The Ministry of Labor has begun to lay the groundwork for setting up a special committee to look into disputes between employers and domestic workers.
The ministry is currently undertaking a law that prohibits Saudi citizens from allowing their domestic workers to work for third parties and forbidding domestic employees from working independently.
The new set of regulations will allow employers to terminate the working contract with domestic workers during the three-month trial period without the second party’s consent if the latter proved incompetent at the tasks assigned. In addition, employers are not allowed to extend the trial period beyond the stipulated three months unless the employee is assigned another task.
Labor Minister Adel Faqih will soon issue a statement that clarifies the working procedures of the committee, the duration of membership and renewal mechanisms, as well as the possibility of giving committee members the power to issue resolutions for the implementation of domestic recruitment regulations, the source said.
Work will be regulated between the employer and the employee according to a written contract, which would be a point of reference in case a conflict between the two parties emerges. The contract will be drafted in three copies, one of which is for the employer, a copy for the employee and another for the recruitment office.
The new regulations will also grant domestic workers the right to transfer their salaries to a bank account and to receive an end-of-service financial reward, which has been set as one month for every four consecutive years of service with the same employer.
In addition, according to new guidelines outlined by the Ministry of Labor, employers are allowed to deduct half the employees’ salary in certain cases, such as in instances of negligence or if an administrational decision or judicial ruling has been issued against the domestic aide, and also if an advance on his/her salary is given.
The ministry has also outlined procedures for absconding employees, whereby employers are requested to notify the nearest police station with such instances.
The police will notify the Passport Department, which will, in turn, notify the recruitment office to make sure there are no other complaints against any of the parties.
The employer will bear travel expenses of the domestic aide returning to his/her country of origin, either when the contract is terminated or if the contract is dissolved by either of the two parties.
Labor offices are set to receive complaints and address violations committed by domestic labor or employers. These offices will file the suits to labor committees comprised of two members, one of whom is a legal adviser from the ministry commissioned to look into financial claims and non-criminal violations.
An amicable settlement of the dispute will be sought within five days of the filed suit. If the case is not settled, the labor committee is charged with looking into the issue and making a ruling within 10 days.
The committee’s decisions are to be issued within 10 days from the date of application. Those who are affected by the decision can file complaints within 10 days of receiving the verdict, otherwise the decision will be enforced.
The labor minister announced that the new regulations have been approved by the Council of Ministers and include a binding ruling that prohibits employers from assigning their domestic aide jobs that are dangerous, humiliating or not listed on the contract.
Furthermore, employers are obliged to pay their employees their salaries according to the contract agreement at the end of each month without delay and to document its delivery in writing.
Judicial committee investigates domestic worker disputes
