A new bylaw regulating the work mechanisms, rights, and duties of domestic workers and the like in the Kingdom is soon to be implemented by the Ministry of Human Resources and Social Development (MHRSD).
In accordance with the bylaw, domestic workers are entitled to a weekly rest day, a 30-day annual leave, a 30-day sick leave, and an end-of-service gratuity.
The law also prohibits employing domestic workers under the age of 21 years and engaging them in work for those other than their employer or doing any work not specified in the labor contract or residency permit (iqama).
The new regulations specify all the details of the labor contract as well as the rules for its cancellation as well as the rights of the worker and the employer and their obligations.
According to the bylaw, the relationship between the domestic worker and the employer should be governed by a written work contract and documented electronically on the ministry's website.
The contract shall contain the conditions agreed to by both parties in a manner that does not conflict with the provisions of the bylaw specifying the type of work that the domestic worker must perform, the wage that the employer must pay the domestic worker, and the rights and obligations of both parties.
It shall contain the duration of the probationary period, the duration of the contract and the method for its extension as well as the organization of additional hours of work.
The contract must also ensure the rights legally in the work contract by taking into consideration the instructions regulating it. Additionally, it shall contain the names, addresses, e-mail addresses and contact numbers of both parties and their relatives.
During the probation of the worker, the employer may verify the worker's competence for a maximum of 90 days. Domestic workers cannot be placed on probation more than once under the same employer.
When the two parties agree to terminate the domestic work contract or if any of the parties dies, the work contract can be terminated for a legitimate reason.
Dos and don’ts
A domestic worker under the age of 21 cannot be employed under the new regulations. The employer shall not assign a domestic worker to work for others or for a different job than the one for which he/she was hired, as stipulated in the work contract and iqama.
In addition to executing the agreed work, domestic workers are required to follow the orders of the employer and members of his family, safeguard the property of the employer and his family members, and not physically abuse them.
As part of the worker's duties, he was required to maintain the secrets of his employer, family members, and people at home, which he learned as part of his job, not to divulge these secrets to others, and not to refuse to work or leave the service without authorization.As part of the worker's duties, he was required to maintain the secrets of his employer, family members, and people at home, which he learned as part of his job, not to divulge these secrets to others, and not to refuse to work or leave the service without authorization.
They should respect the Islamic faith, adhere to the regulations in force in the Kingdom, and adhere to the customs of Saudi society and its traditions, as well as refrain from doing anything detrimental to their family.
Rights of worker
Depending on the contract between the two parties, the domestic worker is entitled to a weekly rest day.
The employer cannot deduct any amount from the worker's wages except in certain cases, such as advance payments provided by the employer or damages caused by the worker deliberately or negligently. The deduction should not exceed half of the worker's salary.
A domestic worker is entitled to a full month's paid leave after serving two full years, and if he/she does not take advantage of it, he/she may be compensated for it.
In addition, the domestic worker is entitled to a maximum 30-day annual paid sick leave if a medical report proves the need for the leave, providing that the healthcare of the worker is in accordance with the regulations and instructions in effect in the Kingdom.
In addition, domestic workers who have served their employer for four consecutive years are entitled to an end-of-service gratuity worth a month's pay.
Employer’s obligations
Domestic workers may not work for themselves or for others, or work in a profession other than what is stipulated in their work contract and iqama. As stipulated in the contract, he is also obliged to pay the domestic worker's wages at the end of each month.
As a rule, the employer is required to pay the wage and its dues by transferring it into a special bank account of the worker, unless the domestic worker wishes to transfer it to a specific account or through one of the channels specified by the ministry. In addition, the employer must provide suitable housing for the domestic worker.
Domestic workers are prohibited by the regulations from being subjected to servitude or discrimination based on color, sex, age, nationality, or any other form of discrimination as determined by what is in force in the Kingdom and what is in line with the ratified agreements.
Furthermore, it is forbidden for the employer to keep the domestic worker's passport or any other private documents or identification papers in his possession. If the domestic worker dies, the employer must repatriate the body, unless the insurance policy stipulates otherwise.
As an employer, you must facilitate communication between the worker and his/her family, the embassy of the country, the recruitment office, and the competent authorities.
Additionally, a domestic worker may not be assigned any work that threatens his/her health, safety, or dignity. In addition, the domestic worker cannot be hired or allowed to work on his/her own account.
According to the regulations, in the event a domestic worker is absent from work, the employer must report the absence to the competent authority, and the employer and domestic worker violating this regulation will be penalized according to the rules governing the resolution of disputes between domestic workers.
