Saudi Arabia has established a comprehensive legal framework to regulate the employment of domestic workers, ensuring their rights and delineating their obligations. Recent legislative reforms have further refined these regulations, aiming to balance the interests of both employers and domestic workers. This article provides an in-depth overview of the key aspects of the Domestic Workers Law in Saudi Arabia, highlighting significant updates and their implications.

Legal Framework for Domestic Workers

The Kingdom of Saudi Arabia recognizes 14 professions under the category of domestic workers. The Ministry of Human Resources and Social Development (MHRSD) oversees the contractual relationships between domestic workers, recruitment agencies, and employers, aligning with international standards such as the International Labour Organization’s Convention No. 189 on decent work for domestic workers.

To ensure fairness and transparency, the Saudi government has implemented various measures, including digital contract registration through the Musaned platform, which streamlines the hiring process and prevents contract violations. The law governs aspects such as recruitment fees, sponsorship conditions, and employer responsibilities.

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Key Provisions of the Domestic Workers Law

1. Minimum Age Requirement

The law prohibits the employment of individuals under the age of 21 as domestic workers. This measure aims to protect young individuals from exploitation and ensure that only adults who understand their rights and responsibilities enter the workforce.

2. Contractual Obligations

Employment contracts must be clear and comprehensive, outlining:

• Job descriptions and expected duties
• Agreed-upon salaries and benefits
• Working hours and designated rest periods
• Living conditions and accommodations provided by the employer
• Procedures for contract termination and dispute resolution

Both the employer and domestic worker must sign the contract, and any violation of the agreement can lead to legal consequences.

3. Working Hours and Rest Periods

To safeguard the well-being of domestic workers, Saudi law enforces limits on working hours:

• Domestic workers should not work more than 10 hours per day.
• They are entitled to at least 9 hours of consecutive rest per day.
• A weekly day off is mandated to ensure work-life balance.
• Annual leave is granted, as specified in the contract.

4. Salary and Benefits

Employers are required to pay domestic workers their agreed-upon wages promptly. Key salary provisions include:

• Payment should be made at the end of each month.
• Employers must provide a receipt or proof of payment.
• Delayed or withheld salaries can lead to penalties for the employer.
• Workers are entitled to paid medical care and sick leave in case of illness.

5. Termination and Dispute Resolution

The law outlines conditions under which either party can terminate the contract. In cases of disputes, the MHRSD provides mediation and resolution services. If mediation fails, the matter can be escalated to Saudi labor courts.

Workers who experience abuse, non-payment of wages, or contract violations have the right to seek legal assistance and may be transferred to another employer without penalties.

Recent Legislative Updates

Saudi Arabia introduced significant amendments to its labor laws affecting domestic workers. These updates aim to enhance worker protections and streamline employer-employee relationships.

1. Transfer of Employment Without Employer Consent

Domestic workers now have the right to transfer their employment to a new employer without requiring permission from their current employer under certain conditions, such as:

• Non-payment of wages for three consecutive months
• Evidence of abuse or exploitation
• Employers failing to provide suitable working conditions
• Violation of contract terms

This change provides workers with more flexibility and helps prevent employer misconduct.

2. Enhanced Legal Protections Against Abuse

Saudi authorities have intensified their efforts to prevent exploitation and abuse. Measures include:

• Establishment of a helpline for domestic workers to report grievances
• Stricter penalties for employers found guilty of physical or emotional abuse
• Improved shelter facilities for workers escaping abusive conditions

3. Improved Working Conditions

The government has emphasized the importance of humane working conditions by implementing:

• Stricter monitoring of recruitment agencies to prevent worker exploitation
• Mandatory health insurance for domestic workers
• Increased awareness campaigns to educate workers about their rights

Challenges and Criticisms about this law

Despite these advancements, challenges remain in fully enforcing the Domestic Workers Law. Some key issues include:

1. The Kafala System

Although Saudi Arabia has reformed the traditional sponsorship system, elements of the “kafala” system still exist, giving employers control over workers’ mobility. Further reforms are necessary to provide domestic workers with greater independence.

2. Exclusion from General Labor Laws

Domestic workers are not covered under the broader labor protections applicable to other professions. This exclusion leads to gaps in legal rights, particularly regarding working hours, minimum wage enforcement, and leave entitlements.

3. Implementation and Enforcement Gaps

Ensuring that the laws are effectively implemented remains a challenge. Some employers continue to violate the law without facing consequences due to inadequate enforcement mechanisms. Strengthening inspections and penalties can help mitigate these issues.

Saudi Arabia’s Domestic Workers Law represents a structured approach to regulating domestic employment, aiming to protect the rights of workers while outlining their obligations. Recent reforms have introduced important changes to enhance these protections. However, continuous efforts are necessary to address existing challenges, ensure effective implementation, and promote the well-being of domestic workers in the Kingdom.

Read More: New Saudi Insurance Scheme to Protect Rights of Expat Workers

Employer Responsibilities and Ethical Treatment

Ensuring a Safe and Respectful Working Environment

Employers must provide domestic workers with a safe and respectful environment free from harassment or mistreatment. Clear expectations and respectful communication help build trust between both parties.

Providing Proper Living Accommodations

Domestic workers who live in their employer’s home must be given suitable and private living quarters, access to sanitary facilities, and necessary household provisions to maintain their well-being and dignity.

Adhering to Fair Recruitment Practices

Employers must follow ethical recruitment practices, ensuring that workers are hired through legal channels without being subjected to excessive recruitment fees or deceptive contract terms.

Read More: Electronic Employment Contracts through Qiwa

Domestic Workers’ Rights and Protections

Right to Privacy and Dignity

Domestic workers are entitled to personal privacy, including designated private spaces for rest. Employers must respect their workers’ dignity and avoid any form of intrusion into their personal lives.

Protection from Forced Labor and Exploitation

Laws in Saudi Arabia strictly prohibit forced labor and exploitation. Workers cannot be compelled to work against their will, and they have the right to seek legal assistance if they experience coercion or mistreatment.

Access to Healthcare and Legal Support

Employers are required to provide domestic workers with medical insurance, covering necessary healthcare services. Workers also have access to legal aid and helplines if they face any disputes or violations.

Role of Recruitment Agencies in Domestic Employment

Licensing and Monitoring of Agencies

Only licensed recruitment agencies are permitted to facilitate the hiring of domestic workers. The government closely monitors agencies to ensure compliance with labor laws.

Ensuring Fair Contract Terms

Agencies must ensure that contracts are transparent and in accordance with labor laws, clearly outlining salary, duties, working hours, and other entitlements.

Reducing Illegal Recruitment Practices

The Saudi government has taken strict measures against illegal recruitment practices, such as human trafficking and misleading job offers. Agencies found violating regulations face penalties and legal action.

Steps for Hiring a Domestic Worker in Saudi Arabia

Legal Requirements for Hiring

Employers must adhere to legal procedures when hiring domestic workers, including securing the necessary work permits and following recruitment guidelines set by MHRSD.

Process of Contract Registration via Musaned

Musaned, an official recruitment platform, ensures that contracts are registered and verified. This platform provides transparency, protecting both workers and employers from fraudulent practices.

Employer’s Obligations During Recruitment

Employers must ensure that the worker receives proper orientation regarding job expectations, rights, and responsibilities before starting employment. They must also cover visa and travel expenses as required by law.

Legal Recourse for Domestic Workers Facing Violations

Reporting Mechanisms for Abuse or Wage Disputes

Workers experiencing abuse, wage delays, or contract violations can report their grievances through dedicated helplines, embassies, or the MHRSD complaint system.

Access to Labor Courts and Mediation Services

Domestic workers have the right to legal recourse through Saudi labor courts, which provide mediation and dispute resolution services. If necessary, legal aid is available to assist workers in their claims.

Government Initiatives to Support Domestic Workers

Saudi Arabia has launched initiatives to support domestic workers, including financial aid programs, shelter facilities for abused workers, and public awareness campaigns on labor rights.

By improving enforcement, providing better dispute resolution mechanisms, and further refining the legal framework, Saudi Arabia can continue to advance its labor rights protections for domestic workers, fostering a fairer and more balanced work environment.