Eligibility to Sponsor:
o Individuals
with a monthly income of AED 25,000 from legal sources.
o Golden
Visa holders (no specific limit on the number of domestic workers).
o Special
permission holders from the UAE Cabinet.
o Certain
professionals like judges, specialists, and legal counselors.
o 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:
1.
License: Obtain a license from a
government-approved agency to recruit domestic workers.
2.
Employment Contract: Sign a standard
employment contract with the worker, outlining their rights and obligations.
3.
Work Visa: Apply for a work visa for
the worker through the Ministry of Human Resources and Emiratisation (MoHRE).
4.
Provision: Provide accommodation,
meals, and healthcare for the worker as per the law.
5.
Working Hours: Respect basic working
hours and rest days.
Key Points of the Law:
·
Prohibitions:
o Employment
of anyone under 18.
o Discrimination
based on race, color, gender, religion, or nationality.
o Sexual
harassment.
o Forced
labor or trafficking.
o Physical
harm.
o Assigning
tasks outside the contract.
·
Mandates:
o Medical
fitness certificate.
o Minimum
two-bedroom accommodation.
o Salary
certificate and bank statements for sponsors.
·
Rest Periods:
o One
paid weekly rest day.
o 12
hours of rest per day, including 8 consecutive hours.
o 30
days of paid annual leave.
·
Legal Recourse: Domestic workers
have legal recourse against employers who violate their rights.
Important Changes in the
Law (as of February 25, 2024):
1.
Federal Decree-Law No. 9 of 2022 (amended by
Decree-Law No. 21 of 2023):
o Eligibility: Stricter
requirements for individual sponsors, with a minimum monthly income of AED
25,000 (except Golden Visa holders and specific professionals).
o Employment
Contract: Standard contract with clear rights and obligations for both
parties.
o Visa
Application: A work visa through MoHRE is mandatory.
o Working
Conditions: Prohibitions and mandates as listed above.
o Legal
Recourse: Domestic workers have legal recourse against employers who
violate their rights.
2.
Ministerial Decree No. 336 of 2023:
o Recruitment
Agencies: Regulations on fees and practices of recruitment agencies.
o Worker
Protection: Clear procedures for addressing grievances and complaints,
access to legal aid and translation services, and 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.
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