‘Are there laws to protect domestic workers in Saudi Arabia?’

Question: We are soon to move from Dubai to Saudi Arabia for my husband’s work. Our domestic helper will not be coming with us, so I want to employ someone in Saudi Arabia to assist with my three children. I have been told there are no laws in place to protect helpers, and a friend says they all work every single day without a break . I would like to give my domestic helper a typical working schedule with a day off each week, but am worried about expectations. What are the laws? SS, Dubai Answer: Saudi Arabia has laws in place to protect domestic staff and these were clarified and updated in October 2023. The law says that the helper must be a minimum of 21 years of age. Contracts must be written to a template issued by the Saudi Ministry of Human Resources with dates according to the Gregorian calendar for clarity. A probation period of no more than 90 days is required, and payment to domestic workers must be given priority. The employer/sponsor must not retain the domestic worker's passport. They must also provide suitable accommodation and food and bear all costs of employing the worker. In addition, the maximum daily working hours are set at 10, with the employee entitled to a full 24 hours of rest each week, meaning a full day off. These terms are being enforced and any contract that contradicts the government rules to the detriment of the employee will be considered invalid. If the laws are broken, a complaint can be made to the Ministry of Human Resources and Emiratisation. Penalties are listed for an employer who contravenes the rules, and includes fines and a ban on employing other domestic staff. Q: I have two credit cards but am behind with my payments as my employer is late in paying me. I have filed a complaint with the Ministry of Human Resources and Emiratisation but that has not been settled, so I am awaiting payment. I have left the job and returned home to the Philippines. I have been offered a new job but will I have problems on my return to the UAE? Once I start working again, I will be able to make the credit card payment. MS, Philippines A: When a person has missed payments on a credit card, they are in breach of the terms and conditions that they agreed to while taking it out. The bank will be chasing for the overdue payments, but they cannot take any legal action until three months of payments have been missed. MS has not advised if he has been in touch with the bank to explain the situation, which is a recommended course of action. Any amount that can be paid, even if not the full minimum monthly amount, is a good idea and shows goodwill. Once three months of repayments have been missed, the bank is permitted to take further action and can register a police case against the individual. They can also request a travel ban and that will mean that if MS arrives at a UAE airport, he will be detained at immigration. He will need to check whether any action has been taken before flying. He should contact the bank to ask and start a discussion about repayment. If MS was resident in Dubai, he can check through the Dubai Police app and will require his Emirates ID card number to do so. If he was resident in Abu Dhabi, he can check using the Estafar facility on the Abu Dhabi Judicial Department website . The alternative option, and for other emirates, is to check through the Public Prosecution website . While credit cards are useful, they should not be used to supplement a lifestyle, although I appreciate the difficulties when an employer fails to meet their obligations. Ideally, people should repay cards in full as soon as possible to avoid issues. Q: What is the law about public holidays that fall on a person’s day off? Can they have a day off in lieu? My usual days off are Sunday and Monday, so I feel I have missed out. RB, Abu Dhabi A: The UAE has a number of fixed public holidays that fall on specific dates, as well as some that are subject to moon sightings, so the dates vary each year. If the confirmed public holiday falls on a day when an employee is not scheduled to work, they are not entitled to a day off in lieu. It can be unfortunate when this happens, but the days tend to average out over time. The only time an employee is entitled to time off in lieu is if they are asked to work on a public holiday that is their normal working day. Keren Bobker is an independent financial adviser and senior partner with Holborn Assets in Dubai, with more than 30 years’ experience. Contact her at keren@holbornassets.com or at www.financialuae.com The advice provided in our columns does not constitute legal advice and is provided for information only