Saudization is important for legal compliance and strategic business planning Saudization refers to two factors: (1) Certain roles in a business that must be filled by a Saudi national, and (2) the overall percentage of Saudi nationals working at the business. Both factors carry regulatory considerations and we recommend that each business and prospective business in Saudi considers its compliance or planned compliance with both. In some instance, notably in financial services, these factors can lead to significant changes in the annual budget of the business. #LegalInsights #Saudization 

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Earlier today, the Council of Ministers approved amendments to the Saudi Labor Law that will come into force in 180 days from publication of the Royal Decree in the Official Gazette. Many of these changes have been long-anticipated with proposed draft amendments being circulated for public consultation as early as January 2020. Some of the key changes are: 1. Introduce three days fully paid bereavement leave for the death of a sibling. 2. Increase maternity leave from 10 weeks to 12 weeks. 3. Employer and employee can agree to paid time off in lieu of overtime or compensation (previously overtime could only be compensated monetarily). 4. Definite term and renewal period of a foreign national's employment if the contract is silent on the same. 5. Introduce resignation as a legitimate reason to terminate and a new Article on resignation procedure. 6. Reduce the notice period for an indefinite term contract from 60 to 30 days if the employee is the party terminating the contract. More detailed update to follow, and feel free to reach out if you have any questions. #mhrsd #laborlaw #employment

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Advanced Presentation and Facilitation Skills Course. for Leaders and managers. #sabic #aramco #leadership #training #trainer #fawzisadeq #fawzi_sadeq

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🌟 Excited to share that I attended a seminar on the new Oman Labour Law Review organized by Addleshaw Goddard The event featured two engaging panels that provided in-depth analyses of different areas of the new labour law. Panelists discussed crucial updates on employees and employer rights and obligations, offering valuable insights for businesses navigating these changes. A big thank you to the speakers and organizers for a well-structured event. I’m looking forward to applying what I learned and continuing the conversation around best practices in labor law! #OmanLabourLaw #ProfessionalDevelopment #Compliance #HRInsights

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Yesterday, I had the opportunity to attend a panel discussion titled 'The Role of Training and Talent Development in Achieving Sustainability,' which addressed key challenges, opportunities, and the quality of national talent required for achieving sustainability. The session was led by a distinguished group of executives from various sectors. We are also pleased with the launch of several financial initiatives and partnerships with global organizations, which will positively impact the financial ecosystem. Many thanks to The Financial Academy | الأكاديمية المالية for its exceptional organization, as always. #ملتقى_الأكاديمية_المالية

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After approval by the Council of Ministers of Saudi Arabia today, the Ministry of Human Resources & Social Development issued a guide book showing all changes and amendments to the #Saudi #Labor Law. The changes will come into effect after a period of 180 days from the date of publication in the official gazette. Here are a few notable amendments: Resignation has been defined and a provision has been added for termination of a fixed period employment contract before its expiration. If an employee serves notice of resignation and the employer does not respond within (30) days from the date of notification, the resignation will be deemed accepted. The employer will be entitled to postpone the accepted date of resignation for a period not exceeding (60) days if the work interest requires such a period and by providing a reasoned explanation to the employee. The notice period by the employee to end an indefinite period contract for a valid reason is reduced to (30) days whereas the employer will have to give (60) days notice. Besides other leaves which exist in the Law, the employee will also be entitled to (3) days paid bereavement leave in case of death of a brother or sister. The maternity leave has been extended to be (12) weeks. The employer will continue to be responsible for all charges related to renewal of residence permits and work permits. However, the employer will be responsible for fines and penalties only if the delay were to be attributable to him. Although, it is customary for employers to provide housing and transportation, the amendments specifically require provision of these facilities or reasonable allowances in lieu of the aforesaid facilities. The employer with the consent of employee may give an additional paid leave in lieu of wages towards overtime. The probation period could be fixed directly to a period not exceeding (180) days. Currently, the initial probation period of (90) days can be extended only with the consent of the employee. The provision removed the option of only party having the right to terminate the contract during the probation. Both parties will be entitled to terminate the contract during the probation.

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It is important to note that there is a difference between a probationary period contract and a training period. to cut long short story: -Article 53 of the Saudi Labor Law mandates that the probationary period must be explicitly stated in the employment contract. This requirement ensures clarity and prevents any misunderstandings regarding the terms of employment during this initial phase. -Each party has the right to terminate the contract during this period unless the contract includes a provision that gives one of the parties the right to terminate.

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Importance of Compliance with Commercial Agency Laws in Building Trust between Clients and Companies Commercial agencies are fundamental pillars in building the national economy, playing a crucial role in providing services and products to consumers. In this context, the Saudi Commercial Agency Regulation emphasizes the importance of complying with laws and regulations to ensure quality and enhance trust between clients and companies.   Compliance with Laws: The regulation mandates that all commercial agents must be registered with the Ministry of Commerce, with fines of up to 5,000 SAR imposed on violators.   Ensuring Quality of Service: The regulation requires agents and distributors to continuously provide spare parts and maintenance, ensuring that clients receive the best possible service throughout the product's validity period and even after the agency agreement expires.   Enhancing Trust: By complying with commercial agency laws, companies can build trust with their clients, who will feel assured that they are receiving products and services that meet the highest standards.   Compliance with commercial agency laws is not merely a legal obligation but a strategic step towards building a strong relationship with clients, enhancing their trust in the Saudi markets, and ensuring the quality of the products they receive.   #Commerce #CommercialAgencies #Quality #Compliance #NationalEconomy #SaudiArabia

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Understand the intricacies of Zakat collection in Saudi Arabia with our comprehensive guide, explaining the legal framework, who's obligated, and its vital role in societal welfare.

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🌟 𝐄𝐦𝐩𝐨𝐰𝐞𝐫𝐢𝐧𝐠 𝐈𝐧𝐭𝐞𝐥𝐥𝐞𝐜𝐭𝐮𝐚𝐥 𝐏𝐫𝐨𝐩𝐞𝐫𝐭𝐲 𝐓𝐡𝐫𝐨𝐮𝐠𝐡 𝐂𝐨𝐧𝐭𝐫𝐚𝐜𝐭𝐬 📜 A great workshop focused on strengthening the commercialization capabilities of knowledge-based companies through a comprehensive approach to intellectual property (IP) contracts. Dr. farhad bayat provided an overview of the various types of IP contracts and their crucial role in safeguarding and leveraging intellectual assets. From confidentiality agreements to technology transfer deals, he emphasized the importance of tailoring contracts to the specific needs of knowledge-based companies. 𝑲𝒆𝒚 𝒕𝒂𝒌𝒆𝒂𝒘𝒂𝒚𝒔 𝒇𝒓𝒐𝒎 𝒕𝒉𝒆 𝒔𝒆𝒔𝒔𝒊𝒐𝒏 𝒊𝒏𝒄𝒍𝒖𝒅𝒆: * 🔍 Understanding the different types of IP and their corresponding contracts * 🔒 The significance of confidentiality agreements in protecting trade secrets * 🤝 Strategies for negotiating favorable terms in IP contracts * 🌐 The role of IP contracts in fostering collaborations and partnerships This workshop equipped participants with beneficial knowledge that will enable them to better protect their intellectual property and facilitate successful commercialization. #intellectualproperty #contractlaw #knowledgeeconomy #innovation #commercialization #workshop #training #law

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Starting from 21 July 2024, the Saudization quota for private sector companies employing five or more certified engineers will increase from 20 percent to 25 percent. This Saudization quota applies to all engineering positions as defined by the Ministry of Human Resources and Social Development (MHRSD). However, if an individual, despite being an #engineer by profession, is not accredited and does not work in an engineering role, they will not be included in the company's #Saudization percentage calculation. Additionally, certified #Saudi #engineers who earn less than SAR 7,000 per month will also not be included in the Saudization percentage calculation of the company. Read the full article here: https://bit.ly/3Y69A9c #HudsonMcKenzie #WeAreWhereYouAre #News #Immigration #MENA #MiddleEast #Relocation #GlobalMobility #Professionals #HR #Follow #KSA #Dubai #Riyadh #UAE #London #UK #Work #Jobs

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📄 What happens to the employment contracts if the ownership of the firm transfers to a new owner? or a change takes place in its legal form through merger, partition, or otherwise? 🔹According to #Labor Law (Article 18) in Saudi Arabia the employment contracts shall remain in force in both cases service shall be deemed continuous. 🔹As for workers’ rights accrued for the period prior to the change, such as wages or unrealized end of service awards in the date of the transfer of ownership and other rights, the predecessor and the successor shall be jointly and severally liable. 🔹However, in the case of transfer of ownership of individual firms, for any reason the predecessor and the successor may agree to transfer all the previous rights of the worker to the new owner subject to the written consent of the worker. 🔹And If the worker disapproves, he may request the termination of his contract and collect his dues from the predecessor.

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#Regulatory_Compliance #Legal_Compliance The benefits of regulatory compliance :- From a corporate perspective, Regulatory compliance help to avoid legal issues, reputational damage, and financial penalties . Maintaining compliance helps mitigate risks like security breaches and data losses, as well as avoid disciplinary action that could lead to license revocations, damaged reputations .

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Starting from 21 July 2024, the Saudization quota for private sector companies employing five or more certified engineers will increase from 20 percent to 25 percent. This Saudization quota applies to all engineering positions as defined by the Ministry of Human Resources and Social Development (MHRSD). However, if an individual, despite being an #engineer by profession, is not accredited and does not work in an engineering role, they will not be included in the company's #Saudization percentage calculation. Additionally, certified #Saudi #engineers who earn less than SAR 7,000 per month will also not be included in the Saudization percentage calculation of the company. Read the full article here: https://lnkd.in/eV7ahTsN #HudsonMcKenzie #WeAreWhereYouAre #News #Immigration #MENA #MiddleEast #Relocation #GlobalMobility #Professionals #HR #Follow #KSA #Dubai #Riyadh #UAE #London #UK #Work #Jobs

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