Rights and Obligations of Domestic Helper Employers in Saudi Arabia

A. The Rights of the Employer

Probation period for the domestic labor
The parties may agree to place the domestic labor on probation for a period not exceeding (ninety ) days, during which the employer shall ensure the professional competence of the domestic worker and his/her proper personal conduct. In addition, it is not permissible to put the domestic labor on probation for more than once with the same employer, unless the parties agree that the domestic labor shall work in a different profession.

Contracting
The work relationship between the domestic labor and the employer shall be regulated by a written contract. The Arabic text shall be the prevailing version. The contract and its translation – if any – shall be issued in three copies, with each party retaining a copy and the third one shall be deposited with the Private Recruitment Office.

There should be a clear identification of the following main factors:
1. The type of work to be performed by the domestic labor.
2. The Wage that the employer shall pay to the domestic labor.
3. Rights and obligations of both parties.
4. Duration of the probation period.
5. Duration of the contract and method of extension

Contract termination during the probation period
The employer may terminate the contract upon his/her own will during the probation period without any responsibility on him/her, if the domestic labor is proved to be unfit.

Upon contract expiration or termination for illegal reason
If the contract expired, or was cancelled by the employer for an illegitimate reason, or by the domestic labor for a legitimate reason, the employer shall bear the value of the ticket for repatriation of the domestic labor to his/her country.

Upon contract termination for the death of either party
The Contract shall expire by the death of the employer or the domestic labor. If the employer’s family is willing to keep the domestic labor, they will have to check with the labor office to correct the name of the employer.

Upon the absence of the domestic labor
When the domestic labor quits his/her work, the employer shall inform the nearest police station to his home. The notified police station shall do the following :

1. Notify the Passports Dept with the escape of the worker, to take the necessary actions.
2. Notify the Labor Office, to make sure that the domestic labor did not file a legal case against the employer, or the employer did not file a lawsuit against the labor. When there is a lawsuit, the Labor Office shall notify the Passports Department with the same.
3. Provide the notified with a copy of the escape notification.

Obligations of the Employer

The work agreed upon The employer is obliged :

1. Not to assign the domestic labor with a work not agreed upon, or to work for others, except in cases of necessity, provided that the work is not substantially different from his/ her original work. 2. Not to assign the domestic labor any risky work to health or safety of his body, or negatively affects his/her dignity.
3. Not to sublet the domestic labor, or allow him/her to work for his/her own account.

Regarding the agreed upon wage
The employer is obliged to :
1. Pay the agreed wage at the end of every Hijri month, unless the parties otherwise agree – otherwise – in writing.
2. Pay the wage and entitlements in cash or by check, and document it in writing, unless the worker wants to transfer the wage to a specific bank account.

Regarding deduction from the wage
The wage of the domestic labor may not be deducted except in the following cases and not with more than half the wage:
1. Costs of what he\she has intentionally or negligently damaged.
2. A down payment he\she obtained from the employer.
3. Implementation of a court judgment or an administrative decision issued against his/ her, unless it has been stipulated in the court judgment or the administrative decision that the deduction exceeds half the wage.

Domestic worker’s housing
The employer is obliged to provide a suitable housing for the domestic labor.

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