Tuesday, April 9, 2024

Are you Hiring Domestic Help in the U.A.E? Don't Miss These Important Laws

 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):

  1. Understand Eligibility: Research the specific requirements for your emirate.
  2. Gather Documents: Compile all necessary documents for yourself and the maid.
  3. Apply for Employment Permit: Submit the application and documents to the relevant government department (e.g., Tadbeer service centers).
  4. Pay Fees: There will be associated fees for processing the visa and other documents.
  5. Medical Test: The maid will likely require a medical test in the UAE.
  6. 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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