All you need to know about new law on domestic workers

The contract, which can extend to no more than two years and is renewable for similar periods, shall more particularly specify the date of its conclusion, the date on which work is to begin, type of the work and workplace, duration of the contract, the remuneration and how it is paid, leaves, probation period and rest times, and any other terms required by the nature of work.

Remuneration, which has to be communicated to the worker and agreed by him before travelling to the UAE, has to be paid no later than the 10th of the following month and a receipt is signed upon every payment. The Ministry of Human Resources may set a suitable wage protection system.

Violators of the law will receive tough penalties including prison terms and hefty fines. A worker who fails to keep secrets of his employer even after the term of employment shall receive a prison term of up to six months, a fine of up to Dh100,000 or both. Those who encourage a domestic worker to quit his job or offer shelter to him or her or stop law enforcement officers from doing their job shall receive the same penalty and the court may also order deportation after the prison term is served. Placement agencies which break the law shall be punished with a fine of up to Dh100,000 and recurrence of the offence will multiply the fine. An employer who asks a domestic worker to do a job that is not within the scope of duties indicated to perform in the contract shall receive a fine of up to Dh10,000, which will also be applicable to the worker and the employer who fail to report the employee’s absence from work to the police within 48 hours. Cases filed by workers under this law shall be exempt from court fees at all stages of litigation and shall be heard in an expeditious manner. Placement agencies of domestic workers have to adjust their legal status within a year from the date this law takes effect.

Categories of domestic workers

The new professions under the domestic helpers’ category are (only for households, not companies): Housemaid, private sailor, watchman and security guard, household shepherd, family chauffeur, household horse groomer, household falcon trainer, domestic labourer, housekeeper, private coach, private teacher, babysitter, household farmer, private nurse, private PRO, private agriculture engineer. Existing professions under domestic helpers category: Maid, household farmer and family chauffeur.

Rights and responsibilities

A domestic worker will be entitled to the following benefits in terms of leave: A weekly day off with full pay. Where circumstances require an employee to work on this day, he or she will be granted a day in lieu or receive its payment. The regulations will set out working hours and rest breaks for every type of job. A paid annual leave of 30 days. If a worker’s service is less than a year but more than six months, the leave will be counted on the basis of two days for every month. A domestic worker shall enjoy sick leave of up to 30 days a year, including 15 days with full pay, while the next 15 days will be without pay.

Employment conditions

Effective protection against all forms of abuse, harassment and violence and workers should also be provided with decent living conditions that respect their privacy. Workers will have the right to revoke the contract if the employer fails to honour obligations. Obligations of the employer shall include all terms and conditions as set out in the contract in addition to ensuring the work environment, tools and equipment are safe for the workers, who shall also be provided with proper accommodation, clothing and food, medical care, good treatment, respect and dignity, and physical safety.

Worker’s duties

A domestic worker shall honour all obligations set out in the contract, in addition to performing duties in person and in keeping with instructions of the employer. The employee has to exercise due care in performing his or her duties and may not be absent from work without a valid reason. The worker has to respect customs and traditions of the society and public norms. Orders of employees have to be met unless these orders are not within the scope of the duties the worker had undertaken to perform in the job contract, are in violation of the law or public order, endanger the worker’s safety or hold him or her accountable. The worker has to exercise due care to preserve the employer’s private properties, tools and equipment and must not use these equipment outside the workplace, unless the employer’s consent is obtained. The employee shall also keep in confidence the employer’s secrets during and after the term of employment.

Entitlements

At the end of the contract, the employer has to settle all the worker’s dues within ten days and, in the case of the worker’s death, the employer has to repatriate the body to the worker’s home country.

A worker who completes at least a year of service will be entitled to an end of service gratuity amounting to one month’s salary for each year of service. The employee shall forfeit entitlement to severance pay if he or she is absent from work for more than 30 consecutive days.

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