Published March 11, 2023 | Version v1
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The Kingdom of Saudi Arabia's Kafala System concerning Migrant Domestic Workers and its Impact on the Fight against Human Trafficking

  • 1. Senior lawyer of Criminal Law Assesseur Law Firm for lawyers and consultancy The Kingdom of Saudi Arabia

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Description

The relationship between migrant workers and their employers is determined within the framework of the Saudi provisions of Kafala, under which the employer gains wide prerogative over the worker. This has resulted in some employers arbitrarily misusing these broad powers, depriving the worker of travelling to his or her country of origin even in emergency circumstances and forcing the worker to perform work other than that stipulated in the employment contract.  In addition, according to the Kafala system, the worker must seek the permission of the employer when he or she wishes to work elsewhere. Also, the employer can report the worker as a runaway if he or she acts without their permission which therefore makes the worker more susceptible to being deported or imprisoned. 

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