This decree-law provides a framework for improving and managing labor relations in the UAE. There are a ton of different reasons why you will need to look into the new law for domestic workers in UAE. It specifies the obligations of the parties to the relationship and protects their rights. It aims to correct the relationship between labor relations in UAE. Hence, because the business rates keep increasing within the country, it is a must that there are laws that help form a unity.
It also calls for the creation of a workplace that is safe for domestic workers and compliant with international and local laws. There is no permission to recruit or hire domestic workers below 18. Employers can also refuse to hire domestic workers if they do not agree with the terms of the employment contract. The rules and regulations set for this application to all aspects. It is a must that all different types of businesses acknowledge them so that they can work accordingly without any mishaps.
Prerequisites for UAE New Domestic Worker Law
Workers need to be informed about their work before being hired. This new law for domestic workers in UAE requires that domestic workers be employed outside of their country after they have been provided with information about the job, including compensation and other perks. They must also be able to provide documentation about their mental and physical health before hiring. All of this is necessary because health always comes first. Not only is it essential to take care of physical health but also mental health as well. This will ensure that the worker is working fine and also has everything under control.
Formal Terms and Conditions of Employment Contract
The Ministry of Human Resources and Emiratization has approved the following format for the employment contract terms. It must also include information about the requirements for hiring domestic workers. This should include the hiring period and the basic legal and ethical obligations that the Employer must observe regarding the nature of the domestic worker’s employment and their compensation.
The contract should contain the financial obligations of the company for the transport of the employee from their country to the UAE, as well as the costs associated with hiring a recruitment agency. The conditions are important to understand before you continue with anything further. This is to avoid any future destructions that may come up.
Violations of contract terms by the Recruitment Agencies
Imagine that the contract is void by the agency. The decree law requires that an alternative worker is provided to the Employer or that the Employer be reimbursed for the recruitment fees. The Employer can then request compensation from the agency to cover any damages that may have resulted from a breach.
No additional Commission Request
It is also against the law for recruitment agencies to ask for commissions or collect fees directly from workers’ employers. There are certain aspects that both bodies should know before they get into any sort of distortion. That is because the laws are strict in UAE, and any illegal activity and allowance are going to cause a big punishment.
Humanely treated by recruitment agencies.
- Recruitment agencies must comply with national laws regarding labor accommodations.
- Domestic workers should get humanely treatment and not subject to violence.
- Educate them about the UAE’s culture and traditions.
- Give them information on how to contact the authorities if they have any concerns or complaints about their rights.
To Provide necessities
The decree-law also details the Employer’s responsibilities towards the domestic worker. This includes providing them with the housing, food, and clothing they need to complete their tasks. This is important because it comes under their right. It is a must that they get proper fulfillment of their necessities so that they can get motivation as well.
To Provide Healthcare
Employers must pay for employees’ medical treatment or provide insurance in accordance with applicable laws. As mentioned above, physical as well as mental health are all important concepts that are going to help you change your environment into a better one. Therefore, giving them healthcare should also be on your priority list.
Hiring domestic workers without a permit
It is illegal for employers to hire domestic workers unless:
- They have authentic work permits.
- Working for someone else,
- You can have a career that is not related to the job’s description.
- They will consent as long as the profession is in the decree-executive laws’ regulations.
You have the right to keep your personal identification documents.
Domestic workers are allowed to keep their identity papers, according to the decree law. It also details the procedures and requirements for paying the monthly wage to the decedent domestic worker, as well as any related debts to their heirs.
To perform work according to the employment contract.
Domestic workers must perform their duties under the supervision and direction of their Employer and in accordance with their employment contract.
Payment for Air fares
If the domestic worker takes a vacation to their country every year, the Employer must cover the cost of the round trip. If both the Employer and domestic worker decide to end the employment agreement or cancel it, the Employer will only pay for the domestic worker’s return flight home.
Dispute between Domestic worker and Employer
The law states that if an employer and domestic worker are not in agreement and cannot reach an amicable solution, they must report the matter to the Ministry of Human Resources and Emiratization. The Ministry can take any action it considers necessary to end the dispute amicably. This must follow the steps set out in the executive regulations.
Litigation before Court
If a mutually acceptable resolution is not reached within the specified time, the disagreement will be filed before the court.
Work for different Employers.
Domestic workers have permission to work for another employer provided that all contractual obligations have been fulfilled, the rights of the original Employer are respected, and the domestic worker follows all rules and regulations set by the Ministry. This would encourage everyone to have a legal way that protects their rights and grants a peaceful environment.