STANDARD EMPLOYMENT CONTRACT
FOR FILIPINO HOUSEHOLD SERVICE WORKERS
(HSWs) BOUND FOR THE KINGDOM OF SAUDI ARABIA
The employment contract is executed and entered
into by and between the Employer, Employee, Philippine and Saudi based Agency.
Here are the at least 20 list that should be found in your contract as Household Service Workers in the Kingdom of Saudi Arabia.
1. Site of Employment or Location where you will be working: Jeddah, Dammam, Riyadh (Nakasaad sa kontrata ang lokasyon o city/town kung saan nagtratrabaho ang kasambahay)
2. Contract Duration: Two (2) years effective from the date of departure of the worker from the Philippines. The monthly salary shall start upon actual reporting to work. (Nakasaad sa kontrata kung ilang taon ang kontrata mula pag-alis ng kasambahay sa Pilipinas. Ang sahod ay nagsisimula sa unang araw ng pagpasok sa trabaho)
3. The Household Service Worker and the employer agree on a monthly salary of SAR______which is in accordance with the laws and regulations prevailing in both countries. (Ang kasambahay at ang employer ay nagkakasundo sa buwanang sahod kung ilan (SAR___) ayon sa batas at regulasyon na napagkasunduan ng bawat bansa)
4. The employer shall open a bank account for the HSW in KSA subject to SAMA rules and regulations and shall deposit regularly every end of the month the salary of the HSW to the said account. The passbook or deposit slip or their equivalent shall be given to the HSW and remain in his/her custody. The employer shall help the HSW to remit his/her salary through proper banking channels. (Ang employer ay magbubukas ng bank account na nakapangalan sa kasambahay sa Saudi Arabia ayun sa regulasyon ng SAMA o Saudi Arabian Monetary Agency at idedeposito ang sahod ng kasambahay kada katapusan ng buwan sa kanyang bank account. Ang passbook, atm at resibo ay ibibigay sa kasambahay at nasa kanyang pangangalaga. Ang employer ay tutulungan ang kasambahay na maipadala ang kanyang sahod sa mga remittance centers o bangko.)
5. The Household Service Worker shall be provided with continuous rest of at least (8) hours per day. (Ang kasambahay ay dapat na bibigyan ng hindi bababa sa (8) walong oras na pamamahinga)
6. Rest Day: At least one (1) rest day per week. (Ang kasambahay ay magkakaroon ng isang buong araw na pamamahinga sa isang linggo.)
7. Free transportation to the site of employment and back to the point of origin upon expiration of contract and ensure the worker's timely repatriation. In case of termination for reasons not attributable to the worker, the employer shall bear the cost of repatriation of the worker to the Philippines.
8. The employer shall provide the Household Service Worker suitable and sanitary living quarters as well as adequate food or equivalent monetary allowance.
9. For acceptable medical reasons, the HSW shall be allowed to rest and shall continue to receive his/her regular salary. The employer shall shoulder the medical expenses.
10. The HSW is entitled to return to the Philippines to spend his/her paid vacation leave of thirty (30) days for every two years of service with a round-trip economy class ticket. In case of his/her desire to continue working with the employer, he/she is entitled to an additional one-month salary.
11. In case of death, the employer is responsible for the repatriation of the HSW's remains and personal belongings to the Republic of the Philippines as soon as legally possible and without undue delay. In case the repatriation of remains is not possible, the same may be disposed of after obtaining the approval of one of the HSW's next of kin or by the Philippine Embassy.
12. In case of dispute between the employer and the HSW, the two contracting parties may refer the dispute to the appropriate Saudi authorities for conciliation and/or resolution.
13. In case the Household Service Worker runs away or refuses to work without valid causes, the Philippine recruitment agency shall be responsible in having him/her replaced or in returning the accrued cost of recruitment to his/her employer, as per agreement between the employer, the Saudi recruitment agency and the Philippine recruitment agency.
a) The responsibility of informing the employer regarding the departure and arrival of the HSW in the Kingdom of Saudi Arabia shall be that of the Philippine recruitment agency in coordination with the Saudi recruitment agency.
b) The employer and his family members, and the HSW shall treat one another with respect and dignity.
c) The HSW shall work solely for the employer and his immediate household.
d) The employer shall not deduct any amount from the regular salary of the Household Service Worker. In case of deductions for lawful reasons, such deductions must be reflected in the HSW's pay slip.
e) The employer shall pay the cost of the Household Service Worker's residence permit (iqama), exit/re-entry visa, and final exit visa, including the renewals and penalties resulting from delays.
f) The passport and work permit (iqama) of the worker shall remain in his/her possession.
g) The Household Service Worker shall be allowed to freely communicate with his/her family and the Philippine Embassy / Consulate on his/her personal expense or account.
h) The employer shall explain to the members of his household the provisions of this contract and ensure that these are observed.
15. Any provision of this Standard Employment Contract may be altered, amended or substituted through the Saudi-Philippine Joint Technical Working Committee.
16.The worker shall be repatriated at the employer's expense in the event of war, civil disturbance or major natural calamity, or in case the worker suffers from serious illness or work injury medically proven to render him/her incapable of completing the contract.
17. After the expiration of the contract and the HSW desires to return the Philippines, the employer shall present the bank statement of the HSW to the Saudi recruitment agency, and the employer and the worker shall then sign a final settlement. Such bank statement and
proof of settlement may be submitted as evidence in the Philippines and in the KSA.
18.This contract may be renewed upon the agreement of the worker and his/her employer. Should the contract be renewed, a copy of the renewed iqama shall be submitted to the Philippine Embassy/Consulate by the employer or Saudi recruitment agency.
19. This contract shall be written in two original copies in the English and Arabic text, both copies being equally authentic
20. Embedded is the copy below:
The agreement includes the following:
1. A mutually acceptable recruitment and deployment system;
2. The recruitment of domestic workers through agencies that practice ethical recruitment and are licensed by their respective governments;
3. Prohibition of charging or deducting any cost attendant to recruitment and deployment from the worker's salary;
4. The right of recourse to authorities in case of contractual disputes in accordance with applicable laws and regulations;
5. Legal measures against recruitment offices, companies or agencies for any violation of applicable laws, rules and regulations; and
6. Resolution of any issue arising from the implementation and enforcement of the agreement.
The agreement stipulates that an HSW receives a minimum monthly salary of SR 1,500, weekly rest days and daily rest periods, paid vacation leave, non-withholding of passports and work permits, free communication and humane treatment.
The agreement establishes specific responsibilities of the Kingdom and the Philippines.
For Saudi Arabia, these include:
• authenticity of the employment contract,
• opening of a bank account in the name of the domestic worker,
• a 24-hour mechanism for domestic workers' assistance,
• expeditious settlement of labor contract violation cases, and
• facilitation of exit visas for repatriation upon contract completion or during emergency situations.
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