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 contract for housemaid, domestic helpers from june 1st 2014 in UAE

The Ministry of Interior (MoI) has amended the domestic helpers’ contract form, which will be effective today.

The Naturalization, Residency and Ports Sector at the MoI finished preparing the new and amended domestic helpers contract form after four years of implementation.

Major-General Khalifa Hareb Al Khaili, Acting Assistant Undersecretary of the Ministry of the Interior for Naturalization, Residency and Ports Affairs, said, “The new contract shall enter into force once ratified as of June 1, 2014, without the need for any procedures or ratifications by other authorities. It will be available for all via the electronic services system (E-service).”

“The new contract takes into account the different changes and aims to regulate relations between domestic workers and their employers. It is also the only reference adopted in determining the obligations of both parties to the contract, based on the provisions of the law,” said Maj-Gen Al Khaili.

Ratifying the new contract form falls within the jurisdiction of the Residency and Foreigners Affairs Departments, he added.

Maj-Gen Al Khaili said the contract form was amended and updated following assessment of the contract’s implementation phase during the past period.

He stressed that the updated version of the contract represents one of the many measures that the Ministry of Interior is reviewing, with a view to addressing the issues witnessed during the past period of implementation regarding domestic helpers. “This regulatory action fulfills the Ministry of Interior’s strategic goals and vision 2014-2016,” said Maj-Gen Al Khaili

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.

You can sponsor housemaid only if you have a maid's room

Adnan Al Hamady of Dubai Naturalisation and Residency Department, confirmed that two attested certificates are needed to sponsor anyone on visa to UAE - the first is a rent contract attested by the Dubai Municipality or Ajman Municipality or Sharjah Municipality, depending on where you reside.

The rent contract must explain how many rooms are there and if there is a room for the housemaid or not, if applying for a housemaid visa.

The DNRD has details of sponsor's family, so it can determine the number of people who live in the house against the information on the number of rooms provided in the tenancy contract, he added.

The second paper needed as a sponsor is the water and electricity bill attested by the provider from the same emirate where the resident lives.

Hamad Hassan, Manager of the DNRD Director-General's office, told Emirates24|7 that if anyone wants to sponsor for visit or transit visa, then they
have to provide a copy of their passport with Visa page and certificate of salary and the attested rent contract and utility bills.

The same is the requirement for bringiing in house help such as houemaids, gardeners, drivers etc., he added.

A typing office representative said a photocopy of sponsor's and visitor's passports are also needed, one passport size photograph of the visitor and
Labour contract of the sponsor are also needed, for visit visas.

For housemaids, same is the requirement, plus the rent and utility bills. For one month's visit, the visa fee is Dh720. For three months, it is
Dh1,270.

The sponsor also has to pay a guarantee of Dh2,000, which is refundable after vistor has gone from the UAE.

For housemaid, work visa costs Dh270 and Dh2,000 guarantee after housemaid's visa is cancelled. When housemaid comes here, sposnor has to pay a fee of Dh5,000. Housemaid visas have a renewable validity of one year.

House maid Visa in UAE

HOW TO SPONSOR A HOUSE MAID IN UAE

Unlike normal residence permits, residence permits for maids or domestic help are for periods of one year if the sponsor is an expatriate, but if the sponsor is local citizen then the period is two years. It should be noted that only individual’s resident and not businesses may employ maids or domestic help. Such individuals will assume the role of the domestic helper’s sponsor for immigration purposes, provided they satisfy the conditions stipulated under Article 23 of the Decree, namely:

• Have a monthly salary of at least AED 6,000.

• The sponsor has not sponsored a domestic helper or a housemaid for one year ending on the date the application is submitted.

• The helper is not related to the sponsor.

• The sponsor resides in the country with his family.

There are additional requirements regarding women who practise certain professions such as in the fields of medicine and engineering.

It is illegal to employ a domestic help who is on someone else’s sponsorship. It is not permitted to transfer the sponsorship of a domestic helper to a new employer, unless a period of at least one year has lapsed from the date the helper last left the country. This is pursuant to Article 63 of the Decree which states that when an employment is terminated, the residence permit for employment is considered void and that, no entry permit or new visa can be issued unless after the lapse of six months from the last date of departure from the country, and for one year for house servants.Ó6

6.Article 63 Federal Law 1973

The deposit amount of a housemaid visa for Dubai was recently reduced from AED 5,000 to AED 2,000, immigration officers confirmed. (as per Gulf news report)

Contrary to past rules, however, this deposit of AED 2,000 will only be refunded upon the housemaid’s return to her home country. In the past, the deposit of Dh5,000 was refunded upon completion of the medical fitness test and stamping of the employment visa on the housemaid’s passport.

Documents required for Maid Visa

• ·         Your own salary certificate and labour contract.
• ·         Your tenancy agreement.
• ·         Your passport (and a copy).
• ·         Copy of the maid's passport (and original passport with entry permit after arrival in the UAE).
• ·         Passport photos of the maid (4 should be enough but bring a few extra).
• ·         If you (the sponsor) and the maid are the same nationality, then you will need an affidavit from your embassy or consulate to certify you are not related to the maid.
• ·         AED 5000 deposit for entry visa. Changed to AED 2000 for expat sponsors. Deposit of AED 2000 required from Emirati sponsors remains unchanged.
• ·         AED 5100 for residence visa (annual cost).
• ·         AED 300-400 for health card (annual cost).
• ·         AED 500 for other fees (approximately). Add AED 100 here and there for urgent processing.

Procedures:

1. Go to authorized typist & get form filled up. Pay AED 110 + separate typing fee (which varies from typist to typist). If urgent, pay additional AED 100. 

2. Go to the General Directorate of Residency and Foreigners Affairs - Dubai  & submit all documents after attaching courier sticker for non-urgent visa. For urgent, wait for a few minutes and receive the employment entry permit.  You will have to pay a refundable deposit of AED 2,000 along with the application.  (The deposit was reduced from AED 5000 to AED 2,000. See news update)

3. Send either original visa or copy to your maid. If only copy was sent, then deposit original at DNATA Visa Desk at Dubai airport or at DNRD counter.

Applying residence visa for your maid

1. Apply for residence permit and medical fitness report within 30 days of the arrival of your maid's entry into the country. Visit an authorized typist & pay for either urgent or non-urgent form & submit to DNRD counter.

2. After stamping, take your maid for a medical fitness test  .All new maids will be screened for HIV, pregnancy, Hepatitis B, Syphilis, TB & Leprosy. The Hepatitis B vaccination which costs an additional AED 50 is given in 3 doses - immediately, booster after 1 month and booster after 6 months. If you keep the yellow certificate as proof of all three doses, then when renewing your maid's visa, you do not need to re-do this, as the vaccination and certificate is valid for 10 years.

Costs of Medical Fitness

• Normal fitness test costs AED  325 (AED 260 + AED 50 for Hepatitis B vaccination + AED 15 for courier and takes 5-7 working days to get the results.

• 48 hour service costs AED 420 (AED 370 + AED 50 for Hepatitis B vaccination). You can collect results in 2 working days.

• Urgent service costs AED 520 (AED 470 + AED 50 for Hepatitis B vaccination). You can collect results after 24 hours.

• There is also a 4 hour VIP service costing AED 740 (AED 690 + AED 50) but this is only for Al Safa & Knowledge Village employees and dependents.