A Comprehensive Guide to the Rights and Obligations of Domestic Workers in Saudi Arabia

Introduction

The role of domestic workers in the Kingdom of Saudi Arabia is integral to the functioning of many households. Recognizing the importance of protecting the rights of these workers while also ensuring their responsibilities are clearly defined, the Ministry of Human Resources and Social Development has developed comprehensive regulations. This blog post aims to provide a detailed overview of these rights and obligations, ensuring both domestic workers and employers are well-informed.

Who are Domestic Workers?

Domestic workers are individuals who provide services within a household setting. These services can range from cleaning and cooking to childcare and personal assistance. According to the regulations, a domestic worker is any natural person who performs a domestic service, directly or indirectly, under the supervision and direction of the employer or their representative.

Professions Available for Domestic Workers

In Saudi Arabia, the scope of domestic work covers 14 professions:

• Domestic worker
• Private driver
• Nanny
• House nurse
• House cook
• House tailor
• House waiter
• Butler
• House manager
• Housekeeper
• Personal assistant
• House farmer
• Physiotherapist
• Specialist private speech and hearing therapist

Digital Services for Domestic Workers

Saudi Arabia provides several digital services to facilitate the recruitment and management of domestic workers. The Musaned platform, for instance, is an integrated electronic system that helps individual employers in Saudi Arabia recruit domestic workers through authorized agencies. The platform offers electronic documentation between local recruitment offices and foreign offices in countries sending domestic workers, along with electronic contracting and complaint filing services.

Legal Provisions Regulating Recruitment and Employment

The recruitment and employment of domestic workers in Saudi Arabia are governed by specific legal provisions designed to balance the rights and obligations of both parties. Key regulations include:

• Rules for practicing recruitment and providing workers' services
• Rules for dealing with expatriates who violate laws

These regulations aim to create a suitable working environment that complies with both local and international standards, including the International Labour Organization Convention No. 189 and Recommendation No. 201 on decent work for domestic workers.

Rights of Domestic Workers

Domestic workers in Saudi Arabia are entitled to several rights, ensuring their well-being and fair treatment. These include:

• The wage stipulated in the unified contract signed by the employer and worker.
• One day off per week as agreed upon in the contract.
• Continuous daily rest of no less than eight hours.
• One month of paid leave every two years.
• A trial period that cannot be repeated unless the job changes.
• Travel costs covered by the employer every two years.
• An end-of-service bonus equivalent to one month's wage for every four consecutive years of service.
• Thirty days of sick leave per year, supported by a medical report.
• Maintenance of identification documents by the worker, such as passports and IDs.

Obligations of Domestic Workers

In addition to their rights, domestic workers have certain obligations to fulfill, including:

• Performing work according to the employer's guidance and supervision as per the employment contract.
• Preserving the employer’s property and maintaining confidentiality.
• Not refusing work or leaving service without an acceptable excuse.
• Respecting the Islamic religion, Saudi laws, customs, traditions, and public morals.

Obligations of Domestic Employers

Employers in Saudi Arabia must adhere to several obligations to ensure the fair treatment of domestic workers, including:

• Signing an employment contract according to the Ministry’s guidelines.
• Providing suitable housing, food, and clothing.
• Enabling communication between the worker and their relatives.
• Handling medical examination procedures and residency requirements.
• Ensuring the worker's daily rest period is at least nine hours.
• Offering medical treatment or health insurance.
• Treating workers with dignity and respect, without assigning them tasks outside the agreed job scope.

Obligations of Recruitment Offices

Recruitment offices also have a set of obligations, such as:

• Informing the worker about the nature of the job and salary.
• Conducting necessary medical examinations.
• Educating workers on Saudi customs, traditions, and public morals.
• Providing appropriate housing and support if a worker refuses to work for an employer.

Resolving Disputes and Complaints

In case of disputes between domestic workers and employers, either party can file a complaint with the Ministry of Human Resources and Social Development. The Ministry aims to resolve disputes amicably within five working days. If an amicable settlement is not possible, the competent committee will consider the matter and may decide on it within ten working days.

Penalties for Domestic Workers

Domestic workers who violate the regulations can face penalties, including:

• Fines up to 2,000 riyals or a permanent ban from working in the Kingdom.
• Deportation at the Kingdom's expense if they do not have financial benefits covering the fines.

Penalties for Employers

Employers who violate the regulations may face penalties such as:

• Fines up to 2,000 riyals or a one-year recruitment ban.
• Increased fines and longer bans for repeated violations.
• Permanent recruitment bans for severe violations.

Conclusion

Understanding the rights and obligations of domestic workers and employers in Saudi Arabia is crucial for maintaining a fair and respectful working relationship. By adhering to these regulations, both parties can ensure a harmonious and productive environment that respects the dignity and rights of domestic workers while fulfilling the needs of employers.