KUWAIT CITY, May 11: The Ministry of Commerce has affirmed that the domestic labor recruitment office is obligated to refund the amount it received from employers and the cost of returning a domestic worker to his country in the event of a breach of the contract by the second party (the domestic worker) during the guarantee period, reports Al-Anba daily. The ministry’s response was based on a memorandum submitted by the Public Authority for Manpower (PAM) in response to a question submitted by MP Muhalhel Al-Mudhaf about the party responsible for compensating the sponsor in case of breach of contract by the second party (domestic worker).
According to the response, the recruitment office guarantees the continuity of the domestic worker for a period of six months at work. During this period, if there is an obstacle, in which the employer has no hand, that prevents the domestic worker from doing his work or if he is diagnosed with communicable diseases, or suffers from any physical, health, or psychological disabilities that prevent him from continuing to work, the recruitment office must return the domestic worker to his country and refund the sums he received from the employer.
The recruitment office is also obligated to refund the amount and return the worker to his country in the event of a legal impediment imposed by the public interest that prevents the employer from obtaining residency for the domestic worker or if the domestic worker is deported administratively for the requirements of the public interest, or if the office provided the employer with incorrect data or information about the domestic worker, or if the domestic worker refuses to work or absconds. In the event that the office refuses to pay the expenses of returning the domestic worker to his country and refund the sums received from the employer, the Department for Regulating the Recruitment of Domestic Workers in PAM will do so by deducting from the financial guarantee the office pays PAM.