Introduction
Saudi Arabia is known for exporting oil and its products to many countries in the world. This country was among the poorest in the world before it discovered it had huge oil deposits. However, its economy has been strengthened by the huge demand for oil and its products in the international market. A shortage of domestic laborers makes residents of this country to seek workers from Indonesia, Ethiopia, Syria and Sudan. This essay presents research on the rights of housekeeping workers in Saudi Arabia.
A housekeeping worker is an individual that offers domestic services like cooking, laundry, washing utensils and taking care of children. Saudi Arabians believe that they are not supposed to work because their religion gives them the power to use other people as servants. This explains why there is an influx of immigrants to Saudi Arabia despite the challenges they experience in that country.
Hiring, Recruitment and Employment Contract
The process of hiring or recruiting domestic workers in Saudi Arabia is regulated by the Ministry of labor. The constitution of this country (Chapter 3, Section 48) gives Saudi nationals the right to be employed in the formal or informal sector. However, domestic workers can get jobs in this country if they fall under any category outlined in Section 49 of the constitution of this country. This provision states that the minister of labor approves entry of immigrants in Saudi Arabia and they must meet the following requirements before being given permission to work in this country. First, the domestic worker shall have obtained legal permission to enter this country and read, understand and agreed to follow the rules outlined in the Residence Regulations. In addition, the person must be under contract with and guaranteed by an employer from this country. The employment contract is prepared in Arabic language and domestic workers are supposed to comply with the provisions of the Islamic Sharia as part of their employment contract. Recruitment agencies must obtain permission from the ministry of labor in this country before they are allowed to hire workers.
Nature of the Task and Training
Most domestic workers usually have experience and thus there is no need of training the, However, this country outlines measures of ensuring foreigners are replaced by locals in their places of work. The constitution of this country (Article 42) states that all employees should groom local people to take the positions of foreigners. Article 61 states that employers should explain to their domestic workers the nature of their jobs and thus they should not use them as slaves.
Hours of Work and Rest
Domestic workers are protected by Article 98 of the constitution of this country that states that they are not supposed to work more than eight hours per day. If the contract is weekly based then the worker is not supposed to work for more than 48 hours. However, only Muslims are allowed to work for six hours during the holy month of Ramadan. Article 101 requires workers to break after working for five consecutive hours. Each break should be 30 minutes or more to ensure workers have adequate time for prayers, meals and rest.
Mechanism of Regulation
Working time is regulated by the religion of an individual. Muslims are allowed to work for fewer hours compared to non Muslims. In addition, the absence of policies that regulate the routine of domestic workers makes it impossible to know the duration they are supposed to work. Therefore, employers determine the duration of rest for their domestic workers. National and religious holidays play important roles in regulating the nature and amount of work to be done by domestic workers. Most of them do not work on Fridays since this is considered to be a Sabbath day. However, when domestic workers work for more than eight hours they are supposed to be paid 50% of their basic pay besides their hourly rates.
Vacations
Article 109 stipulates that domestic workers should be given annual leaves of not less than 21 days. Moreover, if an employee has stayed for more than five years the person is entitled to an annual leave of not less than 30 days. The worker must be paid during this time. The employer is responsible for setting the dates of these leaves and must communicate this information to the employee in advance. Employers cannot defer these leaves by more than 90 days; however, workers may postpone them until the following year if they wish to do so.
Housing and Privacy
Employers are supposed to offer their employees clean, neat and well ventilated houses. These houses should have water, sources of light and [roper ventilation to ensure the worker lives in hygienic conditions. Article 121 explains that employers are responsible for ensuring their employees live in hygienic places.
Health Insurance and Treatment
Article 142 States those employers are supposed to take good care of their employees by ensuring they have access to medical services. In addition, the Implementary Regulations require employers to supply their domestic workers with first aid kits and drugs. The Social Insurance Regulation of this country requires employers to assign physicians to their employees to provide annual medical examinations. Article 144 states that employers must register their domestic workers in a health insurance company to ensure the employee gets preventive and therapeutic health care services.
Financial Dues
Article 90 states that domestic workers shall be paid in the local currency an amount according to the agreement between them and their employers. Deductions will be made if the employee damages the property of his employer. However, this amount should not be more than the amount earned in five days by the employee. This clause explains that employees may contact the Commission for the Settlement of Labor Disputes if the individual thinks that the deductions are unfair.
Contract Termination In Case of Emergencies
Article 84 states that employers should reward their employees by paying them an End of Service award. This includes a half-month salary for five years if the employee has worked for long. In addition, the worker should be paid a month’s salary for subsequent years. The monthly salary is calculated using the amount the employee earned before the end of the contract.
Conclusion
Despite The presence of rights that protect domestic workers in Saudi Arabia they are usually treated like slaves and this discourages people from investing in this country. Housekeepers are never allowed to rest, and their salaries are usually lower than what they were promised. In addition, they do not have access to proper medical services and hygienic standards. This means that their rights and freedoms are violated because of an inefficient legal system.