Standard Form of Insurance Document for Domestic Labor Contract

Article One: Introduction

This Policy specifies the minimum limit for the compulsory insurance on domestic workers contract in accordance with the terms, conditions, and exceptions provided herein or attached hereto. In consideration of the Insured having paid the premium to the Insurer, the Insurer agrees to provide insurance coverage up to the amounts and limits stated in the Policy Schedule or amended in the Appendix.

Insurers and Employers shall not be entitled to agree on liability limits lower than those set forth in this Policy, and they may agree to add coverages not provided for in this Policy.

Article Two: Definitions

The following words and phrases, wherever they occur in this Policy, shall have the meanings assigned thereto, unless the context implies otherwise:

1) Policy: The Standard Insurance Policy on Domestic Workers Contract.

2) Employer: any natural person who recruits a Domestic Worker directly or through a licensed Recruitment Agency to perform a domestic service, or to whom the sponsorship of the Domestic Worker has been transferred to.

3) Recruitment Agency: the recruitment office or company that mediated the recruitment of the Domestic Worker for the Employer.

4) Domestic Worker: any natural person who performs a direct domestic service for the Employer or any member of his/her family under the supervision and direction of the Employer or any person who acts on his/her behalf, even when such worker is not under his/her direct control. The competent authority determines the occupation of domestic workers.

5) Insured: the Employer or the Domestic Worker who benefits from the Insurance coverage according to the provisions set forth in the Policy.

6) First Beneficiary: the Employer.

7) Second Beneficiary: the Domestic Worker.

8) Insurer: the licensed insurance company that practices insurance businesses in accordance with the Cooperative Insurance Companies Control Law.

9) Insurance Applicant: the Recruitment Agency, or the natural or legal person who applies for the Policy on behalf of the Employer.

10)Material Fact: any information requested by the Insurer from the Insurance Applicant when concluding the Policy that may affect the Insurer’s decision to accept or reject the insurance coverage request, or accept it under different conditions.

11)Probationary Period: a probation for a period not exceeding (90) days from the date of the Domestic Worker’s arrival to Saudi Arabia.

12)Policy Schedule: the schedule attached to the Policy and forms an integral part thereof. It contains the data of the Employer and the Domestic Worker, as well as the coverage limits for the benefits included in the insurance coverage.

13)Appendix: an agreement between the Insurer and the Employer subsequent to the issuance of the Policy, whereby items of additional coverage are added to, amended, or canceled from the additional coverage, which shall be attached to the Policy and form an integral part thereof while not conflicting with the Policy.

14)Premium: the amount paid by the Insurance Applicant on behalf of the Employer to the Insurer for its acceptance to indemnify the Insured for the damage directly caused by a risk covered under the Policy.

15)Claim: a claim for damages or losses caused by a risk covered under the Policy.

16)Claimant: the First or Second Beneficiary, or their legal representative, who sustained damage caused by a risk covered under the Policy.

17)Risk: an event covered under the Policy during its term.

18)Permanent Total Disability: a physical condition that prevents the Insured from performing any work or job for paid salary or material gain.

19)Permanent Partial Disability: a physical condition that causes the loss of an organ or parts of the body of the Insureds, or loss of sense, which prevents them from performing any work or job for paid salary or material gain.

20)Critical illness/ Chronic Disease:

  •  Myocardial Infarction.

  •  Coronary artery disease that requires bypass grafting.

  •  Stroke associated with permanent disability.

  •  Advanced cancer (lifethreatening).

  •  Kidney failure that requires dialysis.

  •  Major organ transplant.

  •  Multiple sclerosis with persisting symptoms.

  •  Aortic surgery.

  •  Primary pulmonary hypertension.

  •  Permanent paralysis of limbs.

  •  Blindness Cardiovascular diseases.

  •  Deafness.

  •  Hepatitis.

  •  HIV and HIV-related illnesses, including AIDS.

21)Emergencies or Compelling Circumstances: a sudden and unexpected event that occurs to the parents, spouse, or offspring of the Domestic Worker causing him/her to leave the job and go back to his/her home country, as follows:

  • a. Death.

  • b. The following diseases cancer, kidney failure, advanced chronic liver failure, major organ transplant, limb paralysis, stroke, heart attack.

Article Three: Insurance Coverage

Section 1:
The Insurer is committed to compensate the First Beneficiary according to the compensations specified in this article, and within the limits set out in the Policy Schedule, in the following cases:

1) Death of the Domestic Worker:

  • a) Actual expenses of the repatriation of the deceased Domestic Worker’s body to his/her home country.

  • b) Actual expenses for returning the Domestic Worker’s personal belongings and possessions to his home country.

  • c) Actual expenses for recruiting an alternative Domestic Worker.

2) The Domestic Worker’s Permanent Total or Partial Disability, or Critical/Chronic Illness or Emergencies/Compelling Circumstances:

  • a)Actual expenses of the repatriation of the Domestic Worker to his/her home country.

  • b)Actual expenses of recruiting an alternative Domestic Worker.

3) Absence of the Domestic Worker (runaway): Actual expenses of recruiting an alternative Domestic Worker, provided that the Employer is not the reason behind such act or does not know the whereabouts of the Domestic Worker during the term of this Policy.

4) Domestic Worker’s Refusal to work: Actual expenses of recruiting an alternative Domestic Worker, provided that the Employer is not the reason behind refusal.

5) Emergencies or compelling circumstances: Actual expenses of recruiting an alternative Domestic Worker.

 

Section 2:

The Insurer shall be committed to compensate the Second Beneficiary according to the compensations specified in this Article and within the limits set out in the Policy Schedule in the following cases:

1) The Employer’s failure to pay due salaries, as a result of the Employer Permanent Total or Partial Disability, or Critical/Chronic Illness or his/her death:

  • a) The total amount of the Domestic Worker’s unpaid monthly salary for a period not exceeding four months.

  • b) Flight ticket costs to return the Domestic Worker to his/her home country.

2) The Domestic Worker’s Permanent Total or Partial Disability, Critical/Chronic Illness, or Emergencies/Compelling Circumstances:

  • a) The total amount of the Domestic Worker’s monthly salary for a period not exceeding four months.

  • b) Flight ticket costs to return the Domestic Worker to his/her home country.

3) Emergencies or Compelling Circumstances: Flight ticket costs to return the Domestic Worker to his/her home country.

 

Section 3:

The insurance coverages defined in Sections (1) and (2) of this Article shall be effective as follows:

1) In the case of recruiting a Domestic Worker specified via name and passport number by the Employer, and from the countries listed by the competent authority:

- All insurance coverages shall be effective from the date of the Domestic Worker’s arrival in Saudi Arabia.

2) In the case of recruiting a Domestic Worker who is subject to a Probation Period:

  • a) The Insurance Coverages mentioned below shall be effective from the date of the Domestic Worker’s arrival in Saudi Arabia:

    • 1. The death of one of the Insureds.

    • 2. The Permanent Total or Partial Disability of one of the Insureds.

    • 3. The Emergency Cases and Compelling Circumstances that occur to the Second Beneficiary.

  • b) Other insurance coverages stated in Sections (1) and (2) of Article (3) shall be effective after the end of the probation period.

Article Four: Policy Effective Date

With consideration of the provisions of the effective date of insurance coverage in Section (3) of Article (3) of this Policy, the Policy shall be effective from the date of the Domestic Worker’s arrival in Saudi Arabia.

Article Five: Compensation Limits

In case of loss due to a Risk covered under the provisions of the Policy, the maximum limit of the Insurer's liability for all Claims—during the term of the Policy—is a total sum of twenty-five thousands Saudi riyals (SAR 25,000) as stipulated in the Policy Schedule.

Article Six: Exclusions

The insurance coverage under the Policy shall not include the following:

1) Any liability or expense arising as a result of the dissatisfaction of the Employer or any member of his/her family with the performance of the Domestic Worker.

2) Any liability or expenses arising, directly or indirectly, from the following:

  • a) War, invasion, acts of foreign enemy, hostilities, warlike acts (whether war is declared or not), or civil war.

  • b)Rebellion, military or popular uprising, insurgence, revolution, usurping authority, martial laws, siege; or any events or reasons leading to declaring or continuation of martial laws, siege, or acts of vandalism and terrorism committed by person(s) operating individually or on behalf of or related to any terrorist organization. Terrorism shall mean the use of violence for political, intellectual, philosophical, racial, ethnic, social, or religious purposes. The use of violence includes putting the public or a segment of it under panic condition; affecting or causing turmoil; intervening in any operations or activities or policies related to the government; or causing turbulence negatively affecting the national economy or any of its sectors.

  • c) Strikes, riots, or civil or labor unrest.

  • d) Damage directly or indirectly caused by nuclear weapons, ionizing radiation, radioactive contamination resulting from any nuclear fuel or waste, or contamination due to nuclear fuel combustion. For the purposes of this exclusion, combustion shall include any nuclear fission.

Article Seven: Notifications and Claims Settlement

1. Procedures for Risk occurrence notification by the First Beneficiary:

The First Beneficiary,, shall notify the Insurer upon becoming aware of the occurrence, during the term of the Policy, of any covered insured risks stated in Section (1) of Article (3) of this Policy, provided that relevant entities are informed as follows:

  • entities are informed as follows: a) Upon absence of the Domestic Worker, the First Beneficiary shall notify the competent authority.

  • b) If the Domestic Worker refuses to work, the First Beneficiary shall notify and prove the Domestic Worker’s refusal of work to the competent authority.

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2. Procedures for reporting the occurrence of a Risk by the Second Beneficiary:

The Second Beneficiary shall notify the insurer upon his/her knowledge of the occurrence, during the term of the Policy, of any covered insured risks stated in Section (2) of Article (3) of this Policy, provided that the following procedures are considered:

  • a) If the Employer fails to pay the salaries, the Second Beneficiary or his/her legal representative shall notify the Insurer.

  • b) The Insurer shall, within (7) working days from the date of receiving the notification of the occurred Risk, notify the Employer, at the last address or telephone number registered with the Insurer, of the report filed indicating his failure to pay the salaries.

  • c) Upon the receipt of the Insurer’s notification mentioned in Sub-Section (b) of Section (2) of this Article, the Employer shall, within (7) working days from the date of the Insurer’s notification, prove his inability to the Insurer from the competent authority to pay the salaries owed to the Domestic Worker due to his Permanent Total or Partial Disability , or Critical/Chronic Illness , unless it is proven that Employer needs a longer period, provided that the Employer informs the company of the expected time to obtain the proof. If the Employer fails to provide documentation of proof, the Insurer shall compensate the Second Beneficiary and have the right to recovery against the Employer for incurred compensations under this Policy.

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3. Documents required for filing a Claim:

  • a. The Claimant or his/her legal representative shall submit the documents mentioned below required to arrive at a decision on a Claim for compensation under this Policy:

    • 1-The Claim form. 2-A copy of the recruitment contract for the Domestic Worker, accompanied by documents showing the cost of recruitment. b. In addition to th

  • b. In addition to the documents specified in Sub-Section (a) of Section (3) under this Article, the First Beneficiary shall submit the following documents in accordance with the insurance coverage that form the basis of the Claim:

    • 1. A proof of the Domestic Worker’s health and physical condition, and confirming his/her inability to carry out his/her responsibilities as a result of Permanent Total or Partial Disability or Critical or Chronic Illness.

    • 2. Death certificate of the Domestic Worker.

    • 3. A proof confirming the occurrence of Emergency Cases/Compelling Circumstances.

    • 4. A proof of reporting the absence of Domestic Worker to the competent authority.

    • 5. A copy of the competent authority’s decision that confirms the Domestic Worker’s refusal to work.

4. Claim settlement procedures:

a) The First or Second Beneficiary or their representatives are entitled to file a claim to the Insurer for compensation for a covered Risk under this Policy. The Insurer must provide the Claimant, within (5) working days, with a written notice acknowledging receipt of the Claim and informing them of any missing documents or reports to be completed.

b) The Insurer shall settle the Claims with utmost integrity and fairness without any compromise, within a maximum period of (15) working days from the date of receiving the complete Claim along with required documents, and the relevant notification procedures fulfilled as specified under this Article.

c) The Insurer shall settle and pay Claims by crediting the indemnity amount to the bank account of the First or Second Beneficiary or both directly or their legal representative through international bank account numbers (IBAN) or through digital banks, and in accordance with the provisions of insurance coverage as stated in this Policy.

d) For the purpose of settling the Claim, the Insurer may request a medical examination at its expense, of the First or Second Beneficiary, as the case may be, to ensure that a covered Risk under this Policy has occurred.

e) If the Insurer fails to settle the Claim within the prescribed period under this Policy, the Claimant shall be entitled to submit a complaint at SAMACares website (www. samacares.sa) or file a lawsuit with Committees for Resolution of Insurance Disputes and Violations to assess the Insurer’s obligation to settle the Claim and, where applicable, to indemnify the Claimant for any expenses incurred by him/her as a result of delay in settling the Claim.

f) When the Claim is partially or totally rejected, the Insurer shall commit to:

  • 1. Provide the Claimant with the reasons for rejection in writing or through electronic communication.

  • 2. Inform the Claimant of their right to submit a complaint at SAMACares website (www.samacares.sa) or refer their case to the Committees for Resolution of Insurance Disputes and Violations, according to the Cooperative Insurance Companies Control Law, so as to be considered by the Committees.

  • 3. Provide the Claimant, upon their request, with a copy of documents and files in support of the Insurer’s decision.

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Article Eight: Cancelation

1- In case the insurance is mandatory:

The Insurer and the Employer shall not cancel this Policy during its term except in the following cases:

  • a) Termination of the contract of Domestic Workers before the Domestic Workers enter Saudi Arabia.

  • b) Issuing a final exit visa for the Domestic Worker.

  • c) Transferring the sponsorship of a Domestic Worker who has not completed two years from the date of entering Saudi Arabia to another Employer, provided that there is another valid Policy on the Domestic Worker’s contract.

  • d) The Insured obtains another Policy on Domestic Workers’ contracts.

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2- In case the insurance is not mandatory:

The Insured has the right to cancel the Policy anytime. In both cases, the refunded Premium shall be calculated as follows:

The Insurer shall refund the Employer the return Premium by crediting the amount to his/her bank account via IBAN, within (5) working days from the date on which the Insurer becomes aware of the occurrence of any of the cases mentioned in this section. The return Premium payable to the Employer is calculated by subtracting the elapsed days from the total Policy term (in days) and then dividing the result by the total Policy term. The result is then multiplied by the Premium less administrative fees (a maximum of SAR 25) to determine the return Premium:

(730 – elapsed days)/730 x Premium] – Administrative Fee (max of SAR 25)= return Premium.

The Insurer is exempted from its obligation to pay the return Premium in the case that there is any Claim—related to the Policy to be cancelled—whose value exceeds the amount to be refunded as per the calculation formula mentioned above.

Notwithstanding the foregoing, the Insurer and Insureds shall remain bound by the provisions of this Policy with respect to the obligations arising prior to its cancellation.

Article 9: General Provisions

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