Saudi Arabia’s Kafala (or sponsorship) system has long governed the lives of expatriate workers, giving employers substantial control over foreign workers’ job mobility, residency, and visa status. Although the system underwent major reforms in 2021, including easing restrictions on workers’ ability to change jobs, challenges persist for many expatriates in 2024. Here’s an overview of the most recent updates and ongoing issues surrounding the Kafala system for foreign workers in Saudi Arabia.
1. New Reforms for Migrant Workers
Saudi Arabia has implemented further modifications aimed at improving conditions for migrant workers, particularly for domestic workers. Some of the reforms include:
- Working Hours and Days Off: Under the new laws, domestic workers are limited to 10 hours of work per day and are guaranteed one day off per week.
- Wage Protection: In July 2024, Saudi Arabia included migrant domestic workers in the Wage Protection System, designed to prevent wage theft and ensure that workers are paid regularly.
- Enhanced Mobility: The government is now permitting migrant domestic workers greater freedom of movement and communication, while protecting their identification documents, which were previously at risk of being confiscated by employers.
Despite these changes, enforcement remains a concern, as some employers still misuse loopholes, leading to ongoing cases of exploitation. For instance, the misuse of “huroob” (a report filed by an employer stating a worker has absconded) has continued to create problems, with many workers facing wrongful detention, deportation, or hefty fines under the false charges of huroob.
2. Continued Challenges with the Kafala System
The persistence of the Kafala system in certain employment categories, like domestic work, has highlighted enduring issues:
- Job Mobility Restrictions: Although many workers can now change jobs without employer consent after completing a minimum tenure, domestic and some low-wage workers still face considerable hurdles. Employers have been found using the huroob report to maintain control over workers or prevent them from moving to competitors.
- Exploitation of Legal Loopholes: The application of Kafala reforms remains inconsistent, with reports indicating that certain companies use huroob accusations to exploit workers further, ensuring they remain dependent on the original sponsor.
3. Challenges in Implementation and Worker Protections
A key barrier to effective reform is enforcement. Despite the legal provisions, compliance with worker protection laws remains uneven:
- Inadequate Legal Support: Workers facing false huroob accusations or other legal issues have limited access to resources to challenge their cases. Language barriers, legal fees, and a lack of support systems make it difficult for workers to seek justice.
- Vulnerabilities of Domestic Workers: Domestic workers, who are often excluded from comprehensive labor protections, remain highly vulnerable to exploitation. Without robust labor inspections, many issues such as non-payment of wages or long working hours go unaddressed.
4. Future Directions and Anticipated Reforms
Saudi Arabia’s Vision 2030 plan emphasizes economic diversification and improved conditions for all residents, including expatriates. However, substantial progress on labor rights will likely require both ongoing legislative changes and stringent enforcement. The potential for future reform includes:
- Expanded Legal Protections: Broadening labor protections across all sectors, particularly for domestic and low-wage workers, could be key in reducing abuse and improving transparency.
- Awareness Programs for Workers: Increased access to information on workers’ rights and available resources could help expatriates better navigate the complex landscape of Saudi labor laws.
In summary, while recent Kafala reforms indicate a positive shift towards enhancing expatriate rights in Saudi Arabia, significant obstacles remain in practice, particularly for low-wage and domestic workers. With continued reform efforts and enforcement, the Kafala system could eventually align more closely with Saudi Arabia’s goals for economic modernization and labor market improvement.
For more details on specific cases and the impact of the latest laws, please see sources like Migrant Rights and IAS Gyan.
