Labor Education

Topics

Definitions

Beneficiaries

Domestic Laborers

In accordance with Article (1) of the Regulations of the Domestic Workers

Employer

Each and every person of a natural character who has recruited the domestic service worker themselves, or through a licensed recruitment agency, or contracted with him/her, directly or indirectly, to perform domestic service.

Domestic Service

Direct or indirect personal service performed by the domestic worker to the employer, or any member of his/her family for a wage.

Domestic Worker

A person of a natural character who performs a direct or indirect domestic service to the employer, or any member of their family, and during their performance of the service such a domestic service worker shall be supervised and directed by the employer, or their deputy; this shall include male and female domestic workers, private drivers, gardeners, or home guards and the like. When the term “domestic worker” is used in this Regulation, it means the domestic worker and the like.

Home

The place where the family resides, permanently or temporarily.

Family

The employer and the people who live with him, and have a kinship or affinity with, or are under his personal care for any legal or moral reason.

Domestic laborer Contracts

Beneficiaries

Employers

Domestic Laborers

Article (3)

1- The employment relationship between the domestic worker and their employer shall be regulated by a written contract, and the Arabic version of the contract shall prevail. 2- The contract shall be executed and translated, if any, in three copies, each of the two parties shall keep a copy while the third shall be kept at the National Recruitment Office.

Article (4)

In addition to other conditions agreed upon by the parties, and in a manner that does not contradict with the provisions of these Regulations, the contract shall include the following essential elements: 1- The nature of work that the domestic worker shall perform. 2- The wage that the employer shall pay to the domestic worker. 3- Rights and duties of both parties. 4- The probation period. 5- The term of the contract and renewal thereof.

Article (5)

1- Both parties may agree to keep the domestic worker under probation for a period not exceeding (ninety) days, during which the employer may verify the professionalism of the domestic worker and the integrity of their personal behavior. 2- The employer may terminate the contract at his/her own discretion during the probation period without any liability if it is proved that the domestic worker is incompetent. 3- The domestic worker may not be kept under probation more than once by the same employer, unless the parties agree that the domestic worker shall be employed in a different job than his/her first agreed upon one.

Article (14)

The employment contract shall be terminated upon the death of either the employer or the domestic worker. If the employer’s family wishes such a domestic worker to remain in service, they shall contact and refer to the labor office to correct the name of the employer.

Article (15)

If the employment contract expires or is terminated by the employer for an invalid reason, or by the domestic worker for a valid reason, the employer shall bear the cost of the flight ticket to send the domestic worker back to their home country.

Duties of Domestic laborers

Beneficiaries

Domestic Laborers

Article (6)

The domestic worker shall: 1- Perform the work agreed upon, with good care. 2- Follow the orders and instructions of the employer and their family members for the implementation of the work agreed upon. 3- Protect the property of the employer and their family members. 4- Not do harm to the family members, including children and the elderly. 5- Maintain the secrets of the employer, the family members and the people who are at home, which such a domestic worker gets acquainted with during or because of work, and not divulge and give away such secrets to others. 6- Not refuse to work or leave the service without a valid reason. 7- Not work for his own interest and benefit. 8- Not violate the dignity of the employer and the family members and shall not interfere in their affairs. 9- Respect Islam, abide by the laws in force in the Kingdom, the customs and traditions of the Saudi society, and shall not engage in any activity that harms the family.

Leaves

Beneficiaries

Domestic Laborers

Article (8)

The domestic worker may obtain a weekly day of rest, as agreed upon by the parties to the contract.

Article (10)

The domestic worker shall be entitled to one-month paid leave if such a domestic worker has spent two years and wishes to renew their contract for a similar period.

Article (11)

The domestic worker shall be entitled to paid sick leave of no more than thirty days per year, based on a medical report proving their need for sick leave.

Penalties for Domestic laborers

Beneficiaries

Domestic Laborers

• Penalties for Workers

Article (18)

Without prejudice to the penalties stipulated in other laws and regulations, the domestic worker, who violates the provisions of these Regulations, shall be punished as follows: 1- The domestic service worker shall pay a fine not exceeding two thousand riyals, or shall be banned from working in the Kingdom permanently, or both penalties shall apply. 2- The fines shall be multiplied by the number of violations committed by the domestic worker. The domestic worker shall bear the costs of their return to their home country, and if such a domestic worker does not have financial dues that cover the fines imposed on them, such a domestic worker shall be deported to their home country at the expense of the government. If the proceeds from the application of Article (19) of these Regulations are not enough to cover the said expenses.

• Penalties for Employers (in accordance with the Regulations of the Domestic Workers and the Likes)

Article (17) of the Regulations of the Domestic Workers and the Likes

Without prejudice to the penalties stipulated in other laws and regulations, the employer, who violates the provisions of these Regulations, shall be punished as follows: 1- A fine not exceeding two thousand riyals, or preventing them from recruitment services for one year, or both penalties shall apply. 2- If the violation is repeated, the employer shall pay a fine of not less than two thousand riyals and not more than five thousand, or by preventing them from recruitment services for a period of three years, or both penalties shall apply. 3- If the violation is repeated for the third time, the committee may prevent the violator from recruitment services permanently. 4- The penalty shall be multiplied by the number of violations proven against the employer.

Rights of Domestic Workers

Beneficiaries

Domestic Laborers

Article (2)

The employer shall not assign the domestic workers to work other than that agreed upon in the contract, or to assign him to work for a third party.

Article (7)

The employer shall: 1- Not assign the domestic worker to work other than the work agreed upon, except in cases of necessity, provided that the work which the domestic worker is assigned to does not differ substantially from their original work. 2- Not assign the domestic worker to any dangerous work that threatens their health, integrity of their body, or violates the domestic worker's human dignity. 3- Pay the wage agreed upon at the end of each Hijri month to the domestic service worker, unless otherwise agreed upon between two parties in writing. 4- Pay the wage and their dues in cash or by check, and document this in writing, unless the domestic service worker wants to transfer such dues to a specific bank account. 5- Provide good housing for the domestic worker. 6- Allow the domestic worker to enjoy daily rest for a period of not less than nine hours per day. 7- Appear in person, or by delegation, before the committee on the dates it determines to consider the claim submitted against the employer. 8- Not hire the domestic worker or allow them to work for their own interest.

Article (16)

The domestic worker shall be entitled to end-of-service reward of a one-month wage if such a domestic worker has spent four years in a row in the employer’s service.

Penalties for Violation by the Employer

Beneficiaries

Employers

Domestic Laborers

According to Article No. 17, without prejudice to the penalties stipulated in other regulations, the employer who violates the provisions of this regulation shall be penalized as follows.

• A fine not exceeding two thousand Riyals, or being prevented from recruiting for one year, or both. • 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 from recruiting for three years, or both. • If the violation is repeated for the third time, the relative committee may prevent the violator from recruiting. • The penalty shall multiply by multiplicity of violations proved against the employer.
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