Domestic helpers in the United Arab Emirates (UAE) have the same respect as employees in other industries. Recently, their rights have been created separately to ensure safety. Under the Federal Decree-Law No. 9 of 2022, domestic workers are provided complete protection at work. The law emphasizes their wages, working hours, holidays, or rest days as well as making a contract to clear all labour disputes and recruitment procedures. If you are employing a domestic worker at home in the UAE or you are working in someone’s house as domestic help, it is important for both parties to understand the relevant legal procedures and laws. To help you understand those laws, the labour and employment lawyers in Dubai can assist you.
Categories of Domestic Workers in the UAE
Domestic Workers are the ones working in people’s houses or providing personal assistance to someone staying at home. Professions like housemaids, nannies, cooks, drivers, housekeepers, gardeners, and private nurses are considered to be domestic workers. Their work scope is limited to the residential areas only. The law for domestic labour is different from the UAE labour law that is applied in the private sector.
Employment Contract for Domestic Workers
The employment contracts are drafted similarly to the regular employee contract. It means the contract ensures salary, job responsibilities, holiday period, working hours, and a termination clause. However, the employment contract for the domestic workers is written in Arabic. It can be translated into English or any other language with the help of labour and employment lawyers. Additionally, the contract must be approved by the Ministry of Human Resources and Emiratisation (MOHRE) as it governs all the labour disputes and laws in the UAE.
Rights of Domestic Helpers Under UAE Law
Just like every other employee has rights in the UAE, domestic labour also has rights over wages, leave entitlements, compensation for wrongful termination, or making claims for personal injuries at work. They are also entitled to working hours that are not more than 12 hours a day. However, these hours also include breaks. They can get one day off per week and it is paid. Additionally, they work for 8 hours consecutively if needed.
In case of any disputes regarding the domestic labour issue, the labour and employment lawyers in Dubai can get you compensation to ensure justice and fairness in the case. The leave entitlements are similar to the corporate employees. They can have 30 days off which is paid, but if only they have served the employer for more than a year. The medical leave is up to 30 days a year. They can get 15 days paid and 15 days unpaid for their medical leave. A medical certificate shall be submitted to the employer as proof.
In terms of accommodation, food, and healthcare, the employer should provide decent benefits to eat, to live, and to survive. They shall be treated with dignity like other professions are treated in the UAE.
Responsibilities of Employers in the UAE
Being an employer of the domestic worker, you must understand the UAE domestic workers’ law. Under this law, it is important to have approval from MoHRE to allow you to have a domestic worker and that they are eligible to work in your house. The salary shall be paid timely as per the contract. Moreover, the medical tests and recruitment costs shall be covered under the UAE domestic workers’ law. Religion and privacy shall be respected in every case. If the employers do not comply with these laws, they will be penalised according to the UAE Penal Code. The labour and employment lawyers in Dubai shall be hired to ensure smooth recruitment operations.
Termination of Contract for Domestic Workers
The termination of employment can be conducted with mutual agreement or when the contract expires. If one of the parties is at fault, they shall be given legal notice of 30 days before leaving the job. However, the termination shall be conducted for valid reasons only. The employer should compensate terminating an employee without any cause. If the worker has been assaulted, harassed, or discriminated at work, they can leave the job immediately. The labour and employment lawyers in Dubai will ensure compensation for their loss through the employer in the UAE.
Recruitment Agencies and Licensing in the UAE
Individuals can hire domestic workers through licensed recruitment agencies. These agencies know the rights of the domestic workers in the UAE and also replace the worker within 6 months if the employer is not satisfied with the performance. However, there are no recruitment charges for the workers. The authorities should also cooperate with the UAE domestic workers’ laws and provide assistance to employers for dispute resolution. In such scenarios, labour and employment lawyers in Dubai can be hired by either party.
FAQs
1. Are domestic workers entitled to end-of-service benefits in the UAE?
As a domestic worker, you get the end-of-service benefits if you have completed one year with the employer. These benefits are calculated as per the final basic wage.
2. Can a domestic worker change employers in the UAE?
The domestic worker can switch their job in the UAE if they have informed the MOHRE and served the notice period. Additionally, the terms of transfer shall comply with the existing conditions and court rulings.
3. What happens if an employer doesn’t pay a domestic helper’s salary on time?
The dispute can arise if the employer fails to pay salary on time to the domestic worker. The case will be taken to the MOHRE and so the employer will have to face legal penalties. However, labour and employment lawyers in Dubai can help employees in getting compensation and justice in their legal matters.
4. Is it legal to retain a domestic worker’s passport?
No one can confiscate your passport whether you are a domestic worker or a corporate employee in the UAE. Anyone doing that will face legal penalties and fines in the UAE.
5. How can domestic helpers seek legal help in case of abuse?
Domestic workers can contact MOHRE through an online portal, call them, or even go to the authority in person. They can also hire labour and employment lawyers in Dubai to help them with legal dispute resolution.
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