Labor Education

Topics

Definitions

Beneficiaries

Employers

Domestic Laborers

According to the Domestic Workers and those in their position Regulation:

Article 1

The following terms, wherever they appear in this regulation, shall have the meanings assigned to them unless the context requires otherwise:

Regulation

Domestic Workers and those in their position Regulation.

Minister

The Minister of Human Resources and Social Development.

Ministry

The Ministry of Human Resources and Social Development.

Employer

Any natural person who has recruited a domestic worker or similar category through a licensed recruitment office or has contracted with them—directly or indirectly—to perform domestic work.

Family

The domestic employer and the individuals residing with them in their household, who are related by kinship or marriage, or whom the employer is responsible for caring for due to any legal or moral obligation.

Domestic Work

A direct or indirect personal service profession performed by a domestic worker or those in their position for the employer or any member of their household in return for a wage. A list of domestic job titles and those in their position that align with labor market requirements shall be issued by a decision from the Minister or their authorized representative.

Domestic Worker

Any natural person, male or female, who performs direct or indirect domestic work for the domestic employer or any member of their household under the supervision and direction of the domestic employer or their representative. The term 'domestic worker' in this regulation refers to domestic workers and similar categories.

Wage

All amounts paid to the domestic worker or similar category on a monthly basis in execution of the terms agreed upon in the domestic work contract.

Forced work

All work or services imposed on the domestic worker or similar category under threat of punishment, which the domestic worker has not voluntarily consented to perform.

Parties to the Relationship

The employer and the domestic worker or similar category.

Domestic Work Contract

A contract that establishes a personal working relationship between the parties, under which the domestic worker or similar category undertakes to work directly or indirectly for the domestic employer and their household in exchange for a specified wage and for a specified period.

Workplace

The permanent or temporary residence of the domestic employer.

Insurance Document

The instructions regarding domestic worker insurance issued by the Council of Ministers' Decision No. 591 dated 13/10/1442H.

Month

Thirty days.

Year

Twelve months.

Article 2

All durations and deadlines specified in these regulations are calculated according to the Gregorian calendar, unless the domestic employment contract specifies otherwise.

Article 3

Any clause, reconciliation, or waiver that contradicts the provisions of these regulations during the validity of the domestic employment contract shall be void, unless it is more beneficial to the domestic worker.

Article 4

The amounts owed to the domestic workers or their heirs under these regulations are considered first-degree preferential debts. The domestic workers and their heirs have a priority claim over all the employer's assets to recover these amounts.

Article 5

No claim related to the rights specified in these regulations, or arising from a domestic employment contract, shall be accepted by the competent court if more than twelve months have passed since the termination of the domestic employment contract, unless the claimant provides an acceptable excuse, or the defendant acknowledges the claim.

Article 6

It is prohibited to employ individuals under the age of twenty-one.

Domestic laborers Contracts

Beneficiaries

Employers

Domestic Laborers

Article 7

1- The terms of the contract between the parties shall be governed by a domestic work contract in accordance with the mandatory contract templates approved by the Ministry. 2- The Arabic text shall be the official reference in the domestic work contract, and it shall be translated into the official language understood by the domestic worker in their country. 3- The domestic work contract shall be considered valid even if it is not written. In such cases, the domestic worker may prove the existence of the contract and their resulting rights by all means of proof. Either party may request to have the domestic work contract written at any time. The domestic worker's rights shall not be forfeited due to the failure to conclude a written domestic work contract in accordance with the provisions of this regulation. 4- The domestic work contract must be for a fixed term. If the duration is not specified, it shall be deemed concluded and renewed for one year from the date the worker starts work.

Article 8

The domestic work contract must include—along with other terms agreed upon by the parties, provided they do not conflict with the provisions of this regulation—the following essential elements: 1- The type of work that the domestic worker is obligated to perform. 2- The names, nationalities, places of residence, email addresses, contact numbers, details of a close relative, and the national address of the domestic employer. 3- The date of contract signing and the date it takes effect. 4- The wage that the employer is obligated to pay the domestic worker and the method of payment. 5- The rights and obligations of both parties. 6- The probation period. 7- The regulation of daily working hours, weekly rest periods, overtime hours, and cases of necessity for assigning the domestic worker to work other than what was agreed upon in the contract, provided that it falls within the scope of the jobs and professions stated in this regulation. 8- The contract term and the method of its extension and termination. 9- Insurance for the domestic work contract in accordance with the applicable regulations.

Probation Period

Beneficiaries

Employers

Domestic Laborers

Article 9

1- Both parties may agree in writing to place the domestic worker under probation for a period not exceeding ninety (90) days, during which the employer can assess the worker's professional competence and personal behavior. 2- Both parties have the right to terminate the domestic work contract unilaterally during the probation period. 3- A domestic worker cannot be placed under probation more than once with the same employer unless both parties agree that the worker will perform different duties than the initial role.

Work Organization (Working Hours – Weekly Rest)

Beneficiaries

Employers

Domestic Laborers

Article 10

1- A domestic worker cannot be worked for more than ten hours in a single day. 2- Working hours and break periods during the day must be organized in such a way that the domestic worker does not work more than five consecutive hours without a break for rest, worship, or meals, which should last at least half an hour each time within the total working hours. These break periods do not count as part of the working hours, and the total rest period must not be less than eight continuous hours.

Article 11

1- The domestic worker is entitled to one full day of rest per week with full pay, and this rest period must not be less than twenty-four continuous hours. 2- The weekly rest day will be determined by mutual agreement between both parties in the domestic work contract, in accordance with the mandatory contract models issued by the ministry. 3- If the domestic worker works on their weekly rest day, they are entitled to either a substitute rest day or a cash allowance, which will be determined by mutual agreement between the parties.

Leave and Healthcare

Beneficiaries

Employers

Domestic Laborers

Article 12

1- If the domestic worker has served for two years and both parties want to renew the domestic work contract, the domestic worker is entitled to thirty (30) days of leave. If the worker does not take this leave, they are entitled to cash compensation for it at the end of the contractual relationship. 2- Every two years of service with the employer, the domestic worker is entitled to a round-trip ticket to their home country or place of residence to spend the full leave or the remaining portion of it. If the worker is traveling permanently, they are entitled to a one-way return ticket to their home country or place of residence. If the worker takes the leave in the Kingdom, they are not entitled to a travel ticket or cash compensation for it.

Article 13

1- The domestic worker is entitled to sick leave not exceeding thirty (30) continuous or intermittent days based on a medical report, calculated as follows: • The first fifteen (15) days are with full pay. • The next fifteen (15) days are with half pay. 2- The employer has the right to terminate the domestic worker's contract if the worker's illness extends beyond thirty (30) days, and the employer must cover the cost of the worker's return ticket to their country and settle all the worker's due entitlements. 3- The employer cannot terminate the domestic worker's service due to illness before exhausting the designated sick leave unless the worker requests it in writing.

Article 14

Healthcare for domestic workers is provided according to the applicable laws and regulations in the Kingdom.

Employers’ Obligations

Beneficiaries

Employers

Domestic Laborers

Article 15

The employer is obligated to guarantee the rights of the domestic worker and fulfill their obligations toward them as follows: 1- To bear the costs of recruiting the domestic worker, profession change fees, service transfer fees, residency fees, work permit fees and their renewal, and any fines resulting from the domestic employer’s actions. The employer shall also bear any fees or amounts required to enable the domestic worker to practice their profession. 2- Not to retain the domestic worker’s passport, any of their personal documents, identification papers, or personal belongings. 3- Not to physically or verbally abuse the domestic worker or engage in any violent act toward them. 4- To refrain from any act toward the domestic worker that involves enslavement or discrimination based on color, gender, age, national origin, or any other form of discrimination, in accordance with the laws and ratified agreements in the Kingdom. 5- To refrain from sexually harassing the domestic worker, whether verbally or physically. 6- To refrain from any forced labor, servitude, or any other activity that falls under human trafficking, in accordance with the laws and ratified agreements in the Kingdom. 7- To enable the domestic workers to communicate with their family, their country’s embassy, human resources companies, and the competent authorities. 8- To provide suitable accommodation for the domestic worker or similar category within or outside the workplace, and to provide suitable food or a monetary allowance for it. The Minister, or their authorized representative, shall establish regulations regarding accommodation and monetary compensation for the domestic worker's food. 9- Not to assign the domestic worker any dangerous work that threatens their health, physical safety, or human dignity. 10- Not to recruit a domestic worker without having actual work available for them. 11- Not to permit or assign the domestic worker to work for others, work for their own benefit, work in a different profession than the one specified in the domestic work contract and residence permit or rent out the domestic worker's services to others.

Duties of the domestic worker

Beneficiaries

Employers

Domestic Laborers

Article 16

The domestic worker shall comply with the following: 1- To perform the agreed-upon work with the care of an ordinary person. 2- To follow the orders of the domestic employer and their family members, unless such orders conflict with the domestic work contract, the provisions of regulation, general provisions, general morals, or expose the worker to danger or legal liability. 3- To safeguard the property of the domestic employer and their family members. 4- Not to physically or verbally assault or engage in any act of violence toward the domestic employer or their family members. 5- To maintain the confidentiality of any private information concerning the domestic employer and their family members that the worker becomes aware of during or due to their work, and not to disclose it to others. 6- Not to work for their own benefit, for others, or in any profession other than the one specified in their domestic work contract and residence permit. 7- Not harming the dignity of the domestic employer or their family members and not interfering in their personal affairs. 8- To respect the Islamic religion and adhere to the laws, customs, and traditions in force in the Kingdom.

Salary

Beneficiaries

Employers

Domestic Laborers

Article 17

The domestic worker's wages and any amounts due to them must be paid in the official currency of the Kingdom of Saudi Arabia.

Article 18

The domestic employer must pay the domestic worker's wage monthly, in accordance with the methods determined by the Ministry.

Article 19

1- The domestic worker is not entitled to any wage for the days or hours they are absent from work. 2- If the domestic worker arrives to perform their work at the scheduled time or indicates they are ready to work at that time, and their work is prevented due to a reason attributable to the domestic employer, the worker is entitled to the wage for the period they were unable to work.

Article 20

Deductions from the domestic worker’s wage may only be made in the following cases, and the total deduction shall not exceed one-quarter of the wage: 1- The cost of any property intentionally or negligently damaged by the worker. 2- An advance payment received from the employer. 3- Execution of an administrative order or decision issued against the worker, unless the judicial ruling or administrative decision specifies that the deduction exceeds one-quarter of the wage.

Contract Termination

Beneficiaries

Employers

Domestic Laborers

Article 21

The domestic work contract ends in the following cases: 1- The expiration of the contract term. 2- An agreement between both parties to terminate it, provided that the worker's consent is in writing. 3- The death of either party or the domestic worker's inability to perform the work, based on a certified medical certificate. 4- The loss of legal capacity by either party, supported by a medical report from accredited authorities. 5- The inability of either or both parties to continue the domestic work contract due to force majeure. 6- The domestic worker reaches the age of sixty, unless both parties agree otherwise.

End of Service Benefits

Beneficiaries

Employers

Domestic Laborers

Article 22

The domestic worker is entitled to an end-of-service benefits upon the termination of the domestic work contract. End of Service Benefit is calculated as one month's salary for every four consecutive years spent with the employer. The last salary received is used as the basis for calculating end of Service Benefit, and it is paid at the time of its entitlement when the contractual relationship ends.

Article 23

If the domestic worker's service ends, the employer must pay their wages and settle their rights within one week at most from the date the domestic work contract ends. If the domestic worker is the one who terminates the contract, the employer must settle the worker's full rights within a period not exceeding two weeks. The employer may deduct any debts owed by the worker due to work-related obligations from the amounts due to the domestic worker.

Compensations

Beneficiaries

Employers

Domestic Laborers

Article 24

The domestic worker shall bear the costs of their return to their home country if it is determined that they are unfit for work or if they wish to return without a valid reason.

Article 25

Unless the domestic work contract specifies specific compensation for termination by either party without a valid reason, the other party is entitled to compensation equivalent to two months' salary.

Article 26

The domestic employer may not terminate the domestic work contract without the domestic worker being entitled to end-of-service benefits or compensation, except in the following cases: 1- If the domestic worker breaches their essential obligations as outlined in the contract or as stipulated by these regulations or refuses to perform work without valid reason despite written warnings. 2- If the domestic worker deliberately commits an act or negligence intended to cause material loss to the employer, provided the employer reports the incident to the relevant authorities within 24 hours of becoming aware of it. 3- If the domestic worker is absent from work, provided the employer adheres to the regulations and procedures set by the ministry. 4- If it is proven that the domestic worker obtained the job through deception or fraud. 5- If it is proven that the domestic worker engaged in bad conduct or committed a dishonorable or unethical act. 6- If the domestic worker assaults the employer or any family members or engages in activities harmful to the employer or their family.

Article 27

The domestic worker has the right to terminate the contract with the domestic employer while retaining their legal rights in any of the following cases: 1- If the employer breaches their essential obligations as outlined in the contract or as stipulated by these regulations. 2- If it is proven that the employer or their representative deceived the worker during the contract regarding work conditions and circumstances. 3- If the worker experiences violent assault or immoral behavior from the employer or any of the employer's family members. 4- If the employer or their representative assigns the worker dangerous tasks that threaten their health or physical safety. 5- If the employer rents the worker’s services to others.

Occupational Safety and Health

Beneficiaries

Employers

Domestic Laborers

Article 28

1- Both parties in the relationship must adhere to occupational safety and health requirements according to the regulations set by the ministry. 2- Compensation for work injuries and occupational diseases shall be paid in accordance with the provisions outlined in the insurance document.

Penalties

Beneficiaries

Employers

Domestic Laborers

Article 29

1- Without prejudice against the penalties provided for in other regulations, a domestic employer who violates the provisions of this regulation shall be subject to the following penalties: • A fine not exceeding 20,000 Saudi riyals or a ban on recruitment for a period not exceeding three years, or both. • A permanent ban on recruitment. 2- The penalty imposed on the violator may be doubled in case of repeated violation. 3- Fines shall be multiplied according to the number of individuals affected by the violation.

Article 30

Without prejudice against the penalties provided for in other regulations, a domestic worker who violates the provisions of this regulation shall be subject to the following penalties: 1- A fine not exceeding 2,000 riyals or a ban on working in the Kingdom, or both. 2- Fines shall be multiplied according to the number of violations committed by the domestic worker. 3- The violating domestic workers shall bear the costs of returning to their home country.

Article 31

To implement the provisions of Articles (29) and (30), a schedule shall be issued by the decision of the Minister or their delegate, specifying the violations and their corresponding penalties.

Article 32

Without prejudice to the provisions of other regulations, the Ministry shall have jurisdiction to receive complaints, settle them amicably, and record violations committed by the domestic employer or the domestic worker.
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