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.

 

Important News-the Regulations for Hiring Housemaids in the U.A.E! Hefty Fines for Violators

 The United Arab Emirates (UAE) has recently implemented a new law regulating the employment of domestic workers, including housemaids. This law, Federal Decree-Law No. 21 of 2023, aims to protect the rights of domestic workers and ensure their fair treatment. Here are some of the key points of the new law: 

Minimum age: Domestic workers must be at least 18 years old.

No discrimination: Employers are prohibited from discriminating against domestic workers on the basis of race, color, gender, religion, or nationality.

Standard contract: A standard employment contract must be used, which outlines the worker's rights and responsibilities.

Wages: Domestic workers must be paid their wages on time and in full, as stipulated in the contract.

Working hours: Domestic workers are entitled to a maximum of 10 working hours per day and 48 working hours per week. They are also entitled to one day of rest per week and 12 hours of rest per day, including 8 consecutive hours.

Leave: Domestic workers are entitled to 30 days of paid annual leave and 30 days of sick leave per year.

Accommodation and meals: Employers must provide domestic workers with adequate accommodation and meals.

Health insurance: Employers must provide domestic workers with health insurance.

End-of-service benefits: Domestic workers are entitled to end-of-service benefits upon the termination of their employment.

Fines for violations:

The new law also imposes significant fines for violations. Some of the fines include: 

• AED 50,000 for employing a domestic worker without a work permit
• AED 200,000 for not paying wages on time
• AED 1 million for engaging in any form of mediation or temporary employment of domestic workers without obtaining a license

It is important for employers in the UAE to be aware of the new law and to comply with its provisions. Failure to do so could result in significant fines and penalties. 

Bringing a housemaid into the UAE on a visit visa and employing them without obtaining a proper work visa is a serious offense in the country. It is important to understand the legal repercussions involved before considering such an action. 

Employer penalties:

Fines: The penalties for violating labor laws related to domestic workers can be severe, ranging from AED 50,000 to AED 1 million. This includes fines for:

• Employing a domestic worker on a visit visa.
• Not obtaining a work visa for the domestic worker.
  
  
• Not paying the worker's wages according to UAE labor laws.
• Violating other provisions related to working hours, leave, accommodation, and benefits.

Imprisonment: In some cases, particularly for repeated offenses or involving human trafficking, imprisonment may also be a possibility.

Deportation: The employer may be subject to deportation from the UAE.

Blacklisting: The employer's company may be blacklisted, making it difficult to obtain future visas for employees.

Additional consequences: 

Risk to worker: The housemaid working illegally is also at risk. They may be subject to:

• Deportation without compensation.
• Difficulty finding future employment in the UAE.
• Exploitation or abuse by the employer.

Reputational damage: If caught, the employer could face significant reputational damage.

Alternatives to illegal employment: It is highly recommended to follow the legal procedures for employing domestic workers in the UAE. This involves:

• Sponsoring the housemaid for a proper work visa.
• Paying all required fees and complying with labor regulations.
• Providing the worker with a fair contract, wages, and benefits as mandated by law.

New draft law offer Better conditions for UAE house maids

The Federal National Council (FNC) approved a draft federal law on domestic workers during its 16th legislative session held 30th May under the chairmanship of Dr Amal Abdullah Al Qubaisi, President of the Council.

The new draft law comes as part of the UAE's continuous efforts to provide the best living conditions for its residents. It also aims to enact special legislation to regulate all issues and procedures related to helping workers, while safeguarding their rights and duties and spelling out procedures for their recruitment.

The council stressed the importance of the draft law in regulating the relationship between employers, workers and recruitment agencies. It has a provision prohibiting the recruitment or employment of any worker under the age of 18, and also prohibits non-citizens to act as a broker for the recruitment of workers.

The worker may not be recruited or employed except in accordance with the conditions, controls and procedures provided for in this law, it adds.

The draft law also says the recruitment office is obliged not to bring the worker from his country unless he declares the type of work, its nature, the amount of the comprehensive wage and the availability of proof of fitness, health, psychological, professional and other conditions determined by the executive regulations of this law.

It stipulates that the worker has the right to a weekly rest day and compensated adequately if he/she has to work on an off. The worker is entitled to annual leave for 30 days for each year. According to the draft law, the worker has the right to sick leave for a period of not more than 30 days in the contractual year.

The amended draft law also requires the recruitment offices to bear the expenses of returning the worker to his country. The workers have the right to keep their official documents such as passports. And the recruitment offices should bear the expenses of returning the worker to his/her country.