Khalifa approves law protecting rights of support service workers
dubai — The President, His Highness Sheikh Khalifa bin Zayed Al Nahyan, on Tuesday gave a nod to a major law on support service workers, including domestic workers.
The law — Federal Law No. 10 of 2017 — which was approved by the UAE’s Federal National Council in May strictly prohibits discrimination between workers based on race, colour, sex, religion, political opinions or nationality, as well as sexual harassment, forced labour or human trafficking.
Saqr bin Ghobash Saeed Ghobash, Minister of Human Resources and Emiratisation, said the new law will work to achieve balance, regulate contracts and provide legal protection to the workers.
A total of 19 service work categories covered by the law include guards, sailors, parking valet workers, farmers, gardeners, domestic workers, cooks and nannies, as well as private nurses, drivers and valets.
The 41 articles of the law include provisions on tariffs, recruitment and employment offices, labour contracts, the obligations of employers and employees, inspections, penalties, holidays, end of service indemnity, termination of contract and the settlement of disputes. Additionally, the law makes provisions for a total daily rest period of at least 12 hours, of which eight must be consecutive.
“The law is characterised by its coverage of all stages of the contractual work cycle through a set of provisions that lay out obligations of all parties, including recruitment offices involved with the mediation of the temporary employment of workers,” Ghobash said, adding that the law reflects the country’s commitment to uphold the rule of law and harmonise its laws with international standards pertaining to labour issues.
As per the articles of the law, recruitment offices — which acts as the employer in cases of temporary work — are also mandated to ensure that workers are aware of and agree to the nature of work and salary. Also, they have to verify proof
The new law will work to achieve balance, regulate contracts and provide legal protection to the workers.” Saqr bin Ghobash Saeed Ghobash, Minister of Human Resources and Emiratisation
of the workers’ medical physical and psychological fitness and other conditions before bringing the worker to the UAE.
Similarly, the law mandates that recruitment agencies bear the expenses of returning a non-performing worker to his home country, and must provide an alternative to the employer free of cost. Otherwise, the recruitment agency is expected to refund all funds received from the employer. Agencies are strictly forbidden from accepting or demanding any commission from workers in exchange for jobs, nor can they claim any fees from workers for medical examinations.
Agencies are also liable to provide temporary housing for the workers, and must familiarise the workers with the customs and traditions of the UAE upon their arrival. With regards to labour contracts, the law stipulates that they must include the total salary, as well as the method of payment, permits allowed for the worker, the duration of probation periods, and conditions that may result in termination among others. Both parties — the employer and the employee — should agree on the contract terms. No other nationality other than the UAE citizens will be allowed to work as intermediaries for the recruitment to a third party. The law goes into effect two months after its publication in the Official Gazette. Once implemented, recruitment agencies will be given a six month deadline to settle their conditions in line with the new law.
reporters@khaleejtimes.com