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Showing posts with label Saudi Kasambahay Law. Show all posts
Showing posts with label Saudi Kasambahay Law. Show all posts

Saturday, January 09, 2016

IN THE MIDDLE EAST, WILL THEY ALLOW HOUSEHELP OR KASAMBAHAY TO USE MOBILE PHONE?


Saudi Gazette reported that in this age of infusion of technology and mobile phones selling like candies in the streets, the question arise if mobile phones will be allowed to be used by kasambahay especially here in the Middle East, and they're divided about the issue. 
While some Saudi women say allowing maids their right to have own mobile phones is fair, others believe cell phones in the hands of maids could open ways for them to escape.
Some Saudi housewives are against the idea of letting maids use mobile phones, but they are forced to permit maids to use them to keep them employed.
THOSE WHO AGREE WITH THE IDEA SAID
Kholoud Alturki, a Saudi teacher who has a Kenyan maid, said her maid has a mobile phone and that it was her right and quite normal.
One Saudi employee in the private sector, Maryam Rubi, said: “Since when have you started enslaving people who were born with their freedom? It is acceptable to let a maid use her mobile phone. Let her communicate and talk rather than put her negative energy on the small children under her care.”
WHILE THOSE WHO DISAGREE WITH THE IDEA SAYS:
“Because her contacts with people outside the house could give her the chance to escape, and if not she will be busy talking and may not do her work. How come the maids used to work in the old days without mobiles or phones? She should be allowed to use it on Fridays or her weekly holiday to talk to her family if it’s necessary,” Saudi student Shahd Ziyad said.
Sanaa, a Saudi housewife in her 50s, said she believed giving maids a phone was a problem as they would waste their time on it instead of doing their chores, yet families are forced to allow them to keep their mobile phones so that maids can reasonably communicate with others and keep in touch with their family members.
One Indonesian maid said she uses her cell phone and social media programs such as WhatsApp and Skype to communicate with her family during her free time, especially as these programs allow free calls.
She said her work is no way affected by her using a mobile phone.
“It is vital to let maids use mobile phones not only to talk to her friends and relatives but also for the purposes of her work. For example, if the maid went out with the kids, parents can call and follow up with the maid about their kids. It depends on the maid; if she utilizes the phone properly, her performance will not be affected,” said a Filipino maid in her 50s.
Abeer Al-Tamimi said the real danger of allowing your maid keep mobile phone lies  in family security. “The maid could photograph family members and send the pictures out. She may also divulge family secrets to outsiders and exchange phone numbers with other maids,” she said.
Al-Tamimi said she believed that after exchanging numbers, a maid could have the chance to know unneeded information, such as ways to steal from the home, sorcery and the idea of how to escape.
“To avoid these possible negativities, housewives should impose strict control over the maids’ use of mobile phones,” she said.
Source: Saudi Gazette
FOR US HERE, WE SAY.
LET THE HOUSEHOLD SERVICE WORKERS KEEP MOBILE PHONE.
1. The kasambahay have parents, siblings, kids or loveones, thousands of miles away, why deprive them of the chance to communicate with them if that's the only way to relieve stress, or alleviate boredom?
2. Mobile phone should be allowed to be used by kasambahay during breaktime, and after duty to interact with members
3. Mobile phone as means of communication is a right of every employee, and should not be taken from them because of mistrust by an employer. 
4. Employers could include a clause on the contract of their workers regarding the use of mobile phones to make it clear and so that their workers would also know what to expect. But maids should not always wear earphones or have it plugged on their ears while working, to chat/talk or listening to music as this can affect their effectiveness in taking care young children or elderly. 
5. Mobile phone is the best way to communicate specially in times of emergency or when they are abused or maltreated by their employers. 


©2016 THOUGHTSKOTO

Thursday, October 02, 2014

19 Points in the Contract of a Household Service Worker or Kasambahay In Saudi Arabia

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.

14. Special Provisions:
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:



According to the Arabnews report:

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.

©2014 THOUGHTSKOTO