The new guidelines will increase the number of offences punishable by fines and/or imprisonment for violations of working conditions and regulations from four to eight. Recruiters and licensed offices must follow a strict set of rules put in place to ensure the well-being of domestic helpers. The employer`s obligations also include the payment of wages in accordance with the assistance contracts and the assumption of the costs of any medical treatment. ¦ Sentences for repeat offenders will be doubled. Indeed, the new law will serve as a guide for all recruitment agencies, domestic workers and their employers – especially when it comes to upholding workers` rights. To learn more, here is an article on working hours, official holidays and public holidays, based on the UAE Labour Code. ¦ Fines ranging from AED 20,000 to AED 100,000 and up to six months in prison for those who provide false information or documents to employ domestic help. On Tuesday, the Ministry of Human Resources and Emiratisation (MoHRE) said that in addition to regulating the employment of domestic workers, the law also defines the rights and obligations of the various parties involved. On October 5, the ministry announced the passage of Federal Law No.
9 of 2022 on Domestic Workers. The UAE`s Domestic Work Law regulates four key areas for the protection of domestic workers: domestic help must also respect the privacy of the workplace, preserve property, tools and everything entrusted to him, and use them only with the consent of the employer outside of work and not work in any form, except with a work permit, issued by the Department and in accordance with the applicable conditions. If you`re wondering who qualifies as a domestic worker, here`s a list by government.ae website. For these titles/service professions, national law applies: Under the Domestic Work Act, domestic workers have the right to: The employer and the domestic worker may terminate the contract if the other party fails to comply with its obligations. The employer or employee may terminate the contract even if the other party has fulfilled its obligations. This is called “no-fault” dismissal and is subject to compensation under national labour law. Minister of Human Resources and Emiratization (MoHRE), Saqr bin Ghobash Saeed Ghobash, explained that the law aims to regulate labour relations between employers and employees. It also aims to provide legal protection to all parties involved. Paragraph 3 of the article stipulates that a fine of at least AED 50,000 and AED200,000 shall be imposed on persons who illegally employ domestic workers in the UAE. You may also face this penalty if you abuse work permits issued to domestic workers, or if you employ a worker under the age of 18. “The UAE continues to create a legal framework that protects domestic help, in line with its mission to establish the country`s pioneering status as a preferred global destination to live and work,” the ministry said. The Domestic Work Bill prohibits the following: According to the law, recruiters are not allowed to accept commissions from domestic workers – neither for the purchase of work nor for costs.
The law grants home help the right to change employer, provided that all the contractual conditions set out in the contract are fulfilled, taking into account the rights of the original employer and in accordance with the conditions and procedures applicable by the Ministry, and that the employer is not bound by the costs of returning the carer to his country, if he accepts another job. in accordance with the provisions of this Act and the regulations made under it. b. Employs or recruits a domestic worker and does not provide him with employment. A KT reader wants to know if there are any legal complications in starting your own business while working for a company The agency must treat the employee decently at all times and not expose them to any form of violence. According to Saqr Ghobash, Saeed Ghobash (Minister of Human Resources and Emiratisation) said the law would aim to have good working relations between workers and their employers, provide social protection to both parties and provide access to Abu Dhabi`s ministry and courts. The new law will enter into force two months after its publication in the Official Gazette. It will cover 19 support service jobs, including: cooks, domestic workers, drivers, gardeners, guards, nannies, nurses, park jacks, private trainers and sailors. Dubai: from 15. December 2022, the UAE`s new domestic help law will come into force, changing the way different categories of workers must be hired in the country. The employer`s obligations also include the payment of the domestic help`s salary in accordance with their contracts; Coverage of the costs of medical treatment of domestic workers under the United Arab Emirates health system; treat domestic workers in a manner that preserves their dignity and integrity. Article 27 of the Act explains the penalties for violations of domestic labour law.
All the reforms introduced in recent years bolster the UAE`s reputation as the best country to live and work in, experts say. According to a statement from the Ministry of Human Resources and Emiratisation (Mohre), “the new law provides that the hiring or temporary employment of domestic workers is only allowed after obtaining a license from the ministry.” Fines for employing unlicensed workers are increased according to the number of workers, up to a maximum of 10 million dirhams. d. Closure or cessation of the activity of the employment agency without respecting the necessary procedures to pay the fees of domestic workers, in violation of the provisions of this Legislative Decree, its implementing regulations and the decisions taken for its implementation. Annual leave must not be less than 30 days paid per year, and if the domestic help is invited to work during all or part of his annual leave and the period is not carried over to the following year, the employer must grant the aid the salary plus vacation pay equal to his salary for the days: on which he worked during this period. A domestic helper may not be called upon to work more than once during his annual leave for two consecutive years. First of all, from 15 December, these workers can no longer be recruited in their country of origin until they have been informed of their type of work and their salary. In addition, they must prove their aptitude, health, mental and professional competence for the required work. The new law establishes a comprehensive legal framework that outlines the obligations of both parties and helps recruitment agencies provide exceptional services that ensure comfort, satisfaction and satisfaction for employers and employees. With the aim of regulating the employment of domestic workers in the UAE, the new law sets out all the rights and obligations of all parties involved – from aid to recruiters to employers. According to the law, in the event of a dispute between the employer and the domestic helper and it is impossible to settle it amicably, the matter must be referred to the Ministry of Education, which has the right to take a decision it deems appropriate to settle the dispute amicably in accordance with the procedures provided for in the implementing provisions of this Act. If an amicable settlement cannot be reached within the time limit, the dispute will be brought before the competent court.
Ghobash went on to say, “The law also reflects the UAE`s commitment to the supremacy of law and the alignment of local legislation with international labour standards.” He also announced that the Ministry of Human Resources and Emiratization will soon finalize employment contracts and implementing regulations before the implementation of the approved law. “The banner of our pride, glory and sovereignty will remain high in the sky,” the UAE vice president said in a tweet. Only natural or legal persons registered in the United Arab Emirates with a good reputation are allowed to recruit domestic workers in the United Arab Emirates. An agency may not, alone or through third parties, charge or accept any form of commission from an employee before or after employment in exchange for employment. The implementing regulations of Federal Law No. 10 of 2017 on domestic workers provide that foreign residents may not hire domestic help unless they are temporary and not under its sponsorship in accordance with the provisions of the Ministry of Human Resources and Emiratization. The following categories are exempted from the abovementioned Regulation:. The law provides for five other violations that may result in a similar penalty The legislative decree establishes the responsibilities of employers, which include maintaining an appropriate environment for the performance of the agreed work; the provision of adequate housing for domestic help; Provide appropriate meals and clothing to enable helpers to perform their duties, provided they have been hired full-time rather than temporarily, unless otherwise agreed.