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.
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.
