saudi arabia - migrant-rights.org · without permission from employer , only in the following...

Saudi Arabia Fact Sheet on Labour and Domestic Worker Laws

Private Sector workers (other than domestic workers)

Domestic workers

Key Legislation

Labour Law approved by Royal Decree M/51, 2005 (and Implementing Regulations).

Ministerial Decision No. 310 of 1434 regulating the employment of domestic workers (2013).

Recruitment Recruitment fees It is illegal to charge recruitment fees to

workers. While recruitment fees are not explicitly prohibited, they cannot be deducted from the workers’ wages by the employer.

Passport confiscation There is a prohibition on confiscating migrant workers’ passports, punishable by 5,000 Saudi Arabian Riyal (SAR) (US$533).

There is no explicit prohibition on passport confiscation for domestic workers, but the human trafficking law prohibits confisication of passports for all workers.

Working conditions Contract Written employment contract (in Arabic) is

considered the official version Written employment contract (in Arabic) is considered the official version

Minimum wage Not applicable. 1

Not applicable. Working hours 8 hours per day or 48 hours per week with the

exception of the month of Ramadan. Number of hours may be raised to 9 hours in certain cases; however, workers cannot be required to work more than 10 hours per day. Rest breaks of 30 minutes for rest, prayer and meals must be permitted at least every 5 hours.

Up to 15 hours per day including breaks (time for breaks unspecified but total rest period should be at least 9 hours).

Rest periods 1 day per week on Friday (as well as daily breaks as above). However in remote areas and in jobs where conditions require ‘continuous work’, weekly rest periods may be consolidated for up to 8 weeks if the employer and workers agree, subject to the Ministry’s approval. In some limited cases, including ‘unusual work pressure’, there may be an exception to the rest period requirement.

1 day per week.

Overtime Overtime is paid at 150 per cent of the basic hourly rate.

Not provided for in the law.

Payment of wages Wages must be paid monthly through the Wage Protection System to an accredited bank.

Wages must be paid by the end of the Islamic calendar month (unless contractually agreed otherwise). Domestic workers are not included in the Wage Protection System; however, employers can choose to register for the Household Payroll Card under which workers can withdraw salary by

1 While Saudi Arabia does not have a minimum wage, in order for a Saudi worker to be taken into account in the Nitaqat (Saudi employment nationalization programme) points system, he or she must receive a monthly wage of no less than SAR3,000 (around US$800).

automated teller machine (ATM). This is not compulsory.

2

Annual leave During the first 5 years: 21 days of annual leave; for subsequent years: 30 days of annual leave.

30 days every 2 years.

Other requirements There is a ban on working outdoors between 12:00 and 15:00 in the summer (usually from 15 June until 15 September) (exceptions for oil and gas workers). There is a dedicated hotline for reporting violations of this rule.

3

Workers must be given suitable accommodation, paid sick leave and healthcare.

End of service gratuity During the first 5 years: half a month wage per year; for subsequent years: 1 month per year.

1 month wage for every 4 consecutive years of service.

Grievances and dispute resolution Lodging complaints/resolving disputes

Conciliation: Amicable resolution by the Labour Offices within 12 months of the dispute arising. If the matter is not resolved, disputes are referred to the labour courts. Judicial remedy: Currently cases can only be appealed to a judge through the regular civil courts. However the Supreme Judicial Council has announced that in September 2018, seven labour courts will be established in Jeddah, Makkah, Madinah, Buraidah, Abha, Riyadh and Damma to deal exclusive with labour cases.

4

Shelters and protection services

None identified. The Ministry of Labour and Social Development, in cooperation with the police, operates a shelter in Riyadh to assist domestic workers to claim their wages and return home. Other shelters not exclusive to domestic workers operate throughout the country.

Sponsorship Sponsorship and changing employers

With permission from employer: anytime. Without permission from employer, only in the following circumstances: • If the employer has failed to renew the worker's residency permit; • If the worker's wages have not been paid for 3 consecutive months and at any time during the year that follows the due date of the third month of delay; or • If the worker has denounced a commercial cover-up activity involving the employer, with evidence to this effect and without involvement on his or her part.

5

Penalty for non-compliance: Workers who have an absconding charge registered against them are liable to be arrested, fined and deported. Once deported they are usually

With permission from employer: anytime. Without permission from employer: after 2 years of working with the sponsor unless:

6

● The employer fails to pay salary for 3 consecutive or intermittent months;

● The employer is not present to receive the worker when he/she arrives in the country, or does not ‘pick up’ the worker within 15 days of arrival;

● The employer fails to obtain a residency permit/renew the expired permit;

2 The debit-like card was introduced in December 2017 and is to be mandatory for all employers as of July 2018 via the Musaned system (electronic platform for the direct hiring of domestic workers). It aims to enable domestic workers to withdraw their monthly salary through ATMs and can also be used to pay for purchases. The card is acceptable within Saudi Arabia only and it accepts deposits only from the sponsor. 3 Ministerial Resolution No. 3337 dated 14/05/2014. 4 Furthermore, 27 circuit courts will be established in various provinces and governorates to deal with labour cases in addition to six appellate courts which will review judgments issued by the lower courts. 5 Implementing Regulations, which came into effect in April 2016 (Ministerial Decree No. 1982). 6 Ministerial Decision No. 605, dated 15/5/1438 H.

banned from coming back to Saudi Arabia for 5 years or more.

● The employer assigns the domestic worker to work for others (non-relatives);

● The employer requires the worker to perform hazardous tasks;

● The employer files an ‘invalid complaint’ that a worker has absconded; or

● The employer fails to attend two sessions addressing a complaint filed by the worker.

Leaving the country An exit permit is required for migrant workers to leave Saudi Arabia.

Kuwait Fact Sheet on Labour and Domestic Worker Laws Working conditions and sponsorship Private Sector workers (other than domestic

workers) Domestic workers

Key Legislation Private Sector Labour Law, No. 6 of 2010. Law No. 68 on Domestic Workers and Ministerial Decision No. 3294 of 2016.

Recruitment Recruitment fees Charging recruitment fees to workers is not

explicitly prohibited under the law. 7

Employers are required to pay the recruitment agency fees and these cannot be deducted from the worker’s remuneration.

Passport confiscation

It is prohibited for an employer to confiscate the passport of the worker.

Working conditions Contract

A written (or oral) employment contract (in Arabic) must be executed. The contract must be issued in 3 copies.

The employment contract must be signed in the form prescribed by the Domestic Workers Department (Ministry of Interior) in both English and Arabic.

8

Minimum wage 75 Kuwaiti dinar (KWD) (US$250) per month 9

KWD60 (US$200) per month.

Working hours 8 hours per day or 48 hours per week with the

exception of the month of Ramadan.; 1 hour rest after 5 hours

Not more than 12 hours per day including breaks (for a total of 72 hours per week). 1 hour rest after 5 hours and a nightly rest of 8 consecutive hours.

Rest periods 1 day per week. Employers may require a worker to work during a day-off. If this occurs, a worker is entitled to at least 150per cent of the daily rate of the basic wage, or any other compensation agreement that is more beneficial to the worker.

1 day per week.

Overtime Overtime provisions range from 125-200per cent of the basic wage. Overtime is limited to 2 hours a day, 6 hours per week and 180 hours per year, and should not exceed 90 days in a year.

Overtime cannot exceed 2 hours per day. The domestic worker shall be due compensation equal to the wages of half a day.

Payment of wages Wages must be paid at least on a monthly basis through the Wage Protection System to an accredited bank.

Wages must be paid at the end of the month along with a receipt. The employer will be charged a penalty of KWD10 (US$33) for every month of delay in payment.

Annual leave After completion of at least 9 months of the contract workers are entitled to 30 days of annual leave.

Annual leave is provided for in the law. According to the standard contract, the worker has the right “to spend a vacation for two months after the

7 The Minister shall issue a resolution setting forth the procedures, documents and fees that shall be paid by the employer 8 The contract can be renewed annually unless the parties decided not to renew it, in which case they have to send a notice to the other party before the end of the contract within 2 months. 9 PAM Ministerial decision 14/17.

passage of two work years” with return airfares at the expense of the employer

Other requirements During the summer (between June and end of August), employers must not require their employees to carry out any sort of work under direct sunlight during the day, usually between 11:00 and 16:00 (exceptions for workers in the oil and gas sector).

10

Provide decent food, clothing and treatment at government hospitals.

End of service gratuity

Monthly wage of 15 days’ pay for every year of service in the first five years, and a month’s wages for every year of the following years in fixed term contracts, as well as in open contracts if the contract is terminated by the employer and not the worker. The worker is not entitled to any end of year service if the duration of service is less than three years and the open contract was terminated by the worker or the worker fails to report to work without an acceptable excuse for a period of seven consecutive days or twenty dispersed days during the year, which allows the employer to consider him as resigned.

1 month of wages for every year at the end of the contract.

Grievances and dispute resolution Lodging complaints/resolving disputes

Conciliation: workers must lodge a dispute at a local Public Authority for Manpower (PAM) office (there are 6 in total in Kuwait). A PAM investigator will try to mediate an outcome. If no settlement is reached within a month, the PAM investigator refers the case to the Civil Court (Labour Circuit) Judicial remedy: cases can be brought to the Civil Court (Labour Circuit). All cases will be free of judicial charges.

Conciliation: currently domestic workers are required to bring disputes to the Domestic Workers’ Department in the Ministry of Interior. From 31 March 2019, the domestic workers portfolio will be transferred to the PAM.

11

Judicial remedy: cases can be brought to the Civil Court (Labour Circuit). All cases will be free of judicial charges.


There is a women’s shelter which was established in December 2014 by the PAM. The shelter has a capacity of 500 individuals and provides accommodation, food and legal and medical assistance.

Sponsorship Absconding charges With permission from employer: only after 1

year after the issue date of the work permit (a condition which may be waived for a fee of KWD300 (US$989)). Without permission from employer: only after 3 years have passed since the date of issuance of the work permit. If the worker wishes to

12

transfer before 3 years have passed but does not have the consent of the original employer, the worker may file a complaint with the Labour Relations Department of the PAM. Penalty for non-compliance: An absconding charge is filed with PAM for 90 days after the

With no objection certificate: rules on this are not clear. Without no objection certificate: only after the completion of the contract (2-3 years). Penalty for non-compliance: An absconding charge will be placed on the worker 7 days after the employer registers the charge, unless the worker notifies the Domestic Workers Department or presents him/herself at the PAM shelter. The worker can then be liable to arrest, detention for up to 6

10 Ministerial Decree 535/2015. 11 Council of Ministers’ Decision No. 614, (2018) on transfer of the powers stated in Law No. 68 of 2015 regarding domestic labor to the Minister of Social Affairs and Labor and General Manpower Authority. Although this decision was passed with immediate effect in May 2018, a postponement was later made deferring the change to 31 March 2019. 12 The worker is also required to provide three months’ notice to the employer.

employer registers the charge. During this time, the charge can be removed if the worker submits a request to a PAM/Ministry of Interior Committee to remove the charge. Once the period expires, the absconding charge is registered with the Ministry of Interior and the residency permit is revoked – the worker can then be liable to arrest, detention for up to 6 months, the payment of fines of up to KWD600 (US$1,979) and deportation. If deported, workers may be banned from returning to Kuwait for at least 6 years.

months, the payment of fines of up to KWD600 (US$1,979) and deportation. If deported, workers are usually banned from coming back to Kuwait for at least 6 years.

Leaving the country No exit permit is required.

Bahrain Fact Sheet on Labour and Domestic Worker Laws Working conditions and sponsorship Private Sector workers (other than domestic

workers) Domestic workers

Key Legislation Law No. 36 of 2012 (Labour Law in the Private Sector).

Law No. 36 of 2012 (Labour Law in the Private Sector); however, domestic workers can only benefit from certain provisions.

13

Recruitment

Recruitment fees Charging recruitment fees to workers is not explicitly prohibited under the law.


Confiscating passports is not explicitly prohibited under the law.

Working conditions

Contract The contract must be in Arabic with two copies (one for each party). If a contract is drawn up in a language other than Arabic, it shall be accompanied by an Arabic version. A penalty of between 200-500BD shall apply to any employer who does not comply. Flexi-permit holders (limited workers eligible) do not require a contract.

14

The LMRA introduced a dual/tripartite contract system in October 2017. One contract must be signed between the recruitment agency, worker and employer, and a second one between the worker and the employer. If an employer is hired directly, rather than through an agency, only an obligation form, which does not specify working hours or days off, is signed. A penalty of between 200-500BD shall apply to any employer who does not comply.

Minimum wage Not applicable. 15

Not applicable.

Working hours 8 hours per day or 48 hours per week. 16

There must be a break(s) of at least half an hour for prayer, meals or rest and a worker must not be required to work for more than 6 consecutive hours. Working hours may be increased to more than 8 hours a day if agreed upon with employer, provided that the effective working hours doesn’t exceed 10 hours per day.

Not specified in the law.

Rest periods Weekly day of rest (Friday unless otherwise agreed). An employer may require a worker to work on his or her weekly day of rest (or a


13 These provisions relate to some benefits regarding the labour contract, wages, end of service benefit and exemption from judicial fees, among others. In 2018, the government added a new provision (which also applies to domestic workers) that “Discrimination among workers subject to the provisions of this Law on the basis of gender, origin, language, religion or creed shall be prohibited.” 14 A ‘flexible’ work permit for eligible migrant workers in an irregular situation was introduced in Bahrain in 2017. The permit allows workers to work without a sponsor. Initially residence permit was issued for 2 years. Currently it is issued also for one year. Under the scheme, workers bear the costs of the issue of the work permit, healthcare, social insurance, monthly fee payable to the Labour Markets Regulatory Authority (LMRA) at a higher rate than the workers in employment and a deposit for a return flight ticket. Flexible permit holders can work for multiple employers simultaneously, and essentially are self-employed. 15 The minimum wage only applies to Bahraini nationals in the public sector (300 Bahraini dinar (BHD) (US$796). 16 During Ramadan Muslim workers are required to work a maximum of 6 hours a day and 36 hours a week.

public holiday), and in this case, the worker has the choice of either receiving an additional wage equivalent to 150per cent of the normal wage or may choose to have a rest day on another day.

Overtime Additional wages for overtime is required to be paid at the rate of 25 per cent of the wage per hour during the day and 50 per cent of the wage for hours worked during the night.


Payment of wages Workers on a monthly wage must be paid at least once a month. 17

Employers are only cleared with regard to payment once it is paid in full to the worker according to the mechanism designated by a decision of the Minister, provided that this mechanism includes measures and controls for paying worker wages and the information that must be submitted to the relevant authorities for verification.

18

Annual leave 30 days. 30 days.

Other requirements During the summer (between June and the end of August) employers must not require workers to carry out any sort of work under the sun and in open areas during the hours of 12.00 Noon and 4.00 P.M. (exceptions in respect of workers in the oil and gas sector and workers engaged in emergency maintenance).

19

Although not specified in the law, the LMRA standard contract and obligation pledge specifies that the employer must provide the worker with a decent residence, respect for privacy, food and clothing, occupational safety and health, medical care, and also enable the domestic worker to communicate with his/her family periodically and regularly.


For the first 3 years: Half a month’s wages for each year of service; for subsequent years: one month’s wages per year. Pro-rata for an incomplete year.

For the first 3 years: Half a month’s wages for each year of service; for subsequent years: one month wages per year.

Grievances and dispute resolution

Lodging complaints/resolving disputes

Conciliation: Problems or disputes that arise between the worker and the employer may be brought directly to the labour court or to the Individual Labour Disputes Settlement Authority under the Ministry of Labour and Social Development (MOLSD). If the authority fails to reach a settlement, the case is passed on to the labour courts. Judicial remedy: workers are able to seek a judicial remedy by filing a claim with the Labour Case Administration Office, and are exempt from court fees. The period between filing the lawsuit and the hearing should be no more than 2 months.


There is a shelter (‘Migrant Worker Service Center and Shelter’) which was set up in November 2015 by the LMRA, with a capacity for up to 120 victims in separate men’s and women’s sections. The Service Center contains the migrant worker protection unit, physical and mental health professionals, and a representative from the police anti-trafficking unit.

Sponsorship

Sponsorship and changing employers

With permission from the employer: anytime. Without permission from employer: only after completing 1 year of the contract. The worker

With a no objection certification: anytime. Without permission from employer: only with the permission of the LMRA.

17 Where payment of wages is delayed by the employer for a period less than 6 months the employer must compensate the worker at the rate of 6 per cent per annum and up to a maximum of 12per cent for longer periods of delay. 18 Decree on Law No. 59 of 2018 On Amending Some Provisions of the Labor Law in the Private Sector Law No. 36 of 2012. Additionally, the public and private authorities shall release to the competent authorities the information on payment of worker wages in the amount necessary for verifying payment in accordance with the controls outlined in the Minister’s decision. 19 Article 1 of Ministerial Resolution No. 3 of 2013.

must send notice of termination to the first employer by registered mail.

20

Workers can lodge applications against absconding charges at the Grievances Unit Counter at the LMRA Expatriate Protection Center. Workers who take on other employment while “absconding” can face fines, imprisonment, blacklisting, and deportation. Penalty for overstay Workers who overstay their visas must pay a standard regulation fee of BHD15 (US$40) for the first year and at the rate of BD 10 for every additional year or fraction thereof.

Penalty for non-compliance: same as for other workers.

21


20 Notice period for termination of service according to the provisions of the Law or the contract of employment concluded between the two parties, provided that it does not exceed 3 months from the specified date of transfer. 21 According to Article 195 of the Labour Law ‘No stay of execution shall be granted in respect of the monetary fines specified in this Title. The minimum sanction prescribed by law shall not be diminished under any excuse or by reason of extenuating circumstances.’

Qatar Fact Sheet on Labour and Domestic Worker Laws Working conditions and sponsorship Private Sector workers (other than

domestic workers) Domestic workers

Key Legislation Labour Law No. 14 of 2004 and Entry, Exit and Residence Law No. 21 of 2015.

Law No. 15 of 2017 concerning domestic workers.

Recruitment

Recruitment fees Payment of recruitment fees, expenses or any other costs by workers is prohibited by the Labour Law.

Law No. 15 prohibits employers from deducting a worker’s pay to compensate for recruitment fees, expenses or commissions.


Passport confiscation is illegal and persons engaging in passport confiscation can be subject to fines of up to 25,000 Qatari riyal (QAR). Employers are required to design accommodation which includes storage facilities which can be locked (but accessible to workers at any time) in which they can keep their personal belongings and documents including passports. Passports can be kept in the employers custody with written consent of the worker.

Working conditions

Contract Contracts must be in Arabic and certified by the Ministry of Administrative Development, Labour and Social Affairs (ADLSA), but can be accompanied by translation into another language. ADLSA issued a model contract in 2017, to be used by recruiters and employers.

Minimum wage A temporary minimum basic wage of QAR750 (US$206) per month was introduced in 2017.

Working hours 8 hours per day or 48 hours per week with the exception of the month of Ramadan.

10 hours per day (excluding rest, food and worship breaks), but can be longer if both

22

parties agree. Rest periods 1 day per week. 1 day per week.

Overtime Overtime must be paid at 125 percent of the wage and the actual working hours per day cannot exceed 10 hours ‘unless the overtime work is necessary for the prevention of gross loss or dangerous accidents or for mitigation of the consequences of the said loss or accident’. Workers who work between 21:00 and 03:00 shall be paid 150 percent of their basic wage with the exception of the shift workers.

The Domestic Workers Law does not prohibit overtime work. However, no extra wages are prescribed.

Payment of wages Payment must be made electronically in accordance with the Wage Protection System introduced in November 2015.

The wages could be paid through the worker’s bank account, or in cash by virtue of a receipt signed by the worker, which confirms his/her receipt of wage in full. Wages must be paid at the end of the month and no later than the third day of the following month.

Annual leave During the first 5 years, 3 weeks three per year. After this period, at least 4 weeks per year.

3 weeks per year.

22 Period of rest breaks not specified.

Other requirements During summer hours (generally between

15 June and 31 August), workers must not work in the sun or in open working places for more than 5 hours, and may not work at all between 11:30 and 15:00.

23

Workers must be given accommodation, food and healthcare, although there are no provisions for sick leave.


At least 3 weeks of basic salary per year. At least 3 weeks per year.



Conciliation: workers can submit a dispute to ADLSA for amicable settlement.

Judicial remedies: in cases where an amicable solution has not been reached, ADLSA submits the case to a Workers’ Dispute Settlement Committee. The

24

committees (which are chaired by judges of the Court of First Instances and 2 representatives from ADLSA) meet 3 times a week to hear disputes and to make a decision based on the evidence presented, giving reasons. Workers can decide to appeal against the decision issued by the Workers’ Dispute Settlement Committee before the Appellate Court.

Sponsorship


With permission from employer: any time, as long as there is permission from ADLSA (in addition to the employer).

Without permission from employer: only if the worker can demonstrate that there was abuse by the employer; or at the completion of the period of the contract (5 years if an indefinite contract). In such cases, the worker must register on the ADLSA website indicating whether he/she is applying for a change of employer or final departure. The worker must submit a certified copy of the employment contract as well as a copy of a certificate attesting to either the amicable termination of the contract or outlining abuse by the employer.

Penalties for non-compliance: workers who terminate their job contracts and leave the country before completion of the contract period are not allowed to return to the country before the end of the contract period. If they were terminated by their employer on disciplinary grounds, then they can be banned for four years. A worker who is administratively deported can be banned for life from returning to Qatar.

Leaving the country Migrant workers wishing to leave Qatar temporarily or definitively are free to do so provided they do not fall within the category of 5% workers who require the employer’s prior approval. If for whatever reason the worker is not able to leave the country, he or she can appeal to the Expatriates’ Exit Appeals Committee. A decision is made within 3 working days Employees of ministries, public sector organisations, and semi- or

Domestic workers must have permission from

their employers to leave the country.

23 Ministerial Resolution No. 16 of 2007. 24 Created in 2018 by the Council of Ministers Decision No. 6.

quasi-governmental organisations and workers not covered by the labour law are required to obtain an exit permit.

United Arab Emirates Fact Sheet on Labour and Domestic Worker Laws


25Domestic workers

Key Legislation Federal Labour Law 1980. Federal Law No. 10 of 2017 on Support Service Workers (UAE Domestic Workers Law).

26

Recruitment

Recruitment fees It is illegal to charge recruitment fees to workers. 27

It is illegal to charge recruitment fees to workers whether prior to or after employment.

28


It is illegal to confiscate a passport (except by an official authority).

Working conditions

Contracts The employment contract must be in accordance with the Approved Standard Employment Contract in English and Arabic, and must be registered with the Ministry of Human Resources and Emiratization (MOHRE).

29

The contract, modelled on the unified standard contract mandated by the MOHRE, must be signed in four copies. It must be in Arabic; while other language versions can be attached, only the Arabic text is officially admitted.

Minimum wage No minimum wage. No minimum wage.

Working hours 8 hours per day and 48 hours per week (except during Ramadan).

Employees shall not be required to work more than 5 consecutive hours per day without a period of time allocated for rest, meals, and prayer. Working hours may be increased to 9 hours per day for those employed commercial establishments, hotels, restaurants, guards or similar operations.

12 hours with at least 8 consecutive hours rest (accounting for up to 72 hours per week).

Rest periods 1 day per week (Friday). Workers who complete work on Friday are entitled to request a rest day in lieu which can be taken at a later date or to be paid at 150per cent of their basic wage.

1 day per week.

Overtime Employees who work overtime are entitled to overtime pay equivalent to 25per cent of their wage. The additional overtime rate increases to a minimum of 150per cent of the normal wages at night

Not specified.

25 This section does not apply to workers in the ‘free zones’ (approximately 37 free zones exist across the country). 26 Based on the terms of the law as found here. 27 A licensed ‘labour mediator or supplier’ may not request or accept from any worker, whether prior or subsequent to their admission to employment, any fees, or to charge the worker for any expenses unless it is provided for or approved by the Ministry of Human Resources and Emiratization (MOHRE). 28 Recruitment agencies for domestic workers have been replaced with ‘Tadbeer Centres’ that are publicly regulated but privately operated. Services provided by Tadbeer Centres include: conducting pre-arrival interviews with domestic workers to ensure that they understand their contractual rights; providing training and education to new workers; resolving disputes between workers and employers, and inspecting worker accommodation. 29 No alteration or substitution may be entered unless it benefits the worker and it is approved by both the worker and the MOHRE.

http://gulfmigration.eu/database/legal_module/United%20Arab%20Emirates/National%20Legal%20Framework/Labour%20Migration/53.2%20Federal%20Law%20No%2015%20of%202017%20Domestic%20workers.pdf

(between 21:00 and 04:00). Unless there are extreme circumstances, overtime should not exceed 2 hours per day.

Payment of wages Workers’ wages must be paid once a month at least (or on the dates specified in the work contract if wages are paid more frequently than monthly) via the Wage Protection System.

Wages have to be paid monthly no later than 10 days after they are due. A written receipt must be provided.

Annual leave 30 days per year. 30 days per year.

Other requirements Construction and industrial workers are not permitted to work in direct sunlight during the hottest hours of the day (usually between 12:30 and 15:00) during the summer months (which are set every year between mid-June and mid-September).

30

Workers are entitled to 15 days of paid sick leave and an additional 15 days of sick leave at half–pay (with unpaid sick leave thereafter).

Workers must be given appropriate accommodation, medical care, food and work attire. Workers are entitled to 15 days of paid sick leave, 15 days of unpaid sick leave, and compensation for work-related injuries or illnesses.



Conciliation: amicable dispute resolution by MOHRE. If not settlement within 2 weeks of submission of the complaint, the MOHREcan refer the dispute to the competent court.

Judicial remedy: disputes which cannot be resolved by MOHRE can be brought to the Labour Court (or other civil courts). The court must, within 3 days from the date it receives the demand, fix a meeting to hear the suit where the parties to the dispute are declared. For domestic workers, no legal action to recover rights under the provisions of this law may be brought more than six months after the employment relationship has ended without a legal justification.

31

Sponsorship


With permission from employer: only after the worker has worked with the employer for 6 months (and after giving notice). Exceptions apply for workers categorized under Skill Levels 1, 2 or 3.

32

Without permission from employer: only after the term of the contract has expired (2 years) or:

• If the current employer has failed to meet their legal or contractual obligations;

• If the business has closed down, provided an inspection report attests it; or

• If a worker has a brought a successful complaint to the Labour Court against their current employer, provided that the final ruling attests that the worker is owned wages for no less than 2 months of work or indemnity for arbitrary or early termination or any other rights violated.

Penalties for non-compliance: An absconding charge can be made if the worker is absent for more than 7

With permission from employer: anytime

Without permission from employer: The worker can terminate the contract if the employer violates the obligations under the law, however it will be up to the MOHRE to decide whether the worker can switch to another employer, or must leave the country

Penalties for non-compliance: A worker will be found to have absconded if he/she did not report quitting his/her job within 48 hours. Workers who are

33

administratively deported due to ‘absconding’ charges are generally

30 Ministerial Decree No. 401 of 2015 Concerning the Determination of Midday Working Hours. 31 Article 8, Federal Law No. 10 of 2017 on Support Service Workers 32 Pursuant to Resolution 766 of 2015, workers cannot terminate the contract before completion of 6 months without incurring a labour ban of up to one year, unless they qualify as skill level 1 (undergraduate degree or higher), 2 (diplomas in any field) and 3 (higher-secondary or high-school). 33 Employer must report any illegitimate absence within 5 days

consecutive days. Workers who are administratively deported due to ‘absconding’ charges are generally banned for life from returning to the UAE.

banned for life from returning to the UAE.


Lebanon Fact Sheet on Labour and Domestic Worker Laws


Domestic workers

Key Legislation Labour Code 1946. There is no law covering domestic workers in Lebanon. This section thus only covers the standard unified contract, as established by Unified Contract Decree No. 19/1, 2009, and governed by the Code of Contracts and Obligations

34

Recruitment Recruitment fees Charging recruitment fees to workers

is not explicitly prohibited under the law.

Recruitment agencies are prohibited from charging fees to workers.

35

Passport confiscation Confiscation of a workers’ passport is prohibited. 36

Working conditions Contract

An employment contract may be in writing or verbal. Written contracts should be in Arabic but may be translated to another language if the worker does not know Arabic.

The contract must be in writing in the standard form specified. It must be in Arabic but can include a translation. The contract enters into forced once signed (in Arabic) before a notary public.

Minimum wage Minimum wage of LBP675,000 (US$ 450).While the minimum wage legislation itself does not explicitly differentiate between nationals and migrants, in practice the official minimum wage applies to the Lebanese only.

Not applicable.

Working hours 9 hours a day 40 hours per week (cannot exceed 48 hours per week).

10 non-consecutive hours a day (accounting for 60 hours per week).

Rest periods Minimum of 1 hour for every consecutive 6 hours for men, or 5 hours for women. A consecutive 9 hours rest period must be permitted every 24 hours.

A weekly rest of no less than 24 consecutive hours, the conditions of which need to be agreed upon between both parties. There must be a daily 8 hours of continuous rest at night.

Overtime Overtime is paid at a rate of 150per cent of normal pay.

None specified.

Payment of wages At least monthly (or by agreement in case of piece work).

Wages must be paid monthly without ‘unjustified delay’. The salary must be paid in cash or bank transfer and a written receipt must be provided.

Annual leave 15 days every year. Sick leave is fixed depending on the period of service between 15 days for service between 3 months – 2 years; and 2.5 months

6 days per year. Sick leave of half a month with pay and half a month with half pay (based on medical report.

37

34 1962 Law regulating the entry of foreigners into Lebanon, their stay and their exit from Lebanon, Decree No. 17561 of 1964 regulating the work of foreigners and Decision no. 136 of 1969 regulating the proof of residence of foreigners in Lebanon. 35 Order number 1/1, governing the work of placement agencies, 2011. 36 Previous judgements regarding passport confiscation have relied on Articles 670 to 673 of the Lebanese Criminal Code. 37 Only in relation to sickness not derived from the domestic worker’s service.

for those with more than 10 years’ service.

Other requirements Not applicable. The employer must allow the worker to receive telephone calls and to communicate with his/her parents once per month at the employers cost. The employer must provide food, clothing, and accommodation, which respect the worker’s dignity and right to privacy. The employer must guarantee medical care and obtain an insurance policy in accordance with the special conditions prescribed by the Ministry of Labour

End of service gratuity One month per year of service (half a month for service of less than 1 year).

None provided.


Conciliation: Workers can apply for conciliation with the Ministry of Labour via a lawyer or in person at the MOL office. Conciliation is undertaken by a labour inspector and is free of charge.

38

Judicial remedy: Workers can bring an individual dispute to the Labour Arbitration Council, provided that it

39

is within the statute of limitations. 40

Conciliation: In theory, domestic workers can apply for conciliation through the Ministry of Labour, but it is not clear whether in practice this service is available for domestic workers.

41

Judicial remedy: While migrant domestic workers are not covered by Lebanon’s Labour Code they can nonetheless file a case in the Labour Arbitration Council which applies the ‘general law on contractual obligations’ and not the Labour Code.


There are shelters run by civil society organizations.


With no objection certificate: 42

anytime Without no objection certificate: only possible with the approval of the employer (in case of abuse, the worker can inform the General Security or MOL and then they decide whether to transfer the sponsorship) Penalty for non-compliance: Arrest and deportation. In some cases, the employer will be required to pay a fine.

With no objection certificate: anytime. Without no objection certificate: only possible with the approval of the employer (in case of abuse, or non-payment of wages for 3 months or more, the worker can inform the General Security or MOL and then they decide whether to transfer the sponsorship) Penalty for non-compliance: Arrest and deportation. In some cases, the employer will be required to pay a fine.

Leaving the country There is no requirement for an exit permit to leave the country.

38 Article 5 of the Ministerial Decision No. 2/13 dated March 16, 1996. The law does not specify any time limit on the MOL to close the matter pending before it. The labour inspector will explain to the worker their rights and will provide legal advice on how to resolve the matter. Both parties should be convened by the conciliator at an early date taking into consideration that the conciliation and investigation processes must be completed by applying the urgent procedures. 39 The Council is composed of a worker representative, an employer representative, a commissioner from the Department of Labour as well as a chief judge. There are several Labour Arbitration Councils – in Beirut, Mount Lebanon (Baabda), Tripoli, Saida and Zahle. 40 In case of dismissal, the employee has a time limit of one month starting from the date of notification; in the case of work accidents, the employee has a time limit of one year; otherwise, within 2 years. 41 Recruitment agencies are required by ministerial Decision No. 1/168 of 2015 to report disputes between workers and employers to the Ministry of Labour and to file a complaint 42 This is referred to as a ‘transfer’ procedure and completed via the public notaries. The term ‘no objection certificate’ is not used in Lebanon.

Oman Fact Sheet on Labour and Domestic Worker Laws


Domestic workers

Key Legislation

Labour Law, Royal Decree 35/2003 Ministerial Regulation No. 189 of 2004, on Labour Rules and Conditions for Domestic Employees; and Oman standard employment contract (2011).

43

Recruitment Recruitment fees Recruitment agencies are prohibited from charging fees to workers.

44

Passport confiscation Confiscation of a workers’ passport is prohibited, though this is not specifically stated in the labour law.

Working conditions Contract The contract must be issued in Arabic in

duplicate form, one copy for each party. The employment contract must be written in Arabic, signed by both parties.

45

Minimum wage There is a minimum salary for Omanis in the private sector (currently RO325 or USD845), however there is no minimum salary for migrant workers

46

Working hours 9 hours a day ;45 hours per week or, except during Ramadan.

None specified.

Rest periods Two weekly day off. 47

One weekly day off. Overtime Overtime compensation will depend on

whether the overtime is performed during weekly working days or weekly rest or national holidays. Overtime compensation is equal to 125 – 200 per cent of employee’s hourly basic wage but cannot exceed 12 hours.

None specified.

Payment of wages Wages must be paid at least on a monthly basis through the Wage Protection System to an accredited bank, within 7 days from the end of the period when wages become due. Late payments are subject to a penalty of OMR100 (US$260) per employee.

Monthly wages in be paid in OMR, within seven days of the end of each month, with a worker signed receipt.

Annual leave 30 days upon completion of one year of service.

According to the Unified Contract, 30 days of paid leave every two years, including a round-trip travel ticket.

Other requirements During summer (June – August) employers must not force their employees to carry out any sort of work under direct sunlight during the middle of the day (usually 12:30 – 3:30pm).

48

The employer must provide appropriate room and board, as well as local medical care.

43 However, the 2004 regulations provide no penalties so effectively guidance rather than enforceable labour protections under law. 44 Ministerial Decision No. 1 of 2011 on Issuing the Regulations for Recruiting Non-Omani Workforce. 45 If the contract is in a language other than Arabic, a copy must be appended in Arabic. 46 Comprising RO225 minimum basic salary and RO100 as minimum allowance 47 Art 71. 48 Article 16/3-3 of Ministerial Resolution No. 286/2008 as amended by Ministerial Resolution No. 322/2011.

End of service gratuity 15 days basic salary for each year of

service between 1-3 years; and 30 days per year for 3 years or more.

Not specified.


Conciliation: disputes must be registered with the Ministry of Manpower and should – according to the regulations - be resolved within 15 days. Judicial remedy: Unresolved disputes can then be brought to the Primary Court, where there can be several hearings until a judgement is delivered. Verdicts can be challenged in the appeal court.

49

Conciliation: disputes must be registered with the Ministry of Manpower and should – according to the regulations - be resolved within 15 days. If a settlement is reached, it must document it and monitor its execution. Judicial remedy: Unresolved disputes (or where either party refuses to execute the settlement) can then be brought to the Primary Court, where there can be several hearings until a judgement is delivered. Verdicts can be challenged in the appeal court.


Shelter for female victims of trafficking but no specific shelters for domestic workers who face abuse.


With no objection certificate: anytime. Without no objection certificate: transfer only possible after two years of service with the employer (and with approval from Directorate General of Labour). Penalty for non-compliance: employers can file absconding charges however workers have 60 days from the absconding notice to object to the charge by submitting evidence. If the charge is not disputed, the worker shall be fined between OMR400 ($1,040) and OMR800 ($2079) and could be deported and banned from re-entering Oman.

50


49 In 2017, the Government of Oman announced that it will create a special court to deal with labour disputes to minimise the time it takes to resolve cases. At the time of writing in June 2018, this court had not yet been created. 50 Ministry of Manpower, Ministerial Decision 270 of 2018.

Jordan Fact Sheet on Labour and Domestic Worker Laws


Domestic workers

Key Legislation Jordan Labour Code of 1996 and the Interim Act No. 26 of 2010.

Regulation No 90/2009 of Domestic Workers, Cooks, Gardeners and Similar Categories

Recruitment Recruitment fees There is no general prohibition on payment of

recruitment fees by workers, except for the Qualified Industrial Zones (QIZs) sector where workers should not pay any fees except the “fees stipulated by the law in the country of origin of the worker”.

51

Recruitment agencies are prohibited from charging fees to workers.

52

Passport confiscation Confiscation of a worker’s passport is prohibited. 53

Contract An employment contract may be in writing or

verbal. Written contracts should be in Arabic, with copies provided for both the employer and worker. If a worker does not understand Arabic, a copy of the contract must be made in a foreign language.

An employment contract must be made in writing in four copies in Arabic and in a language the worker understands (the employer, the worker, the Ministry of Labour and the recruitment agency shall each have a copy).

Minimum wage The minimum wage is 220JD (310USD) for nationals and 150JOD (210USD) for migrant workers, except for migrant workers in the QIZs.

54

None applicable.

Working hours 8 hours per day (excluding breaks), 48 hours per week. However, up to 11 hours per day is acceptable so long as the total regular hours do not exceed 48 hours per week.

8 hours per day (excluding breaks)

Rest periods Workers must get a weekly holiday (normally Friday) as well as on official national holidays.

55

Workers must get a weekly day off on a day agreed between the worker and employer. The worker shall have sleep time of no less than 8 hours per day.

Overtime Overtime must be paid as follows: • 125per cent of normal wages for all ordinary overtime hours worked. • 150per cent of normal wages for all overtime hours worked on weekly rest days, religious feasts, and public holidays

Overtime is not provided in the law.

51 Instructions for the conditions and procedures of bringing and employing non-Jordanian workers in the QIZs, article 3(a). Additionally, along with their work permit application, employers in the QIZs must submit a certificate authenticated by the worker’s embassy stating that the worker has been recruited through a licensed recruitment agency and that s/he has not paid any fees along with a certified copy of the job announcement published in a newspaper in the worker’s home country outlining the terms and conditions of employment 52 Regulation No. 12 of 2015 on the organization of the private offices of recruiting non-Jordanian house workers, issued pursuant to paragraphs B and C of article 10 of the Labour Law No. 8 of 1996. 53 Passport Act No 2 of 1969. 54 For workers in the QIZs the minimum wage is 125 JOD (USD 177) plus 95 JOD (USD 134) comprising in-kind wages (food and accommodation). 55 With the employer’s consent, workers may accumulate weekly rest days so long as they are used within one month.

Payment of wages The wage may be paid in cash or in kind within

seven days of becoming due. 56

Wages must be paid monthly. The employer must keep evidence of the salary payment.

Annual leave 14 days of fully paid annual leave each year and 14 days sick leave. Workers who have worked with the same employer for five years or longer are entitled to at least 21 days of annual leave. Those who have worked for less than one year are entitled to paid leave calculated in proportion to the period of employment for that year.

57

14 days of fully paid annual leave each year. 14 days sick leave.

Other requirements Women may not work between 10:00 pm and 06:00 am. Exceptions require a decision from the Minister of Labour. The rest period for women must be at least 10 hours between each working day.

58

The worker is entitled to call his/her family abroad at the expense of the employer once a month. The worker is entitled to make extra calls at his/her expense and exchange letters. The employer must purchase the worker’s return ticket to the country of origin after two years of employment.

End of service gratuity If the worker is not covered under social security, he/she is entitled to a payment of

59

one month for every year of service (Provision 32).

Not covered in the law.


Conciliation: Labour inspectors from the Ministry of Labour can receive and help to mediate individual labour disputes. Judicial remedy: Individual labour disputes (except those relating to wages) can be made to the Magistrate Court Complaints and should be considered within three months of filing. Labour cases are exempt from court fees the first time they are filed. Disputes can also be filed with the Labour Court.

60

Conciliation: Either the employer or the worker may make a complaint to the Domestic Workers Department in the Ministry of Labour. In such cases, the Ministry must take the following steps:

● Summon the employer and worker for amicable settlement

● If the complaint relates to accommodation, inspect for compliance (two labour

56 Wages include all entitlements provided for under the law, employment contract, or bylaws, such as: • cash or in kind housing allowance • allowances for Fridays and official holidays • medical allowance (medical insurance) • life insurance allowance • technical, specialist, and liability allowance • monthly or annual allowances, and • food allowances. 57 Workers are entitled to an additional 14 days of paid leave per year if they: • participate in a labour education course approved by the Ministry of Labour or the General Federation of Trade Unions, or • go on pilgrimage (only once during their period of employment, after 5 years of continuous service). 58 Minister of Labour Decision in Respect to Activities and Times During Which it is Prohibited to Employ Women, 2010. 59 Although all types of social insurances are provided to all workers (except public workers and military workers), most migrant workers are not eligible under Social Security Law No. 1 of 2014 because the following conditions should be met for the migrant worker to claim unemployment insurance: 1- valid work permit, 2- valid residency permit and 3- migrant should not leave Jordan for more than 7 days. 60 The Labour Court consists of three judges appointed by the Judicial Council to settle the dispute. The court is required to review the case within seven days of referral, and issue a decision within 30 days. The decision is not subject to appeal, and must be published in a local newspaper.

inspectors, male and female, with consent of the employer)

61

● The employer may be required to correct the violation within one week of notification. Failure to comply would result in fines and other measures under the Labour Code.

Judicial remedy: Workers may file a dispute with the courts.


Ministry of Social Development shelter (“Al Karamah Shelter”) and a shelter run by the Jordanian Women’s union for victims of trafficking (and shelters in certain embassies).


With no objection certificate: can transfer to another employer anytime or terminate contract. Without no objection certificate: only after one year of service (except for QIZ workers). Penalty for non-compliance: overstay penalties and/or deportation.

With no objection certificate: can transfer to another employer anytime or terminate contract. Without no objection certificate: after two years of service. Penalty for non-compliance: overstay penalties and/or deportation.


61 The Minister has the right to take necessary measures in case the employer does not approve of the inspection.

saudi arabia - migrant-rights.org · without permission from employer , only in the following...

Documents