To streamline the process of recruitment and protect the rights of the workers, the UAE has issued Federal Decree Law No. 9 of 2022 Concerning Domestic Workers (“Law”).
Domestic Worker Recruitment Offices
Federal Decree Law No. 9 of 2022 under Article 4 states that only licensed recruitment offices can recruit domestic workers in the UAE, and the recruitment must be carried out as per the prescribed laws and regulations in force in the UAE. The Article further states that it will be illegal to employ workers below the age of 18, and the workers must not be employed in activities that are not mentioned under this Law.
The Law also prohibits discrimination of workers on the basis of race, colour, gender, religion, national origin, social origin or disability. All workers must be given equal rights and opportunities. Sexual harassment of workers and forced labour is also strictly prohibited in the UAE.
Under Article 5 of the Law, a domestic worker must be recruited from his home country only after informing him of the type and nature of the work and the salary offered. Additionally, recruiters must ensure the worker’s physical, mental, and professional fitness, in addition to the fulfilment of other conditions set out by law, as per the nature of the occupation. A medical examination must also be carried out within 30 days of the worker’s entry to the UAE. Recruiting a worker below the age of 18, recruiting a worker and not providing them with employment or closing down the Domestic Workers Recruitment Office or suspending its activity without taking action to settle the rights of the Domestic Workers will result in a fine between AED 50,000 and AED 200,000. Furthermore, providing incorrect information or documents with the intention of recruiting a Domestic Worker to the UAE can lead to imprisonment for up to 6 months and fine between AED 20,000 and AED 100,000.
Article 5 also lays down that the recruiters must not accept any form of commission or fee from any Domestic Worker against securing the job, whether before or after commencing work. They must also be given appropriate accommodation and food, subject to the rules and controls regulating labour accommodations in the UAE.
The Law lays down that all domestic workers must be treated well. They must not be subject to any type of violence. They must be made aware of the authorities that they can approach, to make any complaint concerning any violation of their rights or freedoms
The fine imposed under this Law and its Implementing Regulation or the decisions implementing them shall be multiplied by the number of workers in respect of whom the violation is committed, up to a maximum of (10,000,000) ten million dirhams.
Obligations of the employer
Article 11 lays down the various obligations of an employer of a domestic worker, apart from the obligations laid out in the employment contract.
- The employer must only employ domestic workers who are licensed to work as per the prescribed laws. He must also ensure to provide all the necessary requirements for the performance of the work agreed upon, including appropriate accommodations, food and clothing.
- The domestic worker must be paid his full salary as written in the employment contract. The employer must undertake the medical expenses of the worker and compensate the worker for work injuries and occupational diseases as provided in the labour law under Federal Decree-Law No. 33/2021.
- The domestic worker must not be employed by any third parties except under the terms and conditions set out in the law.
- The Domestic Worker must be treated well so as to maintain his dignity and bodily integrity. He must be allowed to retain all his identification documents.
- In case of death of the domestic worker on duty, the employer must pay the heirs of the Domestic Worker for the month of his death, and any other entitlements due the worker.
- The employer must refrain from collecting any money or consideration from the Domestic Worker, unless otherwise specified in the law.
- The employer must notify the authorities of any violation of law by the Domestic Worker
- In case of termination of employment, the employer must incur the costs of repatriating the Domestic Worker in accordance with the provisions of this Law
Obligations of the Domestic Worker
As per Article 12 of the Law, the domestic workers are also imposed with certain obligations, apart from the stipulations in the employment contract, as provided below:
- Performing the work by himself and with due diligence, as per the instructions of the Employer, and as determined in the Employment Contract, unless these instructions violate the contract, the law, public order or public morality or expose him to danger or to legal liability.
- Refraining from absenteeism without a valid excuse.
- Observing the customs and traditions of society and public morality.
- Preserving and taking care of the Employer's properties and following the necessary safekeeping procedures.
- Respecting the privacy of the workplace and refraining from divulging the secrets that he is privy to by virtue of his work even after termination of employment.
- Providing the necessary aid and assistance in the event of disasters and hazards that threaten the workplace and those present there.
- Refraining from working under any form unless under a work permit issued to him by the Ministry and in accordance with the terms of such permit.
In conclusion, the UAE’s Federal Decree Law No. 9 of 2022 Concerning Domestic Workers is a vital legislation that works towards the protection of the rights of the vulnerable domestic workers who form an integral part of the UAE community. The law seeks to ensure fair treatment of these workers, as well prevent exploitation of the workers in the hands of their employers, as well as the recruitment agencies.
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About the Author
Dr. Hassan Elhais publishes analysis of UAE labour law matters, including employment relationships, workplace rights and employment disputes. For readers researching a labour lawyer in Dubai, his writing offers insight into the legal questions surrounding these topics. Explore his published work and practice-area information for further context.
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