The United Arab Emirates (UAE) enacted Federal Law No. 9 of 2022 in September of that year, introducing extensive requirements for domestic workers. The goal of the legislation and its revisions is to uphold legal requirements for employers and recruiting agencies while also safeguarding the rights of domestic workers.
Contracts of Employment for Domestic Help
Based on a model authorized by the Ministry, Both the recruitment agency and the employer sign the employment contract. It contains the following provisions:
- The employer may impose special requirements on the domestic worker, especially with relation to the nature of the labor and pay. To locate a job with the finest benefits and pay, check https://layboard.in/vacancies/jobs-in-uae/jobs-in-abu-dhabi/speciality/house-maid.
- Fundamental duties and rights that an employer has for a domestic worker.
- financial obligations required to relocate a domestic worker from their native nation to the United Arab Emirates.
- The Ministry must approve the agency fees and services to be rendered.
- Timeline for finishing the hiring procedure.
The employer has the right to reject the domestic worker’s services and request a replacement or reimbursement of the recruiting cost if the recruitment agency breaches the terms and conditions outlined in the contract. The Ministry will resolve such matters in compliance with the executive regulations.
Contract of employment
The model and procedures authorized by the Ministry must be followed by the employer when signing an employment contract with a domestic worker. Use job search websites like Layboard to discover a reputable business who will offer a written contract.
- The employment contract should include the parties’ names.
- The workplace.
- The date on which the deal was concluded.
- The date on which construction began.
- The nature of the job.
- The length of the agreement.
- The pay and mode of payment for the wage.
- Any additional requirements based on the type of job.
The two-year job contract has the option of being extended for an additional year. Until both parties agree to dissolve it, the contract is automatically renewed under the same terms if the parties continue to perform after it has expired.
Hours of work and weekly relaxation
- The implementing regulations will specify the minimum number of paid days of rest that the domestic worker is entitled to each week.
- If the employer mandates that the employee work on the weekly rest day, they will be entitled to an alternate day off or overtime compensation for the additional work.
- A domestic worker has the right to a minimum of 12 hours of rest, which must include at least 8 hours of uninterrupted sleep, every day.
Holiday privileges
- After one year of employment, a domestic worker is entitled to at least thirty days of yearly leave. The employee is entitled to two days of leave for each month they work if their tenure is shorter than a year.
- The employer must give the domestic worker similar days off or monetary compensation if he is forced to work during his yearly leave.
- The employer must pay the employee the equivalent of his unutilized vacation days if the employee’s employment contract expires before he takes his yearly leave.
- Additionally, if a medical certificate is shown, the employee is entitled to up to 30 days of paid sick leave annually, of which the first 15 days will be paid in full and the remaining 15 days will be paid in half.
- If an employee’s wrongdoing is the reason for the illness, they will not be compensated for their sick leave.
Employer’s Obligations
- In addition to what the employment contract specifies, the employer must also give the domestic worker the supplies and machinery he needs to complete his job.
- Provide the worker a suitable place to live.
- Unless the temporary job contract specifies otherwise, provide the worker food and appropriate clothing.
- According to the terms of this Legislative Decree and the employment contract, pay the domestic worker’s salary.
- Assume responsibility for the worker’s medical expenses in compliance with state health laws or offer sufficient health insurance.
- Respect the worker’s dignity and physical health by treating him with care.
- Assigning responsibilities to the employee that go beyond his job description is only permissible if all parties agree to it.
- If a domestic worker is not permitted to work for you under this legislative decree, do not hire them.
- Payment of any compensation due under relevant regulations for illnesses or injuries sustained during work.
Responsibilities of domestic workers
A domestic worker is required to:
- Carry out work directly under the employer’s supervision and obey employer orders, unless they are in violation of the law or the terms of the employment contract.
- Honor the state’s traditions and customs.
- Handle the employer’s property with respect and carry out the duties you are given with diligence.
- Even after the job connection has ended, keep whatever information you have learned while working discreet.
- Work permits must be issued by the employer before you may begin employment with another company.
Safety and Health at Work
The executive rules and other relevant legislation compel both the employer and the domestic worker to adhere to occupational health and safety requirements.
Temporary Work
- In temporary employment situations, a recruiting agency is regarded as the employer; this does not alter the responsibilities of the person or family receiving the domestic worker’s services.
- The terms of this Legislative Decree and the executive rules that control the interaction between the employment agency and the temporary employer regulate the relationship between the domestic worker and the temporary employer.
Making Salaries Payments
- In accordance with the conditions of the job agreement, domestic workers’ salary must be paid in Emirati Dirhams (AED) within 10 days of the due date. The Ministry may set up a system to guarantee and keep an eye on salary payments.
- A wage receipt or other kind of documentation is needed as evidence of payment. A domestic worker is entitled to receive payment of his salary as of the date of his admission into the State or the date of the change in his legal status.
Withdrawals from Salaries
- The employer may deduct compensation from a domestic worker’s pay if their serious misconduct results in harm or damage to the employer’s tools, materials, or property. This deduction may not exceed 25% of the worker’s monthly salary and must be approved by the Ministry or agreed upon in writing.
- If the deduction does not surpass 25% of the wage, it is also permissible to use earnings to settle debts resulting from court rulings.
Pay suspension
- While a domestic worker is being held in custody, their pay will be halted.
- The worker is entitled to receive full pay for the duration of their incarceration in the event that they are found not guilty or the case is dropped. If the worker is proven to be at fault, the delayed pay might be taken away.
Change of Employment Status for Domestic Staff
- If all contractual duties with the previous employer are met and the Ministry’s processes are followed, a domestic worker may be moved to a new employer.
- If the employee obtains new employment, the former company is not obligated to pay for the worker’s return to their home country.
Refusal to labor
- The circumstances in which a domestic worker may legitimately decline employment will be outlined in this Legislative Decree’s provisions.
- If an employee misses work without a justifiable excuse, the employer is required to notify the Ministry within five days.
- If the domestic worker quits without giving notice to the employer, they must also tell the Ministry within two days.