Legislation to protect rights of domestic workers in UAE

IT PROVIDES FOR WEEKLY DAY OFF, 30 DAYS PAID ANNUAL LEAVE, RETENTION OF DOCUMENTS

A law stipulating working conditions for domestic workers, including a regular weekly day off, 30 days of paid annual leave and the right to retain personal documents, was approved by President His Highness Shaikh Khalifa Bin Zayed Al Nahyan, it was announced yesterday.

The new law also provides for a daily rest of at least 12 hours — including at least eight consecutive hours.

Saqr Ghobash Saeed Ghobash, Minister of Human Resources and Emiratisation, said the law strikes a balanced domestic worker-employer relationship and regulates it in a way that protects rights of all parties involved.

“The law, moreover, reflects the UAE’s commitment to supremacy of law and to aligning the local legislation with international labour standards,” Ghobash added.

Ghobash said the Ministry of Human Resources and Emiratisation will soon complete the executive regulations and job contracts ahead of the implementation of the law.

The law will take effect two months after it is published in the official gazette.

The law promotes decent work conditions for domestic workers, including social protection and access to specialised tribunals at the Ministry of Human Resources and Emiratisation and courts. It sets 18 years as a minimum age for a domestic worker, which is consistent with the international rules on elimination of child labour.

Placement agencies have to ensure that domestic workers are informed of the terms and conditions of their employment such as the nature of work, the workplace, the remuneration and the period of daily and weekly rest as set out by the executive regulations before they cross their national borders.

The new centres called Tadbeer, which will replace domestic worker recruitment agencies by the end of the year, will guarantee proper visa, orientation and training for the workers.

Agency obligations

The law says: “A contract accredited by the Ministry of Human Resources will be signed by the employer and the employment agency, setting out job description and qualifications of the worker as well as obligations of the employer. This contract will also detail the financial obligations towards the worker travelling to the UAE, the fees of the agent and the period required to bring in the employee.”

If the agent fails to honour the obligations set out in the contract, the employer shall have the right to decide against offering the job to the worker. The agent will then bear the cost of sending the worker back to his/her home country.

The employer also has the right to claim compensation for any inconvenience caused by the agent’s failure to meet the contract’s terms.

A domestic worker, the law states, may be engaged on probation for six months, during which his or her service may be terminated by the employer with the placement agency bearing the cost of sending the worker home if necessary.

The placement agent has to repay all fees if the contract is revoked on the worker’s own will, because of the worker or because the agreed terms of the employment contract are not honoured.

Wage protection

Remuneration, which has to be communicated to the worker and agreed by him or her 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 and Emiratisation may introduce a more suitable wage protection system.

No amount of money may be deducted from a worker’s salary or end-of-service gratuity except for a debt payable in execution of a court ruling or repair of any damage caused by the worker, provided that the deduction shall not exceed a quarter of the worker’s salary. If a dispute arises, it has to be settled by the special tribunals at the Ministry of Human Resources or be referred to the court.

The employer must inform the Ministry within five days of the worker’s absence from the workplace without a valid reason. A worker must inform the Ministry within 48 hours from quitting work without the knowledge of the employer.

The recruitment agency must present a copy of the job offer to the worker prior to the worker’s departure from his country of origin. A standard contract accredited by the Ministry of Human Resources and Emiratisation will govern the terms and conditions of the employment.

Either employer or domestic worker may terminate the contract if the other party fails to meet his obligations. The employer or worker may terminate the contract even if the other party has met his obligations. This is called a ‘no-fault’ termination and it is subject to compensation as outlined in the Domestic Labour Law.