7.11.2011

RECRUITMENT BAN ON DOMESTIC WORKERS FROM INDONESIA AND PHILIPPINES - SAUDI LABOR LAW 2011

My daughter is working in JEDDAH as a housemaid with a Saudi family. As per news’s spreading in my country that, all housemaids will be sent back from KSA as per the new decision taken by Saudi Arabia. What is the truth in this news’s? The new labor law updates (NITAQAT) will affect my daughter? What will be the fate of my daughter? Could you please give me a clear picture? Guen Sonaa, Mandaluyong, Philippines.

As per the statements of Labor Ministry, the ban will not affect the housemaids who are working at present in KSA. They can renew their Iqama, re-entry as usual. Saudi Arabia decided to stop ‘issuing of new visa for ‘new housemaids’ only from two countries i.e., Philippines and Indonesia. This ‘ban’ is with effect from 2 July 2011. On this date onwards, KSA will not issue work visas for housemaids from these two countries. This ban will not applicable for the housemaids from the other countries. Even though this decision was in a quick manner but Indonesia and Philippines expected something worst because those were trying to impose strict requirements and "unfair" regulatory provisions (as per Saudi authorities) and new hiring guidelines on KSA.

It is not advisable to go for vacation or approach for officials for Exit-Re entry etc in this situation.

As per Article 7 (2) of Saudi Labor Law, the ‘Domestic helpers’ shall be exempted from the implementation from the labor law. So the implementation of NITAQAT will not affect your daughter.

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(For your information: Most domestic workers in Saudi Arabia are recruited from Indonesia, the Philippines, and Sri Lanka. Egypt doesn’t allow women to travel to the Kingdom to work as maids. Pakistani and Indian maids in Saudi Arabia are not common. Many of these women alleged that they have routinely been subjected to many kind of harassments i.e., emotional, sexual and physical abuse by their Saudi employers. Sadly, most of these maids were recruited by employment agencies in their home countries, but they have little knowledge in regard to where they were going or what would be expected of them. Saudi Arabia vehemently denied the reports in regard to the abuse of housemaids.

The cause of sudden provocation from the part of the Saudi Arabia was, Indonesia imposed a moratorium on the export of labor to Saudi Arabia w.e.f August 1, 2011 after an Indonesian housemaid was beheaded by Saudi Arabia after she was convicted of murdering her Saudi employer. RUYATI BINTI SAPUBI, 54, was beheaded in KSA after she confessed to murdering her Saudi Arabian employer, who she said abused her. Indonesian officials complained they were not informed before the execution.

Saudi's decision to recruitment ban on hiring Filipino domestic workers is reportedly as a result of the breakdown on the negotiations between the two countries. Saudi Arabia and the Philippines have deference in opinion in the past over the working conditions of the domestic workers. Earlier this year Philippines asked Saudi Arabia to guarantee higher pay for housemaids but the request was rejected. Under Philippine law, overseas Filipino workers must sign contracts that offer a minimum wage equivalent to $400 a month, but Saudi authorities insist on $210, or about SR780 a month. On April 27, the Kingdom had sent a delegation to the Philippines to negotiate the labor dispute, but talks broke down.

According to data from Bank Indonesia, the number of Indonesian workers sent to the Kingdom of Saudi Arabia in 2010 is 228,890. Moreover employment agencies are sending more than 80,000 Indonesian maids to Saudi Arabia every year. Approximately 70% of the 1.2 million Indonesian workers in the Kingdom of Saudi Arabia are employed as domestic helpers like house drivers, housemaids etc. As per Saudi recruiters, Indonesian recruiters now demanded SR.10,000 for one Indonesian domestic worker, which is considered relatively very high.

Reliable sources have calculated that there are three million Indonesian workers in the Kingdom. Among this total 1.2 million earning a monthly salary of SR.1,000 a month. Their annual remittances to their home country are about SR40 billion.

The same sources said there are 800,000 Filipino workers earning on average SR.1,300 a month; with total annual remittances of SR.25 billion to their home country. Based on estimates from the Philippine government, there are more than 1.2 million Filipinos working in Saudi Arabia, of which about 15 percent or 180,000 are domestic workers such as house maids and house drivers. Saudi Arabia is the top destination for Overseas Filipino Workers and fourth in the deployment of domestic workers since 2003 to 2010. It is estimated that the two countries will lose a total of SR.65 billion in annual remittances.

As per Spokesman of the Ministry of Labor Hattab Al-Anzi, following the decision to stop maids from Indonesia and the Philippines, Kingdom's next choice for housemaids are recruitment from countries like Bangladesh, Ethiopia, India, Nepal, Eritrea, Sri Lanka, Bangladesh, Mali and Kenya.)