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The rights and duties

Domestic Labor Regulation:

The content of this list is based on the domestic labor and the law issued by the Council of Ministry, Article No. (310) as on 09/07/1434 H

Employer Rights:

Probation Period for the Domestic Labor:

The parties may agree to place the domestic labor on probation for a period not exceeding (ninety) days, during which the employer shall ensure the professional competence of the domestic labor and his proper personal conduct.

It is not permissible to put the domestic labor on probation for more than once with the same employer, unless the parties agree that the domestic labor shall work in a different profession.

Contracting:

The work relationship between the domestic labor and the employer shall be regulated by a written contract. The Arabic text shall be the prevailing version. The contract and its translation - if any – shall be issued in three copies, with each party retaining a copy and the third one shall be deposited with the Private Recruitment Office. There should be a clear identification of the following main factors:

1. The type of work to be performed by the domestic labor,

2. The Wage that the employer shall pay to the domestic labor,

3. Rights and obligations of both parties,

4. Duration of the probation period,

5. Duration of the contract and method of extension.

Contract Termination During the Probation Period:

The employer may terminate the contract upon his own will during the probation period without any responsibility on him, if the domestic labor is proved to be unfit.

Upon Contract Expiration or Termination for Illegal Reason:

If the contract expired, or was cancelled by the employer for an illegitimate reason, or by the domestic labor for a legitimate reason, the employer shall bear the value of the ticket for repatriation of the domestic labor to his/her country.

Upon Contract Termination for the Death of Either Party:

The Contract shall expire by the death of the employer or the domestic labor. If the employers family is willing to keep the domestic labor, they will have to check with the labor office to correct the name of the employer.

Upon the Absence of the Domestic Labor:

When the domestic labor quits his/her work, the employer shall do the following:

Requirements:

1- Original + Copy of the Employers national ID

2- If the presenter is a legal agent, then he has to present the authorization letter.

3- Original passport and copy of Residence Permit, if any (or border entry number for the recruited domestic labor).

4- Fill in the work absence notification form, providing 2 copies

Actions to be taken by the Employer when Domestic Labor quits work:

1. Inform Domestic Labor Care Office

(After 24 hours)

2. Proceed to the Expatriate Office in Passports Department and complete the procedures needed based on the letter received from the Domestic Labor Care Office

3. Inform the Passports Department about the absence of the domestic labor to take the necessary action

4. Inform the labor office to ensure that the domestic labor has no claim against the employer or vice versa. If there is a claim, then the labor office has to inform the passports department accordingly

5. Provide the employer with a copy of the work absence notification form.

Employer Obligations:

The Work Agreed Upon:

The employer is obliged:

1 Not to assign the domestic labor with work not agreed upon in the contract, or work for others, except in cases of necessity, ensuring the work is not substantially different from his/her original work.

2 Not to assign the domestic labor any risky work to health or safety of his/her body, or negatively affects his/her dignity.

3 Not to sublet the domestic labor, or allow him/her to work for his/her own account.

The Agreed Upon Wage:

The employer is obliged:

1- To pay the agreed wage at the end of each Hijri month, unless the parties agree -otherwise- in writing.

2- To pay the wage and entitlements in cash or by check, and document it in writing, unless the labor wants to transfer the wage to a specific bank account.

Deduction from the Wage:

The wage of the domestic labor may not be deducted except in the following cases and not with more than half the wage:

1. Costs of what he/she intentionally or negligently damaged.

2. A down payment he/she obtained from the employer

3. Implementation of a court judgment or an administrative decision issued against him/her, unless it has been stipulated in the court judgment or the administrative decision that the deduction exceeds half the wage.

Domestic Labor Housing:

The employer is obliged to provide a suitable housing for the domestic labor.

Domestic Labor Rights:

Daily Off-Hours:

The domestic labor shall be allowed to enjoy a daily rest for at least nine hours a day.

Weekly Rest:

The domestic labor may get one day off per week, based on the agreement of the parties in the contract.

Medical Care:

Medical Care shall be provided to the domestic labor in accordance with the rules and regulations enforced in the Kingdom.

Sick Leave:

The domestic labor shall be entitled for a paid sick leave not exceeding thirty days per year upon a medical report proving his/her need for the sick leave.

Upon Renewing the Contract:

The domestic labor is entitled for one month paid vacation upon completion of two years of service, and wanted renewal for a similar period.

End of Service Benefit:

The domestic labor shall be entitled for end of service award of one month pay, if he/she completed four consecutive years in the service of the employer.

Domestic Labor Obligations:

Work:

The domestic labor is obliged:

1- To perform the work agreed upon, serving the employer.

2- Not to reject work or quit service without a legitimate reason.

3- Not to work for his own account.

The Employer’s Orders:

The domestic labor is obliged to follow the orders of the employer and members of his family, related to the implementation of the agreed work.

Property of the Employer:

The domestic labor is obliged to maintain the property of the employer and his family members.

Safety of Members of the Employer’s Family:

The domestic labor is obliged not to harm any of the family members, including children and the elderly.

Privacy of the Employer and his Family Members:

The domestic labor is obliged:

1- To maintain the confidential information of the employer and his family members and people in the house, which come to his knowledge at work or because of it, and not to disclose it to third parties.

2- Not to harm the dignity of the employer and his family members, and not to interfere in their own affairs.

Religion of the Employer and his Family Members:

The domestic labor is obliged to respect the Islamic religion, and abide by the regulations enforced in the Kingdom, as well as the habits and traditions of the Saudi society, and not to engage in any activity that is detrimental to the family.

Penalties, Complaints & Disputes:

Fines:

The mentioned fines are deposited to a specific bank account to contribute in spending on sheltering female domestic labor & the deportation of both female & male domestic labor, in accordance with the mechanism approved by the Minister.

Penalty for Violation by the Employer:

Without disobedience to the penalties stipulated for by other regulations, the employer violating the provisions of the domestic labor regulation shall be subject to penalty as follows:

1- A fine not exceeding two thousand Riyals, or being prevented from recruiting for one year, or both.

2- If the violation is repeated, the employer will be punished by a fine of not less than two thousand riyals, and not exceeding five thousand riyals, or prohibited from recruiting for three years, or both.

3- If the violation is repeated for the third time, the relative committee may prevent the violator from recruitment.

4- The penalty shall multiply by multiplicity of violations proved against the employer.

Penalty for Violation by Domestic Labor:

Without disobedience to the penalties stipulated for in other regulations, the domestic labor shall be subject to penalty for violating the provisions of the domestic labor regulation as follows:

1. A fine not exceeding two thousand Riyals, or being prohibited from working in the kingdom, or both.

2. The penalty shall multiply by multiplicity of violations proved against the domestic labor.

The violating domestic labor shall bear costs of his repatriation to his country. If his financial entitlements are not enough to fulfill the fines imposed on him, he shall be repatriated to his country at the expense of his country.

Glossary:

Regulation:

The regulation of domestic labor.

Home:

The place where the family resides permanently or temporarily.

Family:

The Employer & the people who live with him in his house, & are related to him, or who takes care of them for any legal or moral reason.

Employer:

Employer is each person who recruits domestic labor by himself, or through a licensed recruitment office, or contracted, directly or indirectly, with him to perform domestic service.

Domestic Service:

The direct or indirect personal service performed by the domestic labor to the employer, or any member of his family against wage.

Domestic Labor:

The Domestic labor is a person who performs a domestic service directly or indirectly to the employer or any of his family members. During the performance of the service, the domestic labor is supervised by the employer. Domestic Labor include: female & male domestic workers, private drivers, gardeners, house guards and the like.

Wage:

The amount paid to domestic worker at the end of the month against the work agreed upon in the contract.

 

Complaints and Disputes

Complaints

Complaints Process

1- Fill out the form of filing a complaint.

2- Submit the Application at the nearest Committee.

3- Procedure:

General Provision:

- Either party may authorize anybody to attend on behalf of him under a legal power of attorney satisfying the legal requirements and to register the power of attorney in the case file.

- The litigant parties may review the case file before the date fixed for the lawsuit consideration before the Commission Secretariat and to obtain a copy of the submitted briefs and the documents.

- The litigant parties shall state all their claims and pleadings once.

- The plaintiff may assign the lawsuit or some claims of it. This assignment should be recorded in the hearing minutes and consequently the assigned claim will be considered null and void and will not be heard again.

- If the plaintiff has assigned his claim or if an amicable settlement has been made between the two parties, the Commission will render a decision on that.

- The disagreeing member shall write his disagreement reasons in the hearing minutes.

In of the case parties are absent:

- The Commission may write-off the lawsuit from its record.

- If the lawsuit is written off, the plaintiff shall have the right to file an new lawsuit on his claims stated in his first lawsuit for one time.

- The party notified of the lawsuit date shall be deemed absent if he fails to attend the hearing after the elapse of 30 minutes from the time fixed for considering the lawsuit.

- If the absent party comes during the hearing, he may attend the hearing by permission from the Chairman of the Commission.

- The Commission may consider the absence of one of the case parties or his silence when he is allowed the opportunity to reply a justification to respond to the claims of the other party.

- If the lawsuit is postponed for any reason, the Commission will fix a date for the next hearing, the litigant parties will be notified of it before they leave, they shall sign the form of notification for the next hearing and receive a copy thereof.

4- The Judgment.

Complaints And Disputes

 

Without disobedience to the requirements of other regulations, labor offices shall be the competent authority to receive complaints and control the violations committed by the domestic labor and the employer, and submit a claim against both or either of them to the committee:

1- By a decision of the Minister of Labor - in accordance with the jurisdiction of each labor office of the Ministry of Labor --- one or more committees consisting of (one chairman and two members), with one of them to be a legal adviser from the Ministry of Labor to study the financial claims arising between domestic labor & employers & the violation of the domestic labor regulation, that is not of a criminal nature, and apply the penalties mentioned in the regulation.

2- The Committee shall be guided with procedures contained in the legal proceedings regulation.

3- The Committee shall inform the claimed party, and shall consider the dispute in the presence of both parties or their representatives. The informed party shall be considered present, even if he was absent from the session.

4- The Committee shall endeavor to settle the dispute amicably between the parties within five working days, starting from the date of the claim submission to the Committee. If amicable settlement is not possible, the Committee shall consider the issue, and can decide in the same session or in a second session within ten working days, and issues its decision, and a minutes to be prepared and signed by the chairman and members of the committee.

5- The Committee shall issue its decision in the dispute unanimously or by majority vote, within a period not exceeding ten days from the date of application submission.

6- The Minister of Labor shall issue a decision explaining the committee procedures, the duration of membership, method of renewal, how to prepare minutes, and remuneration of its members.

7- The person against whom a decision is issued may challenge it before the labor court within ten days from the date of receipt, otherwise it shall be final and enforceable.

* The employer must attend himself - or assign a representative - before the Committee on the dates specified to consider the claim filed against him.