4. The NIHR considers that the above article stipulates the conditions that shall be fulfilled by the homeowner so that he can bring and hire a domestic worker. One of the conditions is that the homeowner shall not have been convicted or referred to a court in case of assaulting a worker and he shall present a written declaration in this regard accompanied by a copy of his passport. While such conditions supposedly provide the protection for the worker from any breach that the worker may suffer by the employer, the NIHR finds that it is necessary that such condition shall be linked to a final and decisive judgment passed by a competent court in a case filed against him in his capacity as an employer. A mere referral to the court is not sufficient. Presumption of innocence is an accompanying and existing right for everyone and cannot be revoked except by the issuance of a judgment with all pre-conditions thereof. Therefore, the NIHR hereby agrees to the conditions mentioned in article no. (6) of the current draft law, except for item No. (3) as detailed above. 5. As for Article No (12), which stipulates that: “(a). The worker shall comply with the following: 1. perform domestic work honestly and sincerely. 2. Respect the privacy of the house where he works and maintains the properties of the homeowner and home contents. 3. Shall not disclose the household’s secrets. 4. Respect the prevailing traditions and customs of the society. 5. Inform the homeowner before leaving, or departing, or be absent from the house. (b). If it is proved that the worker has caused the loss of or damage to tools and materials owned or possessed by the homeowner or were in the possession of the worker intentionally or due to a carelessness, the homeowner shall be entitled to deduct from the worker’s salary the value of the lost or damaged items and the value of repair thereof. Should a dispute arise between the homeowner and the worker, the matter shall be referred to the Labor Market Regulatory Authority Personnel Affairs Committee stipulated in article (15) of this Law. (c). Should the worker escape from the employer’s home for a reason not attributed to the employer, the worker shall bear all expenses incurred by the homeowner in addition the expenses of returning to his/her his homeland. (d). The worker shall incur the expense of airlines ticket to his country should he personally decide to leave the Kingdom for any whatsoever reason”. The NIHR explained that the above article listed the obligations imposed on the worker toward the employer (homeowner). Yet, the listing is not sufficient in item (c) regarding the determination of the expenses that shall be paid (refunded) by the worker to the employer in the event of the worker’s escape, whether such expenses cover recruitment and employment expenses only or otherwise; especially that a breach to the contractual obligations necessitates that the violating party shall incur the compensation whenever so is required. Such compensation naturally includes the homeowners’ gains as well as losses. ‫اﻟﺘﻘﺮﻳﺮ اﻟﺴﻨﻮي اﻟﺜﺎﻟﺚ‬ ‫ﻟﻠﻤﺆﺳﺴﺔ اﻟﻮﻃﻨﻴﺔ ﻟﺤﻘﻮق اﻧﺴﻨﺎم‬ ‫ ـ ﻣﻤﻠﻜﺔ اﻟﺒﺤﺮﻳﻦ‬2015 ‫ﻟﻌﺎم‬ 6. The stipulation of item (d) raises a question concerning the extent of considering the worker’s absolute desire to complete the procedures for traveling. In fact, this contradicts Article No. (21) of the attached law that stipulates: “The worker is forbidden from leaving the Kingdom without the homeowner’s permission or that of office, as the case may be. The Minister of Interior shall issue - in coordination with the Minister - a resolution on the provisions and procedures related to work permits for workers coming to the Kingdom and their departure procedures”. In addition, the above article overlooked the reference to the necessity that the worker shall perform the work entrusted to him at the homeowner exclusively. 36

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