WUNRN
SAUDI ARABIA - GUARDIANS' APPROVAL
FOR WOMEN'S EMPLOYMENT - DIVISIVE
Jeddah:
Fadia Jiffry - 6 September 2013
Public
sector companies have the right to request an approval letter from legal
guardians at the time of employing Saudi women to ensure their financial
rights, Ministry of Labor sources have stressed.
There is no current clause in the labor law that requests business owners to
obtain a female’s legal guardian consent at the time of her employment, sources
say.
However, according to old labor laws, no woman can be employed without the
prior agreement of her guardian.
The ministry said it is the company’s right to seek prior agreement of the
guardian, especially for saleswomen, which requires them to conduct financial
dealings with customers.
“The company has to make sure females have guarantors, which is the case in
companies that specialize in ticket sales. If, for example, a female employee
were to breach her custody and the case is taken to the police, her guardian
would be held accountable to the employer,” a ministry official said in a
statement.
The statement came after local press obtained a copy of a document signed by a
group of women who work at a retail facility, which required the guardians’
approval for their female kin as a precondition for their work.
“I don’t support the idea of companies having to obtain an approval letter from
the guardian of a Saudi woman in order to employ her,” says Aisha Natto, a
member of the Jeddah Chamber of Commerce and Industry.
According to the guardian consent clause, those applying for employment are
required to sign a declaration, which obliges the guardians to bind their women
to comply with Shariah rules. The declaration requires women to keep away from
all matters that tarnish their reputation or the reputation of the companies
they work for.
The article, which requires the guardian’s consent for women’s employment, is
still operational in the public and private sectors. “It is applied by the
Ministry of Civil Service, which requires the guardian’s agreement at the time
of women’s employment,” said legal advisor and former judge, Faisal Al-Ashwan.
He said this is to protect the rights of women and ensure they are not
exploited by employers because they can be weak in demanding their financial
rights. “The article doesn’t mean a woman can only work if she obtains her
guardian’s approval; it means she should have a guardian to protect her
rights.”
Saudi universities dropped the requirement for guardian approval five years
ago. Proof of identity from the Civil Status Department is deemed enough.