In a strategic move aimed at improving the work environment and safeguarding the rights of all parties, the Ministry of Human Resources and Social Development in the Kingdom of Saudi Arabia has released a draft amendment to the new Domestic Workers Regulations through the “Istilaa” platform. This platform will remain open for public comment for thirty days and aims to precisely regulate the contractual relationship by setting working hours at ten hours per day and establishing an end-of-service bonus, reflecting the Kingdom’s commitment to developing its labor legislation in accordance with international standards.
Historical context and development of labor legislation in the Kingdom
These amendments are part of a series of structural reforms underway in the Saudi labor market, in line with the objectives of Saudi Vision 2030. In recent years, the Kingdom has worked diligently to improve the work environment through various initiatives, such as the Wage Protection System and the Contractual Relationship Improvement Initiative. Today, these reforms extend to the domestic worker sector, a vital sector affecting a wide segment of Saudi families and residents. The Ministry based these amendments on Article 7 of the Labor Law and on rigorous benchmarking, including comparisons with the Gulf Cooperation Council countries, the United Kingdom, Singapore, and the European Union, to ensure the adoption of global best practices in human resource management.
Key provisions of the new domestic worker regulations: Age and working hours
The draft regulations reveal decisive measures prohibiting the employment of anyone under 21 years of age, a step aimed at ensuring the maturity of migrant workers and reducing accidents and misunderstandings. The regulations also categorically prohibit employers from retaining workers' passports, identification documents, or personal belongings, thus enhancing worker freedom and dignity. The draft stipulates that actual working hours should not exceed 10 hours per day, with employers obligated to pay overtime for any hours worked beyond what is stipulated in the contract between the two parties.
Weekly rest, end-of-service bonus, and vacations
To ensure the physical and mental well-being of workers, the proposed regulations stipulate the right to a weekly paid rest period of at least 24 consecutive hours, in addition to a daily rest period of at least 8 consecutive hours. Regarding accumulated financial entitlements, the regulations state that domestic workers are entitled to an end-of-service bonus equivalent to one month's salary for every four consecutive years of service. Furthermore, workers are entitled to a round-trip airfare ticket and 30 days of paid leave every two years. The document also adds the right to up to 30 days of sick leave, based on an approved medical report, divided into 15 days at full pay and 15 days at half pay, with the employer obligated to provide the necessary healthcare.
Trial period and responsibilities of recruitment agencies
To guarantee the employer's rights and protect them from any negligence, Article Fourteen stipulates a 90-day probationary period for the worker. During this period, the employer's right to deduct from wages is limited to no more than a quarter of the salary, and restricted to specific cases such as documented damage to property. Furthermore, the regulations address the responsibilities of recruitment agencies and offices, obligating them to provide suitable accommodation for the worker for two years from the date of their arrival in the Kingdom if they refuse or abandon their job. This prevents the accumulation of undocumented workers on the streets or their resorting to illegal employment.
The expected impact of the new regulations locally and internationally
These amendments are expected to have a wide-ranging positive impact. Domestically, the regulations will contribute to stabilizing the domestic labor market, reducing labor disputes, and building contractual relationships based on transparency and mutual respect. Regionally and internationally, these regulations solidify the Kingdom's position as a leading country in protecting workers' rights and combating human trafficking. The new legislation strictly prohibits any practices related to forced labor, stipulating financial compensation equivalent to a maximum of two months' wages in the event of wrongful termination of the contract by either party. The regulations also mandate that fines imposed be deposited into a dedicated bank account to contribute to financing the accommodation and repatriation of domestic workers, reflecting a comprehensive and sustainable institutional approach to managing this important issue.
