1.1.4. T
his approach has been adopted by the Labor Market Regulatory Authority when the term “the
worker leaves” was used in Order No. (77) of 2008 with Respect to the Employer’s Obligations in
the Event the Foreign Worker Leaves Work in Violation of the Terms of the Work Permit, issued
by the Chairman of the Board of Directors of the Labor Market Regulatory Authority. The Order
addresses the procedures to be followed when the worker leaves work at the person who has
obtained the work permit. The use of such term gives the same meaning as using the phrase
“escape from work.”
1.2. Prohibition of subjecting the domestic workers to everything that would violate their dignity:
1.2.1. T
he NIHR asserts the need to create a legal barrier to prevent subjecting domestic workers to
any act that would violate their inherent human dignity. This is consistent with the provisions
of the Convention on Decent Work for Domestic Workers No. (189), as well as other relevant
international standards. Paragraph (d) of Article (3) of the said Convention, in the course of
the representation of the measures that the State must take, stipulates that the State shall,
“Eliminate discrimination in respect of employment and occupation.” In addition, Article (5)
of the Convention explained that, “Each Member shall take measures to ensure that domestic
workers enjoy effective protection against all forms of abuse, harassment, and violence.”
1.2.2. T
he NIHR has noted that, in reality, practices - for commercial marketing purposes - have revealed
dealing with domestic workers in an inferior or degrading manner, by way of the advertisements
published by the recruitment offices, which preview the domestic workers and classifies them by
nationality, religion, and cost. Thus, treating them as goods that are promoted in a way to attract
homeowners, which is contrary to human dignity.
1.2.3. T
herefore, the NIHR considers it necessary to include a provision in the draft law that criminalizes
any act that would jeopardize the human dignity of domestic workers, similar to what the
Kuwaiti legislator did, by including a provision that criminalizes the acts that offend the dignity
of this category in Law No. (68) of 2015 on Domestic Worker. Article (5) of the aforementioned
Law stipulates that, “The offices are not permitted to advertise, promote, or categorize the
workers according to faith, gender, color, or cost, or advertise them in any humanly degrading
manner.”
1.3. Conduct further discussions and consultations with the relevant parties:
Beyond any doubt, the purpose of the draft law is to be a fair measure of the rights of domestic
workers, to preserve their rights and prevent their violation and to settle their disputes. The draft
law cannot reach that goal unless it is drafted in a participatory approach by all the concerned bodies,
such as the Public Prosecution, the Ministry of Interior, the Labor Market Regulatory Authority, and
representatives of the recruitment offices. The NIHR deems such participatory approach necessary
to reach an integrated law that ensures the effective protection of domestic workers in conformity
with the relevant international instruments.
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