In the next few days, the Shoura Council is set to discuss the first ever law in the Kingdom defining the relationship between employers and housemaids, family drivers and gardeners. The Experts Commission of the Council of Ministers has revised the law and referred it to the Shoura Council in preparation for its approval by King Abdullah, Custodian of the Two Holy Mosques. The law, which precisely defines the rights and obligations of employers and the three groups of workers, consists of 23 clauses defining the nature of the jobs done by the workers and the relationship linking them to the employer and his family. The legislation, which is in implementation of the 7th Article of the 2005 Labor Law, forbids the employer from assigning the worker to any job other than the one stated in the contract and also prevents him from hiring out their services to others. It also stipulates that the nature of the job for which the worker is hired must be mentioned in the contract as well as the salary. It also fixes the trial period at three months (90 days). During the trial period, the worker should demonstrate that he is obedient, honest, does not cause harm to any of the members of the family and that he shows respect for Islam. Regarding the employer, the law makes it mandatory for the employer to guarantee the workers' safety besides refraining from any action or attitude that may humiliate or dehumanize them. Under the new law, the employer should pay the workers' wages at the end of every Hijira (lunar calendar) month in cash or by check. Apart from this, the new legislation makes it obligatory for the employer to provide workers with adequate accommodation besides giving them, especially housemaids, a break to rest and perform prayers during the day. However, the proposed law stipulates that housemaids should not be required to work from 10 P.M. to 5 A.M. unless the work cannot be delayed, and that they should have a day off every week, according to the terms of the contract. Clause 10 in the law prevents the employer from deducting any sum of money from the worker's salary unless he damages any of the family's possessions intentionally or negligently. In all cases, the deduction should not exceed half of the worker's salary on condition that the deduction decision is issued by a judiciary or administrative court. Clause 11 stipulates that a worker is legible for a one-month paid holiday every two years and that his contract can be renewed for a similar period with his agreement, while Clause 12 states that workers are eligible for one-month paid sick leave every year based upon a medical report. Clause 13 says that in case the worker runs away, the employer should report him to the police and the Passports Department. In such a case, the security and Passports Department authorities should ascertain that the worker has not filed a lawsuit against his employer at the Labor Office. The new law also terminates the contract in case of the death of either party. Upon the death of the employer, if the family still desires the services of the worker, the new employer should approach the Labor Office for processing a new contract with the name of the new sponsor in order to protect the worker's rights. If the employer terminates the worker's contract for illegitimate reasons or the worker terminates his contract for a legal reason, in both cases, the employer should provide an air ticket to the worker enabling him to return home. Clause 14 stipulates that the worker is eligible for end-of-service benefits, with his employer being required to pay one month's salary for every four years of service. The proposed legislation stipulates that in case the employer breaches the contract, he will be fined SR1,000. The fine will be doubled in case of a second violation and the employer will be prevented from recruiting help for three years. In the case of a third violation, the employer will be deprived of any further possibility of recruitment. On the other hand, workers who violate the regulations will be fined SR1,000 for the first violation which will be doubled for the second. Any further violation will result in the worker being deported and prevented from returning to the Kingdom. In such a case, the worker will be deported at his own expense. If he is completely without funds, he will be deported at the government's expenses. Clause 19 stipulates the collection of fines to be deposited in a bank to cover the expense of the houses in which female workers waiting for deportation are kept. Clause 20 states that labor offices are the parties authorized to resolve disputes between employees and employers while both parties have the right to appeal the labor courts' decisions to the Minister of Labor within 10 days from the issuing of the decision, otherwise the decision will be binding and irrevocable for all parties.
