Okaz/Saudi Gazette

JEDDAH — Thailand will soon send domestic workers to Saudi Arabia as part of a deal reached between the two countries. Okaz/Saudi Gazette has obtained details and salient features of the labor agreement concluded between the Saudi Ministry of Human Resources and Social Development and Ministry of Labor of Thailand.

The agreement, which was reviewed by Okaz/Saudi Gazette, showed that the Thai ministry would facilitate sending the hired domestic workers to the Kingdom within a period not exceeding one month from the date of receiving the visa. The two parties have worked to implement an acceptable system for hiring, sending and returning Thai domestic workers, and that is in accordance with international standards and the adoption of a unified employment contract for domestic workers, the texts of which are acceptable to the competent authorities in the two countries.

The agreement followed signing of a memorandum of understanding between the two countries earlier. Saudi Human Resources and Social Development Minister Ahmad Sulaiman Al Rajhi and Thai Labor Minister Suchart Chomklin have signed the MoU on the export of Thai labor in Riyadh in March this year.

There are provisions in the agreement to adopt all necessary measures to ensure the effective and ethical aspects while hiring domestic workers from Thailand to work legally in the Kingdom, as well as to protect the rights of both employers and domestic workers, and regulate the contractual relationship between them.

The agreement stressed the importance of ensuring the recruitment of domestic workers through regular channels, which includes employment offices, companies or agencies that practice employment with a license from the governments of the two countries. Priority will be given to the employment of Thai domestic workers through arrangements and oversight of the concerned parties, and regulation or endeavor to control recruitment costs.

The agreement clarified the need to ensure that employment offices, companies or agencies from the two countries, in addition to the employer, do not impose fees or deductions from the salary of the domestic worker in return for recruitment and employment costs. It is not allowed to impose any illegal deductions in wages.

Similarly, the rights of workers and employers shall be preserved to resort to the competent authorities to seek remedies in the event of any contractual dispute, in addition to taking legal measures against recruitment offices, companies or recruitment agencies in the event of any violation of applicable laws, rules and regulations.

The agreement stressed the need to resolve any problem arising from the implementation and application of any provision in the agreement, and the verification of labor contracts for the employment of Thai domestic workers before their departure from Thailand to work in the Kingdom, in accordance with the arrangements agreed upon between the two parties.

Thai ministry’s responsibilities

Article four of the agreement clearly spells out the responsibilities of the Ministry of Labor in Thailand. These include the provision of qualified and medically fit domestic workers in accordance with the requirements and specifications of the required job; ensuring that the proposed domestic worker does not have criminal background and that the worker possesses a labor contract duly signed by both the domestic worker and the employer before leaving for the Kingdom; domestic worker receiving appropriate training, and educating her about the Saudi customs and traditions as well as the terms and conditions of the employment contract.

Under the provisions of the agreement, the Thai ministry must instruct domestic workers to abide by the regulations, etiquette, customs and rules of conduct that are in force during their stay in the Kingdom, apart from ensuring that the workers complete the terms of their contracts in decent working conditions, in addition to taking the necessary action to facilitate sending the worker to the Kingdom within a period not exceeding one month from the date of receiving the visa.

There is an article in the agreement that stipulates facilitating the return of domestic workers to Thailand in the event that domestic workers violate contractual terms. The period of the agreement was set at five years, renewable for a similar period or periods unless one of the parties informs the other party in writing through diplomatic channels of its desire to terminate it two months before the date of expiry of the term of this agreement. Though this agreement ends, its provisions remain in force with regard to agreements and contracts concluded during the validity period of the agreement.

MHRSD’s responsibilities

According to the provisions of the agreement, the responsibilities of the Ministry of Human Resources included the recruitment; appointment and employment of domestic workers under this agreement in accordance with applicable laws, rules and regulations; ensuring that employment forms for Thai domestic workers are drawn up according to job specifications, required qualifications and types of jobs in which employment is proposed. Terms and conditions of offered jobs shall include wages, non-wage allowances, accommodation, transportation where applicable, and end-of-service benefits and any other relevant terms.

bank account for worker

The agreement clarifies the importance of having the terms and conditions of employment to work in the Kingdom included in an individual employment contract, both of which are the domestic worker and the employer, which will be signed by both contracting parties before domestic workers leave Thailand, in addition to ensuring the strengthening of protection and care for the rights of Thai domestic workers in the Kingdom, in accordance with the rules and regulations.

The agreement underlines the importance of ensuring the effective implementation of the employment contract between the domestic worker and the employer; and facilitating the opening of a bank account for the worker by the employer in the name of the domestic worker to deposit the monthly salary stipulated in the employment contract.

There should be a mechanism to provide assistance to the worker 24 hours a day, and providing effective and equitable procedures to assist employers and workers in the event of a dispute, and striving to facilitate the rapid settlement of disputes between workers and employers in cases of violation of the work contract, and other labor cases brought before the competent courts, in addition to facilitating the issuance of exit visas for domestic workers at the end of the contract, or in emergency situations or if the need arises.