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Rights of Domestic workers in UAE as per Labour Law 2024

Rights of Domestic workers in UAE

Domestic workers law in UAE contain 41 articles to protect them, oh yes and no body will tell you this that each enclose the rights of domestic helpers including working hours, daily rest, contract terms, annual or medical leave, gratuity payments and many more useful things. Let's discuss UAE domestic workers.



UAE domestic labour law ensure the safety of workers on workplace and prohibits discrimination among other employees working in UAE on the basis of race, color, gender, profession and religion.

Rights of Domestic Workers as per UAE Labour Law:

In-order to protect domestic workers in UAE, we have uploaded official labour law articles in PDF so they can easily download them, before reading or downloading official articles, we have shortlisted the details of such rules, as per labour law for domestic workers, all workers are entitled to:


1.     Payment of wages (salary) within 10 days of each month.
2.     8 hours consecutive rest with 12 hours of rest every day.
3.     1 day paid rest every week.
4.     Paid vacation of 30 days per year.
5.     Medical insurance by employer.
6.     If fell sick, 30 days medical leave per year.
7.     Return air ticket after completing 2 years contract.
8.     Gratuity for worker who completes 1 year.
9.     Comfortable accommodation to live.
10. Healthy meal on employer expense.
11. Keep passport and other identity papers with worker.
12. In case of dispute, workers can complaint.
13.  If case not solved at MOHRE, it will be refer to court.
14. Domestic workers are exempt from court fees at all stages.
15. In-case of earlier termination, visa fees to be return to worker.

Legal Prohibitions of Domestic Workers:

As per the draft of domestic workers law prohibits the following:

·       Discrimination on the basis of race, color, religion and profession
·       The employment of anyone under the age of 18
·       Sexual harassment (physical and verbal)
·       Exposure to physical harm
·       Assignments or orders of tasks not mentioned in the contract



Domestic workers Annual Leave:

The new domestic helper law, which comes into force on December 15, 2022, states the following:


·       The domestic helper is not entitled to annual leave 6 months from the date of employment.

·       The domestic helper is entitled to 2 days for each completed month, should the period of service be 6 months at least and a year at most (for example: if the worker completed 7 months, then they are entitled to 12 days leave in total, calculation is 2 days x 6 previous months).

·       The employer may determine the beginning date of the annual leave, and may divide it, if necessary, into 2 periods.

 


30 days of Annual Leave:

·       If the domestic helper has completed 1 year of service, they are entitled to not less than 30 days of annual leave.

·       If the domestic worker has completed 1 year, his/her wage shall be paid in advance by the employer.

·       Should the work circumstances require the domestic helper to work during their annual leave and their leave was not postponed to the following year, the employer must pay their wage as well as an allowance for the days of work, based on their basic wage.

·       It is not allowed to ask the domestic helper to work during their annual leave more than one time in 2 consecutive years.

 

2 Years Warranty system:

MOHRE approved recruitment agencies provide a 2-year (24 months) warranty for the employer (owner) if their domestic helper (housemaid, nanny etc) refuses to work or is unfit to meet their job requirements.


As per new announcement on October 18, 2022, the employer has the following rights:


·       As an employer, you have the right to ask the recruitment agency to replace your domestic helper or refund the total amount if the helper served less than 30 days.

·       If they served more than 30 days (1 month), the employer has the right to ask for a replacement or refund, based on the below calculation.

 

Example of MOHRE Calculation:


1.     An employer paid AED15,000 for recruitment fee (visa cost)

2.     Domestic workers contract is for 24 months (2 years)

3.     Let’s assume the domestic helper worked for 4 moths

4.     We divide 15,000/24 = AED625

5.     Then, AED625X 4 months of service = AED2,500

6.     The refund amount is 15000 – 2500 = AED12,500. 

 

So, if the domestic worker works less than 1 month with his/her new employer, the employer has legal right to ask for refund of his recruitment cost which is 15000 AED approximately for 2 years (per employee).


In this case, the hiring agency (tadbeer) may ask employee (domestic helper) to pay the visa cost if he/she refuses to work or is unfit to meet employer requirements. The visa cost may be payable as per above calculation which is 625 AED per month. 

Hiring and Recruitment Procedure:

Earlier it was private agency who deal the hiring process of a domestic helper but as per new rules, MOHRE announced approved services centers (hiring agencies) across UAE. So, below listed approved hiring agencies under mohre supervision is now recruiting domestic helpers and only listed companies are responsible for making contract, applying for visas, orientation, training, cancellation and disputes issues.

Note: All private hiring agencies are closed, do not get hired by any third party in UAE, Contact below approved companies to get hired. 



Also note that as per new rules, domestic workers over 60 years of age can now renew visa in UAE, to know more about renewal terms read this guide.

TADBEER Centre Packages:

Tadbeer centre provides 4 different packages to customers.

1.     Direct Sponsorship:
First package provides the visa under direct sponsorship of the employing family, the tadbeer centre will hire domestic worker from outside UAE with the guarantee of their performance and loyalty to 180 days. All government fees for entry visas, benefits such as accommodation, meal and medical will be paid by sponsor.

2.     Direct Sponsorship after 6 months:
The second package allow employers to hire a worker on temporary basis for 6 months, the helper visa can be transferred to family sponsorship after completing six months period. It helps families to check the workers performance before sponsoring them.

3.     TADBEER Sponsorship:
This package involves the recruitment of worker for two-year period under the sponsorship of TADBEER.

4.     Time-based Package:
The fourth package allows flexibility to customers, employers who wanted to hire domestic workers on hourly, daily or weekly bases can take benefit from this package. The fees for hiring domestic worker for a month under time-based package is 3500 AED whereas 120 AED for 1 week, 200 for 8 hours and 120 AED for 4 hours.

Contract, Insurance and Termination Rules:

All domestic helpers must get the copy of their signed contract from TADBEER center which mention and cover the domestic helper insurance policy up to Dhs 20,000.



Domestic helper insurance
Domestic workers Copy 

In-case of earlier termination from employer, the agency must repatriate (send back home) the worker at its expense or return the fee employee had paid.

Domestic Workers Labour Law:


His Highness Khalifa bin Zayed al Nahyan the president of United Arab Emirates promulgate the following 41 articles for domestic workers in UAE also known as domestic helper law no 10 for the year 2017, you can read and download all in-order to protect yourself or use it in case of dispute between you and your employer, sponsor, company or agency.

To Download Arabic Version: Click Here

Definitions:




Scope of Application of the Law:



Recruitment Agencies:



Employment Contract:



Work Regulations:



Yearly Leaves:



Inspection:



Dispute Resolution:



Contract Termination:



End of Service Compensation (Gratuity):



Penalties:



Final Provision:


Professions coming under Domestic Workers:


1.     Housemaid
2.     Nanny/Babysitter
3.     Watchman and Security guard
4.     Household shepherd
5.     Family chauffeur
6.     Housekeeper
7.     Household horse groomer
8.     Household falcon care-taker & trainer
9.     Domestic laborers
10. Valet Parking workers
11. Gardeners
12. Household farmers
13. Private teacher
14. Private Sailor
15. Private Coach
16. Private Nurse
17. Private PRO
18. Private agriculture engineer
19. Cook/Chef

What if Employers not follow rules?
We are experiencing the continues messages, comments and emails with subject that my employer is not following UAE Labour law for domestic workers or not allowing us break, not paying us gratuity and annual leave payments etc, what to do if employer is not following UAE rules?

We suggest everyone first to ask for your rights as you signed in your contract, if you don't know what is written in your contract, check it here or ask it from your employer, second if employer still denies show him the official article published by MOHRE, if again he/she violates the law follow legal steps by registering a complaint, we already have a guide on how to complaint, and not only we the MOL (MOHRE) also advise domestic workers of complaint against employer in case of dispute.

Do not afraid or panic, be confident as you are asking for your rights, we have seen many domestic workers specially the housemaids and nannies who are working for more than 12 hours without rest and weekly off. They might be worry of loosing job if they choose the complaint option but to be honest if you want your rights, be brave and speak truth, let your employer give you what government is giving you, first try to deal mutually with your employer if he is not listening, go for legal steps.

And as per UAE Domestic labour law, government of UAE (ministry) will attempt to resolve the dispute (complaint) amicably within a period of maximum 2 weeks. If not solved within 14 days the case will be refer to court and the good thing is that cases filled by domestic helpers are exempt from fees at all stages of litigation and the cases must be heard in a speedy and prompt manner.

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