Saudi Arabia has announced a series of new regulations aimed at safeguarding the rights of domestic workers while improving the overall labour market in the kingdom.
These rules come as part of the nation's ongoing efforts to enhance the working conditions for domestic employees.
One of the key changes in the new regulations is setting the minimum age for domestic workers at 21 years, a move designed to protect the rights of younger individuals entering the workforce in Saudi Arabia.
Published in the kingdom's Official Gazette, Umm Al Qura, the updated regulations provide important guidelines for domestic worker contracts.
Notably, all dates in these contracts will now be calculated according to the Gregorian calendar unless otherwise specified in the contract. Any terms in contracts that contradict these rules will be considered invalid, unless they offer greater benefits to the worker.
Additionally, the regulations stipulate that the dues owed to the worker or their heirs are considered first-degree debts, prioritizing the worker's financial rights.
The contracts between employers and workers must adhere to a template established by the Saudi Ministry of Human Resources, with the Arabic version serving as the authoritative text, translated into the official language understood by the worker in their home country.
Key elements to be included in the contracts consist of a job description for the worker, details such as names, nationalities, residences, and contact information for both parties, and the employer's official address, contract signing dates, and validity periods.
Furthermore, the contracts must specify the worker's wages, payment methods, and outline the rights and responsibilities of both parties.
A probation period, not exceeding 90 days, is also required. The contracts should define daily working hours, weekly holidays, overtime policies, contract duration, renewal procedures, termination clauses, and insurance provisions.
Under these new rules, both the employer and the worker have the right to terminate the employment contract individually during the probation period.
It is prohibited for the same employer to subject the same worker to probation more than once unless both parties agree to employ the worker in a different domestic labour role.
The regulations have set the daily working hours for domestic workers at 10 hours, with the employee entitled to a paid 24-hour consecutive weekly rest.
The employer is responsible for covering various fees related to recruitment, job changes, service transfers, residency permits, work licences, and any relevant fines.
Crucially, employers are prohibited from retaining the passports, personal documents, or belongings of domestic workers.
They are also obligated to ensure the worker's physical and emotional well-being, refraining from any form of abuse or discrimination based on colour, gender, or ethnicity.
Furthermore, employers must permit domestic workers to maintain communication with their families, embassies, human resources agencies, and relevant authorities. Adequate housing and food, or allowances to cover these expenses, must be provided by the employer for the domestic worker.
On the part of the domestic worker, responsibilities include fulfilling the agreed-upon job tasks, safeguarding the employer's belongings, refraining from physical or verbal assault against the employer or their family members, and maintaining confidentiality regarding the employer's private matters.
Additionally, domestic workers are prohibited from engaging in self-employment or working for other employers during the contract duration. They must also adhere to Islamic principles and observe the laws and societal traditions of Saudi Arabia.
These new regulations mark a significant step forward in ensuring the welfare and rights of domestic workers in Saudi Arabia while creating a more transparent and balanced labour market for both employees and employers in the kingdom.
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Minimum Age Requirement: Saudi Arabia has introduced a minimum age requirement of 21 years for domestic workers to protect their rights.
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Official Gazette Publication: The new regulations have been published in the kingdom's Official Gazette, Umm Al Qura.
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Gregorian Calendar Dates: Dates in domestic worker contracts will be based on the Gregorian calendar by default, unless otherwise specified.
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Priority for Worker's Dues: Any dues owed to the worker or their heirs are considered first-degree debts, prioritizing the worker's financial rights.
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Standardized Contracts: Contracts between employers and workers must adhere to a template provided by the Saudi Ministry of Human Resources.
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Key Contract Elements: Contracts should include job descriptions, personal details of both parties, wages, payment methods, rights and responsibilities, probation periods, working hours, holidays, renewal procedures, termination clauses, and insurance terms.
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Probation Period: During the probation period, both employers and workers have the right to individually terminate the employment contract.
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Weekly Rest: Workers are entitled to a 24-hour consecutive weekly rest, with daily working hours set at 10 hours.
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Employer's Responsibilities: Employers must cover various fees, provide suitable housing and food, and refrain from retaining passports or personal documents of domestic workers.
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Worker's Responsibilities: Workers are expected to perform their job duties, protect the employer's belongings, and maintain confidentiality. They must not engage in self-employment or work for others during the contract.
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Respect for Islamic Principles: Domestic workers are required to respect Islamic principles and adhere to Saudi Arabia's laws and societal traditions.
