New domestic worker law comes into force in UAE
The Ministry of Human Resources and Emiratisation (MOHRE) announced the issuance of Federal Decree-Law No.9 of 2022 Concerning Domestic Workers, which aims to strengthen domestic workers’ rights in the UAE. The decree-law establishes a comprehensive framework to strengthen and regulate Labour relations for the recruitment and employment of the domestic workers in the UAE and defines the responsibilities of the parties to the relationship in a way that safeguards their rights and duties. It also stipulates providing an appropriate work environment for the domestic workers in accordance with the national legislation and international agreements in force in the UAE. According to the new law, recruitment or temporary employment of domestic workers is only allowed if a relevant license from the Ministry of Human Resources and Emiratisation (MoHRE) is obtained. Recruitment or employment of a domestic worker under the age of 18 years is strictly prohibited, according to the law, which also permits the employer to refuse to employ a domestic worker if the recruitment agency had violated the terms agreed upon in the contract. The decree-law stipulates that the domestic worker must not be recruited from their country unless they are informed of the nature of the work, salary and other benefits. Evidence of their fitness, health conditions, psychological and occupational status should also be made available prior to employment. Domestic workers must not be recruited from their country unless they are informed of the nature of the work, salary and other benefits, according to the law. Proof of fitness, health conditions, psychological and occupational status should also be made available prior to employment. Employers are to provide suitable living accommodations for domestic helpers; meals and appropriate clothing as long as help was hired on a full-time basis and not on temporary contracts, except if agreed otherwise. PENALTIES: Fines of between Dhs 20, 000 and Dhs100, 000 and up to six months in prison for those who provide false information or fake documents to employ domestic helpers. Fines of a minimum of Dhs50, 000 and a maximum of Dhs200, 000 for people who hire unlicensed workers, recruit staff but do not provide a job, or use permits for domestic workers for purposes other than those for which they were issued. Fines of a minimum of Dhs50, 000 and a maximum of Dhs200, 000 for those who close recruitment agency operations without settling wages owed to domestic workers. Fines of up to Dhs200, 000 for those who employ a worker under the age of 18 or assist a worker to abscond or shelter absconding workers with an aim to exploit them in illegal activities. Fines of between Dhs200,000 and Dhs1 Million and jail time of up to one year can be imposed for attempting to employ a worker, on a full-time or temporary basis, without a permit and misusing login credentials for the ministry’s online portal. A maximum Dhs 10 Million fine can be imposed if a person employs unlicensed workers, with increases added depending on the number of workers involved. Penalties will be doubled for repeat offenders. CONCLUSION: The new law is intended to help ensure all parties involved in an employment contract have their rights protected. Recruitment offices will be banned from accepting a commission for obtaining work, whether directly or through third parties. They will also be barred from incurring expenses from domestic helpers.
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