Article (10) General Provisions
1. The alternative scheme shall be considered a voluntary system for employers, provided that employers shall adhere to all provisions stipulated herein upon subscription to the alternative scheme.
2. The system shall be mandatory for workers who have been selected by their employer to participate in the alternative scheme.
3. The Authority shall be responsible for granting licences to Investment Fund Service Providers, in accordance with the standards and obligations approved thereby to carry out activities thereof.
4. The authorities regulating the activities of financial free zones within the State shall develop and approve the stipulations of the alternative scheme pertaining to the End of Service Gratuity Law, which applies to entities under their jurisdiction, in line with the prescribed criteria. Shall they intend to extend this service to entities outside jurisdiction thereof, they shall secure the approval of both the Ministry and the Authority.
5. All anti-money laundering provisions, procedures and requirements shall apply to the activities of the alternative scheme pertaining to the End of Service Gratuity Law.
6. The fund manager shall be responsible for taking the necessary measures to secure entitlements of the beneficiaries, in accordance with the mechanisms specified by the Authority.
7. Under any circumstances, basic subscription amount and the profits and returns generated therefrom in the alternative scheme may not be withdrawn before the end of the work relationship between the employer and the beneficiary. However, the employer shall have the right to recover the basic subscription amounts only if the work relationship ends before the lapse of one year from beginning thereof.
8. The basic subscription amounts paid shall not be included in a judicial enforcement, seizure, liquidation or bankruptcy procedures imposed on the employer.
9. In the event that the beneficiary moves from the current employer to another new employer, the new employer may replace the previous one in completing the payment of the basic subscriptions in the alternative scheme, in accordance with the provisions of this resolution.
10. The employer may change the fund manager and transfer all subscription amounts and returns to an alternative investment fund, based on reasons related to the level of service performance and what supports the interests of the beneficiaries, after obtaining the approval of the Ministry and the Authority. Neither the employers nor the beneficiaries shall not bear any cost for the transfers.
11. The Fund Manager may voluntarily accept any other subscriptions from the following categories in accordance with the provisions contained in the Fund offering document and any other controls established by the Ministry in coordination with the Authority and the concerned authorities: