Hiring of home employee underneath age of 21 prohibited; SR20000 fantastic for erring employer

by ADeeL

Okaz/Saudi Gazette

JEDDAH It’s prohibited to rent home staff underneath the age of 21, in response to the brand new Regulation for Home Employees. The rules stipulate {that a} most fantastic of SR20000 shall be slapped on the employer within the occasion of violation of any provisions of the Regulation, Okaz/Saudi Gazette has learnt from the main points of the Regulation printed on Friday within the Saudi official Umm Al-Qura Gazette.

The Regulation on Home Employees and the Like revealed that the Ministry of Human Assets and Social Improvement (MHRSD) is the authority to obtain complaints, settle them amicably, and monitor the violations dedicated by the employer or home employee with out prejudicing the opposite guidelines within the Regulation. In keeping with the principles, all stipulated durations and dates are calculated in accordance with the Gregorian calendar, except in any other case acknowledged within the home work contract. Any situation, reconciliation, or exoneration that violates the provisions of the Regulation shall be deemed null and void through the validity interval of the home work contract, except it’s extra useful to the home employee.

In keeping with the Regulation, the quantities owed to the home employee or his heirs are thought of first-degree privileged money owed, and as a way to accumulate them, the employee and his heirs have a lien on all of the property of the employer. The competent courtroom is not going to entertain any lawsuit filed by the employee, claiming one of many rights stipulated within the Regulation or arising from the work contract, after 12 months from the date of expiry of the contract, except the plaintiff offers an appropriate excuse or the defendant acknowledge the proper of the employee.

Home work contract

In keeping with Article 7 of the Regulation, the provisions of the home work contract between the 2 events are regulated underneath the concluded contract in accordance with the necessary contract fashions decided by MHRSD. The permitted textual content of the contract shall be in Arabic and is translated into the home employee’s official language. The contract is taken into account legitimate even when it’s not a written one. The contract have to be for a restricted period, and whether it is devoid of an announcement of its period, it’s thought of as a concluded one and renewable for a interval of 1 12 months from the date of graduation of obligation.

In Article 8, the Regulation stresses that the work contract should embrace the next important parts: A – The kind of work that the home employee is obligated to carry out. B- The identify of the 2 events (employer and employee), their nationality, place of residence, their e mail ID, contact numbers, data of an in depth individual, and the nationwide tackle of the employer. C- The date of concluding the contract and its efficient date. D- The wage that the employer is obligated to pay to the employee and the strategy of efficiency. E- The rights and obligations of each events and period of the probation interval. G- Regulating day by day working hours, weekly off, time beyond regulation working hours, and instances of assigning obligation aside from what was agreed upon within the contract. H- The period of the contract and find out how to lengthen and terminate it. I- Insurance coverage for the employee.

In keeping with Article 9, the 2 events might agree in writing with regard to probation of the employee for a interval not exceeding 90 days, throughout which the employer has the proper to confirm the skilled competence of the employee and the soundness of his/her private conduct, and each events have the proper to terminate the contract through the probation interval.

Working hours and trip

Article 10 of the Regulation prohibits greater than 10 hours of labor in a day, and dealing hours and relaxation durations needs to be regulated in a approach the employee doesn’t work for greater than 5 consecutive hours and not using a interval for relaxation, worship, and meals of a minimum of half an hour at a time through the whole working hours. There needs to be at the least eight-hour steady day by day relaxation interval in a day.

Article 11 affirms the proper of the employee to acquire a weekly off day with full pay, not lower than 24 consecutive hours. Within the occasion the employee is employed in his weekly relaxation day, he has the proper to another relaxation day or a money allowance decided by an settlement of each events.

Article 12 confused that if the employee’s service is for 2 years and if each events want to renew the contract, the employee is entitled to a 30-day trip, and if the employee doesn’t get pleasure from trip, he’s entitled to compensation in money for it. Upon the top of the contractual relationship, and each time the employee completes two years of labor, he’s entitled to a return journey ticket to his house nation. Within the occasion of the journey on a closing exit, he’s entitled to one-way ticket solely and if he enjoys trip in Saudi Arabia, he’s not entitled to a journey ticket or money compensation for it.

Article 13 stipulates that the home employee is entitled to sick go away not exceeding 30 steady or intermittent days on the idea of a medical report. The primary 15 days shall be with full pay and the remaining 15 days with half pay. The employer additionally has the proper to terminate the contract if the employee’s sickness exceeds greater than 30 days, together with bearing the ticket to return to his nation after settling all his dues and allowances.

As for Article 14, it emphasizes the supply of healthcare to the employee in accordance with the Saudi rules.

Rights and duties of employee and employer

Article 15 spells out the rights of the employee and obligations of the employer. The employer has to bear the charges for recruitment, altering occupation, and transferring providers to him, in addition to the charges for the issuance and renewal of labor allow, residency allow (iqama), and every other charges. The employer shall not hold the employee’s passport or any of his private paperwork and belongings.

The employer is obligated to not bodily or verbally assault or do any act of violence in the direction of the employee, and to chorus from doing any discrimination associated to paint, intercourse, age, ethnicity, or every other kinds in addition to sexual harassment or compelled labor or every other exercise that falls inside the scope of trafficking in individuals.

The employer can be obligated to allow the employee to speak along with his household, his nation’s embassy, and human assets firms and the competent authorities. He should present an appropriate place for the employee to dwell in inside or exterior the office, and to supply applicable meals or monetary compensation for it. The employer can be obligated to not assign the employee to any harmful work that threatens his well being, security and dignity.

Additionally it is not allowed for the employer to recruit the employee with out having a job for him, and to not enable or assign to work for others or for the employee’s personal account, or to work aside from the occupation for which he was recruited.

Article 16 additionally consists of the obligations of the employee, and that embrace the next: carry out the agreed upon work and to train the same old care in doing so; comply with the orders of the employer and his relations, except these orders include something that contradicts the employment contract or the provisions of the nation’s rules, public order, or public morals, or something that exposes him to hazard or authorized accountability. The employee should protect the property of the employer and members of his household and should not commit bodily or verbal assault or violence to employer or relations.

The employee has additionally to protect the secrets and techniques and privacies of the employer and members of household and to not reveal them to others. He ought to to not work for his personal account or for these aside from sponsor, or work aside from that stipulated in his employment contract.

Home employee’s wages

Article 17 of the Regulation stipulates that the home employee’s wage and dues have to be paid within the Saudi foreign money, whereas Article 18 required the employer to pay the wage month-to-month. As for Article 19, it stipulates that the employee is just not entitled to wages for the times or hours throughout which he’s absent from work.

Article 20 confused that it’s not permissible to deduct from the employee’s wages, besides within the following instances and that ought to to not exceed 1 / 4 of the wage: the prices of what he intentionally or negligently destroyed; an advance he obtained from the employer; the cash concerned within the implementation of a judicial ruling or administrative choice issued towards him except it has been acknowledged within the judicial ruling or administrative choice that the deduction shall exceed 1 / 4 of the wage.

Article 21 revealed the circumstances during which the work contract ends, and these embrace the expiry of the contract time period; the settlement of each events to terminate it offered that the employee’s consent is in writing; the demise of one of many events or the lack of the employee to carry out the work and lack of authorized capability by one of many events in response to a medical report from the permitted authorities; lack of ability of 1 or each events to finish the work contract on account of pressure majeure; and the employee reaching the age of 60 years except each events agree in any other case.

As for Article 22, it confirms that the employee is entitled, upon the expiry of the contract, to an end-of-service allowance price one month’s wages for each 4 consecutive years he spent with the employer. The final wage is taken as the idea for calculation, and its fee is made on its due date upon the top of the contractual relationship.

Article 23 stipulates that if the employee’s service ends, employer should pay his wages and settle his rights inside every week from the date of expiry of the contract. Nevertheless, if the employee is the one who terminated the contract, the employer should settle his rights in full inside a interval not exceeding two weeks.

In keeping with Article 24, the home employee shall bear the prices of his return journey to his nation within the occasion that he’s discovered unfit to work or if he needs to return and not using a reputable cause, whereas Article 25 stipulates that except the work contract consists of particular compensation in trade for termination of contract by one of many events on account of an unlawful cause, the opposite occasion deserves compensation amounting to 2 months’ wages within the occasion of termination.

Article 26 stipulates that the employer might not terminate the contract with out the employee being entitled to an end-of-service reward or compensation besides within the following instances: If the employee breaches his important obligations stipulated within the contract or within the labor rules, or refusing to carry out work and not using a reputable cause regardless of being given a written warning. The instances additionally embrace if the employee deliberately commits any act meant to trigger materials loss to the employer offered that the employer informs the competent authorities concerning the incident inside 24 hours from the time he learns of its incidence, or whether it is confirmed that the employee obtained the job by way of fraudulent means or whether it is confirmed that the home employee has exhibited unhealthy conduct or dedicated a dishonest act or if the employee assaults the employer or a member of his household, or engages in an exercise that harms the employer or his relations.

In keeping with Article 27, the employee has the proper to terminate the contract with the employer whereas retaining his statutory rights, in any of the next instances: If the employer breaches his elementary obligations stipulated within the contract or whether it is confirmed that the employer or his consultant dedicated fraud on the time of contracting with regard to the phrases and situations of labor or if he’s subjected to an assault or immoral conduct by the employer or by a member of his household or if the employer or his consultant assigns him to harmful work that threatens his well being or security or if the employer rents his providers to others.

Article 28 stipulates that each events should adhere to occupational security and well being necessities in accordance with the principles formulated by the MHRSD and that compensation for work accidents and occupational illnesses have to be paid in accordance with the provisions stipulated within the insurance coverage coverage.

Penalties and fines

As for penalties, Article 29 revealed that, with out prejudice to the penalties contained in different rules, the employer who violates the provisions of the Regulation shall be penalized with a fantastic not exceeding SR20000 or a ban on recruitment for a interval no more than three years, or each or completely stopping the violator from being undertaken the recruitment. The penalty imposed on the violator could also be doubled if the violation is repeated. The fines shall be multiplied in response to the variety of individuals concerned within the violation.

Article 30 of the Regulation confirms that, with out prejudice to the penalties contained in different rules, the employee who violates the provisions of the Laws shall be penalized with a fantastic not exceeding SR2000, or being prevented from working in Saudi Arabia, or each. The fines multiply in response to the variety of confirmed violations towards the employee and such employee shall bear the prices of return journey to his/her nation.

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