UAE introduces new domestic worker laws

Federal Decree-Law No. 9 of 2022 will come into force on December 15 and provides the rules on the hiring and employment of domestic workers in the UAE.

Under the new decree law a set of guidelines is provided concerning the roles of recruitment agencies, employers and domestic workers in the UAE.

The Ministry of Human Resources and Emiratisation (MoHRE) announced the new law and stressed the importance of employers providing a suitable environment for domestic workers.

A domestic worker in the UAE can only be hired if a license is first secured from the MoHRE.

Domestic workers must be over the age of 18, have the necessary medical examinations and have a formal employment contract.

Violations of the law by employers can result in a fine of up to AED200,000. Recruitment agencies face fines of up to AED10m for multiple breaches of the law.

The Federal Law states the legal requirements for working hours and weekly holidays for domestic workers.

Weekends and a minimum of 12 hours rest per day are mandated as are a minimum 30 days annual leave.

In the event that a domestic worker wishes to spend their annual leave in their home country, the employer must incur the cost of the return ticket once every two years.

In the event that both parties agree to terminate the contract following the domestic worker annual leave, the employer will bear the cost of the return ticket only.

The federal law also states that domestic workers should be allowed to retain official documentation.

In a tweet the MoHRE clarified the obligations for recruitment agencies, employers and domestic workers.

In a tweet the MoHRE clarified the obligations for recruitment agencies, employers and domestic workers. See the obligations highlighted by the MoHRE below

UAE recruitment agency obligations

• The domestic worker must not be recruited from their country unless they are informed of the nature of the work, salary and other benefits. Evidence of their fitness, health conditions, psychological and occupational status should also be made available prior to employment.
• Necessary medical examinations for the domestic worker must be conducted within a period not exceeding 30 days before entering the country.    
• Recruitment agencies must provide an alternative worker or refund the recruitment fees to the employer if the contract was breached or the worker was found incompetent or shows improper personal attitude.

UAE employers’ obligations

• Provide the worker with the requirements for performing the agreed-upon duties, including appropriate accommodation, food and clothing       
• Treat the domestic worker properly, preserving their dignity and physical integrity, and pay their salary based on the agreed upon employment contract     
• Bear the costs of any medical treatment for the worker, or provide health insurance following the applicable legislation

UAE domestic workers’ obligations     

• Workers must perform the work as per the guidance and supervision of the employer and the employment contract and not interrupt work without an acceptable excuse     
• Consider the culture and traditions of the UAE society and adhere to public decency and the employer’s instructions in implementing the work agreed upon unless it violates the contract, the law, or public morals or if it exposes them to danger or legal accountability.      
• Respect the privacy of the workplace, preserve the employer’s property, work tools and everything in their custody.

Earlier this year the UAE Ministry of Human Resources and Emiratisation warned employers, as well as citizens and residents of the risks associated in dealing with unlicensed domestic labour recruitment agencies, including unreliable social media pages, that promote the services of domestic workers.