SAUDI’S MIGRANT WORKERS LAW

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Context: Saudi Arabia is set to introduce a new law for migrant domestic workers (MDWs) in September 2024, to improve their working conditions. 

Saudi Arabia ●It is bordered by the Red Sea to the west, Jordan, Iraq, Kuwait to the north, the Persian Gulf, Bahrain, Qatar, the United Arab Emirates to the east, Oman to the southeast, and Yemen to the south. ●The Gulf of Aqaba separates Saudi Arabia from Egypt and Israel. ●Rub' al Khali located in the southeastern part, is the world's largest contiguous sand desert. ●It is the world's third-largest oil producer and controls the world's second-largest oil and gas reserves.

Key Features of the New Law

• Working Hours and Time Off: The new law limits working hours to a maximum of 10 hours per day and guarantees a weekly day off.
• Protection of Identity Documents: Employers are prohibited from confiscating MDWs' identity documents.
• Rights to Communication: Workers will have the right to communicate freely.
• Contract Termination: MDWs can terminate their contracts without losing their entitlements under certain conditions.
• Compensation for Unjust Termination: Workers are entitled to compensation if they are terminated unfairly.
• Annual Leave: Workers are entitled to one month of paid leave each year.
• Return Ticket: Employers must cover the cost of the worker’s annual return ticket.
• Insurance: All new MDW contracts will include insurance to protect both workers and employers. This cost is included in the recruitment fees.
• Wages Protection System (WPS): From July 2024, all new MDWs will be included in the WPS, which ensures that wages are paid regularly. Existing MDWs will be covered by the end of 2025.
  

Migrant Domestic Workers in Saudi Arabia As of early 2024, Saudi Arabia employs approximately 3.9 million migrant domestic workers, with a significant proportion being Indian. The key challenges they face include: ●Low Wages: Many workers are paid below the minimum wage, and overtime is often unpaid. ●Lack of Protection: The exclusion of MDWs from labour laws means there are gaps in protection, including insufficient oversight of wages and working conditions. ●Recruitment Regulations: Indian workers are recruited through the eMigrate system and are subject to a minimum referral wage. However, consular support is often limited, focusing mainly on repatriation rather than ensuring workers' rights and entitlements.

Challenges with the Current System

• Implementation Issues: Saudi Arabia has a poor track record of enforcing laws meant to protect migrant workers. Violations such as wage theft and exploitation are common, and employers are rarely held accountable.
• Restricted Mobility: MDWs, especially women, cannot leave their employer’s household without permission and risk being reported as absconding (huroob), which can lead to severe consequences.
• Limited Access to Justice: Language barriers, lack of labour inspections, and restricted communication access make it difficult for workers to report abuses and for authorities to monitor the effectiveness of reforms.
  

The Kafala System The Kafala system is an employer-tied visa system that exacerbates the vulnerability of migrant workers: ●Control by Employers: Workers are dependent on their employers for visa status, which can lead to extreme exploitation as employers have significant control over their workers' lives. ●Recruitment Costs: Employers often pay high recruitment fees (between $2,000 and $5,000) and may treat workers as if they have ‘bought’ them, rather than as individuals providing services. ●Bonded Labor: The combination of Kafala and the lack of labour law protections creates conditions akin to bonded labour, where workers face severe restrictions and exploitation.

Conclusion

• The new Saudi law for migrant domestic workers includes several positive features, but it is still uncertain whether these changes will be effectively implemented. Persistent issues related to the Kafala system and the enforcement of labour protections continue to pose significant challenges for Migrant Domestic Workers (MDWs).

Must Read Articles:

India-Saudi Arabia Strategic Partnership Council

Source:

The Hindu

Wikipedia

PRACTICE QUESTION Q. How many of the following countries share a land border with Saudi Arabia? 1. Iraq 2. Jordan 3. Yemen 4. Oman 5. Egypt Select the correct answer using the codes given below: A) Only two B) Only three C) Only four D) All five  Answer: C