The Federal Decree-Law No. (9) of 2022\nregarding domestic workers will come into force as of 15 December, 2022, said\nthe Ministry of Human Resources and Emiratisation on Wednesday.<\/p>\n\n\n\n
The decree-law establishes a comprehensive framework\nto strengthen and regulate labour relations for the recruitment and employment\nof the domestic workers in the UAE and defines the responsibilities of the\nparties to the relationship in a way that safeguards their rights and duties.\nIt also stipulates providing an appropriate work environment for the domestic\nworkers in accordance with the national legislation and international\nagreements in force in the UAE.<\/p>\n\n\n\n
According to the\nnew law, recruitment or temporary employment of domestic workers is only\nallowed if a relevant license from the Ministry of Human Resources and\nEmiratisation (MoHRE) is obtained.<\/p>\n\n\n\n
Recruitment or\nemployment of a domestic worker under the age of 18 years is strictly\nprohibited, according to the law, which also permits the employer to refuse to\nemploy a domestic worker if the recruitment agency had violated the terms\nagreed upon in the contract.<\/p>\n\n\n\n
The decree-law stipulates\nthat the domestic worker must not be recruited from their country unless they\nare informed of the nature of the work, salary and other benefits. Evidence of their\nfitness, health conditions, psychological and occupational status should also\nbe made available prior to employment.<\/p>\n\n\n\n
The employment\ncontract shall be formalised based on the format approved by the Ministry of\nHuman Resources and Emiratisation, specifying the conditions related to the\nrecruitment of the domestic worker. This should include the specified period of\nrecruitment as well as the basic rights and obligations that the employer shall\nbe committed to in terms of the domestic worker\u2019s type of work and salary.<\/p>\n\n\n\n
The contract\nshould also specify the relevant financial obligations of the employer to bring\nthe worker from their country to the UAE as well as the recruitment agency\nfees.<\/p>\n\n\n\n
In the event of violations of conditions by the recruitment agency, the decree-law stipulates that an alternative worker should be provided, or a refund of the recruitment fees should be made to the employer who would be, in this situation, entitled to ask the agency for a compensation for any potential damages due to breach of contract.<\/p>\n\n\n\n
The recruitment agencies are also prohibited, whether\ndirectly or through third parties, from charging any commissions or collecting\nany fees for the worker\u2019s employment. <\/p>\n\n\n\n
The recruitment agencies are obliged by law to treat\nthe domestic worker in a humane manner, without exposing them to violence, and to\nmake them aware of the culture and traditions of the UAE society, and to inform\nthem about the relevant authorities to voice any complains or concerns about their\nrights and freedom, in addition to providing appropriate accommodation in\naccordance with the rules and regulations governing labour accommodations in\nthe country.<\/p>\n\n\n\n
The decree-law also specifies the obligations of the employer toward the\ndomestic worker, including providing appropriate accommodation, a food and clothing\nto perform their duties as long as they work for the employer on a full-time\nbasis not temporarily, unless otherwise agreed.<\/p>\n\n\n\n
The employer must also treat the domestic worker properly, preserving their\ndignity and physical integrity, and pay their salary based on the agreed\nemployment contract, the provisions of the decree-law and the resolutions\nissued by the Ministry, besides bearing the costs of any medical treatment for\nthe worker, or providing health insurance in accordance with the applicable legislations.<\/p>\n\n\n\n
The law prohibits\nthe employer to recruit any domestic worker, unless they are licensed to work\nand not employing them for others, or with a profession different from the\nnature of the work defined, except with their consent and provided that it is\none of the professions mentioned in the executive regulations of the decree-law.<\/p>\n\n\n\n
The decree-law\ngrants the domestic worker the right to keep their personal identification\ndocuments. It also stipulates the conditions and guidelines to grant the heirs\nof the domestic worker who dies during service in the UAE, along with the\nsalary for the month in which they passed away besides paying any other applicable\ndues.<\/p>\n\n\n\n
As for the obligations\nof the domestic worker, the worker must perform the work as per the guidance\nand supervision of the employer and in accordance with the employment contract.\n<\/p>\n\n\n\n
They must provide\nthe necessary care and not interrupt work without an acceptable excuse, in\naddition to considering the culture and traditions of the UAE society and\nadhering to public decency and the instructions of the employer in implementing\nthe work agreed upon, unless it is in violation of the contract, the law,\npublic morals, or it exposes them to danger or legal accountability.<\/p>\n\n\n\n
The domestic worker must also respect the privacy of the workplace, preserve the employer\u2019s property, work tools, and everything in their custody, and not use them outside work without the employer\u2019s approval, and not work except under a work permit issued to them by the Ministry and in accordance with the applicable conditions.<\/p>\n\n\n\n
If the domestic\nworker wishes to travel to their country for annual leave, the employer shall\nbear the value of the round-trip fare once every two years. If the two parties\nagree to terminate or not renew the work contract after the annual leave, the\nemployer shall bear a one-way ticket only for the domestic worker to their home\ncountry.<\/p>\n\n\n\n
According to the law,\nin the event of a dispute between the employer and the domestic worker and the\ninability to settle it amicably, it must be referred to the Ministry of Human\nResources and Emiratisation, which has the right to take whatever steps it\ndeems appropriate to settle the dispute amicably in accordance with procedures\nstipulated in executive regulations of the decree-law.<\/p>\n\n\n\n
If an amicable\nsettlement is not possible within the specified period, the dispute shall be\nreferred to the relevant court. The law grants the domestic worker the right to\nwork for a new employer, provided that all contractual requirements are met,\nand the rights of the original employer are taken into account and in\naccordance with the conditions and procedures in force in the Ministry. <\/p>\n\n\n\n
The employer is\nnot obligated to pay the expenses of the worker’s return to their country if\nthe worker joins another job, in accordance with the provisions of this decree-law\nand its executive regulations.<\/p>\n","protected":false},"excerpt":{"rendered":"
The Federal Decree-Law No. (9) of 2022 regarding domestic workers will come into force as of 15 December, 2022, said the Ministry of Human Resources and Emiratisation on Wednesday. The decree-law establishes a comprehensive framework to strengthen and regulate labour relations for the recruitment and employment of the domestic workers in the UAE and defines …<\/p>\n","protected":false},"author":2,"featured_media":44298,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[],"class_list":["post-50953","post","type-post","status-publish","format-standard","has-post-thumbnail","","category-news"],"_links":{"self":[{"href":"https:\/\/www.uaebarq.ae\/en\/wp-json\/wp\/v2\/posts\/50953","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.uaebarq.ae\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.uaebarq.ae\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.uaebarq.ae\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.uaebarq.ae\/en\/wp-json\/wp\/v2\/comments?post=50953"}],"version-history":[{"count":1,"href":"https:\/\/www.uaebarq.ae\/en\/wp-json\/wp\/v2\/posts\/50953\/revisions"}],"predecessor-version":[{"id":50954,"href":"https:\/\/www.uaebarq.ae\/en\/wp-json\/wp\/v2\/posts\/50953\/revisions\/50954"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.uaebarq.ae\/en\/wp-json\/wp\/v2\/media\/44298"}],"wp:attachment":[{"href":"https:\/\/www.uaebarq.ae\/en\/wp-json\/wp\/v2\/media?parent=50953"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.uaebarq.ae\/en\/wp-json\/wp\/v2\/categories?post=50953"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.uaebarq.ae\/en\/wp-json\/wp\/v2\/tags?post=50953"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}