Domestic Workers Law In UAE: A Comprehensive Guide To Rights And Responsibilities

• Published date: 07 March 2024
• Subject Matter: Employment and HR, Employee Rights/ Labour Relations
• Law Firm: Awatif Mohammad Shoqi Advocates & Legal Consultancy
• Author: Dr. Hassan Elhais

Introduction:

The UAE has embarked on a significant initiative to ensure equitable treatment for Domestic Workers through the implementation of Federal Decree-Law No. 9/2022 Concerning Domestic Workers and Cabinet Resolution No. 106 of 2022, outlining the Executive Regulations of Federal Decree-Law No. 9/2022, further refines the legal framework. Together, these legislative measures represent an essential step in regulating employment relationships, providing a comprehensive and structured framework that governs the recruitment and employment of Domestic Workers in the UAE.

Licensing Requirements and Obligations:

Article 4 outlines licensing requirements for Domestic Workers Recruitment Offices, emphasizing the need for Ministry of Human Resources and Emiratisation (MoHRE) approval.

• The law prohibits recruiting workers under 18 and specifies prohibited acts during recruitment.
• Articles 6 and 7 authorise a formal contract, approved by the MoHRE, covering worker requirements, rights and obligations financial obligations, and the recruitment process timeframe.
• Recruitment Offices must inform workers about job details refrain from charging commissions, conduct pre-employment medical examinations, and provide suitable accommodation.

Employment Conditions, Leaves, and Remuneration:

Article 9 of Federal Decree-Law No. 9 of 2022 and Articles 7 and 8 of Cabinet Resolution 106 of 2022 ensure that Domestic Workers receive a paid day off every week.

• A daily rest period of at least 12 hours, including a continuous 8-hour sleep, is mandated.
• Article 10 addresses leaves, entitling Domestic Workers to an annual leave of at least 30 days, with public holidays considered part of it.
• For service periods exceeding 6 months but less than a year, 2 days per month are granted to the workers.
• Employers shall pay round-trip airfare if a worker spends annual leave in their home country.
• If work conditions require a Domestic Worker to work during their annual leave, the Employer may pay their Remuneration plus a leave allowance.
• As per Article 15, the Remuneration of the worker must be a monthly payment in AED, and a Domestic Worker cannot be required to work during annual leave more than once in 2 consecutive years.

Sick Leave and Other Obligations:

• A Domestic Worker may take a maximum of 30 days per year based on a medical report, with the first 15 days fully paid.
• Remuneration is not payable if the illness results from the Domestic Worker's misconduct.
• Article 17...