The Nature of Domestic Service Contract

A Study of the Jordanian Law, Saudi Bylaws, and the International Labor Convention in Comparison with Islamic Shari`a

Abstract

The study of domestic service contract raises many problems, on top of which is the problem of determining its nature. Thus, this study is meant to investigate this issue due to its theoretical and practical importance. By explaining the nature of domestic service contract, the main features of the contract mentioned become clear. Then, the system that the contract is subjected to becomes clear in terms of the conclusion of the contract, its effects, expiration, and the settlement of disputes arising out of it. The study deals with this subject in light of Islamic Shari`a, which has had a head start in establishing the provisions of this contract through the "private worker" being one of the two forms of work contract. This requires interpreting the contract mentioned as such in a comparative framework with the Jordanian law, the Saudi legal system, and the International Labor Organization - via the convention concerning decent work for domestic workers. The aim is to investigate the position of these legislations in regards to the mechanism of handling the issue under discussion in order to provide practical results and propose recommendations that would address the shortcomings of the legislations in question.