Friday, March 22, 2024

Rights and Obligations of Domestic Labor Workers in Saudi Arabia

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Definition of the Domestic Labor

The domestic labor is a person who performs a domestic service directly or indirectly to the employer or any of his/her family members. During the performance of the service the domestic labor is supervised by the employer.

Domestic labor include:

  1. A female domestic labor
  2. A male domestic labor
  3. Private driver
  4. Gardener
  5. House guard and the like.

Rights of the Domestic Labor

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Daily off-hours
The domestic labor shall be allowed to enjoy a daily rest for at least nine hours a day

Weekly Rest
Domestic labor may get one day off per week, based on the agreement of the parties in the contract

Medical care
Medical care shall be provided to the domestic labor in accordance with the rules and regulations enforced in the Kingdom

Sick leave
The domestic labor shall be entitled for a paid sick leave not exceeding thirty days per year upon a medical report proves his/her need for the sick leave.

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Upon renewing his/her contract
The domestic labor is entitled for one month paid vacation upon completion of two years of service, and wanted renewal for a similar period.

End of service benefit
The domestic labor shall be entitled for end of service award of one month pay, if he/she completed four consecutive years in the service of the employer.

Duties of the Domestic Labor Towards the Employer
The domestic labor is obliged :

  1. To perform the work agreed upon, serving the employer.
  2. Not to reject work or quit service without a legitimate reason.
  3. Not to work for his/her own account.

The employer’s orders
The domestic labor is obliged to follow the orders of the employer and members of his/her family, related to the implementation of the agreed work.

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Property of the employer
The domestic labor is obliged to maintain the property of the employer and his/her family members.

Safety of members of the employer’s family
The domestic labor is obliged to not harm any of the family members, including children and the elderly.

Privacy of employer and his/her family members
The domestic labor is obliged to :

  1. Maintain the confidential information of the employer and his/her family members and people in the house, which come to his/her knowledge at work or because of it, and not
    to disclose it to third parties.
  2. Not harm the dignity of the employer and his/her family members, and not to interfere in their own affairs.

Religion of the employer and his/her family members

The domestic labor is obliged to respect the Islamic religion, and abide by the regulations enforced in the Kingdom, as well as the habits and traditions of the Saudi society, and not
to engage in any activity that is detrimental to the family.

Penalty for violation by the employer
Without disobedience to the penalties stipulated for by other regulations, the employer violating the provisions of these regulations shall be subject to penalty as follows:

  1. A fine not exceeding two thousand Riyals, or being prevented from recruiting for one year, or both.
  2. If the violation is repeated, the employer will be punished by a fine of not less than two thousand riyals, and not exceeding five thousand riyals, or prohibited his/her from recruiting for three years, or both
  3. If the violation is repeated for the third time, the relative committee may prevent the violator from recruitment.
  4. The penalty shall multiply by multiplicity of violations proved against the employer,

Penalty for violation by the domestic labor
Without desobedience to the penalties stipulated for in other regulations, the domestic labor shall be subject to penalty for violating the provisions of the domestic labor regulation
as follows:

  1. A fine not exceeding two thousand Riyals, or being prohibited from working in the kingdom, or both.
  2. The penalty shall multiply by multiplicity of violations proved against the domestic labor.

The violating domestic labor shall bear costs of his/her repatriation to his/her country. If his/her financial entitlements are not enough to fulfill the fines imposed on his/her, he/
she shall be repatriated to his/her country at the expense of the country.

The mentioned fines are deposited to a specific bank account to contribute in spending on sheltering female domestic labor, the deportation of both male\female domestic labor,
in accordance with the mechanism approved by the Minister.

Complaints and disputes
Without disobedience to the requirements of other regulations, labor offices shall be the competent authority to receive complaints and control the violations committed by the domestic labor and the employer, and submit a claim against both or either of them to the committee:

  1. By a decision of the Minister of Labor – in accordance with the jurisdiction of each labor office of the Ministry of Labor — one or more committees of (one chairman and two members), with one of them be a legal adviser from the Ministry of Labor, to study the financial claims arising between domestic labor and employers, and violations of the domestic labor regulations that is not of a criminal nature, and apply the penalties mentioned in the regulation.
  2. The committee shall be guided with procedures contained in the legal proceedings regulation.
  3. The Committee shall inform the claimed party, and shall consider the dispute in the presence of both parties or their representatives. The informed party shall be considered present, even if he/she was absent from the session.
  4. The Committee shall endeavor to settle the dispute amicably between the parties within five working days, starting from the date of the claim submission to the Committee.
  5. If amicable settlement is not possible, the Committee shall consider the issue, and can decide in the same session or in a second session within ten working days, and issues its decision, and a minutes to be prepared and signed by the chairman and members of the committee.
  6. The Committee shall issue its decision in the dispute unanimously or by majority vote, within a period not exceeding ten days from the date of application submission.
  7. The Minister of Labor shall issue a decision explaining the committee procedures, the duration of membership, method of renewal, how to prepare minutes, and remuneration
    of its members.
  8. The person against whom a decision is issued may challenge it before the labor court within ten days from the date of receipt, otherwise it shall be final and enforceable.

    * The employer must attend himself/herself – or assign a representative – before the Committee on the dates specified to consider the claim filed against him/her.*
    ** In case of dispute between the translation or interpretation of any text within this version, the Arabic text approved by the Saudi Government shall prevail. **


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