The new UAE domestic workers’ law is intended to help ensure all parties involved in an employment contract have their rights protected.
On December 15, 2022, Federal Decree Law No. 9 of 2022 came into effect that guarantees workers and employers’ rights in the UAE. The new UAED Domestic Workers’ Law establishes that the rights of workers
Ensure that you comply with all of a nanny’s or housekeeper’s rights when employing them, in order to avoid getting into trouble.
Rights of domestic workers under the New Domestic Workers’ Law
- A paid one-day break per week. However, if they work on their day off, they are entitled to a day in lieu or a cash compensation.
- No less than 12 hours of break per day, 8 hours of them to be consecutive.
- A yearly paid vacation of no less than 30 days.
- Once every two years, the employer will bear the cost of a two-way air ticket for the domestic helper to spend vacation in their home country.
- Sick leave of no more than 30 days, consecutive or divided, within a contractual year as needed. A medical report from a credible health authority in the UAE is needed.The first 15 sick leaves to be fully paid; the other 15 days to be on half-pay.
- Employees are entitled to receiving a copy of their employment contract.
- The domestic helper must respect the privacy of the employer and withhold from disclosing any secrets.
Rights of employers under the New Domestic Workers’ Law
- The employer has the right to refuse employing a domestic helper that a recruitment agency has brought in, if the agency violated conditions stated in the contract. In this case, the recruitment agency must secure another domestic helper or refund any amounts paid.
- The employer is not obligated to pay for the domestic helper’s return to their home country if they move to another job.
- Bear the costs of any medical treatment for the worker, or provide health insurance following the applicable legislation
- The domestic helper must respect the privacy of the employer and withhold from disclosing any secrets.
Duties of recruitment agencies under the New Domestic Workers’ Law
- Carrying out the necessary health checks of the domestic helper at least 30 days before entering the country.
- Educating the domestic helper of the UAE’s social norms and culture.
- Securing appropriate accommodation and living conditions for domestic helpers.
- Recruitment agencies must provide an alternative worker or refund the recruitment fees to the employer if the contract was breached or the worker was found incompetent or shows improper personal attitude.
New UAE Domestic Workers’ Law : List of the violations and the fines as per the Cabinet Resolution:
- Submitting fraudulent or fictitious absconding report against the domestic worker: Dh5,000 for each domestic worker.
- Submitting incorrect documents or information in order to obtain a service or benefit: Not less than Dh1,000 and not more than Dh10,000 for each case.
- Failure to comply with the requirements and measures pertaining to occupational health and safety as stipulated in Federal Decree Law No.9 of 2022, its executive regulations and implementing ministerial decisions, in addition to all other prevailing legislation in the country: Not less than Dh1,000 and not more than Dh10,000 for each case.
- Employing a domestic worker without obtaining a work permit for him or her, or failing to employ a domestic worker for whom a work permit has been issued, or allowing the worker to work for others without adhering to the requirements and settling his or her legal status: Dh5,000 for each illegal domestic worker.
- Evidence of non-payment of wages to the domestic worker in accordance with Ministry regulations and deadlines: Not less than Dh500 and not more than Dh5,000 for each domestic worker.
- If the employer or a member of his family assaults or harasses the domestic worker: Dh20,000 for each case.
- If the employer fails to provide adequate accommodations for the domestic worker, or fails to provide adequate meals and clothing for the domestic worker to perform his or her duties, or if the domestic worker is employed in an occupation that differs from the nature of his or her work without the worker’s consent: Not less than Dh1,000 and not more than Dh10,000 for each domestic worker.
- Treatment in accordance with the applicable health system in the country or if the employer fails to pay the necessary compensation associated with work injuries and occupational diseases in accordance with the provisions of Decree-Law No. 33 of 2021 regarding the regulation of labour relations: minimum Dh500 and not more than Dh5,000 for each case.
- Withholding the domestic worker’s identification documents: Dh500 for each domestic worker.
- Failure to register the domestic worker in the Wages Protection System in accordance with the Ministry’s requirements: Dh100 for each domestic worker.