59A7D41EB44EABC4F2C2B68D88211BF4 UAE Visa Rules & Procedures - Ultimate UAE Law Updates for 2025: Domestic Workers Law UAE
Showing posts with label Domestic Workers Law UAE. Show all posts
Showing posts with label Domestic Workers Law UAE. Show all posts

Saturday, February 1, 2025

Act Now: Simplified Steps for U.A.E Sponsorship of Domestic Workers in 2025

In the UAE, the following individuals can sponsor domestic workers:

Domestic workers U.A.E in work

1.    UAE Nationals: Citizens of the UAE can sponsor domestic workers.

2.    GCC Nationals: Citizens of Gulf Cooperation Council (GCC) countries residing in the UAE can also sponsor domestic workers.

3.    Expatriates: Expatriates with a valid UAE residency visa can sponsor domestic workers, provided they meet certain criteria.

Eligibility Criteria for Expatriates:

·       Minimum Income: Expatriates must have a minimum monthly income of AED 25,000.

·       Residency Status: Only those with a valid UAE residency visa can sponsor domestic workers.

·       Living Arrangements: Sponsors must provide adequate living accommodations for the worker.

Special Cases:

·       Patients: Patients with accredited medical coverage in the UAE, and whose family members have at least AED 15,000 in combined income, can sponsor domestic workers.

·       Consultants and Legal Counsellors: Expats working in the UAE as consultants and legal counselors of various specialties can also sponsor domestic workers.

·       Approval by UAE Cabinet: Some special cases may be approved by the UAE Cabinet to sponsor domestic helpers.

It's important to follow the specific guidelines and regulations set by the Ministry of Human Resources and Emiratisation (MOHRE) and to ensure that all legal requirements are met.

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.

Tuesday, August 6, 2024

Effortlessly Sponsor Your UAE Domestic Workers – Get the Guide Now

 Eligibility to Sponsor:

·       General Requirements:

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.

 

Thursday, April 25, 2019

The UAE Announces Changes to Guarantees System for Domestic Workers

In the UAE, domestic workers can now be replaced or the hiring fees fully or partially refunded within the entire period of the two-year recruitment contract, a senior official said.

The guarantee period for domestic workers hired through Tadbeer or other firms has been extended to two years, in keeping with the executive rules of the Domestic Workers’ law, Khalil Ebrahim Khouri, assistant under-secretary of the Ministry of Human Resources and Emiratisation for domestic workers affairs.

Initially, the Domestic Workers Law set six months as a guarantee period, during which an employer can get the hiring fees refunded or a worker replaced. Khouri said licensed firms are now obliged to refund all or part of the hiring fees of domestic workers, as per the remaining period of the contract.

Under the new rules that took effect recently, full hiring fees will be refunded, or the worker is replaced as the employer wishes, during the first six months of the contract (probationary period) in the event of termination of the contract by the worker without a legal reason, quitting work without an acceptable reason, the worker’s lacking fitness or inability to carry out his duties as required and agreed upon.

After the probationary period and up to the end of the recruitment contract, a part of the hiring fees will be refunded if the worker terminates the contract without a legal reason or quits work without an acceptable reason, Khouri said.

The amount refunded will be calculated on the basis of the remaining period of the contract. “For example, if an employer paid to a recruitment firm Dh15,000 as hiring fees and the work quit after 15 months of the two-year contract, the employer has the right to refund Dh5,625 for the remaining nine months of the contract,” Khouri said.

Khouri added recruitment firms are obliged to refund the fees to the employer within a month of the date the employer returns the worker or reports his absence from work.

Khouri explained that in the case of an employer specifically named a domestic worker to be recruited and the recruiting firm so did, no hiring fees will be refunded.

The ministry recently launched its new app Tadbeer, which allows users to access Tadbeer centres’ services and related information around the clock from any location, using smart devices. The app is in line with the ministry’s strategy to facilitate access to its services 24/7 from any location, using smartphone apps. It is also part of the ministry’s commitment to ensuring customer happiness

Wednesday, September 27, 2017

Domestic Workers Law get approval in the U.A.E

 A law stipulating working conditions for domestic workers, including a regular weekly day off, 30 days of paid annual leave and the right to retain personal documents, was approved by President His Highness Shaikh Khalifa Bin Zayed Al Nahyan, it was announced on 26th of september.
 The new law also provides for a daily rest of at least 12 hours — including at least eight consecutive hours.Saqr Ghobash Saeed Ghobash, Minister of Human Resources and Emiratisation, said the law strikes a balanced domestic worker-employer relationship and regulates it in a way that protects rights of all parties involved.
“The law, moreover, reflects the UAE’s commitment to the supremacy of law and to aligning the local legislation with international labour standards,” Ghobash added.hobash said the Ministry of Human Resources and Emiratisation will soon complete the executive regulations and job contracts ahead of the implementation of the law.


The law will take effect two months after it is published in the official gazette.

The law promotes decent work conditions for domestic workers, including social protection and access to specialised tribunals at the Ministry of Human Resources and Emiratisation and courts. It sets 18 years as a minimum age for a domestic worker, which is consistent with the international rules on the elimination of child labour.
Placement agencies have to ensure that the domestic workers are informed of the terms and conditions of their employment such as the nature of work, the workplace, the remuneration and the period of daily and weekly rest as set out by the executive regulations before they cross their national borders.
The new centres called Tadbeer, which will replace domestic worker recruitment agencies by the end of the year will guarantee proper visa, orientation and training for the workers.


Agency obligations
The law says: “A contract accredited by the Ministry of Human Resources will be signed by the employer and the employment agency, setting out job description and qualifications of the worker as well as obligations of the employer. This contract will also detail the financial obligations towards the worker travelling to the UAE, the fees of the agent and the period required to bring in the employee.”

If the agent fails to honour the obligations set out in the contract, the employer shall have the right to decide against offering the job to the worker. The agent will then bear the cost of sending the worker back to his/her home country.

The employer also has the right to claim compensation for any inconvenience caused by the agent’s failure to meet the contract’s terms.

A domestic worker, the law states, may be engaged on probation for six months, during which his or her service may be terminated by the employer with the placement agency bearing the cost of sending the worker home if necessary.
The placement agent has to repay all fees if the contract is revoked on the worker’s own will, because of the worker or because the agreed terms of the employment contract are not honoured.
Wage protection
Remuneration, which has to be communicated to the worker and agreed by him or her before travelling to the UAE, has to be paid no later than the 10th of the following month and a receipt is signed upon every payment. The Ministry of Human Resources and Emiratisation may introduce a more suitable wage protection system.
No amount of money may be deducted from a worker’s salary or end-of-service gratuity except for a debt payable in the execution of a court ruling or repair of any damage caused by the worker, provided that the deduction shall not exceed a quarter of the worker’s salary. If a dispute arises, it has to be settled by the special tribunals at the Ministry of Human Resources or be referred to the court.
The employer must inform the Ministry of Human Resources and Emiratisation within five days of the worker’s absence from the workplace without a valid reason.

A worker must inform the ministry within 48 hours from quitting work without the knowledge of the employer.
 Regulation of contracts
The recruitment agency must present a copy of the job offer to the worker prior to the worker’s departure from his country of origin. A standard contract accredited by the Ministry of Human Resources and Emiratisation will govern the terms and conditions of the employment.

Either employer or domestic worker may terminate the contract if the other party fails to meet his obligations. The employer or worker may terminate the contract even if the other party has met his obligations. This is called a ‘no-fault’ termination and it is subject to compensation as outlined in the Domestic Labour Law.

Entitlements of domestic workers

As per the law, domestic workers are entitled to:

  •     - Payment of wages, as set out in the standard contract, within ten days from the day they are due;
  •     - One day of paid rest per week;
  •     - Twelve hours of rest per day, including eight hours of consecutive rest;
  •     - Medical insurance provided by the employer;
  •     - Thirty days’ medical leave per year;
  •     - A round-trip ticket home every two years;
  •     - A decent accommodation;
  •     - Decent meals at the employer’s expense;
  •     - Clothing, if required by the employer, at the employer’s expense;
  •     - Possession of their personal identification papers such as passports, IDs etc; and
  •     - Either the employer or the worker can refer a dispute to the Ministry of Human Resources and Emiratisation. The ministry will attempt to resolve the dispute amicably within a period of two weeks. If no resolution is reached, then the matter will be referred to a court. Under this law, cases filed by workers are exempted from court fees at all stages of litigation and must be heard in a speedy and prompt manner.
Legal prohibitions: The law prohibits the following:

  •     - employment of anyone under the age 18;
  •     - exposure to physical harm’ and
  •     - assignment of tasks that are not covered under the contract.
    Regulation of recruitment agencies

Only UAE-registered natural or legal persons with good standing may recruit domestic workers to the UAE. An agency may not, on its own or through a third party, solicit or accept from any worker, whether prior to or after employment, any form of commission in exchange for employment.

In the event of early termination, the agency must repatriate the worker at its expense and either offer the employer an acceptable substitute worker or return to the employer the fee he/she had paid.

The agency must at all times treat the worker decently and refrain from exposing him/her to any form of violence.

New centres called Tadbeer, whose services will be regulated by the ministry will replace domestic worker recruitment agencies by the end of 2017. These centres will guarantee proper visa, orientation and training for the workers.


Categories of domestic workers

The new professions under the domestic helpers’ category (only for households, not companies) are: housemaid, private sailor, watchman and security guard, household shepherd, family chauffeur, household horse groomer, household falcon carer and trainer, domestic labourer, housekeeper, private coach, private teacher, babysitter, household farmer, private nurse, private PRO and private agriculture engineer.