There haven't been
sweeping changes to UAE law regarding domestic workers in the past decade, but
there have been some important developments that provide greater protections:
House maid in work |
- Ministry of Labour (MoL)
Resolution No. 788 of 2017: This resolution mandated
standard employment contracts for domestic workers. These contracts
outline working hours, rest days, minimum salary, and other key terms
[Source: MoHRE UAE website].
- Federal Law No. 6 of 2017 بشأن
العمل (Law on Work): This broader law, enacted in 2017, applies
to most workers in the UAE, including domestic workers to a certain
extent. It offers protections like limitations on working hours, overtime
pay, and annual leave,
- Working Hours: The contract
should specify the daily and weekly working hours for your domestic
worker. This ensures they have designated rest periods outside of their
scheduled duties.
- Days Off: The contract
should also outline the number of guaranteed rest days per week. This is
typically one day, but it can be negotiated.
Here's
what these points mean for appointments:
- Scheduling Appointments: Since working
hours are defined, you should schedule non-urgent appointments for your
domestic worker outside of their work hours or on their designated rest
day.
- Accompanying Appointments: If the
appointment requires your domestic worker's presence during their work
hours or rest day, it's best to discuss it beforehand and potentially
offer them compensation for their time.
Here are some additional
UAE labor laws to be aware of:
- Annual Leave: Domestic
workers are entitled to annual leave, which should be stipulated in the
contract. If an appointment falls within their leave period, there
wouldn't be any legal issues.
- Sick Leave: The contract
should also outline sick leave provisions. If your domestic worker has a
doctor's appointment due to illness and it falls within their working
hours, you should be flexible and understanding.
Resources
for further information:
- Ministry of Human Resources and
Emiratization (MoHRE): https://mohap.gov.ae/ provides
information on domestic worker regulations.
- MoHRE Resolution No. 788 of 2017: You can
find details about the standard employment contract on the MoHRE website
or through legal resources.
Breaches of contracts and
fines are legal issues that can arise when dealing with domestic workers in the
UAE. Here's a breakdown:
Breach
of Contract:
- This occurs when a party in a
contract fails to fulfill their obligations as outlined in the agreement.
- In the context of domestic
workers, a breach could happen from either side:
- Employer: Not
paying the agreed-upon salary, exceeding working hours without proper
compensation, or failing to provide proper accommodation and meals as
stipulated in the contract.
- Domestic Worker: Abandoning
the job without notice, neglecting duties, or working for another
employer without permission.
Fines
for Breach:
- Fines for breaches of contract
aren't explicitly mentioned in UAE law for domestic workers.
- However, the Ministry of Labour
(MoL) plays a role in resolving disputes.
- Here are some potential
consequences of a breach:
- Financial Compensation: The
non-breaching party may be entitled to claim compensation for damages
caused by the breach.
- Contract Termination: A
material breach (serious violation) could lead to termination of the
contract by either party.
- MoL Intervention: The MoL
can mediate disputes and potentially impose administrative penalties on
the breaching party.
Important
Note:
- Specific consequences will depend
on the severity of the breach and the terms outlined in the contract.
"How
can I sponsor Homemade in the United Arab Emirates?"
There are a few things
to consider before sponsoring a housemaid in the UAE, including eligibility
requirements and the application process. Here's a breakdown:
Eligibility
(Sponsor):
- Hold a valid UAE residency visa.
- Minimum monthly income
requirements vary by emirate (Dubai requires AED 6,000 or AED 5,000 with
accommodation provided).
- Not a bachelor (applies in some
emirates).
- Have suitable accommodation
(minimum two bedrooms in some emirates).
Documents
(Typical):
- Visa application form.
- Affidavit of non-relationship (if
maid is from your country).
- Passports and visas (yours and
the maid's).
- Passport photos (yours and the
maid's).
- Proof of income (salary
certificate, bank statements).
- Labor contract copy.
- Health insurance card (yours).
- Tenancy contract (minimum two
bedrooms in some emirates).
- Maid's medical fitness
certificate (from their home country).
Process
(General):
- Understand Eligibility: Research
the specific requirements for your emirate.
- Gather Documents: Compile
all necessary documents for yourself and the maid.
- Apply for Employment Permit: Submit
the application and documents to the relevant government department (e.g.,
Tadbeer service centers).
- Pay Fees: There
will be associated fees for processing the visa and other documents.
- Medical Test: The maid
will likely require a medical test in the UAE.
- Visa Issuance: Once approved,
the maid will receive a visa and work permit.
Additional
Tips:
- Consider using a PRO (PRO stands
for Public Relations Officer) service company to help navigate the
process.
- Be sure to establish a clear
employment contract outlining work duties, salary, benefits, and
expectations.
- Familiarize yourself with UAE
labor laws regarding domestic workers.
Remember, these are
general guidelines. It's advisable to check with the relevant government
department in your emirate for the most current information and any specific
requirements.
Here are some resources
for further exploration:
- MoHRE UAE website: https://mohap.gov.ae/ offers
information on domestic worker regulations and dispute resolution
processes.
- Legal Consultation: If you
face a potential breach of contract situation, consider consulting a
lawyer specializing in UAE labor law. They can advise you on your rights
and potential courses of action.
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