NEW SAUDI LAW: FUTURE OF MIGRANT DOMESTIC WORKERS’ RIGHTS

Syllabus:

GS-3:  Planning , Employment , Inclusive Growth

Focus:

Saudi Arabia’s new domestic workers law, set for September 2024, is crucial as it aims to address significant gaps in protection for migrant domestic workers. Despite improvements like fixed working hours and better leave entitlements, challenges persist due to the Kafala system’s exploitation and weak enforcement, impacting millions of workers.

NEW SAUDI LAW: FUTURE OF MIGRANT DOMESTIC WORKERS' RIGHTS - UPSCsource:medium

About the Upcoming Migrant Domestic Workers Law:

  • Introduction to the New Law: Saudi Arabia, a major recipient of migrant domestic workers (MDWs), is set to implement a new domestic workers law in September 2024, aiming to regulate the sector better.
  • Coverage Across the GCC: Among the six Gulf Cooperation Council (GCC) states, Saudi Arabia, the UAE, Qatar, Kuwait, Oman, and Bahrain, only four have specific domestic worker laws, though all exclude MDWs from broader labour laws.
  • Exclusion from Labor Laws: The exclusion of MDWs from general labour laws creates significant protection gaps, leaving workers vulnerable without proper monitoring and enforcement mechanisms.
  • Worker Demographics: As of early 2024, Saudi Arabia employed over9 million migrant domestic workers, with men constituting a majority in this sector, a unique aspect in the GCC.
  • Gender Disparity: Female MDWs face particular challenges, including abuse and exploitation, often with little recourse under the current legal framework.
Understanding the Kafala System and Its Impact:

  • Definition of the Kafala System: The Kafala system ties a migrant worker’s legal residency to their employer (sponsor), giving employers considerable control over workers’ lives and employment conditions.
  • Marginalisation of Workers: This system often results in the marginalisation and exploitation of low-income migrant workers, leaving them vulnerable to abuses.
  • Employer Bias: Many regulatory mechanisms, including recruitment platforms like Musaned, favour employers, exacerbating the power imbalance between workers and sponsors.
  • Cost of Recruitment: Employers often invest significant sums (ranging from $2,000 to $5,000) in recruiting workers, which can lead to a sense of ownership rather than a fair employer-employee relationship.
  • Bonded Labour Concerns: The combination of the Kafala system and labour law exclusion creates conditions resembling bonded labour, where workers have little freedom or protection.

About Gulf Cooperation Council (GCC):

Formation and Members:

  • Established in 1981.
  • Comprises six nations: Saudi Arabia, United Arab Emirates, Oman, Kuwait, Qatar, and Bahrain.

Objectives:

  • Promote regional cooperation, integration, and interconnectivity among member states.
  • Foster economic, political, and cultural collaboration.

Economic Reliance:

  • GCC economies are predominantly driven by oil exports.
  • Oil resources have been the cornerstone of their economies for decades.
  • Member states have leveraged oil revenues to drive economic development and infrastructure projects.

Economic Diversification Efforts:

  • Recent initiatives to diversify economies beyond oil, focusing on sectors like tourism, finance, and technology.
  • Vision 2030 plans in Saudi Arabia and similar strategies in other GCC states aim to reduce dependency on oil.

Regional Integration:

  • GCC works towards enhancing economic and political integration among member countries.
  • Joint projects and agreements on trade, security, and infrastructure development are key components of the GCC’s strategy.

Initiatives by the Indian Government to Ensure the Welfare of Migrant Workers:

Emigration Act of 1983:

  • Provides a legal framework to regulate the emigration of Indian workers.
  • Mandates recruitment agencies to register and adhere to regulations on emigration procedures, ensuring compliance and protection.

E-Migrate System:

  • An online platform facilitating emigration clearances for skilled and semi-skilled workers.
  • Enables tracking of immigration status and prevents exploitation by unregistered agents and subagents.

Labour Mobility Partnerships:

  • India has established labour agreements and MoUs with GCC countries, including UAE, Saudi Arabia, Kuwait, Bahrain.
  • Agreements cover employment contracts, model labour policies, and worker rights, enhancing protection for Indian workers abroad.

Pre-Departure Orientation Programs (PDOS):

  • Aims: to improve soft skills of Indian migrant workers, particularly for those heading to Gulf countries and Malaysia.
  • Includes training on local culture, language, traditions, and laws to better prepare workers for their destination.

Indian Community Welfare Fund (ICWF):

  • Provides emergency financial support to Indian workers in distress abroad.
  • Covers expenses for repatriation, legal aid, shelter, and medical assistance.

Indian Workers Resource Centres (IWRCs):

  • Established in Dubai, with additional centres approved in Sharjah, Riyadh, Jeddah, and Kuala Lumpur.
  • Offers guidance and counselling on issues related to overseas Indian workers.

Awareness Campaign:

  • The ‘Surakshit Jaaye Prasikshit Jaaye’ campaign promotes safe and legal migration.
  • Focuses: on ensuring that migrants are well-informed and trained before their departure.

Features of the New Domestic Workers Law:

  • Working Hours and Leave: The new law introduces a maximum of 10 working hours per day, with a mandatory weekly day off and one month of paid leave annually.
  • Prohibition of Document Confiscation: Employers are prohibited from confiscating workers’ identity documents, a common practice that restricts workers’ freedom.
  • Right to Communication: Workers are granted the right to communication, allowing them to maintain contact with the outside world, which is crucial for their well-being.
  • Contract Termination Rights: The law outlines conditions under which workers can terminate their contracts without losing entitlements, providing a degree of protection against unjust treatment.
  • Compensation for Unjust Termination: Employers are required to compensate workers if they terminate contracts unjustly, offering some financial security to affected workers.

Implementation Challenges and Concerns:

  • Poor Implementation Record: Saudi Arabia has a poor track record of enforcing laws that protect migrant workers, leading to ongoing exploitation and rights violations.
  • Wage Theft and Exploitation: Wage theft is rampant, with workers often not receiving fair compensation for their labour, and employers rarely held accountable.
  • Restrictions on Movement: Female MDWs, in particular, face severe restrictions, often unable to leave their employer’s household without permission.
  • Weaponization of Absconding Laws: Although reforms have made it harder to file false absconding charges, the law can still be used by employers to punish workers unjustly.
  • Barriers to Reporting Violations: Lack of labour inspections, limited communication access, and language barriers hinder workers’ ability to report violations and seek justice.

The Status of Indian Migrant Domestic Workers:

  • Significant Indian Presence: Indians form the largest migrant population in Saudi Arabia, with approximately 65 million workers in various sectors, including domestic work.
  • Employment in Domestic Work: A large percentage of Indian workers are employed as drivers and in other domestic roles, with recruitment regulated through the eMigrate system.
  • Minimum Referral Wage: India’s minimum referral wage for MDWs in Saudi Arabia is SAR 1,500 (approximately ₹33,000), ensuring a basic income level.
  • Special Provisions for Female Workers: Female MDWs must be at least 30 years old, with additional requirements such as a financial bank guarantee in favour of the Indian Embassy.
  • Limited Consular Support: Despite these measures, Indian MDWs often receive limited support from consular services, particularly in accessing justice and securing entitlements before repatriation.

Persistent Gaps in Protection:

  • Insufficient Safeguards: Despite the new law, significant gaps remain in protecting migrant workers, especially domestic workers, from exploitation and abuse.
  • Lack of Minimum Wage: Saudi Arabia still lacks a minimum wage law, leading to inconsistent and often inadequate pay for MDWs.
  • Overwork Without Compensation: Many MDWs are overworked without proper compensation, as there are no clear guidelines for calculating overtime pay.
  • Challenges in Enforcement: The effectiveness of the new law depends on its enforcement, which has historically been a weak point in Saudi labour regulation.
  • Continued Vulnerability: Without robust monitoring and support mechanisms, MDWs will likely continue to face significant challenges in securing their rights.

The Future of Migrant Domestic Workers in Saudi Arabia:

  • Potential for Improvement: The new law offers some hope for better protection, but its success will depend on rigorous enforcement and support for workers.
  • Need for International Pressure: International organisations and home countries must continue to pressure Saudi Arabia to improve conditions for MDWs.
  • Empowerment Through Awareness: Raising awareness among MDWs about their rights and the new law is crucial for empowering them to protect themselves.
  • Role of Civil Society: Advocacy groups and civil society organisations play a key role in supporting MDWs and holding employers and the government accountable.
  • Long-Term Reforms Needed: For lasting change, Saudi Arabia must undertake comprehensive reforms, including overhauling the Kafala system and fully integrating MDWs into labour laws.

Challenges in Implementing Reforms:

  • Cultural and Social Resistance: One of the significant challenges in implementing reforms is the deeply ingrained cultural and social norms that view domestic work as menial and unworthy of respect. Overcoming these perceptions is essential for improving the treatment of MDWs.
  • Weak Enforcement Mechanisms: Despite new laws, Saudi Arabia has historically struggled with weak enforcement of labour regulations. Ensuring that employers comply with new protections will require substantial investment in monitoring and enforcement.
  • Employer Pushback: Many employers may resist the changes brought by the new law, particularly if they perceive them as limiting their control over domestic workers or increasing their costs. This resistance could manifest in non-compliance or efforts to undermine the law.
  • Language and Communication Barriers: Many migrant workers face language barriers that hinder their ability to understand their rights, report violations, or navigate legal processes. Overcoming these barriers is crucial for the effectiveness of any reforms.
  • Limited Access to Justice: Despite legal reforms, access to justice for migrant domestic workers remains limited. Workers often lack the resources, support, and knowledge needed to pursue legal remedies when their rights are violated.

The Way Forward for Migrant Domestic Workers in Saudi Arabia:

  • Comprehensive Legal Reforms: Saudi Arabia should consider fully integrating migrant domestic workers into the broader labour law framework, providing them with the same protections and rights as other workers. This would address many of the existing gaps in protection.
  • Abolition of the Kafala System: To eliminate the power imbalance and reduce exploitation, Saudi Arabia should work towards dismantling the Kafala system. This would give workers more freedom to change employers and better protect their rights.
  • Strengthening Monitoring and Enforcement: The effectiveness of any law depends on its enforcement. Saudi Arabia should enhance its monitoring mechanisms, including more frequent labour inspections and stricter penalties for violations to ensure compliance with the new MDW law.
  • Collaboration with Sending Countries: Saudi Arabia should collaborate closely with countries that send migrant workers to ensure that recruitment processes are fair, transparent, and protect workers from exploitation both before and after they arrive in Saudi Arabia.
  • Empowering Workers Through Education: Raising awareness among migrant domestic workers about their rights under Saudi law is crucial. Initiatives should be implemented to educate workers about how to seek help, report abuses, and understand their legal protections.

Conclusion:

Saudi Arabia’s upcoming domestic workers law represents a promising development for migrant workers, introducing key protections such as regulated working hours and rights to communication. However, the persistence of the Kafala system and inadequate enforcement pose significant challenges. Effective implementation, alongside broader legal reforms, is essential to ensure meaningful improvements in the welfare of migrant domestic workers.

Source: The Hindu

Mains Practice Question:

Examine the impact of Saudi Arabia’s new migrant domestic workers law. How does the Kafala system exacerbate the vulnerabilities of these workers? Discuss the challenges in implementing reforms and suggest measures to improve the protection and rights of migrant domestic workers.