Tuesday, March 1, 2022
New regulations provides Weekly Off, Annual Leave and End of Service benefits for Domestic Workers
The Ministry of Human Resources and Social Development (MHRSD) in Saudi Arabia will soon going to apply a new rule regulating the work procedure, rights and duties of domestic workers and the similar in the Kingdom.
According to the new rule, domestic workers are entitled to rest a day in a week, 30-days annual leave, 30-days sick leave and end of service benefits.
- The new bylaw will not allow hiring domestic workers below the age of 21 years and engaging them in work for those other than their sponsors or doing those works that are not specified in the labor contract or on iqama. Trending : HR Ministry clarifies the possibility of transferring a private driver to the company
- The new rule include all the detail of the labor contract and the rules for its cancellation, it also has the rights of the worker and the employer and the duties of each other towards them.
- The articles of the new regulations specified the relationship between the domestic worker and employer by means of a written work contract and documenting i on ministry's platform online.
- The contract should mention the conditions agreed upon by two parties in a manner that it does not conflict with the provisions of the regulations specifying the type of work that the domestic work is obligated to do, the wage the employer is obligated to pay to worker and the rights and duties of both the parties.
- The contract shall specify the duration of the training period, duration of contract and the procedure for its extension and the organization of additional working hours.
- The labor contract shall also include ensuring the rights legally in the work contract with taking into account of the instructions regulating it. It shall also contain address of two parties, their email, contact number and the data of relative. Recommend : Decrease in the number of house drivers in the Kingdom of Saudi Arabia
- The probation period of the workers shall not exceed 90 days, during which the employer has the right to verify the competence of the worker.
- The employer and domestic worker can terminate the contract by their wish during training period without any responsibility on them. It is not permissible to put the domestic worker on probation more than once under the same employer.
- The domestic work contract ends in case that two parties agree to terminate it or the work contract is terminated for legitimate reason from the part of either the domestic worker or the employer or the death of one of the parties. See Also : Procedure to approve or Reject service transfer request
Do's and Dont's for Domestic Workers :
- The domestic worker is obligated, among other things to perform the agreed duty, follow the orders of the employer and the member of his family related to implementation of the agreed work, to safeguard the property of the employer and his family members, not to physically abuse or perform any violent act towards the employer and his family.
- The worker's duties included maintaining the secrets of the employer, family members and the people in the home, which he know during the work and not exposing these secrets to others, and not refusing to work or leaving the service without a legitimate reason.
- Respect the Islamic religion, follow by the regulations that are in force in the Kingdom and the customs of Saudi society and its traditions, and not to engage in any activity harmful to the family.
Domestic Worker's Rights :
- It is not allowed for employer to deduct any amount from the worker's salary except in some cases that include advance payment taken from the employer, or the costs of what the worker deliberately or negligently damage. The deduction must not be more than half of worker's salary.
- After serving two full years the domestic worker is entitled for a full month paid leave and the worker has the right to be compensated for it, if he or she did not avail of it. Read : Know one of the basic right of the domestic worker
- Worker is also entitled for a maximum 30-day annual paid sick leave on the basis of a medical report proving the need for the leave, given that the healthcare of the worker as per the regulations and instructions that are in force in the Kingdom.
- Domestic worker is entitled for end of service benefits worth a month's salary, if the worker spent 4 consecutive years in the service of the employer.
Employer's Duties :
- Employers should not allow the domestic worker to work for others, or to work in a profession other than mentioned in the contract or iqama. Employer needs to pay the salary of the worker at the end of each month as agreed upon in the contract.
- The employer must provide suitable housing for the worker. The employer duty is to pay the salary and its dues by transferring to a bank account of the worker, unless the worker wants to transfer it to a specific bank or transfer it as per one of the channels mentioned by the ministry. Download Saudi Expatriates app for latest updates
- The regulations include the employer should avoid from doing any act towards domestic worker that includes slavery or discrimination based on color, sex, age, nationality or any other forms of discrimination, as per what in force in the Kingdom.
- Employer must not keep the passport or any other private documents of the worker in his custody. It is must for the employer to send the body of the domestic worker in case of death, unless the insurance policy stipulates otherwise.
- Employer must allow the worker to communicate with his or her family, embassy of the country, the recruitment office or any other competent authorities.
- As per the new rule, employer can issue final exit to domestic worker upon the expiry of the contract , in case the worker does not want to renew it. Like and Follow Saudi Expatriates on Facebook
- It is also not permitted to assign any work that threatens the health, safety, or affects human dignity of the domestic worker. It is also not allowed to hire the domestic worker and allowed to work on their own personal account.
- The regulations stated that in case of domestic worker is absent from work, the employer is obliged to document a report of the worker's absence with the competent authority. The employer and domestic worker who violate the provisions of this regulation will be punished as per the penalties in the rules regulating the settlement of disputes between domestic workers. Join Saudi Expatriates Whatsapp group
