Mahmoud Ahmad
THE issuance of a new set of rules by the Labor Ministry provides some great steps toward solving many problems between expat workers and Saudi sponsors and companies. These new set of rules are the ones we have all been waiting for. The surprise did not come gradually but it was divulged in one swift go. The Labor Ministry is finally putting the squeeze on abusive companies and sponsors who have been mistreating their employees, especially expats who are the weakest link.
One of the rules that are really in favor of the expatriates is that the passport has to be with the person on whose name it is. Now an employer or company cannot hold on to your passport anymore. We all know there’s this prevalent practice by companies and sponsors of holding expat workers’ passport, which by international law belongs to the holder. The reason for holding on to this document, which they claim, is to see that the workers do not escape. Escape what? Escape whom? In reality by holding this document the employer or sponsor uses it as a pressure card against the expat employee, in order to make them accede to their (employers/sponsors) wishes and conform to their ‘set of rules’, which are contrary to the ministry’s rules, whenever they want.
Now the Labor Ministry has acted to loosen their vise-like hold over the expat employees. For the ministry has imposed an SR2,000 fine for holding onto employees’ passports according to the new regulations. So I urge all expatriate workers to get their passport back and report the company to the Labor Ministry if they refuse.
I remember many months back writing an article, 'Holding a passport hostage', in which I explained that this practice by itself is illegal and there are laws against holding an expat worker's passport, but the laws were not enforced. I hope these new regulations framed and released by the Labor Ministry will not be only ink on paper. With the new rules revealed, it is up to the ministry to enforce it on companies and sponsors at the earliest. And it should be strictly implemented. For implementation is the key here. Without strict implementation, these regulations will be worthless.
Another regulation that was disclosed is the imposition of a fine of SR5,000 on sponsors and companies who are not providing their workers with a copy of their contract. This abusive practice has put many expat workers on the defensive at work because at the end of the day they end up doing more than their share of work and for less pay. They, without the contract, cannot even voice their dissent about the load or type of work asked of them. This is basically cheating, wherein the employers take advantage of weak laws to do what they want thus exploiting the workers.
Other regulations include, a fine on companies if they delay the payment of salaries, force employees to work extra hours without overtime payment, or force them to work during official weekends and holidays. A fine of up to SR15,000 will be imposed on an employer who forces his workers to do jobs not specified in the contract or if he asks workers to bear those expenses which he is liable to pay. Fines will be imposed on employers who deprive workers of recommendation letters or if a company does not provide training to at least 12% of its Saudi employees, according to the regulations. Fines are to be imposed on companies forcing workers to work in the heat or in poor weather conditions without proper precautions.
The ministry also specified a fine of up to SR25,000 for companies violating safety and health standards. This also includes employing minors. The ministry also specified fines ranging between SR10,000 and SR20,000 on recruitment offices if they do not get a license from the ministry before any recruitment process or if they do not register the services they provide on the system of the ministry. Business owners will be fined SR25,000 if they provide false information to the Ministry of Labor and another fine of SR10,000 if they create problems in the work of the ministry’s investigation officers, and many more.
If, and only if, these regulations are strictly enforced then the work environment in the Kingdom would be among the best in the world. I know many expat workers who love Saudi Arabia for many reasons, including being close to the two holy mosques. But each one of them has a sad story to tell about his experience with his company or sponsor. It is time to put an end to all these negative practices. We do not want to see employees whose salaries are delayed for many months. The worst crime in the whole world is to force someone to do work and deny him/her payment. Such abusive companies who sponsor expat employees must never have heard of the expatriates’ families who are waiting to get the money from their sons, who traveled afar to provide for them. Or if they know then they do not care.
Cleaning companies should be aware now that delaying the salaries of poor workers would land them in a ‘fine’ pickle. The fine is to be imposed for each worker whose salary they delay, which means paying ten times than what they would have had to pay the worker. I also wish the Labor Ministry would review some of the contracts of the lowly paid workers and match them with the cost of living because some of the salaries they receive for a month is actually spent by an average family here in one day, if not more. The salary may be good if they received it back home, but here, it is a joke.
— The writer can be reached at mahmad@saudigazette.com.sa. Twitter: @anajeddawi_eng
