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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