Domestic worker laws in Saudi Arabia were enacted to guarantee the rights of the domestic worker, and to enhance the work environment and make it fair without either party violating the rights of the other. In this article, we will present to you the most prominent rights and duties of domestic workers.
Domestic worker rights
1- Work a number of hours commensurate with the worker’s capacity and give them a day of rest
The Ministry of Human Resources has issued regulations regarding the number of working hours for domestic workers, which are as follows:
- The domestic worker is not allowed to actually work for more than 10 hours.
- Working hours and rest periods are regulated during the day, such that the domestic worker is not permitted to work for more than five consecutive hours without a period for rest, sleep, food, treatment, worship, etc. of no less than half an hour at a time in the total number of working hours. These periods are not included in the calculation of working hours, provided that the continuous rest periods daily are not less than eight hours.
These regulations and laws worked to regulate personal rights and ensured a balance between work and people’s normal lives without violating the rights of the domestic worker.
2- Health care and paid annual leave
Of the regulations issuedMinistry of Human ResourcesTo ensure health care and annual leave for workers, the following are:
- For a domestic worker, whenever he spends two years at work, the employer is obligated to cover the costs of his travel and return to his home country to spend his entitled vacation. If the travel is not permanent, he is entitled to a return ticket only to his home country. If the worker enjoys the vacation within the Kingdom, he is not entitled to a travel ticket or financial compensation for it.
- If the domestic worker spends two years in service and he and the employer want to renew the employment contract, then the domestic worker in this case is entitled to a vacation of a full month. If the domestic worker does not enjoy his vacation, he is entitled to financial compensation for it upon the expiration of the contract.
3- Payment of end-of-service benefits
The employer gives the worker a month’s wages at the end of his service, in appreciation and respect for his efforts throughout the period of working with him, if he spent four years in service.
4- Good and effective communication
Communication must be in a manner characterized by respect and appreciation, as this gives the worker the courage to overcome her fear and communicate with household members well and effectively, and enhances the feeling of trust and reassurance.
5- Respect prevailing cultural customs and traditions
To build a healthy professional relationship, mutual respect for cultural customs is necessary, as this strengthens communication and mutual understanding and gives a feeling of appreciation.
6- Providing rewards and incentive leaves
Appreciation and providing motivation help increase worker productivity. Appreciation and material and moral rewards make workers give their best.
Duties of a domestic worker in Saudi Arabia
I becameDomestic workerIn Saudi Arabia, it is an inseparable part of any family, which necessitates building a strong relationship between the worker and family members, to ensure continuity of work, and to guarantee the rights of the domestic worker. Among the indispensable duties of the worker are the following:
- Not to violate any of the terms of the contract that were agreed upon.
- The worker must exert his effort in the work he is doing in order to perform it to the fullest extent.
- The worker respects the customs and traditions of his employers without violating anyone’s rights.
- Not to harm any family member by word or deed.
- Do not overuse things in the house, and preserve the privacy of the household members.
- The worker is committed to respecting the official and prevailing Islamic religion within the Kingdom.
- The worker must abide by the Sharia laws and regulations stipulated.
Employer rights
According to Saudi law, the regulations of Article Sixty-Five of employers’ rights, so the worker must do the following:
- To carry out the work in accordance with the principles of the profession, and in accordance with the employer’s instructions, if these instructions do not violate the terms of the contract or public morals, and their implementation does not expose him to danger.
- He must take care of the tools and items that are the property of the employer, and not dispose of non-consumable materials and return the rest of them to the employer.
- To adhere to good behavior, morals, and etiquette while working.
- The worker provides assistance and assistance in cases of disasters and emergencies without expecting financial compensation.
- According to the employer’s wishes, the worker must undergo medical examinations before starting work or during work, in order to verify that he is free of infectious diseases.
- To keep the professional secrets of the work he performs, without revealing them or harming the employer.
Employer duties
Article Eleven of the Labor Law in the Kingdom stipulates that if an employer entrusts any person to perform one of his original jobs or part of it, the other employer must give his workers all the rights that the original employer gives to his workers.
Frequently asked questions
Is it permissible to search a domestic worker?
No one has the right to search a domestic worker. If there is doubt, resorting to the law is the safest solution, in order to respect the domestic worker.
What are the legal consequences if a domestic worker’s rights are violated?
In the event that the rights of the domestic worker are violated, penalties must be imposed to deter the aggressor of their rights, which are as follows:
- The employment contract between the worker and the employer must be terminated.
- A fine will be paid to compensate the worker for the damages that have arisen.
- The violator is subject to legal punishment, as the worker reports to the government agencies responsible for labor rights when his rights are violated.
What are the duties of a domestic worker?
The domestic worker also has rights that the Saudi government has been keen to preserve. She has duties towards her work that she must perform. Here are the most prominent duties of the domestic worker:
- Commitment to performing tasks on time and to the fullest extent.
- Do not exploit the resources available at home for personal gain.
- Not disclosing secrets and maintaining individuals’ privacy.
- Respect the customs and traditions of family members.
- Do not harm anyone verbally or deed.
- Without violating any of the agreed upon terms of the contract.
Domestic worker rights in case of death?
Upon the death of a domestic worker, her relatives or one of the heirs may resort to searching for her rights. Among the most prominent rights that the relatives of the deceased worker can obtain are the following:
End of service bonus
The reward can be calculated based on the length of time the worker spent at work. If it exceeds five years, she is entitled to a full salary for each of the five years. If it does not exceed five years, she is entitled to half a salary for each year she has worked. This is what the Saudi Labor Law states.
Vacations
If the worker has accrued leave, it is necessary to pay the financial value to the relatives of the deceased worker.
Death compensation
If the death of the worker was due to work, the heirs are entitled to receive the salary for 3 consecutive years of work.
Social insurance rights
If the deceased worker participated in social insurance, the heirs are entitled to receive the worker’s pension.
Is the worker’s treatment up to the sponsor?
Yes, the worker’s treatment is on the sponsor, as employers must provide health insurance for domestic workers and commit to covering all health care costs while bearing responsibility.
Is the worker’s clothing on the sponsor?
Yes, the sponsor must provide the worker with appropriate clothing and all her necessary personal necessities, because providing clothing, food, and housing are among the rights of domestic workers stipulated by the Ministry of Labor to protect the worker’s rights.
How many hours does the worker work?
According to the regulations issued by the Ministry of Human Resources and Social Development in the Domestic Work Law in Article 10, a female worker may not be employed for more than 10 hours throughout the day as a maximum, and she may not be employed for more than 5 continuous hours without rest periods.
How many hours of rest is a domestic worker entitled to?
The domestic worker has the right to a daily rest of no less than 8 continuous hours, with an agreement between the two parties to the contract to distribute the rest times in a way that suits each of them. The worker also has the right to take a time of no more than half an hour in the middle of working hours, which is for worship and eating and is not counted among the working hours.
Is the Internet a domestic worker’s right?
The Internet worker has the right to use the mobile phone and the Internet, which is necessary to communicate with her family, but she can use them outside of her working hours.
How long does the worker sleep?
The worker must get 8 hours of rest per day during which she can sleep.
Is the domestic worker entitled to a weekly rest day?
Yes, the female worker has the right to a weekly rest day. Article 11 of the Labor Law issued by the Ministry of Human Resources and Social Development requires a female female worker to have a weekly rest day of no less than 24 hours.
What are the conditions for canceling a domestic worker contract?
The employment contract can be terminated before the end of its term under the following conditions:
- By mutual consent
The agreement between the two parties to the contract and the agreement of each of them to do so, along with the signing of an agreement clarifying the end of the contract and its conditions.
By judicial order
The employment contract shall be terminated if it is by judicial order if one of the parties to the contract has committed a major crime related to the work.
Reasons in the work system
If there are reasons for a breach of one of the terms of the contract by one of the parties, on the part of the employer, such as delaying the delivery of the salary, or subjecting the worker to insults, beatings, ill-treatment, and the like.
Or the legal reason on the part of the worker was that she was not qualified to work.