The United Arab Emirates has launched a significant initiative to ensure fair treatment for domestic workers by implementing the Domestic Workers Law, which was enacted in Federal Decree-Law No. 9/2022 on Domestic Workers, and Cabinet Resolution No. 106 of 2022, which sets out the executive regulations for this decree. This law represents a significant step in strengthening the legal framework governing labor relations, as the Domestic Workers Law provides a regulatory framework governing the employment and recruitment of domestic workers in the UAE.
Through this legal framework, the UAE aims to improve the conditions of domestic workers and provide a fair and healthy working environment for all stakeholders, including employers and workers. The Domestic Workers Law represents a major development in regulating this sector, encompassing a set of rules related to licensing, working conditions, wages, leave, and dispute resolution procedures.
Licensing Requirements and Obligations:
Article 4 of the Domestic Labor Law stipulates licensing requirements for domestic labor recruitment agencies, requiring approval from the Ministry of Human Resources and Emiratisation (MoHRE) before undertaking any recruitment activities. The law also prohibits the recruitment of workers under the age of 18 and specifies a set of prohibited acts during the recruitment process to ensure the protection of workers’ rights.
Articles 6 and 7 of the Domestic Workers Law specify clear requirements for signing an official contract approved by the Ministry of Human Resources and Emiratisation between the employer and the worker. The contract covers all requirements specific to domestic workers, including their rights and duties, financial obligations, and the duration of the work. The law also requires recruitment agencies to inform workers of the job details and ensure they do not charge any commissions. They also require pre-employment medical examinations and the provision of suitable housing.
Working conditions, vacations and wages:
Article 9 of the Domestic Workers Law and Articles 7 and 8 of Cabinet Resolution No. 106 of 2022 affirm domestic workers’ right to a paid day off each week. The law also specifies a daily rest period of no less than 12 hours, which must include eight hours of uninterrupted sleep.
Article 10 of the Domestic Workers Law guarantees workers the right to annual leave of no less than 30 days, with official holidays being included. The law also grants workers additional leave if their service period exceeds six months but is less than one year, as they are entitled to two days off for each month.
The employer is required to pay for a round-trip ticket for the worker if they decide to spend their annual leave in their home country. If work conditions require the worker to work during their annual leave, the employer is entitled to pay the wage in addition to the leave allowance. According to Article 15 of the Domestic Workers Law, the wage must be paid monthly in UAE dirhams, and the worker may not be required to work during their annual leave more than once in two consecutive years.
Sick leave and other obligations:
The Domestic Workers Law allows a worker to take a maximum of 30 days of sick leave per year, based on a medical report, with full pay for the first 15 days. If the injury is caused by the worker’s misconduct, no pay is payable. Article 17 also addresses the withholding of pay during preventive detention. Both the employer and the worker are responsible for notifying the Ministry of Human Resources and Emiratisation of any absences or departures.
Obligations of the employer and the employee:
Articles 11 and 12 of the Domestic Workers Law outline the obligations of both employers and workers. The employer must pay the agreed-upon wage, cover medical treatment or health insurance, and provide the worker with necessary housing, food, and clothing. In return, the worker must perform assigned tasks diligently, comply with instructions, and respect social customs.
The Domestic Workers Law also specifies the circumstances in which employment contracts terminate, such as expiration of the specified term, the death of the worker or employer, the worker’s conviction, or upon mutual agreement between the two parties to terminate the contract. The employer must settle all financial dues of the worker within 10 days of the contract’s expiration.
Termination of the contract:
Article 20 of the Domestic Workers Law stipulates that either party, whether the employer or the worker, has the right to unilaterally terminate the contract in the event of specific violations stipulated in the law. If the employer decides to terminate the contract without providing a justifiable reason, they are required to provide the worker with a return ticket to their home country and settle all remaining financial dues, including wages and any other contract-related entitlements. This legislation aims to guarantee the worker’s rights in the event of sudden and unjustified termination of the contract by the employer, and to protect them from any exploitation or harm that may result.
End of Service Gratuity and Dispute Settlement:
Article 22 of the Domestic Workers Law authorizes the Council of Ministers to determine end-of-service gratuity systems for domestic workers. Article 23 also specifies dispute resolution mechanisms, focusing on amicable settlements through the ministry, with the possibility of referring the case to court if a settlement is not reached.
Inspection and penalties:
Article 24 of the Domestic Workers Law allows Ministry of Human Resources and Emiratisation employees to monitor and inspect various aspects related to domestic workers. Article 25 stipulates administrative penalties for violations , as outlined in the law’s executive regulations. Article 27 includes penalties that may range from fines of up to AED 1,000,000 for violations of the law’s provisions, including providing false information, employing unlicensed workers, or exploiting electronic systems.
The UAE’s Domestic Workers Law is a major step toward guaranteeing the rights of domestic workers and protecting them from exploitation. Through this law, the UAE seeks to provide a fair and professional work environment for all stakeholders.
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