Saudi Arabia’s Ministry of Human Resources and Social Development has published a draft amendment to the Domestic Workers Regulation for public consultation on its “Istitlaa” platform, proposing a comprehensive set of rules governing the employment of domestic workers in the Kingdom.
Key Provisions
Age and Recruitment Restrictions
The draft prohibits the employment of workers under the age of 21 and requires prior ministerial approval before recruiting domestic workers, subject to conditions set by the ministry.
Employment Contracts
Under the proposed regulation, contracts must be fixed-term. If no duration is specified, the contract is deemed to be for one year, renewable from the date work begins. Arabic is designated as the official language of the contract, with a translation required in the worker’s native language. Contracts must be registered on an approved digital platform, though unregistered contracts remain legally valid, and workers may use any available means to prove their rights.
Probationary Period
Workers would be subject to a 90-day probationary period, during which either party may terminate the contract unilaterally. A worker may not be placed on probation more than once by the same employer, unless both parties agree the worker will perform a different type of work.
Working Hours and Rest
The draft caps daily working hours at 10, with no more than five consecutive hours without a break of at least 30 minutes for rest, prayer, or meals. Workers are entitled to a minimum of eight continuous hours of rest per day.
Workers are also entitled to one paid weekly rest day of no fewer than 24 hours. If required to work on that day, they must receive either a substitute rest day or financial compensation. Sick leave is capped at 30 days per year, consecutive or intermittent, subject to a medical report.
Employers would be required to pay wages monthly through ministry-approved channels. Deductions from wages are limited to specific cases — including intentional damage to property or advances received — and may not exceed one-quarter of the monthly wage.
Contract Termination
The draft outlines seven grounds for contract termination, including expiry of contract duration, mutual agreement, death or incapacity of either party, force majeure, and reaching the age of 60, unless both parties agree otherwise.
Worker-initiated termination: A domestic worker may end the contract while retaining all legal entitlements in cases including the employer’s failure to meet contractual obligations, fraud at the time of contracting, physical or psychological abuse, assignment to hazardous tasks, or being subcontracted to a third party.
Employer-initiated termination without end-of-service benefits: Employers may terminate without paying end-of-service gratuity if the worker breaches core contractual duties, abandons work without legitimate cause, causes intentional financial harm to the employer, or commits an act of dishonesty or assault.
Financial Entitlements and Dispute Resolution
Where no specific compensation for unlawful termination is stipulated in the contract, the aggrieved party is entitled to compensation equivalent to a maximum of two months’ wages.
Upon contract termination, the employer must settle all dues within one week. If the worker initiates termination, the employer has two weeks to settle all dues. The worker bears return costs only if they terminate the contract without a valid reason.
Amounts owed to workers or their heirs are classified as priority debts of the first degree over the employer’s assets. Claims related to rights under the regulation must be filed within 12 months of the contract’s end date.
Disputes may be submitted to the ministry for amicable settlement. If amicable settlement fails, the case is referred to the Labor Court.
Employer Obligations
Employers are required to provide a safe and healthy working environment, refrain from exposing workers to physical or psychological harm, and supply appropriate personal protective equipment.
Upon termination, employers must issue a service certificate upon request — free of charge — including employment dates, job title, and final salary. The certificate may not contain any language that could damage the worker’s reputation or reduce future employment prospects. All personal documents held by the employer must be returned to the worker.
In the event of a worker’s death during the contract period, the employer is responsible for the costs of preparing and repatriating the body, unless burial within the Kingdom is agreed upon by the worker’s family.