Domestic workers law in UAE contain 41 articles to protect them, oh yes and no body will tell you this that each enclose the rights of domestic
helpers including working hours, daily rest, contract terms, annual or
medical leave, gratuity payments and many more useful things. Let’s discuss the Rights of UAE domestic workers.
safety of workers on workplace and prohibits discrimination among other
employees working in UAE on the basis of race, color, gender, profession and
religion.
days of each month.
of rest every day.
per year.
years contract.
year.
papers with worker.
complaint.
to court.
fees at all stages.
fees to be return to worker.
Legal Prohibitions of Domestic
Workers:
law prohibits the following:
Discrimination on
the basis of race, color, religion and profession
The employment of
anyone under the age of 18
Sexual harassment
(physical and verbal)
Exposure to
physical harm
Assignments or
orders of tasks not mentioned in the contract
Domestic workers Annual Leave:
The new domestic helper law, which
comes into force on December 15, 2022, states the following:
·
The domestic helper is not entitled to annual leave 6 months from the
date of employment.
·
The domestic helper is entitled to 2 days for each completed month,
should the period of service be 6 months at least and a year at most (for
example: if the worker completed 7 months, then they are entitled to 12 days
leave in total, calculation is 2 days x 6 previous months).
·
The employer may determine the beginning date of the annual leave, and
may divide it, if necessary, into 2 periods.
30 days of Annual Leave:
·
If the domestic helper has completed 1 year of service, they are
entitled to not less than 30 days of annual leave.
·
If the domestic worker has completed 1 year, his/her wage shall be paid
in advance by the employer.
·
Should the work circumstances require the domestic helper to work during
their annual leave and their leave was not postponed to the following year, the
employer must pay their wage as well as an allowance for the days of work,
based on their basic wage.
·
It is not allowed to ask the domestic helper to work during their annual
leave more than one time in 2 consecutive years.
According to the new Domestic Helpers Law, employers (such as the family that the domestic helper works for) may determine the domestic helper’s annual leave under specific conditions.#UAE #MoHRE pic.twitter.com/pTaotFvoWV
— وزارة الموارد البشرية والتوطين (@MOHRE_UAE) October 17, 2022
2 Years Warranty system:
MOHRE approved recruitment agencies
provide a 2-year (24 months) warranty for the employer (owner) if their domestic
helper (housemaid, nanny etc) refuses to work or is unfit to meet their job
requirements.
As per new announcement on October
18, 2022, the employer has the following rights:
·
As an employer, you have the right to ask the recruitment agency to
replace your domestic helper or refund the total amount if the helper served
less than 30 days.
·
If they served more than 30 days (1 month), the employer has the right
to ask for a replacement or refund, based on the below calculation.
Example of MOHRE Calculation:
1.
An employer paid AED15,000 for recruitment fee (visa cost)
2.
Domestic workers contract is for 24 months (2 years)
3.
Let’s assume the domestic helper worked for 4 moths
4.
We divide 15,000/24 = AED625
5.
Then, AED625X 4 months of service = AED2,500
6.
The refund amount is 15000 – 2500 = AED12,500.
So, if the domestic worker works
less than 1 month with his/her new employer, the employer has legal right to
ask for refund of his recruitment cost which is 15000 AED approximately for 2
years (per employee).
In this case, the hiring agency (tadbeer) may
ask employee (domestic helper) to pay the visa cost if he/she refuses to work
or is unfit to meet employer requirements. The visa cost may be payable as per
above calculation which is 625 AED per month.
MoHRE-approved recruitment agencies provide a two-year (24 months) warranty for the employer if their domestic helper refuses to work or is unfit to meet their job requirements. #UAE #MoHRE pic.twitter.com/nEHVNmskEY
— وزارة الموارد البشرية والتوطين (@MOHRE_UAE) October 18, 2022
Hiring and Recruitment Procedure:
TADBEER Centre Packages:
packages to customers.
direct sponsorship of the employing family, the tadbeer centre will hire
domestic worker from outside UAE with the guarantee of their performance and
loyalty to 180 days. All government fees for entry visas, benefits such as
accommodation, meal and medical will be paid by sponsor.
hire a worker on temporary basis for 6 months, the helper visa can be transferred
to family sponsorship after completing six months period. It helps families to
check the workers performance before sponsoring them.
of worker for two-year period under the sponsorship of TADBEER.
to customers, employers who wanted to hire domestic workers on hourly, daily or
weekly bases can take benefit from this package. The fees for hiring domestic
worker for a month under time-based package is 3500 AED whereas 120 AED for 1
week, 200 for 8 hours and 120 AED for 4 hours.
Contract, Insurance and Termination
Rules:
of their signed contract from TADBEER center which mention and cover the domestic
helper insurance policy up to Dhs 20,000.
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| Domestic workers Copy |
In-case of earlier termination from
employer, the agency must repatriate (send back home) the worker at its expense
or return the fee employee had paid.
Domestic Workers Labour Law:
Nahyan the president of United Arab Emirates promulgate the following 41
articles for domestic workers in UAE also known as domestic helper law no 10 for the year 2017, you can read and download all in-order to
protect yourself or use it in case of dispute between you and your employer,
sponsor, company or agency.
To Download Arabic Version: Click Here
Scope of Application of the Law:
Recruitment Agencies:
Employment Contract:
Work Regulations:
Yearly Leaves:
Inspection:
Dispute Resolution:
Contract Termination:
End of Service Compensation (Gratuity):
Penalties:
Final Provision:
What if Employers not follow rules?
messages, comments and emails with subject that my employer is not following
UAE Labour law for domestic workers or not allowing us break, not paying us
gratuity and annual leave payments etc, what to do if employer is not following
UAE rules?
your rights as you signed in your contract, if you don’t know what is written in your contract, check it here or ask it from your employer, second if employer still denies show him the official article published
by MOHRE, if again he/she violates the law follow legal steps by registering a
complaint, we already have a guide on how to complaint, and not only we the MOL (MOHRE) also advise domestic workers of complaint
against employer in case of dispute.