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.

 

Standard contract to regulate relations between domestic workers and employers will be introduced shortly in UAE

“The new unified contract will be made by a joint committee made up of representatives from the ministries of Interior, Labour, Health, and economic departments across the UAE,” Dr Hashim Al Nuaimi, Director of the Consumer Protection Department at the Ministry of Economy.

Dr Al Nuaimi said the contract will be taken up by the Higher Committee for Consumer Protection, chaired by Sultan Al Mansouri, Minister of Economy. He gave no time-frame as to when this contract will see the light. “The standard contract will take time because many authorities are contributing to it,” Al Nuaimi said, ruling out the issue being taken up by the next meeting of the Higher Consumer Protection Committee, scheduled for March 26.

According to a draft law on domestic workers, passed by the Federal National Council in 2012, the standard contract 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, specifically the nature of the work and the remuneration.
Standard contract for maids in the UAE: Law states contract will set out job description and qualifications, as well as salary
    According to the Ministry of Interior’s statistics at the end of 2007, there were around 750,000 domestic workers in the UAE. Picture for illustrative purposes only.

“The contract will also provide for financial obligations towards the workers travelling to the UAE, fees of the agent and the period required to bring in the employee. If the agent fails to honour these obligations as set out in the contract, the employer shall have the right to refuse offering the job to the worker, and the agent will bear the costs of returning the worker home, without prejudice to the employer’s right to claim compensation for any injuries caused by the agent’s failure to meet the contract’s terms,” states the legislation which requires to be signed into law by President His Highness Shaikh Khalifa Bin Zayed Al Nahyan.

Ali Eisa Al Nuaimi, a member of the FNC, will put a question to the Minister of Economy on Tuesday about the growing fees imposed by placement companies of domestic workers.

Al Nuaimi told  he would suggest that agreements be signed between the UAE and countries exporting domestic workers, to curb exploitation of recruiting agencies, which charge up to Dh12,000 in fees for employment of a domestic helper..

The contract, which can extend to no more than two years and is renewable for similar periods, shall more particularly specify the date of its conclusion, the date on which work is to begin, type of the work and workplace, duration of the contract, the remuneration and how it is paid as well as any other terms required by the nature of the work.

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 agent has to repay all fees if the contract is revoked of the worker’s own will, because of the worker or because agreed terms of the employment contract are not honoured.

To address abusive practices in respect of payment of wages, the law lays down a number of principles with regard to the protection of remuneration. 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. No amount of money may be deducted from a worker’s salary or end of service gratuity except for a debt payable in 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 occurs, it has to be settled by the special tribunals at the Ministry of Interior or be referred to the court.

Once the law is issued, a domestic worker will enjoy a weekly day off with full pay, paid annual leave of 14 days and sick leave of up to 30 days a year.

Domestic maids from India to UAE

Documents Required

•     Embassy Permit letter, in the prescribed format, duly typed and affixed with signature of employer [original and a photocopy].
•      Two copies of the Employment Contract (one original and one photocopy). The original should be attested by Shariah Court, Ministry of Justice and Ministry of Foreign Affairs (It must be typed)
•     Original employment Visa and two photocopies thereof.
•     Photocopy of the passport of the Employer.
•     Income/Salary Certificate of the employer in original.
•  
•     Undertaking from the Employer regarding good treatment of the FHSW, in the prescribed format.

    Guarantee from an Indian national in the format prescribed for the good treatment of the FHSW and fulfillment of the terms of the contract by the employer and also accepting responsibility to bear the cost of return passage by air, if necessary. The guarantor is required to sign the undertaking / guarantee in the presence of the Labour Officer.

•     Photocopy of the passport of the employee.
•     Photocopy of the passport of the guarantor.
•     The age of the maid should be 30 and above.
•     Minimum salary of the maid should be Dhs.1100/- per month in addition to free food & accommodation.
•     Security Deposit – The employer will have to deposit an amount of AED. 9200/-[UAE Dirham Nine thousand and two hundred only] with the Embassy as a Security Deposit. This deposit is refundable on termination of the contract subject to conditions being fulfilled
•     Mobile Phone – A prepaid mobile phone must be provided to the FHSW by the employer.
• Government of India Guidelines for recruitment of domestic female workers in all ECR Countries.

Extracts from the order issued by Government of India in the year 2007

A Foreign Employer may undertake direct recruitment of Indian personnel by obtaining a permit under Chapter IV of the Emigration Act, 1983. Applications for this purpose may be submitted either to the local/nearest Indian Mission or to the Office of the Protector General of Emigrants, Ministry of Overseas Indian Affairs, Akbar Bhavan, Chankyapuri, New Delhi in Form VI along with the documents/information mentioned therein. Besides, the foreign employer will deposit a Bank Guarantee (BG) of US$ 2,500 with the Indian Mission before issue of permit. The BG will be released to the FE after the Mission satisfies itself that the contract period is over and all dues of the worker have been paid by the employer.

Foreign employer shall also have to furnish bank guarantee of ten thousand rupees for every person intended to be recruited subject to minimum of one lakh rupees and maximum of twenty lakh rupees, valid for a period of one year over and above the duration of the employment contract.

Documents Required for Unskilled/Women Workers (Individuals)

Unskilled workers and women (not below 30 years of age) seeking employment abroad shall continue to furnish (in original) the following documents at the time of obtaining emigration clearance:

•     Passport valid for a minimum period of six months with valid Visa.
•     Employment contract from the foreign employer duly attested by the Indian Mission or Permission letter from the concerned Indian Mission/Post.
•     Challan towards deposits of prescribed fee.
•     Insurance policy Under Pravasi Bharatiya Bima Yojana (PBBY).

Frequently Asked Questions

    Who can sponsor a maid in UAE?
    Any one earning an income more than AED 10,000 per month can sponsor a maid.

    How can I select and bring a maid from India?
    You may select a maid through the registered recruiting agents or through your acquaintances. After selecting the maid, obtain the details of the maid, apply for an employment visa and thereafter approach the Embassy or the Consulate.
 
    How can I apply for a maid visa?
    You have to apply to the local immigration for housemaid visa. If you fulfill their requirements visa will be issued to you. Details of the requirements may be checked with the Immigration.

    What should I do after collecting the forms?
    After collecting the application fulfill the following conditions stipulated by the Embassy

•         Embassy Permit letter, in the prescribed format, duly filled in and affixed with signature of employer [original and a photocopy].
•         Two copies of the Employment Contract (one original and one photocopy). The original should be attested by Shariah Court, Ministry of Justice and Ministry of Foreign Affairs (It must be typed) Original employment Visa and two photocopies thereof.
•         Photocopy of the passport of the Employer.
•         Income/Salary Certificate of the employer in original. Minimum income of the employer must be AED. 10,000/- per month.
•         Undertaking from the Employer regarding good treatment of the FHSW, in the prescribed format.
•         Undertaking/Guarantee from an Indian national in the format prescribed for the good treatment of the FHSW and fulfillment of the terms of the contract by the employer and also accepting responsibility to bear the cost of return passage by air, if necessary. The guarantor is required to sign the undertaking / guarantee in the presence of the Labour Officer.
•         Photocopy of the passport of the employee.
•         Photocopy of the passport of the guarantor.
•     Other conditions:
•         Mobile Phone - A mobile phone and SIM card must be provided to the FHSW by the employer.
•         Security Deposit – The employer will have to deposit an amount of AED. 9200/-[UAE Dirham Nine thousand and two hundred only] with the Embassy as a Security Deposit. This deposit is refundable on termination of the contract subject to conditions being fulfilled. The security deposit would not be required if the recruitment is done through a Registered Recruiting Agent in India.
•         The Security Deposit will be governed by the following conditions :
•             On termination of the contract at any time by mutual consent, the full amount of the Security Deposit will be refunded to the employer on the latter submitting an application in writing and appearing at the Embassy in person along with the FHSW.
•  
•             However, should the FHSW complain of dues or if the Embassy has to incur any expenditure on her accommodation, food, local transportation and airfare to India, these expenses will be deducted from the Security Deposit and the balance amount refunded to the employer.

    What is the basic salary of the maid?
    The minimum basic salary of the maid should be Dhs.1100/- [not negotiable]

    Why is a guarantor necessary?
    In case where the sponsor is not reachable, the guarantor will be approached if there is a complaint from the maid.
 
    Why the sponsor has to deposit an amount of Dhs.9200/- with the Embassy?
    In case there is a dispute between the sponsor and maid and the sponsor is not willing to pay the salary, the same is deducted from the security deposit.

    What shall I do after getting the attested contract from the Embassy?
    You may send the documents to the proposed maid and ask her to go to the nearest Protector of Emigrants office and get the emigration clearance stamp. After getting clearance, she can book the ticket and travel.
 
    Is it mandatory to register the maid with the Embassy after she reaches UAE?
    Yes. You have to bring the maid to the Embassy and register her name before stamping the residence visa.
 
    What is the procedure to get back the security deposit?
    Bring the maid to the Embassy before her departure to India. The maid has to sign a document stating that she received all her dues. After her exit from UAE, bring the form showing the exit stamp so that we can process the application for releasing the security deposit.
 
    Can I transfer the security deposit to a second maid if I send back the first one?
    Yes, you can.If you have completed the formalities before sending the first maid as stated above and have proof that she has exited the country, the amount can be transferred to the second maids name.

    What should I bring when I come to collect the security deposit?
    You have to bring the original receipt showing the deposit and copy of your identity card.

    What shall I do if the maid wants to go back to India before the contract is over?
    Bring the maid to the Embassy before her departure to India. The maid has to sign a document stating that she received all her dues. Thereafter she can leave the country.
 
    Should I inform the Embassy when I renew the maid visa?
    No need to inform the Embassy when you renew the visa.