In light of the social and economic developments taking place in the Kingdom of Saudi Arabia, the rights of domestic workers have become a major focus that needs to be emphasized and activated, as providing a safe and healthy work environment, and ensuring the well-being and support of this category of workers, is not only a moral obligation but also a legal duty that benefits the entire society.
Domestic worker rights
The Kingdom’s laws guarantee specific working hours and paid annual leave, along with the provision of health care and end-of-service compensation, with an emphasis on effective communication and respect for traditions to ensure a fair environment. Below we explain in some detail the most prominent rights of a domestic worker:
1- Reasonable working hours and rest days
The regulations in the Kingdom clearly specify the working hours for domestic workers in the regulations they legislateMinistry of Human ResourcesAs follows:
- The domestic worker is not allowed to actually work for more than 10 hours.
- Working hours and rest periods during the day are regulated so 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.
This organization ensures balance between work and personal life, works to protect them from exhaustion and exploitation, and guarantees the rights of the domestic worker.
2- Paid annual leave and health care
One of the rights of a domestic worker in Saudi Arabia is to obtain leave, as Article 12 of the leave regulations stipulates the following:
- If the domestic worker’s service is for two years and both parties to the relationship wish to renew the domestic work contract, the domestic worker is entitled to a thirty-day vacation. If the domestic worker does not enjoy his vacation, he is entitled to cash compensation for it upon the end of the contractual relationship.
- Every time a domestic worker spends two years working for a domestic employer, he is entitled to a travel ticket to his original country or place of residence, back and forth, to spend the entire vacation he is entitled to, or what remains of it when he enjoys it, unless the travel is permanent, in which case he is entitled to a return ticket only to his country of origin, and if he enjoys the vacation in Saudi Arabia, he is not entitled to a travel ticket or cash compensation for it.
3- The role of laws and regulations
The aim of these laws and regulations is not only to protect the rights of the domestic worker but also to promote a positive work environment of mutual respect between workers and employers.
The Kingdom is committed to strictly implementing these regulations to ensure fair and humane treatment of domestic workers, which reflects its commitment to social justice and the protection of human rights, especially the rights of domestic workers.
4- End of service reward
The employer pays a financial reward of one month’s wages to the worker if he spends four years or more at work, in appreciation and gratitude to the worker.
5- Respect cultural customs and traditions
Mutual respect for workers’ cultural customs and traditions is the first step in building a sound professional and human relationship.
Understanding and appreciating the cultural background of domestic workers contributes to enhancing communication and mutual understanding, and gives workers a sense of belonging and appreciation.
6- Effective communication
Communication is the bridge of understanding between workers and employers, which must be clear, direct, and characterized by mutual respect.
Homeowners encouraging the worker to engage in open dialogue and active listening helps resolve disagreements constructively and enhances feelings of trust and security.
7- Providing incentives and rewards
Appreciation is an essential factor that contributes to raising worker morale and increasing their productivity.
This includes providing incentives and rewards, whether material or moral, that reflects employers’ appreciation for workers’ efforts and encourages them to continue giving their best.
Domestic worker duties
The duties of the domestic worker are to make an effort to master the work and adhere to family orders, with the necessity of preserving the secrets and property of the home, and respecting the laws, legal controls, and religious beliefs in the Kingdom. Below we explain in some detail the most prominent of these duties:
- That the worker exerts his effort in his work and performs it to the fullest extent.
- The worker is obligated to follow the orders of the employer and his family without violating their orders.
- Preserving everything that belongs to the employer and not overusing the available things.
- Not to disclose the secrets of the house in which he works and his family’s secrets under any circumstances.
- Do not assault family members or harm any of them.
- The domestic worker must respect religions, fully respect the official Islamic religion in the Kingdom, and not do anything that harms his dignity.
- Commitment to the agreed upon terms of the contract.
- Compliance with Sharia laws and controls.
Violations and penalties for the domestic worker
When a domestic worker violates the regulations and laws established in the Saudi system, the following penalties must be imposed on him:
- Prohibition from working in the Kingdom.
- A fine of no more than 2,000 Saudi riyals, or a fine and a ban on working in the Kingdom completely.
- The more violations there are, the more fines will be imposed on the domestic worker.
In the event of termination of the contract for an illegal reason
If the contract is terminated for an illegal reason, or the contract is terminated by the worker for a legitimate reason, the employer is obligated to bear the cost of the travel ticket for the worker to return to his country. No one can infringe on the rights of the domestic worker.
The rights of the domestic worker in the event of death
If the contract is terminated due to the death of one of the parties, the worker or the employer, then if the employer’s family wants the worker’s place to remain as it is, they can contact the recruitment office to send a worker in her place, while committing to a partial change in the contract.
How much is the end of service bonus for domestic workers?
The domestic worker is entitled to a bonus at the end of service, which is equivalent to one month’s wages for work, and this is considered when four consecutive years of service have passed.
Is the worker entitled to vacation pay?
Every domestic servant is entitled to a three-week paid annual leave for every year he spends. It can also be divided and the appropriate time and place to spend it can be chosen, unless something else is agreed upon that does not infringe on the interest of the employer.
How many hours does the worker work?
The maximum number of working hours for a domestic worker is between 8 and 10 hours and no more, as the householder is obligated to give the worker enough rest time to carry out his work the next day without fatigue, thus guaranteeing the domestic worker’s rights to rest.
When are end-of-service benefits received?
Upon termination of service, the employer must give the worker all his dues and wages within a week of the end of work.
If the worker is the one who completed the work, the homeowner is obligated to give the worker his rights within two weeks from the date of the contract’s expiration.
Does the domestic worker have the right to leave the house?
First, the employer must do…Issuing a visaThe final exit of this domestic worker at the end of the contract, when the worker has no desire to renew the contract.
Is a private driver considered a domestic worker?
Yes, as the term domestic worker refers to anyone who provides a service that he performs, directly or indirectly, to the homeowner and who is under the supervision, direction, and care of the employer. Thus, the private driver is a domestic worker.
What should I do if the worker refuses to work?
If the domestic worker abstains from work, the employer is obligated to secure her return to her country. If this happens after the end of the probation period (three months), the case is referred to the Domestic Worker Disputes Resolution Committees at the Ministry of Human Resources to take appropriate legal measures.
If there is an insurance policy on the contract, the employer has the right to request compensation from the insurance company when the worker abstains from work or is absent after the end of the trial period, in accordance with the terms and conditions stipulated in the policy, including compensation for recruitment fees.
What are the entities responsible for protecting the rights of domestic workers in Saudi Arabia?
The Saudi Ministry of Human Resources and Social Development is considered the most important ministry and the first body that protects the rights of the domestic worker. It also implements the law and regulations that guarantee the rights of the domestic worker, embassies, centers for the protection and support of expatriate workers, the media, and charities.
What are the legal consequences if a domestic worker’s rights are violated?
- Termination of the employment contract between the worker and the employer.
- Legal accountability, where the worker files a complaint with the government when his rights are violated, which leads to legal consequences.
- The fine is compensation for any physical or psychological harm.
Domestic workers are one of the most important elements in Saudi society. Due to the tremendous developments that have occurred, they are considered an important part of the country’s economy. Therefore, employers must respect the rights and duties of workers and provide them with an appropriate environment.
