Rights and duties of the employer

  • Employer Identification

    The employer is who recruit domestic labor by himself, or by licensed office to bring in, or sign him accidentally, directly or indirectly for a domestic service, and include domestic service direct personal service or indirect performed by domestic labors to the employer or any member of his/her family members for a fee.

  • The rights of the employer

    Probation period for the domestic labor

    The parties may agree to place the domestic labor on probation for a period not exceeding (ninety) days, during which the employer shall ensure the professional competence of the domestic labor and his proper personal conduct. It is not permissible to put the domestic labor on probation for more than once with the same employer, unless the parties agree that the domestic labor shall work in a different profession.

    Contracting

    The work relationship between the domestic labor and the employer shall be regulated by a written contract. The Arabic text shall be the prevailing version. The contract and its translation - if any – shall be issued in three copies, with each party retaining a copy and the third one shall be deposited with the Private Recruitment Office. There should be a clear identification of the following main factors: 
    The employer signed the contract with the domestic service worker identified with the following core elements clearly:

    • Work which is committed to domestic service worker his performance type.
    • Wage Employer shall pay to the domestic service worker
    • The rights and duties of both parties
    • Duration of the probation period
    • Duration of the contract and how to extend it

    Terminate the contract during the probation period without any responsibility for it

    The employer may terminate the contract upon his own will during the probation period without any responsibility on him, if the domestic labor is proved to be unfit. 

    Upon the expiration or termination of the contract for an illegal reason 

    If the contract expired, or was cancelled by the employer for an illegitimate reason, or by the domestic labor for a legitimate reason, the employer shall bear the value of the ticket for repatriation of the domestic labor to his/her country. 

    Upon contract termination for the death of either party  

    The Contract shall expire by the death of the employer or the domestic labor. If the employer's family is willing to keep the domestic labor, they will have to check with the labor office to correct the name of the employer 

    Upon the absent of the domestic labor 

    When the domestic labor quits his/her work, the employer shall go to the nearest police station and do the following:
    •    Inform the Immigration Department about the absent of the worker to work for necessary action
    •    Inform the labor office to ensure that the domestic labor has no claim against the employer or vice versa. If there is a claim, then the labor office has to inform the passports department accordingly
    •    Provide the employer with a copy of the work absence notification form

  • Duties of the employer towards the domestic labor 

    The work agreed upon

    The employer is obliged:
    Not to assign the domestic labor with work not agreed upon in the contract, or work for others, except in cases of necessity, ensuring the work is not substantially different from his/her original work.
    Not to assign the domestic labor any risky work to health or safety of his/her body, or negatively affects his/her dignity.
    Not to sublet the domestic labor, or allow him/her to work for his/her own account.

    The wage agreed upon

    The employer is obliged:

    •  To pay the agreed wage at the end of each Hijri month, unless the parties agree -otherwise- in writing.

    •  To pay the wage and entitlements in cash or by check, and document it in writing, unless the labor wants to transfer the wage to a specific bank account

    Deduction from the wage

    The wage of the domestic labor may not be deducted except in the following cases and not with more than half the wage:
    •    Costs of what he/she intentionally or negligently damaged. 
    •    A down payment he/she obtained from the employer
    •    Implementation of a court judgment or an administrative decision issued against him/her, unless it has been stipulated in the court judgment or the administrative decision that the deduction exceeds half the wage.

    Domestic labor housing

    The employer is obliged to provide a suitable housing for the domestic labor.

  • Penalty for violation by the employer  

    Without disobedience to the penalties stipulated for by other regulations, the employer violating the provisions of the domestic labor regulation shall be subject to penalty as follows:

    •  A fine not exceeding two thousand Riyals, or being prevented from recruiting for one year, or both.

    •  If the violation is repeated, the employer will be punished by a fine of not less than two thousand riyals, and not exceeding five thousand riyals, or prohibited from recruiting for three years, or both.

    •  If the violation is repeated for the third time, the relative committee may prevent the violator from recruitment.

    •  The penalty shall multiply by multiplicity of violations proved against the employer.