Guardians’ agreement for Saudi women’s employment finds few takers

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.