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.
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