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Regulations of Domestic Workers and Those of Similar Status 1434H

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date_gregorian=2013-08-30 date_hijri=1434-09-07 document_type=regulation entity=document_number:310 entity=keyword:عامل entity=keyword:صاحب العمل entity=keyword:الأسرة entity=keyword:الخدمة المنزلية entity=keyword:الأجر entity=keyword:المنزل entity=keyword:مكاتب العمل entity=keyword:حقوق العمل entity=keyword:حقوق العمال entity=agency:المؤسسة العامة للتأمينات الاجتماعية entity=agency:وزارة الموارد البشرية والتنمية الاجتماعية entity=summary:تضمنت اللائحة : التعريفات, لا يجوز تكليف العامل بعمل غير المتفق عليه في العقد, تنظيم العلاقة بين العامل وصاحب العمل بعقد مكتوب, الفترة التجريبية لعامل الخدمة المنزلية, التزامات عامل الخدمة المنزلية, التزامات صاحب العمل, يوم الراحة الأسبوعية للعامل, حالات الحسم من أجر العامل المنزلي, إجازة شهر مدفوعة الأجر, إجازة مرضية مدفوعة الأجر لا تزيد مدتها عن ثلاثين يوماً, تقدم الرعاية الصحية لعامل الخدمة المنزلية, عند ترك عامل الخدمة المنزلية العمل على صاحب العمل إبلاغ أقرب مركز شرطة, ينتهي العقد بوفاة العامل, حالات تحمل صاحب العمل قيمة التذكرة لإعادة عامل الخدمة المنزلية إلى بلده, يستحق العامل مكافأة نهاية خدمة مقدارها شهر إذا أمضى أربع سنوات متتالية, العقوبات والغرامات, اختصاص مكاتب العمل, النشر والنفاذ. entity=language:ar language=en taxonomy_l1=labor_social taxonomy_l2=domestic_workers taxonomy_l3=domestic_worker_rights validity=no-valid validity_confidence=1.0
Regulations of Domestic Workers and Those of Similar Status
Ministerial Resolution No. 310
July 15, 2013

Translation of Saudi Laws
NOTE:
The
translation of Saudi laws takes the following into consideration:
•
Words used in the singular form include the plural and vice versa.
•
Words used in the masculine form include the feminine.
•
Words used in the present tense include the present as well as the future.
•
The word "person" or" person" and their related pronouns
(he, his, him, they, their, them) refer to a natural and legal person.

Regulations of Domestic Workers and Those of Similar Status
Article 1
In
these Regulations, the following terms shall have the meanings assigned
thereto, unless the context requires otherwise:
●
Regulations: Regulations of Domestic Workers and Those of Similar Status.
●
Minister: Minister of Labor.
●
Home: The place where the family resides, permanently or temporarily.
●
Employer: Any natural person who recruits a domestic worker by himself, or
through a licensed recruitment office, or contracts therewith – directly or
indirectly – to perform domestic service.
●
Family: The employer and persons residing therewith who are related to him
through kinship or marriage, or are under his care for legal or moral reasons.
●
Domestic service: Direct or indirect personal service performed by a domestic
worker for the benefit of the employer or any member of his family in return
for a wage.
●
Domestic worker: Any natural person performing direct or indirect domestic
service for the benefit of the employer or any member of his family, and who is
under the supervision of the employer or anyone acting on his behalf, such as
housemaids, servants, private drivers, gardeners, house guards, and the like.
The term domestic worker under these Regulations shall refer to domestic
workers and other workers of similar status.
●
Wage: The payment received by the domestic worker at the end of the month for
the work agreed upon in the contract.
●
Committee: The committee provided for in these Regulations which decides upon
disputes arising from the application of the Regulations.
●
Parties: The employer and the domestic worker.

Article 2
The
employer may not assign the domestic worker to perform work that is not
stipulated in the contract or to work for a third party.

Article 3
1.
The work relationship between the domestic worker and the employer shall be
subject to a written contract and the Arabic text shall be the governing text.
2.
The contract and its translation – if any – shall be drafted in three copies,
one for each of the contracting parties and the third copy shall be deposited
with the private recruitment office.

Article 4
In
addition to other conditions agreed upon by the parties, and without prejudice
to the provisions of these Regulations, the contract must specify the
following:
1.
The type of work the domestic worker is to perform.
2.
The wage the employer is obligated to pay to the domestic worker.
3.
The rights and obligations of both parties.
4.
The probation period.
5.
The contract term and extension thereof.

Article 5
1.
The parties may agree to place the domestic worker under probation for a period
not exceeding 90 days, during which the employer may ascertain the competency
and integrity of the domestic worker.
2.
The employer may unilaterally terminate the contract during the probation
period without any liability if the domestic worker is proven incompetent.
3.
The domestic worker may not be placed under probation more than once by the
same employer, unless the parties agree that the domestic worker is to perform
a different type of work.
Article 6
The
domestic worker shall:
1.
perform the agreed upon work with due diligence;
2.
follow the instructions of the employer and his family members with regard to
the performance of the agreed upon work;
3.
protect the property of the employer and his family members;
4.
not harm family members, including children and the elderly;
5.
observe the privacy of the employer, his family members, and other persons
residing therewith, and not disclose any information he is privy to in the
course of performing his work;
6.
not refuse to work or abandon work without a legitimate reason;
7.
not work for his own benefit;
8.
not infringe on the integrity and honor of the employer and his family members,
and not interfere in their affairs; and
9.
respect the religion of Islam and the customs and traditions of the Saudi
society, observe the laws in force in the Kingdom, and not engage in any
activity harmful to the family.

Article 7
The
employer shall:
1.
not assign the domestic worker to do work other than the work agreed upon,
unless necessary, provided that the work assigned to him is not materially
different from his original work;
2.
not assign the domestic worker any work that is harmful to his health, safety,
or integrity;
3.
pay the domestic worker the wage agreed upon at the end of each Hijri month,
unless the parties agree otherwise in writing;
4.
pay the wage and due amounts in cash or by check, and document the same in
writing, unless the domestic worker wishes to transfer them to a specific bank
account;
5.
provide the domestic worker with appropriate accommodation;
6.
allow the domestic worker a resting period of at least nine hours per day;
7.
appear personally – or by proxy – before the committee on the dates specified
by the committee to consider claims filed against him; and
8.
not rent the services of the domestic worker or allow him to work for his own
benefit.

Article 8
The
domestic worker may have a weekly rest day as agreed upon by the parties.

Article 9
It
is not permissible to deduct from the wage of the domestic worker except in the
following cases, without exceeding half the wage:
1.
Costs of the damage deliberately or negligently caused by the domestic worker.
2.
Repayment of a loan obtained from the employer.
3.
Execution of a court judgment or an administrative decision issued against him,
unless the court judgment or the administrative decision provide that the
deduction exceeds half the wage.

Article 10
The
domestic worker shall be entitled to a one month paid vacation if he spends two
years and wishes to renew for a similar period.

Article 11
The
domestic worker shall be entitled to a paid sick leave for a period not
exceeding 30 days per year subject to a medical report establishing his need for
such leave.
Article 12
Health
care shall be provided to the domestic worker according to the laws and
instructions in force in the Kingdom.

Article 13
If
the domestic worker abandons work, the employer shall notify the police station
nearest to his place of residence, and the police station shall:
1.
report the case to the General Directorate of Passports to take necessary
action.
2.
report the case to the Labor Office to verify that the worker does not have any
claim against the employer, or vice versa. If a claim exists, the Labor Office
shall inform the General Directorate of Passports of the same.
3.
provide the person filing the report with a copy of the abandonment
notification.

Article 14
The
contract shall terminate upon the death of the employer or the domestic worker.
If the employer's family wishes for the domestic worker to continue his
service, it shall file a request with the Labor Office to change the name of
the employer.

Article 15
If
the contract expires, or is unlawfully terminated by the employer, or lawfully
terminated by the domestic worker, the employer shall pay for the repatriation
of the domestic worker.
Article 16
The
domestic worker shall be entitled to an end-of-service pay, equal to a
one-month wage, if he spends four consecutive years in the service of the
employer.

Article 17
Without
prejudice to the penalties provided for in other laws, any employer violating
the provisions of these Regulations shall be subject to the following:
1.
A fine not exceeding 2,000 riyals, or barring him from recruiting from abroad
for one year, or both penalties.
2.
In case of a repeated violation, he shall be punished by a fine of not less
than 2,000 riyals and not more than 5,000 riyals, or barring him from
recruiting from abroad for three years, or both penalties.
3.
If the violation is repeated for a third time, the Committee may permanently
bar him from recruiting from abroad.
4.
In case of multiple violations, a penalty shall be imposed for each violation
committed by the employer.

Article 18
Without
prejudice to the penalties provided for in other laws, any domestic worker
violating the provisions of these Regulations shall be subject to the
following:
1.
A fine not exceeding 2,000 riyals, or permanently barring him from working in
the Kingdom, or both penalties.
2.
In case of multiple violations, a fine shall be imposed for each violation
committed by the domestic worker.
The
violating domestic worker shall incur the costs of his repatriation. If his
financial dues are insufficient to cover his fines, he shall be deported at the
expense of the State if the proceeds realized from the application of Article
19 of these Regulations are insufficient.

Article 19
The
fines stipulated in these Regulations shall be deposited in a bank account to
pay for the accommodation and deportation of female domestic workers as well as
the deportation of male domestic workers, in a manner approved by the Minister.

Article 20
Without
prejudice to the provisions of other laws, labor offices shall receive
complaints, record violations committed by domestic workers or employers, and
file cases against either or both with the Committee.

Article 21
1.
Pursuant to a decision by the Minister, and in accordance with the territorial
jurisdiction of each labor office, a committee or more shall be formed of a
chairman and two members, one of whom shall be a legal counselor from the
Ministry of Labor, to consider and decide financial claims arising between
domestic workers and their employers as well as non-criminal violations of
these Regulations, in addition to applying the penalties provided for in these
Regulations.
2.
The Committee shall refer to the procedures provided for in the Law of
Procedure before Sharia Courts.
3.
The Committee shall notify the claimant and consider the dispute in the
presence of the parties or their proxies. A notified party shall be deemed
present even if he does not attend the hearings.
4.
The Committee shall attempt to amicably settle the dispute between the parties
within five working days, commencing from the date of filing the claim with the
Committee. If an amicable settlement cannot be reached, the Committee shall
consider the case and may decide on it at the same hearing, or at a second
hearing within 10 working days. Minutes of Committee meetings shall be signed
by its Chairman and members.
5.
The Committee shall render its decision on the dispute unanimously or by
majority vote, within a period not exceeding 10 days from the date of filing
the claim.
6.
The Minister shall issue a decision setting Committee procedures, membership
term and renewal, preparation of minutes, and remunerations.
7.
A decision rendered by the Committee may be appealed before the Labor Court
within 10 days from the date of its receipt; otherwise it shall be deemed final
and enforceable.

Article 22
The
Minister shall issue the decisions necessary for the implementation of these
Regulations, which shall be effective from the date these Regulations enter
into force.

Article 23
These
Regulations shall enter into force 60 days after the date of their publication
in the Official Gazette.