Domestic worker rights

The rights of a domestic worker are not just a legal obligation, but rather an essential part of ethical and humane treatment. This category is an important part on which the stability of many families depends at the present time. Therefore, the Saudi government sought to establish special laws and regulations that guarantee their rights and protect them from any infringement.

What are the rights of a domestic worker?

placedSaudi Ministry of LaborA set of rights for domestic workers to improve their conditions and protect them. These rights include:the following:

1- Treatment rights

• Respect 

The worker has the right to be treated with respect and appreciation, without being subjected to any form of humiliation or assault.

• Providing a safe working environment 

One of the most important rights is for the employer to provide housing and a safe working environment for the worker, so that she is not afraid for herself and her money.

• Personal freedom 

Do not force the worker to do anything outside her will, such as working for someone else or converting to a religion other than her own.

• Number of hours of daily rest 

The worker must be given a number of rest hours of no less than 8 hours per day so that she can continue her work without fatigue or exhaustion.

• Weekly vacations 

Leaves are usually agreed upon between the two parties to the contract.

2- Material rights 

• Monthly salary 

The monthly salary must be delivered on time every month without delay, and the salary payment must be documented through a bank account to guarantee the worker’s rights.

• End of service bonus 

If the worker continues to work for a period exceeding 4 years, she is entitled to a financial reward at the end of service.

• Annual leave 

If the worker completes two years of work, she is entitled to a month’s paid leave.

3- Labor system rights 

• The existence of a documented employment contract between the two parties that includes all rights and duties.
• The contract period shall be two years, renewable.
• The worker has the right to transfer her sponsorship herself if she is subjected to abuse.
• The sponsor must provide a round-trip travel ticket for the worker after the contract expires or is renewed.

How can a worker preserve her rights?

The worker preserves her rights by reading the contract carefully, documenting it in supporting documents, and adhering to her duties, with her right to resort to the embassy or official authorities in the event of violations. Here is a breakdown of these legal steps that ensure a fair and safe work environment for both parties:

• Read the employment contract carefully 

The worker must review the employment contract, read all the clauses carefully, and confirm the details of working hours, salaries, and vacations.

• Documenting contracts through the Musaned platform 

Electronic documentation ensures that contracts are preserved and referred to at any time.

• The worker contacts the embassy

When any problem occurs, she can communicate and turn to her embassy to solve the problems and help her.

• Commitment to duties 

This strengthens the relationship between the worker and all family members, and thus affection and loyalty prevail between them.

• File a formal complaint 

If the worker does not obtain her full rights or is subjected to abuse, she has the right to submit complaints to the official authorities.

You can also read:Reasons and motives for the flight of domestic workers

Worker procedures when her rights are violated

The worker’s procedures when her rights are violated begin with direct negotiation, then official escalation through Musaned or the embassy and recruitment office to ensure legal solutions. Here is a breakdown of these steps and the parties concerned with protecting the worker’s rights and ensuring her fairness in accordance with the applicable regulations:

1. Try to discuss the problem directly with the sponsor first and negotiate with him respectfully.
2. File a formal complaint viaSupportsUntil the Ministry of Human Resources is informed of it.
3. When a worker is unable to access her rights and the problem is not resolved, she contacts the embassy in her country to help her.
4. Resorting to the recruitment office and submitting a complaint to it, so that it provides appropriate solutions.

Punishment for violating the worker’s rights

The regulations impose strict penalties for violating a worker’s rights, including heavy financial fines, bans on recruitment, and prosecution to ensure fair compensation. Here is a breakdown of these penalties and legal procedures resulting from violating the terms of the contract or mistreatment:

• A fine of up to more than 20,000 Saudi riyals if the violation is related to the terms of the contract, or mistreatment.
• The sponsor is prohibited from recruiting domestic workers for a specific period if the violations are repeated.
• Referring the employer to the legal authorities if the assault involves beating, cursing, or insulting.
• In many cases, legal authorities decide a sum of money to be paid to the worker to compensate her for the harm she suffered.

Read also:How to achieve a successful relationship with your domestic worker

Frequently asked questions

Is a domestic worker entitled to sick leave?

Yes, the domestic worker has the right to obtain sick leave with full pay for the first month, and three-quarters of the pay for the following 60 days, and the year is calculated from the date of the first sick leave.

Does the domestic worker have the right to leave the house?

The employer is obligated to issue a final exit visa to the domestic worker at the end of the contract, when the worker does not wish to renew the contract and leave the home.

Is the worker entitled to vacation pay?

Yes, the domestic worker is entitled to annual leave for every year he works. It is a paid leave for a period of three weeks, and he can split it as well, and he does not infringe on the rights or interests of the employer unless something else is agreed upon, to implement the laws on the rights and duties of the domestic worker.

What should I do if the worker refuses to work?

If the worker refuses to work, the employer must sponsor her travel. If she refuses to work before the end of the contract period, it is necessary to resort to the Domestic Workers’ Dismissal Committees of the Ministry of Human Resources, if she abstains from work after the trial period of 90 days has passed.

What are the entities responsible for protecting the rights of domestic workers in Saudi Arabia?

The authorities responsible for protecting the rights of domestic workers in the Kingdom are as follows:

• The Saudi Ministry of Human Resources and Social Development is considered the first body committed to protecting the rights of the domestic worker, as it sets laws regarding employment and recruitment and other matters, and it also implements regulations that take into account the rights of the domestic worker.
• Embassies for each nationality.
• Charitable societies and human rights associations in the Kingdom.
• Media.

Does a domestic worker have the right to keep her passport?

Yes, the worker has the right to keep her passport. Her employer’s prevention of her from keeping her documents is in violation of the laws of the Ministry of Labor.

Can a domestic worker’s sponsorship be transferred without her consent?

The domestic worker’s sponsorship cannot be transferred without her consent, because her consent is a basic condition of the contract that cannot be completed without it.

What is the monthly salary of a domestic worker?

The value of a domestic worker’s salary in the Kingdom varies according to experience, skills, and nationality, and usually ranges between 900 Saudi riyals to 4,000 Saudi riyals.

Should the domestic worker’s employment contract be registered with an official body?

Yes, the employment contract must be registered on the Musaned platform of the Ministry of Human Resources and Social Development. It is an official and documented body that guarantees the rights of all parties to the employment contract.

Does a domestic worker have the right to refuse to work outside the home?

Yes, the worker has the right to refuse to work outside the home and to refuse any work not agreed upon in the contract.

The rights of the domestic worker are a shared duty between her and the sponsor. Because it guarantees mutual respect between both parties. Fairness in granting rights to their owners and avoiding abuse are all factors that help create a safe and stable work environment.

If you are looking for an officially registered and accredited recruitment office that guarantees the rights of its owners, then Gazelle Office is considered the ideal choice.

Contact the Jazl office now and ensure a safe and ideal experience focused on quality and commitment.