AT A GLANCE: UAE’S Domestic Workers Law
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.