Employer rights and duties
Rights and duties of employers according to the regulations of domestic workers of the Ministry of Human Resources and Social Development
See the rights and duties of the employer
Employer Definition
An employer is any natural person who has recruited a domestic worker himself, or through a licensed recruitment office, or has contracted with him directly or indirectly to perform a domestic service. Domestic service includes direct or indirect personal service performed by a domestic worker for the employer or any member of his family in return for a wage.
Employer rights
Domestic Worker Probation
The two parties may agree to put the domestic worker on probation for a period not exceeding (ninety) days, during which the employer may verify the professional competence of the domestic worker and the integrity of his personal conduct. In addition, the domestic worker may not be put on probation more than once with the same employer, unless the two parties agree that the domestic worker will work in a job different from his first job.
Contracting
The work relationship between the domestic worker and the employer shall be regulated by a written contract, and the Arabic text of the contract shall be relied upon as evidence. The contract and its translation – if any – shall be drawn up in three copies, each party shall keep a copy and the third shall be deposited with the private recruitment office.
The employer shall sign the contract with the domestic worker, clearly specifying the following essential elements:
- The type of work that the domestic worker is obligated to perform.
- The wage that the employer is obligated to pay to the domestic worker.
- The rights and duties of both parties.
- The probation period.
- The duration of the contract and how to extend it.
Termination of the contract during the probation period without any liability on him
The employer may terminate the contract at his sole will during the probation period without any liability on him, if the domestic worker is proven to be incompetent.
When the contract ends or is terminated for an unlawful reason
If the contract ends, or the termination is by the employer for an unlawful reason, or by the domestic worker for a legitimate reason, the employer must bear the cost of the travel ticket to return the domestic worker to his country.
When the contract ends with the death of one of the parties
The contract ends with the death of the employer or the domestic worker, and if the employer’s family wishes the domestic worker to continue to stay, they must contact the labor office to correct the employer’s name.
When the domestic worker is absent
When the domestic worker leaves work, the employer must notify the nearest police station to his home, and the notifying police station must do the following:
- Inform the Passport Department of the worker’s leaving work to take the necessary measures
- Inform the labor office of this to ensure that the domestic worker does not have a claim against the employer, or that the employer has a claim against the worker, and when there is a claim, the labor office must notify the Passport Department of this.
- Provide the informant with a copy of the notice of leaving work.
Employer Duties
Agreed Work
The employer is obligated to:
- Not assign the domestic worker to work other than that agreed upon in the contract, or to work for others, except in cases of necessity, provided that the work assigned to him does not differ substantially from his original work.
- Not assign the domestic worker to perform any dangerous work that threatens his health, or the safety of his body, or affects his human dignity.
- Not hire the domestic worker’s service, or allow him to work for his own account.
Agreed wage
The employer is obligated to:
- Pay the agreed wage at the end of each Hijri month to the domestic worker, unless the two parties agree otherwise in writing.
- Pay the wage and its dues in cash or by check, and document this in writing, unless the worker wishes to transfer it to a specific bank account.
Deduction from the wage
Deduction from the wage of the domestic worker may only be made in the following cases and not exceeding half the wage:
- Costs of what he intentionally or negligently destroyed.
- An advance received from the employer
- Enforcement of a judicial ruling or an administrative decision issued against him, unless the judicial ruling or administrative decision stipulates that the deduction exceeds half the wage.
Domestic worker housing
The employer is obligated to provide suitable housing for the domestic worker.
Violations and penalties for the employer
Without prejudice to the penalties stipulated in other regulations, an employer who violates the provisions of this regulation shall be punished as follows:
- A fine not exceeding two thousand riyals, or a ban on recruitment for a period of one year, or both.
- If the violation is repeated, he shall be punished with a fine not less than two thousand riyals and not more than five thousand riyals, or a ban on recruitment for a period of three years, or both.
- If the violation is repeated for the third time, the committee may permanently ban the violator from recruitment.
- The penalty shall be multiplied by the number of violations proven against the employer.
