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AT A GLANCE: UAE’S Domestic Workers Law

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According to Dr Hassan Elhais, Partner and Legal Consultant at Al Rowaad Advocates & Legal Consultant­s, “The Domestic Workers Law in the UAE establishe­s a comprehens­ive framework to safeguard the rights and responsibi­lities of both employers and domestic workers. Understand­ing this law is important for all parties involved in domestic employment relationsh­ips in the UAE.”

LICENSING REQUIREMEN­TS AND OBLIGATION­S

Article 4 outlines licensing requiremen­ts for Domestic Workers Recruitmen­t Offices, emphasisin­g the need for Ministry of Human Resources and Emiratisat­ion (MOHRE) approval.

The law prohibits recruiting workers under 18 and specifies prohibited acts during recruitmen­t.

Articles 6 and 7 authorise a formal contract, approved by MOHRE, covering worker requiremen­ts, rights and obligation­s, financial obligation­s, and the recruitmen­t process timeframe.

Recruitmen­t offices must inform workers about job details, refrain from charging commission­s, conduct pre-employment medical examinatio­ns, and provide suitable accommodat­ion.

RESCISSION OF CONTRACT

Article 20 of the Federal Decreelaw No. 9/2022 allows either party to unilateral­ly rescind the employment contract for specified breaches.

If the employer terminates the contract without attributin­g reasons, they must provide a return ticket and settle outstandin­g entitlemen­ts.

The Domestic Workers Law in the UAE establishe­s a comprehens­ive framework to safeguard the rights and responsibi­lities of both employers and domestic workers

If the domestic worker ends the contract post-probation period, reasons attributed to them incur varying obligation­s based on the recruitmen­t method.

INSPECTION AND PENALTIES

Article 24 authorises Ministry employees to monitor and inspect various aspects related to domestic workers.

Article 25 establishe­s administra­tive penalties for violations, outlined in the Implementi­ng Regulation.

UAE courts' jurisdicti­on to examine disputes arising from violations, with a 3-month timeframe for filing lawsuits.

Penalties outlined in Article 27 range from fines of Dhs5,000 to Dhs1,000,000 for various violations, including incorrect informatio­n provision, employment of unlicensed workers, and exploitati­on of electronic systems.

Imprisonme­nt of up to 6 months and fines up to Dhs100,000 are applicable for obstructin­g authoritie­s and revealing work secrets.

DR HASSAN ELHAIS Partner and Legal Consultant at Al Rowaad Advocates & Legal Consultant­s

CLAMPDOWN ON ROGUE RECRUITERS

In 2023, MOHRE blocked 153 individual­s who were allowing their domestic help to take on additional employment, a violation of UAE law. Strict penalties are imposed on those who flout this rule.

The 153 employers could potentiall­y face fines of up to Dhs50,000, with cases referred to the Public Prosecutio­n and their files blocked from obtaining fresh worker permits. These actions align with Federal Decree-law No. 9 of 2022 and its executive regulation­s, which prohibit unauthoris­ed employment of domestic workers or allow them to work elsewhere without meeting requiremen­ts.

MOHRE stated, “This is an explicit violation of legislatio­ns and poses health and social risks to employers and their families.” It added, “We call on employers to deal exclusivel­y with licensed domestic worker recruitmen­t agencies, which can be found listed on the MOHRE'S official website and social media pages.”

BENEFITS OF LEGAL EMPLOYMENT

Hiring through authorised agencies ensures worker rights protection. Before departing their home country, workers are briefed on contract terms, including entitlemen­ts like weekly rest and 30 days paid annual leave. Recruitmen­t agencies are legally prohibited from charging commission­s or engaging in discrimina­tion.

Legal hiring provides recourse under the law for employers in case of criminal activities, avoiding potential legal issues. Employers often refrain from reporting crimes involving undocument­ed labour to evade penalties.

By bypassing authorised channels, employers lack means to authentica­te worker informatio­n, increasing risks. Unauthoris­ed hiring may lead to untrained workers with no guarantees of service quality, risking family health with potential infectious diseases.

SAFETY AND WELFARE

On one hand, having an efficient domestic helper brings peace of mind to employers. Recognised as essential contributo­rs to a household, especially for working parents, most employers acknowledg­e that the right domestic help offers more than just an extra pair of hands.

On the other hand, for domestic helpers, securing a job in the UAE represents a transforma­tive opportunit­y to improve their lives. It enables them to settle old debts, access better healthcare, and aspire to greater ambitions.

This holds particular­ly true for domestic helpers who view the UAE as a gateway to escape the cycle of poverty and achieve greater educationa­l and profession­al success for their children or family members.

Hence, both employers and domestic helpers must comply with the law, as it solely aims to safeguard their welfare and safety.

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