Recruitment or temporary employment of domestic workers is permitted only after obtaining a license from the Ministry of Human Resources and Emiratisation.
Dubai: New law on domestic workers in UAE. Provision is made to provide a suitable working environment for domestic workers in accordance with national legislation and international agreements
Federal Order-Law (9).
According to the new law, the recruitment or temporary employment of domestic workers will only be allowed after obtaining the relevant license from the Ministry of Human Resources and Emiratisation.
What does the law say?
The law strictly prohibits the recruitment or employment of domestic workers under the age of 18. If the recruitment agency violates the terms of the contract, the employer can refuse to hire the worker.
The law stipulates that domestic workers should not be recruited from their home country unless informed about the nature of work, salary and other benefits. Evidence of workers’ fitness, health, mental and occupational status must be obtained prior to employment.
The employment contract is formalized on the basis of a format approved by the Ministry of Human Resources and Emiratisation, specifying the conditions related to the recruitment of the worker. This should include the specified period of recruitment and the basic rights and obligations that the employer undertakes in terms of employment and remuneration of the employee.
The contract should specify the employer’s relevant financial obligations and recruitment agency fees for bringing the worker from their country to the UAE.
In case the recruitment agency violates the conditions, the law stipulates that the employer must provide an alternative worker or refund the recruitment fee. The agency must pay damages for damages caused by the breach of contract.
Recruitment agencies may not charge any commissions, either directly or through third parties. No fee should be taken from the worker. Recruitment agencies should treat domestic workers humanely and make them aware of the culture and traditions of the UAE society. They are also obliged to report the complaints to the concerned authorities.
Recommendations for Employers
The Ordinance also specifies the duties of the employer towards the workers. Adequate accommodation, food and clothing should be provided as long as the employee works for the employer on a full-time basis.
The worker must be treated properly, their dignity and physical strength must be preserved and the salary agreed upon based on the employment contract, the provisions of the decree-law and the resolutions issued by the Ministry. Medical treatment for the worker, or health insurance in accordance with applicable laws.
The Act lays down conditions and guidelines to ensure that the heirs of domestic workers who die in service are entitled to their deceased month’s salary along with other applicable dues.
Things to be observed by workers
The worker must perform the work under the direction and supervision of the employer and in accordance with the employment contract. Respect workplace privacy and protect employer property, work equipment, etc. Do not work outside without the employer’s permission. Do not work except under the work permit issued to them by the Ministry and the applicable provisions.
If the employee wishes to go to his home country for annual leave, the cost of travel will be borne by the employer once in two years. If both parties agree to terminate or not renew the employment contract after the annual leave, the employer will cover the employee’s one-way ticket to the home country.
Dispute resolution
If a dispute arises between the employer and the domestic worker and cannot be resolved amicably, it should be referred to the Ministry of Human Resources and Emiratisation. If an amicable settlement is not possible within the specified period, the dispute shall be referred to the appropriate court.
The employee has the right to seek a new employer as per the terms and conditions. If the worker joins another job in accordance with the conditions, the employer is not liable to pay the cost of repatriation.