59A7D41EB44EABC4F2C2B68D88211BF4 UAE Visa Rules & Procedures - UAE Law Updates for 2025: #DomesticWorkersLaw #UAEEmployment #LaborRights #WorkerProtection #LegalCompliance
Showing posts with label #DomesticWorkersLaw #UAEEmployment #LaborRights #WorkerProtection #LegalCompliance. Show all posts
Showing posts with label #DomesticWorkersLaw #UAEEmployment #LaborRights #WorkerProtection #LegalCompliance. Show all posts

Friday, May 16, 2025

๐—œ๐—บ๐—ฝ๐—ผ๐—ฟ๐˜๐—ฎ๐—ป๐˜ ๐—–๐—ต๐—ฎ๐—ป๐—ด๐—ฒ๐˜€: ๐—จ๐—”๐—˜ ๐——๐—ผ๐—บ๐—ฒ๐˜€๐˜๐—ถ๐—ฐ ๐—ช๐—ผ๐—ฟ๐—ธ๐—ฒ๐—ฟ ๐—Ÿ๐—ฎ๐˜„๐˜€ ๐—ฅ๐—ฒ๐˜ƒ๐—ถ๐˜€๐—ฒ๐—ฑ ๐—ณ๐—ผ๐—ฟ ๐Ÿฎ๐Ÿฌ๐Ÿฎ๐Ÿฑ – ๐—”๐—ฟ๐—ฒ ๐—ฌ๐—ผ๐˜‚ ๐—ฅ๐—ฒ๐—ฎ๐—ฑ๐˜†?

 The UAE has introduced new legal updates to strengthen domestic worker protections further and ensure fair employment practices. If you're an employer or recruiter, here’s what you need to know.


๐Ÿ“Œ ๐—™๐—ฒ๐—ฑ๐—ฒ๐—ฟ๐—ฎ๐—น ๐——๐—ฒ๐—ฐ๐—ฟ๐—ฒ๐—ฒ-๐—Ÿ๐—ฎ๐˜„ ๐—ก๐—ผ. ๐Ÿต ๐—ผ๐—ณ ๐Ÿฎ๐Ÿฌ๐Ÿฎ๐Ÿฎ (๐—”๐—บ๐—ฒ๐—ป๐—ฑ๐—ฒ๐—ฑ ๐—ฏ๐˜† ๐——๐—ฒ๐—ฐ๐—ฟ๐—ฒ๐—ฒ-๐—Ÿ๐—ฎ๐˜„ ๐—ก๐—ผ. ๐Ÿฎ๐Ÿญ ๐—ผ๐—ณ ๐Ÿฎ๐Ÿฌ๐Ÿฎ๐Ÿฏ)

https://www.linkedin.com/feed/update/urn:li:activity:7328306460403060736?utm_source=share&utm_medium=member_desktop&rcm=ACoAAAdhtQEByIrnT3NLq8xzDUPzNuiQ6auFn4g

This law defines eligibility criteria, working conditions, and legal protections for domestic workers.

๐—ช๐—ต๐—ผ ๐—–๐—ฎ๐—ป ๐—ฆ๐—ฝ๐—ผ๐—ป๐˜€๐—ผ๐—ฟ ๐——๐—ผ๐—บ๐—ฒ๐˜€๐˜๐—ถ๐—ฐ ๐—ช๐—ผ๐—ฟ๐—ธ๐—ฒ๐—ฟ๐˜€?

  • Individuals must have a minimum monthly income of AED 25,000 (exceptions: Golden Visa holders and certain professionals).
  • Companies and establishments can also sponsor domestic workers.

๐— ๐—ฎ๐—ป๐—ฑ๐—ฎ๐˜๐—ผ๐—ฟ๐˜† ๐—˜๐—บ๐—ฝ๐—น๐—ผ๐˜†๐—บ๐—ฒ๐—ป๐˜ ๐—–๐—ผ๐—ป๐˜๐—ฟ๐—ฎ๐—ฐ๐˜ & ๐—ฉ๐—ถ๐˜€๐—ฎ

Employers must sign a standard contract outlining clear obligations.

  • A work visa through MoHRE is required before hiring.

๐—ž๐—ฒ๐˜† ๐—ฃ๐—ฟ๐—ผ๐˜๐—ฒ๐—ฐ๐˜๐—ถ๐—ผ๐—ป๐˜€ & ๐—ฃ๐—ฟ๐—ผ๐—ต๐—ถ๐—ฏ๐—ถ๐˜๐—ถ๐—ผ๐—ป๐˜€ ๐—˜๐—บ๐—ฝ๐—น๐—ผ๐˜†๐—ฒ๐—ฟ๐˜€ ๐—บ๐˜‚๐˜€๐˜ ๐—ป๐—ผ๐˜:

  • Hire workers under 18 years old.
  • Engage in discrimination, forced labor, or trafficking.
  • Assign tasks outside the contract.
  • Physically harm or sexually harass workers.

๐—ช๐—ผ๐—ฟ๐—ธ๐—ฒ๐—ฟ ๐—•๐—ฒ๐—ป๐—ฒ๐—ณ๐—ถ๐˜๐˜€ & ๐—˜๐—บ๐—ฝ๐—น๐—ผ๐˜†๐—ฒ๐—ฟ ๐—ข๐—ฏ๐—น๐—ถ๐—ด๐—ฎ๐˜๐—ถ๐—ผ๐—ป๐˜€

  • Minimum two-bedroom accommodation required.
  • Salary certificate & bank statements needed for sponsors.
  • Rest periods:
    • One paid weekly day off.
    • 12-hour daily rest (including 8 consecutive hours).
    • 30 days of paid annual leave.
  • Healthcare coverage and medical fitness certification are mandatory.

Legal Recourse Workers can file complaints without litigation fees, ensuring urgent resolution.

๐Ÿ“Œ ๐— ๐—ถ๐—ป๐—ถ๐˜€๐˜๐—ฒ๐—ฟ๐—ถ๐—ฎ๐—น ๐——๐—ฒ๐—ฐ๐—ฟ๐—ฒ๐—ฒ ๐—ก๐—ผ. ๐Ÿฏ๐Ÿฏ๐Ÿฒ ๐—ผ๐—ณ ๐Ÿฎ๐Ÿฌ๐Ÿฎ๐Ÿฏ

This law regulates recruitment agencies and strengthens worker rights.

Recruitment Regulations

  • Agencies must follow strict guidelines regarding fees and hiring practices.
  • Employers can request refunds if workers fail to meet contract terms.

๐—ช๐—ผ๐—ฟ๐—ธ๐—ฒ๐—ฟ ๐—ฃ๐—ฟ๐—ผ๐˜๐—ฒ๐—ฐ๐˜๐—ถ๐—ผ๐—ป ๐— ๐—ฒ๐—ฎ๐˜€๐˜‚๐—ฟ๐—ฒ๐˜€

•        ๐—–๐—น๐—ฒ๐—ฎ๐—ฟ ๐—ด๐—ฟ๐—ถ๐—ฒ๐˜ƒ๐—ฎ๐—ป๐—ฐ๐—ฒ ๐—ฝ๐—ฟ๐—ผ๐—ฐ๐—ฒ๐—ฑ๐˜‚๐—ฟ๐—ฒ๐˜€ ๐—ณ๐—ผ๐—ฟ ๐—ฐ๐—ผ๐—บ๐—ฝ๐—น๐—ฎ๐—ถ๐—ป๐˜๐˜€.

•        ๐—Ÿ๐—ฒ๐—ด๐—ฎ๐—น ๐—ฎ๐—ถ๐—ฑ & ๐˜๐—ฟ๐—ฎ๐—ป๐˜€๐—น๐—ฎ๐˜๐—ถ๐—ผ๐—ป ๐˜€๐—ฒ๐—ฟ๐˜ƒ๐—ถ๐—ฐ๐—ฒ๐˜€ ๐—ฎ๐˜ƒ๐—ฎ๐—ถ๐—น๐—ฎ๐—ฏ๐—น๐—ฒ.

•        ๐——๐—ฒ๐—ฑ๐—ถ๐—ฐ๐—ฎ๐˜๐—ฒ๐—ฑ ๐—ต๐—ผ๐˜๐—น๐—ถ๐—ป๐—ฒ ๐—ณ๐—ผ๐—ฟ ๐—ฟ๐—ฒ๐—ฝ๐—ผ๐—ฟ๐˜๐—ถ๐—ป๐—ด ๐˜ƒ๐—ถ๐—ผ๐—น๐—ฎ๐˜๐—ถ๐—ผ๐—ป๐˜€.

๐Ÿ“Œ ๐—ก๐—ฒ๐˜„ ๐—จ๐—ฝ๐—ฑ๐—ฎ๐˜๐—ฒ๐˜€ ๐—ถ๐—ป ๐Ÿฎ๐Ÿฌ๐Ÿฎ๐Ÿฑ

The UAE has expanded protections for domestic workers with new regulations:

  • Wage Protection System (WPS) is now mandatory for domestic workers, ensuring timely salary payments.
  • All litigation fees are waived for domestic workers filing complaints, with cases heard urgently.
  • Employment contracts now have a standard two-year term, with automatic renewal if both parties continue working together.

Why This Matters

These legal updates aim to improve working conditions, protect domestic workers, and ensure ethical employment practices. Employers must comply to avoid legal consequences. If you employ domestic workers, consider consulting a legal expert to stay informed.

๐Ÿ”— Stay compliant & promote fair labor practices!

#DomesticWorkersLaw #UAEEmployment #LaborRights #WorkerProtection #LegalCompliance #GulfRegulations #HumanRights #RecruitmentEthics #LawUpdates #WageProtectionSystem

Tuesday, March 2, 2010

Dubai Labour law- Workers' rights and limited contracts

Employment relationships in Dubai and the wider UAE are governed by the Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations in the Private Sector (the UAE Labour Law), which became fully effective in 2022.

The new law primarily focuses on limited-term (fixed-term) contracts, as it abolished the concept of new unlimited contracts.

Here is a summary of workers' rights and key provisions relating to limited contracts:

๐Ÿ“… Limited (Fixed-Term) Contracts

Limited contracts have a defined start and end date. Under the new law:

  • Maximum Duration: A limited contract can be for a term of up to three years, and it can be renewed for a similar or shorter period upon mutual agreement.
  • Essential Details: The contract must clearly specify the start date, end date, nature of work, workplace, and the amount of remuneration (salary and allowances).

⚖️ Key Workers' Rights and Entitlements

Workers under limited contracts are entitled to several fundamental rights:

1. Working Hours, Overtime, and Rest

  • Normal Hours: Maximum of 8 hours per day or 48 hours per week.
  • Overtime Compensation: Employees are entitled to an additional payment of at least 25% of their basic wage for overtime. This increases to 50% for work performed between 10 p.m. and 4 a.m. (with exceptions for certain roles).
  • Weekly Rest: A minimum of one paid rest day per week, usually Friday or Saturday.

2. Leave Entitlements

  • Annual Leave (Full Pay):
    • 30 days per year after completing one year of service.
    • 2 days per month if service is over six months but less than one year.
  • Maternity Leave: 60 calendar days in total: the first 45 days at full pay, and the remaining 15 days at half pay.
  • Parental Leave: 5 working days for both male and female employees, to be taken within six months of the child's birth.
  • Sick Leave: Up to 90 days per year, with payment calculated as:
    • First 15 days: Full pay
    • Next 30 days: Half pay
    • Remaining days: Unpaid

3. End-of-Service Gratuity (Severance Pay)

For foreign workers who have completed one year or more of continuous service, the gratuity is calculated based on the basic wage as follows:

  • 21 days' basic pay for each of the first five years of service.
  • 30 days' basic pay for each subsequent year.
  • The total gratuity must not exceed two years' pay.

๐Ÿšซ Early Termination and Compensation

Terminating a limited contract before its expiry date can result in financial liabilities for the party who initiates the termination without a "legitimate reason."

If the Employer Terminates Early (Without a valid legal cause):

  • The employer must provide a written notice of 30 to 90 days (as agreed in the contract).
  • The employee is entitled to "Early Termination Compensation" of at least three months' remuneration (salary and allowances), or the remaining period of the contract, whichever is less.
  • The employee is also entitled to all other final benefits, such as gratuity and unused annual leave pay.

If the Employee Resigns Early (Without a valid legal cause):

  • The employee must provide a written notice of 30 to 90 days (as agreed in the contract).
  • The employee may be liable to pay the employer "Early Termination Compensation." This compensation is calculated as half of three months' remuneration, or half of the remuneration for the remaining contract period, whichever is less.

Termination During Probation

The probation period cannot exceed six months.

  • Employer terminates: Requires 14 days' written notice.
  • Employee terminates to leave UAE: Requires 14 days' written notice.
  • Employee terminates to join another UAE employer: Requires one month's written notice. The new employer may be required to compensate the previous employer for recruitment costs.

⚠️ Protection and Dispute Resolution

  • Anti-Discrimination: The law prohibits discrimination based on race, color, sex, religion, national origin, social origin, or disability.
  • Equal Pay: Women must be paid a wage equal to a man's wage if they perform the same work or work of equal value.
  • Final Settlement: The employer must pay all final entitlements (including gratuity, notice pay, and unused leave) within 14 days of the end of the contract.
  • Labour Complaints: Workers can file a complaint with the Ministry of Human Resources and Emiratisation (MoHRE) if they feel their rights have been violated. Litigation fees for claims less than AED 100,000 are often exempt for workers.

 The old law (Federal Law No. 8 of 1980) was completely repealed and replaced by the Federal Decree-Law No. 33 of 2021 (the New Labour Law), effective February 2, 2022. This wasn't just an amendment; it was a fundamental overhaul.

1. ๐Ÿ›‘ The Old Rule on Gratuity Forfeiture (Questions 3 & 4)

The advice given about end-of-service gratuity for a limited contract resignation is INCORRECT under the current 2021 law.

Old/Incorrect Content (Remove)

Correct Rule Under Decree-Law No. 33 of 2021

"The Labour Law does not entitle a worker who was working under contract for limited period to claim end-of-service if the worker himself broke the contract." (From the Answer)

A worker is always entitled to their full End-of-Service Gratuity (EOSG) upon completion of one year of service, regardless of the cause of termination, including resignation from a limited contract. The new law abolished the old penalty-based reduction/forfeiture for limited-term contracts.

"He refused to give me my end-of-service gratuity." (Employer's Claim)

This claim is illegal. If you have completed more than three years of continuous service, you are entitled to the full EOSG (21 days' basic pay for each year).

Action: Replace this section with the correct entitlement: The worker is fully entitled to their end-of-service gratuity based on their years of service and last basic wage.


2. ๐Ÿ›‘ The Old Rule on Compensation for Early Resignation (Questions 6, 7, 8, 9, 10)

The FAQ section still refers to the old compensation formula for the employee breaking a limited contract.

Old/Incorrect Content (Remove)

Correct Rule Under Decree-Law No. 33 of 2021 (Article 43 & 51)

"The worker shall compensate the employer an amount equivalent to 45 days’ salary if the employer can prove the damages." (From the Answer)

The compensation calculation has fundamentally changed under the new law. The employee is obligated to serve the 30-90 day contractual notice period.

"Worker should by 45 day from his total salary or the residual period of the contract whichever is shorter." (Question 6 & 9)

If the employee fails to serve the required Notice Period (30 to 90 days), they must pay the employer a "Notice Allowance" equal to their salary for the unserved portion of the notice period.

"As for the limited contracts, there is no one month of notice…" (Question 8)

This is incorrect. The new law mandates that either party can terminate a limited contract with a written notice period of 30 to 90 days (as per contract), provided there is a legitimate reason. The 30-day minimum notice applies to all contracts now.

Action: Replace the old Article (116) concept with the requirement for 30-90 days' notice. The primary liability is for failure to serve this notice, not an automatic compensation for breaking the limited contract (unless the contract requires a longer notice period or the termination is found to be without a legitimate cause).


๐Ÿ”‘ Summary of Your Rights

Here is how your situation is legally governed under the current 2021 law:

Issue

Employer's Claim

Current UAE Labour Law (2021)

End-of-Service Gratuity

Refused to give gratuity.

Illegal. You are fully entitled to your EOSG for 3+ years of service.

Deduction (45 days' salary)

Deducted 45 days' salary for breaking the limited contract.

Illegal Deduction. The only legal deduction for resignation is compensation for the unserved portion of the 30-90 day contractual notice period.

Ban/Sponsorship Transfer

May prevent transfer (ban).

Obsolete. No-objection certificates (NOCs) and automatic bans for breaking a limited contract have been largely abolished. You can generally transfer immediately upon successful termination (serving notice and paying any due compensation).

You should file a complaint with the Ministry of Human Resources and Emiratisation (MoHRE) against the employer for illegally withholding your gratuity and illegally deducting your salary.