59A7D41EB44EABC4F2C2B68D88211BF4 U.A.E Visa Rules and Procedures-Law updates -free legal advice: Important updates for you in 2024: Domestic worker laws in the U.A.E

Sunday, February 25, 2024

Important updates for you in 2024: Domestic worker laws in the U.A.E

 Two key pieces of legislation have significantly impacted the rights and regulations for domestic workers in the UAE:

1. Federal Decree-Law No. 9 of 2022 (amended by Decree-Law No. 21 of 2023):

Eligibility:

Stricter requirements for individual sponsors, with a minimum monthly income of AED 25,000 (except Golden Visa holders and specific professionals). Companies and establishments can still sponsor domestic workers for their employees.

Employment Contract:

The standard contract has clear rights and obligations for both parties.

Visa Application:

A work visa through the Ministry of Human Resources and Emiratisation (MoHRE) is mandatory.

Working Conditions:

Prohibition of:

  • Employing anyone under 18.
  • Discrimination based on race, color, gender, religion, or nationality.
  • Sexual harassment.
  • Forced labor or trafficking.
  • Physical harm.
  • Assigning tasks outside the contract.

Mandates:

Minimum two-bedroom accommodation.

Salary certificate and bank statements for sponsors.

Rest periods:

  • One paid weekly rest day.
  • 12 hours of rest per day, including 8 consecutive hours.
  • 30 days of paid annual leave.
  • Medical fitness certificate.
  • Healthcare coverage.

Legal Recourse:

Domestic workers have legal recourse against employers who violate their rights.

2. Ministerial Decree No. 336 of 2023:

Recruitment Agencies:

Regulations on fees and practices of recruitment agencies.

Worker Protection:

Clear procedures for addressing grievances and complaints.

Access to legal aid and translation services.

Establishment of a dedicated hotline for reporting violations.

Overall:

These changes aim to improve working conditions and protect the rights of domestic workers in the UAE.

Employers must comply with the new regulations to avoid legal repercussions.

It's advisable to consult with a lawyer for specific legal advice or interpretations.

The law regarding sponsoring domestic workers in the UAE has recently changed, so it's important to have the latest information. Here's what you need to know:

Eligibility to Sponsor:

Generally: Only a few categories of people can sponsor domestic workers in the UAE:

Individuals with a monthly income of AED 25,000 from legal sources.

Golden Visa holders (no specific limit on the number of domestic workers).

Special permission holders from the UAE Cabinet.

Certain professionals like judges, specialists, and legal counsellors.

Patients with medical coverage whose family members have a monthly income over AED 15,000.

Exception: Companies and establishments can sponsor domestic workers for their employees.

Process and Requirements:

Obtain a license from a government-approved agency to recruit domestic workers.

Sign a standard employment contract with the worker, outlining their rights and obligations.

Apply for a work visa for the worker through the Ministry of Human Resources and Emiratisation (MoHRE).

Provide accommodation, meals, and healthcare for the worker as per the law.

Respect basic working hours and rest days.

Key Points of the Law:

Prohibits: Employment of anyone under 18, discrimination, sexual harassment, forced labor, physical harm, and tasks outside the contract.

Mandates: Medical fitness certificate, minimum two-bedroom accommodation, salary certificate, and bank statements for sponsors.

Offers: Legal recourse for workers in case of violations. 

Fines for Employing Visit Visa Holders as Domestic Workers in the U.A.E.

In the United Arab Emirates (U.A.E.), employing individuals on visit visas as domestic workers is illegal. Doing so can lead to significant fines for the employer and the worker.

Here's a breakdown of the penalties:

Employer: Fines range from AED 50,000 to AED 200,000 per worker depending on the severity of the violation and whether it's a repeat offense. Additionally, the employer may face closure of their business and deportation.

Worker: Fines for working illegally can reach AED 50,000 and can lead to deportation.

It's important to understand the risks involved before employing anyone on a visit visa for domestic work. Here are some key points to remember:

Visit visas are not intended for work purposes. They are for tourism and short-term visits.

Domestic workers require a valid work permit. Obtaining one through proper channels ensures both employer and worker are protected by labor laws. The consequences of illegal employment are severe. Don't put yourself and the worker at risk. 

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