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Subject: Circular Regarding The Controls of The Contractual Relationship of Domestic Workers

The document is a circular from the Saudi Arabian Ministry of Labor and Social Development regarding new controls for contractual relationships between recruitment companies and their clients for domestic workers. It announces that starting January 1, 2020, all contracts must follow the attached controls, which define terms, obligations of both parties, worker and service data, and more. The controls aim to properly regulate these contractual relationships in accordance with Saudi labor laws and regulations.

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Muha Hammad
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0% found this document useful (0 votes)
10 views

Subject: Circular Regarding The Controls of The Contractual Relationship of Domestic Workers

The document is a circular from the Saudi Arabian Ministry of Labor and Social Development regarding new controls for contractual relationships between recruitment companies and their clients for domestic workers. It announces that starting January 1, 2020, all contracts must follow the attached controls, which define terms, obligations of both parties, worker and service data, and more. The controls aim to properly regulate these contractual relationships in accordance with Saudi labor laws and regulations.

Uploaded by

Muha Hammad
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Ministry of Labor and Social

Development
Kingdom of Saudi Arabia
Minister’s Office
Issue: 122751
Date: 21/04/1441 H
Enclosures: N/A
Vision 2030
Subject: Circular regarding the controls of the contractual relationship
of domestic workers

Circular

His Excellency the Director General of the Ministry's branch


Respected

A copy for all the recruitment companies

Peace and mercy of Allah and his blessings may be upon you

Based on Article thirty-eight and Article fifty-one of the rules for


practicing the recruitment activity and providing labor services
attached to the Implementing regulations of the labor law issued by
Ministerial Resolution No. (1982) dated 28/06/1436 H, as amended by
Ministerial Decision No. (70273) dated 11/04/1440 H. As organizing the
contractual relationship between licensees and their clients is
important, we inform you of the following:

First: The controls for providing domestic labor services shall be


approved according to the formula attached to this decision.

Second: Recruitment offices and companies licensed to provide labor


services to domestic workers must document the contracts for the
activity of providing labor services for domestic workers between them
and their individual clients, in accordance with the controls referred to
in (First) starting from 01/01/2020.

Therefore, we hope to see and take the necessary actions towards the
notification and implementation of the aforementioned.

Please accept my best regards and appreciation,

Assistant Undersecretary for


Recruitment Affairs

Ministry of Labor & Social Development Kingdom of Saudi Arabia Riyadh 11475 P.O. Box
21110 Tel: +966 11 210 4500 Fax: +966 11 210 4600 www.mlsd.gov.sa
Ministry of Labor and Social
Development
Kingdom of Saudi Arabia
Minister’s Office
Issue: 122751
Date: 21/04/1441 H
Enclosures: N/A
Vision 2030
//Signed//
Jaber bin Abdul Rahman Al
Mahmoud

Providing Domestic Labor Services Contracts Controls

Target; These controls aim to regulate the contractual relationship


between the licensees and their individual clients regarding the
provision of labor services to domestic labor.

First: The following terms, wherever mentioned in this contract, have


the meanings indicated before them, Unless the context otherwise
requires:

 Service provider: A company or recruitment office licensed by the


Ministry of Labor and Social Development to provide labor
services for domestic labor.
 Worker: The domestic service worker classified for domestic work
according to the profession he works (for both sexes).
 The Ministry: The Ministry of Labor and Social Development.
 Client: The beneficiary of the services of the domestic worker.
Second: General provisions

1) The two parties are obligated to include these controls as a


minimum when documenting the contractual relationship.

Ministry of Labor & Social Development Kingdom of Saudi Arabia Riyadh 11475 P.O. Box
21110 Tel: +966 11 210 4500 Fax: +966 11 210 4600 www.mlsd.gov.sa
Ministry of Labor and Social
Development
Kingdom of Saudi Arabia
Minister’s Office
Issue: 122751
Date: 21/04/1441 H
Enclosures: N/A
Vision 2030
2) The terms or conditions that conflict with the labor law, its
implementing regulations, the domestic service labor regulation
and those of similar regulations, or the relevant regulations, or
these controls shall not be taken into consideration.
3) The service provider may add any other terms that explain the
details of the service and the mechanism for providing it in a way
that does not conflict with the provisions stipulated in these
controls.
Third: Contract Parties Data

1) The data of the service provider and the client is clarified, and it
shall include the name, registry numbers, contact information
and addresses.
2) Service data, including:
 Service Type and the Worker Profession.
 Service Period
 Service Cost
 Nationality

Fourth: Service Provider's Obligations:

1) Clarifying all the responsibilities of the service provider towards


the contract, service, worker and client.
2) Stopping the calculation of the service value from the date of
returning the worker or informing the client of the worker’s
absence.
3) The client shall not be charged any fees in case of the worker’s
absence unless it is proven that the absentee report submitted
by the client is incorrect. The service provider can also file a

Ministry of Labor & Social Development Kingdom of Saudi Arabia Riyadh 11475 P.O. Box
21110 Tel: +966 11 210 4500 Fax: +966 11 210 4600 www.mlsd.gov.sa
Ministry of Labor and Social
Development
Kingdom of Saudi Arabia
Minister’s Office
Issue: 122751
Date: 21/04/1441 H
Enclosures: N/A
Vision 2030
report with the competent authorities in the event that the report
is proven to be incorrect.
4) Informing the client of the worker’s readiness no less than (24)
hours before the date of receiving him.
5) The service provider's commitment to pay the wages and
entitlements of the workers on their due dates in accordance with
what is mentioned in their employment contract.
6) The service provider's commitment to ensure that the worker is
free from contagious diseases or impairments that prevent the
worker from performing the work under contract.
7) Clarification of the service provider’s commitments towards
providing an alternative worker without charging the client any
new fees in the following cases:
 Absenteeism from work.
 Refusal of work due to a reason related to the client.
 The worker becomes ill so that he cannot perform his work.
 Lack of proficiency.
 Death of a domestic worker “natural death”.
 If the worker was pregnant before she was delivered to the
client.
 Any other cases determined between the two parties.

Fifth: Client's Obligations:

1) Clarifying all the client's responsibilities towards the contract,


service, worker and the service provider.
2) The client’s commitment to receive the worker at the time
specified by the service provider. The two parties may agree on
extending the receipt period with the service provider’s
entitlement to receive the cost of extending the worker’s stay.

Ministry of Labor & Social Development Kingdom of Saudi Arabia Riyadh 11475 P.O. Box
21110 Tel: +966 11 210 4500 Fax: +966 11 210 4600 www.mlsd.gov.sa
Ministry of Labor and Social
Development
Kingdom of Saudi Arabia
Minister’s Office
Issue: 122751
Date: 21/04/1441 H
Enclosures: N/A
Vision 2030
3) Providing adequate housing for the domestic worker during the
period of service, taking into account the human rights and
privacy of the worker, allowing him to enjoy daily rest for a
period of not less than nine hours and providing him with the
necessary subsistence.
4) Providing a means of transportation for the worker to the nearest
approved medical center in the network of medical centers for
the insurance company approved for his medical insurance.
5) Notifying the service provider of the worker's absence during the
period agreed upon between the two parties in the event of his
absence.
6) The client is obligated to notify the service provider in the event
of the worker’s injury, disability or non-fulfillment of work within
(48) hours.

Sixth: Policies and Procedures

1) Policies for starting the calculation of the value of the service,


and stopping the calculation before receiving or replacement.
2) Procedures and conditions for receiving and delivering the
workers at the service provider's premises.
3) Costs payment procedures, methods, and time.

Ministry of Labor & Social Development Kingdom of Saudi Arabia Riyadh 11475 P.O. Box
21110 Tel: +966 11 210 4500 Fax: +966 11 210 4600 www.mlsd.gov.sa
Ministry of Labor and Social
Development
Kingdom of Saudi Arabia
Minister’s Office
Issue: 122751
Date: 21/04/1441 H
Enclosures: N/A
Vision 2030
4) The policy of providing the substitute worker, including the
number of times of replacement and the period of providing the
replacement worker (not exceeding 30 days as maximum).
5) The procedures and responsibilities of the contractual
relationship parties in the event of termination or cancellation of
the contract
Seventh: Information Privacy Protection

The service provider must preserve the clients information and not
divulge or use any information related to the client unless it is
requested by the official authorities.

Eighth: Complaints Addressing

The service provider must clarify the mechanism for submitting and
addressing complaints for clients so that the mechanism is clear and
effective and through which complaints can be followed up and
addressed within a maximum of 10 days from the date of their
submission, in accordance with the regulations and instructions issued
by the Ministry.

Ninth: Notifications

The channels of communication and notifications between the two


parties shall be clarified, provided that they include electronic or
telephone channels, or both.

Tenth: Final Provisions

1) The client has the right to demand the termination of the


contract and recovering the cost, provided that the equivalent of
the time spent at work is deducted from the service provider in
the event that the service provider fails to provide a replacement
worker in the cases determined for the replacement.

Ministry of Labor & Social Development Kingdom of Saudi Arabia Riyadh 11475 P.O. Box
21110 Tel: +966 11 210 4500 Fax: +966 11 210 4600 www.mlsd.gov.sa
Ministry of Labor and Social
Development
Kingdom of Saudi Arabia
Minister’s Office
Issue: 122751
Date: 21/04/1441 H
Enclosures: N/A
Vision 2030
2) The client's right to cancel the contract before obtaining the
service and recovering the costs paid, especially the cost of
canceling the contract, provided that the cost of cancellation
does not exceed %1 of the total cost paid.
3) The two parties may agree to transfer the services of the
domestic service worker to the client according to the costs that
are agreed upon, provided that the transfer of the services of the
domestic service worker to the client is subject to the following
conditions:
 The approval of the domestic service worker.
 The approval of the service provider.
 The approval of the Ministry and the relevant authorities in
accordance with the regulations and instructions related to
the transfer of services.
 After transferring the service, the client shall conclude a work
contract with the domestic service worker according to the
form prepared by the ministry for the remaining period of the
work contract with the service provider or for a new period,
provided that the worker's monthly wage is not less than the
last wage paid by the service provider to the worker.
4) If the service provider is a recruitment office, he must commit to
transferring the worker's services to the client according to the
controls set by the ministry.

Ministry of Labor & Social Development Kingdom of Saudi Arabia Riyadh 11475 P.O. Box
21110 Tel: +966 11 210 4500 Fax: +966 11 210 4600 www.mlsd.gov.sa

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