UAE: New law protecting domestic workers, employers comes into effect

The Federal Decree-Law No. (9) of 2022 regarding domestic workers will come into force on Thursday (December 15). The decree-law establishes a comprehensive framework to strengthen and regulate labor relations for the hiring and employment of domestic workers in the UAE and defines the parties' responsibilities to the relationship in a way that protects their rights and duties. In addition, it mandates the development of a workplace that complies with all regional laws and international agreements in force in the UAE and is appropriate for domestic workers. To hire or temporarily employ domestic workers, it is now required by law to obtain a license from the Ministry of Human Resources and Emiratization (MoHRE). Domestic workers younger than 18 cannot be hired or employed by the government. Additionally, it gives the employer the authority to revoke a domestic worker's employment if the recruitment firm has disregarded the terms of the contract. The decree law requires that domestic workers be hired outside of their home country after being informed of the position's requirements, pay, and other benefits. Documentation of an applicant's physical and mental health, as well as their employment status, should be accessible before hiring. The employment contract terms, which specify the requirements for hiring the domestic worker, must be formalized under the structure accepted by the Ministry of Human Resources and Emiratization. This should cover the hiring period and the fundamental protections and promises the employer will make regarding the kind of work to be done and the pay of the domestic worker. The contract also needs to specify any transportation costs incurred by the employer to bring the employee to the UAE and any fees related to using a recruitment agency. The decree-law requires that if the recruitment agency breaks the contract terms, either an alternative worker be provided, or the employer receive a refund of the recruitment fees. The employer would then be able to ask the agency for payment in this situation to cover any potential losses brought on by a breach of the contract. Additionally, the hiring businesses are not permitted to take payments or commissions in exchange for the employee's employment, either directly or indirectly, through third parties. Recruitment agencies are required by the laws governing labor accommodations in the country to treat domestic workers humanely, without using violence against them, educate them about the culture and traditions of the UAE, and give them information on how to contact the appropriate authorities with any complaints or concerns they may have regarding their rights and freedom. The decree-law also outlines the domestic worker's rights and responsibilities toward the employer, including providing suitable housing, food, and clothing to carry out their duties, so long as they work for the employer full-time and not only temporarily unless otherwise agreed. A domestic worker's employer must treat them with respect, protect their physical integrity, and pay their wages under the terms of the employment contract, the decree-law, and ministry resolutions, in addition to providing health insurance as required by law or paying for any necessary medical care for the employee. The law prohibits hiring domestic workers unless they have a work permit, aren't employed by anyone else, or have a profession other than the type of work required, unless they consent to it and as long as it's one of the professions listed in the executive regulations of the decree-law. Domestic workers can keep their identification documents under the decree law. It details the conditions and guidelines to grant the heirs of the domestic worker who passes away while working in the UAE, in addition to the salary for the month in which they passed away and payment of any other pertinent debts. The duties of the domestic worker must be carried out under the employment contract, the employer's instructions, and their supervision. In addition to taking into account the culture and traditions of UAE society, they must adhere to public decency and the employer's instructions when carrying out the agreed-upon work unless doing so would put them in danger or subject them to legal responsibility. They must also provide the necessary care and refrain from interrupting work without a justifiable reason. The domestic worker must also respect the confidentiality of the workplace, protect the employer's property, tools, and anything else in their care, refrain from using them for work-related purposes outside of the workplace without permission from the employer, and refrain from working except as permitted by a work permit issued by the Ministry, following the conditions imposed on it. Once every two years, the employer must pay the cost of the round-trip fare for the domestic worker to travel to their country for annual leave. The employer will pay for a one-way ticket to the domestic worker's home country only if the two parties decide to terminate or not renew the employment agreement following the annual leave. According to the law, if an employer and a domestic worker have a disagreement and are unable to resolve it amicably, the matter must be reported to the Ministry of Human Resources and Emiratisation, which is then free to take whatever actions it deems necessary to resolve the disagreement amicably following the steps outlined in the executive regulations of the decree-law. If an amicable settlement is not possible within the specified period, the dispute shall be referred to the relevant court. The domestic worker is allowed by law to work for a new employer, provided that all contractual obligations are met, the rights of the prior employer are respected, and all other requirements are met under the policies and guidelines established by the Ministry. As long as the employee complies with the terms of this decree-law and its executive regulations, the employer is not required to cover the costs of the employee's return to their home country. BKM/ Expat Media
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