Updated on 09-02-2024
- What is key legislation governing migrant workers in Saudi Arabia ?
For domestic workers, Ministerial Decision No. 310/1434 (2013) Regulating the Employment of Domestic Workers. Note: This will be replaced by Ministerial Decision No. 40676/1445, which comes into effect 21 September 2024.
For other workers (private sector), Labour Law approved by Royal Decree M/51 of 1426 (2005); and its Implementing Regulations.
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- Who pays for recruitment fees of workers?
Charging recruitment fees to domestic workers is not explicitly prohibited, but employers cannot deduct recruitment fees from workers’ wages.
For other workers (private sector), the employer shall bear the recruitment fees and the residence permit and work permit fees of the worker.
- Who keeps the passport of workers?
Employers are not explicitly prohibited from confiscating a domestic worker’s passport.
For other workers (private sector), employers are prohibited from confiscating migrant workers’ passports. Such confiscation is subject to a 5,000 riyal (US$1,300) fine.
- What workers need to know about their employment contract?
A written employment contract in Arabic is considered the official version in case of dispute. The Ministry of Human Resource and Social Development (MHRSD) is required to set a standard form for the employment contract. For domestic workers, a written employment contract, in Arabic, is considered the official version in case of dispute.
- What is the minimum wage?
Not specified by law.
- What are the rules of working hours?
The Rule: Eight hours per day, or 48 hours per week.
Exceptions: During the month of Ramadan, the working hours for Muslims shall be reduced to 6 hours per day, or 36 hours per week. Working hours may be increased to 9 hours per day or decreased to 7 hours per day for some categories of workers. Workers are entitled to 30-minute breaks for rest, prayer and meals for every five hours worked.
For domestic workers, up to 15 hours per day, including breaks. Break time is not specified, but the total daily rest period should be at least nine hours.
- How long is the rest period for workers?
Weekly day off on Friday. However, the employer may – after notifying the MHRSD – replace Friday by any other day for some workers, provided that the employer allows the worker to perform their religious duties. In remote areas and in jobs where conditions require “continuous work”, weekly rest periods may be consolidated for up to eight weeks, upon mutual agreement between employers and workers. Such an agreement is subject to MHRSD approval. In some limited cases, the MHRSD may determine professionals who necessitate continuation of work without a rest period for technical or operational purposes.
For domestic workers, One day per week.
- What is the rule for overtime payment?
Overtime is paid at a rate of 150 per cent of the basic hourly wage. All working hours spent during holidays will be considered as overtime hours.
For domestic workers, it is not specified by law.
- When and how do workers have to receive their wages?
Wages must be paid monthly through the Wage Protection System to an accredited bank.
For domestic workers, Wages must be paid by the end of the Islamic calendar month, unless contractually agreed otherwise. Employers should, upon the worker’s request, either pay in cash, by cheque or by deposit of the wage in a bank account. Domestic workers are not included in the Wage Protection System, but all employers must register for the Household Payroll Card, under which workers can withdraw their salary via an ATM.
- How long is the annual leave days for workers?
For domestic workers, 30 days every two years.
For other workers, during the first five years 21 days of annual leave. For subsequent years 30 days of annual leave.
- What are the rules of Occupational Safety and Health including accommodation for workers?
Working outdoors is prohibited between 12.00 p.m. and 3.00 p.m. in summer, usually from 15 June through 15 September, except for oil and gas workers. Violations can be reported through the unified number 19911 or through the MHRSD mobile application.
Domestic Workers must be provided with suitable accommodation.
- Who provide medical insurance coverage?
Employers to provide and finance private cooperative health insurance coverage for expatriate employees and their dependents. Residency permits cannot be issued in the absence of such coverage.
For domestic workers, Insurance coverage is not specified by law at present, but the worker must be provided with healthcare by the employer. [Under new framework from September 2024, employers will be expected to provide medical health insurance.]
- What are workers’ rights for sickness leave and pay?
Workers are entitled to 30 days of sick leave at full pay; 60 days of sick leave at three-quarters pay; and 30 days of unpaid leave per year thereafter.
For domestic workers, 30 days of paid sick leave per year based on a medical report proving the need for leave.
- Do workers receive unemployment benefits?
Not specified by law.
- What are the employment injury benefits?
All costs related to treatment of a work injury or occupational disease to be borne by the employer. In the event of temporary disability, the worker is to receive full pay for the first 60 days of treatment and thereafter is to be paid three-quarters of their wage for the remainder of their treatment, or 6 months, or until the worker is determined to have a total disability, whichever comes first. In the event of permanent or total disability or death, the worker (or their heirs) will be entitled to compensation equivalent to 3 years of wages (at no less than 54,000 riyals, or US$14,400). If the injury results in a permanent partial disability, the injured person is entitled to compensation equal to the percentage of the estimated disability in accordance with the approved disability percentage guide schedule multiplied by the amount of compensation for permanent total disability. The General Organization for Social Insurance (GOSI) covers workplace injuries, and its regulations apply to compensation. Employers contribute 2 per cent of the employee’s basic salary and housing allowance for workplace injury coverage.
While for domestic workers, Not specified by law at present.[Under the new framework from September 2024, as per insurance policy.
- Do migrant workers receive old-age, natural disability, death and survivors’ benefit insurance coverage?
No old-age, natural disability, death or survivors’ benefits are provided for migrant workers by law. However, there is a statutory benefit of an end-of service gratuity that is determined as follows: During the first five years Half a month’s wage per year. For subsequent years, One month’s wage per year. End of service gratuity is reduced if the employee resigns with less than 10 years of service. For domestic workers, One month’s wage for every four consecutive years of service.
- Are migrant workers entitled to maternity leave and protection?
Maternity leave – 10 weeks of maternity leave at full pay to be distributed as the worker wishes, but with a maximum of 4 weeks to be taken immediately before the expected date of delivery. Worker also may not work during the first 6 weeks after delivery. There is no minimum length of service required to secure leave. Worker may take an additional month of unpaid leave if she chooses. If the baby is ill or disabled then the mother is entitled to another month of paid leave. Maternity protection – Employer shall provide medical care to the employee during pregnancy and childbirth. Employee may not be terminated during her pregnancy or maternity leave, including any period of sick leave resulting from her pregnancy, up to 180 days in one year (consecutive or nonconsecutive days).
For domestic workers, Not specified by law. Parties to agree contractually.
- Can migrant workers join trade union?
Saudi workers are allowed to form workers’ committees in workplaces that employ more than 100 Saudi workers. Migrant workers are not able to join such committees.
- Are there any shelters and protection services provided to migrant workers?
The MHRSD operates a shelter in Riyadh to assist domestic workers in claiming their wages and returning home. Some countries of origin also operate embassy/consulate shelters.
- Can migrant workers change employers without permission of current employer?
Domestic workers can change employers without permission of current employer after two years of work with the employer. Domestic workers can change employers before two years if:
- The employer fails to pay the worker’s salary for three consecutive or intermittent months.
- The employer is not present to receive the worker when they arrive in the country, or does not “pick up” the worker within 15 days of arrival.
- The employer fails to obtain a residency permit or to renew the expired permit.
- The employer assigns the domestic worker to work for others (non-relatives).
- The employer requires the domestic worker to perform hazardous tasks.
- The employer files an “invalid complaint” that a worker has absconded.
- The employer fails to attend two sessions addressing a complaint filed by the worker.
In the event that a domestic worker quits their work, the employer must report this to the police station nearest to their home.
For other workers, From March 2021, workers covered by the Labour Law can change employers after one year, withoutthe permission of the first employer, subject to certain conditions being met, 39 including that the
new employer submits a job offer through the Qiwa platform, and that the contractual notice period is complied with. During the first year of service, termination of the contract by the worker without the permission of the employer will only be permissible in the following circumstances:
- During the trial or probationary period.
- The employer fails to renew the worker’s residency permit.
- If the employer fails to pay the worker’s wages for three consecutive months, the worker can change employers at any time during the year that follows the due date of the third month of delayed wages.
- The worker has denounced a commercial cover-up activity involving the employer, with evidence to this effect and without involvement on the worker’s own part.
The Ministry may, however, prevent a renewal of the worker’s work permit or prevent the transfer if the new employer violates the standards related to nationalization
- What should worker do to terminate job contract and to leave the country?
Domestic workers require an exit permit to leave the country.