Al-Marsad Newspaper: The Council of Ministers decided to approve an agreement on the employment of domestic workers, between the Ministry of Human Resources and Social Development in the Kingdom of Saudi Arabia and the Ministry of Labor in the Kingdom of Thailand, signed in the city of Riyadh on 08/25/1443 AH, corresponding to 3/28/2022 AD, in the accompanying format .
An agreement on the employment of labor was also approved between the Ministry of Human Resources and Social Development in the Kingdom of Saudi Arabia and the Ministry of Labor in the Kingdom of Thailand, signed in the city of Riyadh on 08/25/1443 AH, corresponding to 3/28/2022 AD, in the accompanying form.
Recognizing the importance of enhancing cooperation between the two countries in this field, the two parties agreed on the following:
Article one:
Target
This agreement aims to implement all necessary measures to ensure the effective and ethical recruitment of domestic workers from the Kingdom of Thailand to work legally in the Kingdom of Saudi Arabia, protect the rights of both employers and domestic workers and regulate the contractual relationship between them.
second subject:
Areas of cooperation
The two parties commit to the following:
1- Work together to implement a mutually acceptable system for hiring, sending and returning Thai domestic workers to work in the Kingdom of Saudi Arabia in accordance with the applicable international standards of both parties and the applicable laws, rules and regulations;
2- Adopting a unified employment contract for domestic workers, the texts of which are acceptable to the competent authorities in the two countries;
3- Ensuring the recruitment of domestic workers through the regular channels as stipulated in the local laws and regulations of both parties, which include employment offices, companies or agencies that practice ethical recruitment and are licensed by the governments of both countries;
4- Giving priority to the employment of Thai domestic workers through the arrangements and oversight of the governments of the two parties.
5- Organizing or seeking to control recruitment costs in both countries;
6- Ensuring that recruitment offices, companies or agencies in both countries, in addition to the employer, do not impose fees or deductions from the salary of the domestic worker in consideration of recruitment and recruitment costs, and that no irregular deductions are imposed;
7- Ensuring the rights of workers and employers to resort to the competent authorities in the event of any contractual dispute in order to seek remedies in accordance with applicable laws, rules and regulations;
8- Take legal measures against recruitment agencies, companies or recruitment agencies in case of any violation of applicable laws, rules and regulations;
9- Work to resolve any problem arising from the implementation and application of any provision in this Agreement;
10- Verifying the employment contracts of Thai domestic workers before they leave the Kingdom of Thailand to work in the Kingdom of Saudi Arabia in accordance with the arrangements agreed upon between the two parties.
Article Three:
Responsibilities of the Ministry of Human Resources and Social Development in the Kingdom of Saudi Arabia
The Ministry of Human Resources and Social Development in the Kingdom of Saudi Arabia is committed to the following:
1- The recruitment, appointment and employment of domestic workers under this Agreement shall be in accordance with the applicable laws, rules and regulations;
2. Ensure that Thai domestic workers employment forms set out job specifications, qualifications required and types of jobs for which employment is proposed, as well as terms and conditions of the offered jobs including wages, non-wage benefits, accommodation, transportation where applicable, end-of-service benefits and any other relevant terms .
3- Ensuring that the terms and conditions of employment to work in the Kingdom of Saudi Arabia are clarified in an individual employment contract, the two parties of which are the domestic worker and the employer, which will be signed by both contracting parties before the domestic workers leave the Kingdom of Thailand;
4- Ensuring the promotion of protection and care for the rights of Thai domestic workers in the Kingdom of Saudi Arabia in accordance with the applicable laws, rules and regulations;
5- Ensuring effective implementation of the employment contract between the domestic worker and the employer;
6- Facilitating the opening of a bank account for the domestic worker by the employer in the name of the domestic worker to deposit the monthly salary of the domestic worker/domestic worker stipulated in the employment contract;
7- Seeking to establish a mechanism to provide assistance to domestic workers 24 hours a day;
8- Ensure the provision of effective and equitable procedures to assist employers and workers in case of dispute, and endeavor to facilitate the prompt settlement of disputes between domestic workers and employers in cases of labor contract violation and other labor cases brought before the competent Saudi authorities/courts in accordance with the applicable laws, rules and regulations;
9- Facilitate the issuance of exit visas for domestic workers at the end of the contract or in emergency situations or if the need arises.
Fourth Article:
Responsibilities of the Ministry of Labor in the Kingdom of Thailand
The Ministry of Labor in the Kingdom of Thailand is committed to the following:
1- Providing qualified and medically fit domestic workers in accordance with the requirements and specifications of the job required by the Ministry of Human Resources and Social Development in the Kingdom of Saudi Arabia.
2- Ensuring that the domestic worker nominated for the job is not from the previous ones.
3- Ensuring that Thai workers have a work contract duly signed by both the domestic worker and the employer before leaving the domestic worker from the Kingdom of Thailand.
4- Ensuring that domestic workers nominated for work receive adequate training and educate them on customs and traditions
Kingdom, terms and conditions of the employment contract.
5- Directing the candidate domestic workers to abide by the applicable regulations, etiquette, customs and rules of conduct during their stay in the Kingdom of Saudi Arabia.
6- Ensuring that the nominated domestic workers complete their contracts in accordance with decent working conditions.
7- Take the necessary action to facilitate sending the nominated domestic workers to the Kingdom of Saudi Arabia within a period not exceeding one month from the date of receiving the visa.
8- Facilitating the return of domestic workers to the Kingdom of Thailand in case the domestic workers violate the contractual terms and if this is proven in accordance with the laws and regulations in force in the Kingdom of Saudi Arabia.
Article Five:
Joint Technical Committee
A joint technical committee will be formed, headed by high-level representatives from the two countries, to do the following:
A- Conducting a periodic review to assess and monitor the implementation of this Agreement.
b- Holding rotating consultative meetings in the Kingdom of Saudi Arabia and the Kingdom of Thailand at dates and places agreed upon by the two parties, and the Joint Technical Committee may form sub-committees or contact points as needed; To meet regularly to discuss issues arising from this Agreement.
C- To make the necessary recommendations to resolve the differences arising from the implementation and interpretation of the provisions of this agreement, or to make the amendment(s) to this agreement whenever necessary.
Article Six:
Settle disputes
Any dispute over the interpretation and implementation of this Agreement shall be settled amicably in consultation between the Parties through diplomatic channels.
Article Seven:
Modify the agreement
Any amendment or revision of any of the provisions of this Agreement shall be made with the written consent of the two parties in accordance with the legal procedures in force in both countries and shall take effect from the date agreed upon between them.
Article Eight:
entry into force
Each party shall notify the other party, in writing, through diplomatic channels, of the completion of the necessary local statutory procedures, and this agreement shall become effective from the date of the last notification thereof.
Article Nine:
Effectiveness and duration
1- This agreement is valid for a period of five years, renewable for a similar period or periods, unless one of the parties informs the other party – in writing – through diplomatic channels of its desire to terminate it two months before the date of the expiry of the term of this agreement.
2- If this agreement is terminated, its provisions shall remain in effect with respect to agreements and contracts concluded during the term of this agreement.
In witness whereof, the undersigned, duly authorized by their respective governments, have signed this Agreement.