Salary delay and other reasons allow house workers to transfer service without employer’s consent
The Ministry of Human Resources and Social Development (MHRSD) reaffirmed that house workers can transfer their sponsorship without the consent of their present employers in the event of a delay in the payment of salary or many other reasons.
Speaking to Okaz/Saudi Gazette, Saad Al-Hammad, spokesman of the
Ministry, said that the Ministry aims to improve the contractual
relationship, which contributes to the flexibility of recruitment and
the preservation of rights of both parties.
In this regard, the
Ministry updated its earlier decision to transfer the services of
domestic workers without the consent of the present employer and added
new paragraphs that enable the worker to transfer to another employer in
certain cases.
He noted that the Ministry issued instructions
related to the transfer of the sponsorship of a domestic worker and
amended the rules for practicing recruitment activity and providing
labor services.
The new employer can hire the domestic worker for
a maximum 15-day period of probation with payment of the agreed salary
before transferring the worker’s service.
According to the new
amendments, the new employer shall pay the prescribed fee for the
transfer of services and bear the costs of housing of the domestic
workers during their stay in shelters.
Al-Hammad spelled out the
circumstances under which the transfer of service will be allowed and
for this, some paragraphs of the Ministry’s previous decision have been
updated and new paragraphs added.
The previous ministerial
decision stipulated in its first article implementation of the
provisions of Article 15 of the Labor Law regulations related to
domestic service workers and the like. Under this article, domestic
workers can have a final exit at the end of the contractual
relationship.
The update was made in the second article of the
Labor Law regulations. According to the update, domestic workers can
transfer their sponsorship to new employers without the consent of their
present employer under the following circumstances.
• It is
proven that there has been a delay in the payment of wages of domestic
workers for three consecutive or intermittent months without any genuine
reason attributed to the domestic worker.
• Failure to receive
the domestic worker from the port of arrival or from the shelters within
15 days from the date of her arrival in Saudi Arabia.
• Failure
of the employer to issue residency permit (iqama) for the domestic
worker, or renew it even after a lapse of 30 days from its expiry date.
• Employer assigns services of the domestic worker to others.
• It is proven that the domestic worker has been assigned to dangerous work that threatens his/her health or safety.
• It is proven that the employer or a member of his family has abused the domestic worker.
•
There is a complaint by the domestic worker against the employer and
the employer prolongs the process of examining the complaint
• Employer files an incorrect runaway (huroob) report on the domestic worker
•
Failure of the employer or his representative to appear before the
domestic workers’ dispute settlement committees for two sessions
•
Absence of the employer due to his travel, imprisonment, or any other
reason that results in his inability to pay the domestic worker’s wages.