Did you know that there are at least 40 articles in the UAE labor law that offer protection to foreign domestic workers in the country? If this is new to your ears or if you happen to be working in the country and are interested in a refresher, this update is for you!
As a country, the UAE has striven to treat all of its residents equally and fairly especially when it comes to work. In this post, we will discuss the rights of domestic workers that cover working hours, daily rest, contract terms, annual or medical leave, gratuity payments, and many other benefits.
UAE Labour Law: What are the Rights of Domestic Helpers in the UAE?
Firstly, the UAE domestic labor law was created to ensure the safety of workers in the workplace and to prevent discrimination among other employees working in the UAE on account of race, color, gender, profession, and/or religion.
You see, the UAE is not just a place where many expats find work to support themselves and their families, but it’s also an ideal place for them to live in because of the government’s commitment to treating everyone with the highest form of respect, dignity, and equality.
Here is a shortlist of the rules that govern and protect the rights of domestic workers in the UAE as specified in the UAE Labor Laws:
- Payment of salary within 10 days of each month.
- Eight (8) hours consecutive rest with 12 hours of rest every day.
- One (1) day of paid rest every week
- 30 days of paid vacation every year.
- Medical insurance covered by the employer.
- In case the worker becomes ill, she will be entitled to 30 days of medical leave per year.
- Return airfare after completing a 2-year contract.
- Gratuity pay for workers after completing their first year of work as stipulated in the contract.
- A decent and comfortable accommodation to stay in.
- Healthy meals covered by the employer.
- Workers are entitled to keep their passports, as well as other (important) identity documents.
- Workers may file disputes against their employers, where necessary.
- Cases involving work will be handled by the Ministry of Human Resources and Emiratisation (MOHRE), else, it will be referred to court.
- At all stages, domestic workers are exempt from court fees.
- In the case of early dismissal, visa fees are to be reimbursed to the worker.
In the same manner, the UAE Labor Law prohibits employers from engaging or getting involved in any of the following:
- Assignment or orders of tasks not mentioned in the contract
- Discrimination based on race, color, profession, and religion
- Employment of minors (under the age of 18)
- Sexual Harassment (Physical and verbal)
- Exposure of the worker to physical harm
What are the Hiring and Recruitment Procedures in the UAE?
Not too long ago, recruitment agencies were the ones responsible for facilitating the hiring process of domestic workers, but as per the new rules, MOHRE’s TADBEER centers are now authorized to facilitate the hiring and recruitment process for domestic workers. They are also the only facilities authorized to make contracts, apply for visas, provide orientation, training, and handle cancellation and dispute issues.
Also, as of January 15, 2020, the MOHRE announced that the minimum salary of employers to hire a domestic helper in the UAE is AED 25,000. However, those with lower monthly salaries can still hire a TADBEER-sponsored worker that will waive the salary requirement.
Moreover, as per the new rules, domestic workers over 60 years of age are now allowed to renew their visas in the UAE.
Get to Know the 4 TADBEER Center Packages:
1 – Direct Sponsorship:
The first package provides the visa under the direct sponsorship of the employing family. Through this package, the TADBEER center will hire a domestic worker from outside the UAE with the guarantee of their job performance and exclusive services for six (6) months (180 days). All government fees for entry visas, benefits such as accommodation, meal, and medical fees will be covered by the sponsor.
2 – Direct Sponsorship After 6 Months:
This package allows employers to hire a worker on a contractual basis for six (6) months. After this period, the worker’s visa can be upgraded to family sponsorship. This allows employers to evaluate the worker’s performance before taking them under their sponsorship.
3 – TADBEER Sponsorship:
Under this package, employers are allowed to hire a worker for two years under the sponsorship of TADBEER.
4 – Time-based Package:
The last package offers flexible terms for employers, as those who wish to employ a worker on an hourly, daily, or weekly basis can benefit from this package. The fees for hiring a worker for a month under this package starts at AED 3,500; AED 1200 for 1 week; AED 200 for 8 hours; and AED 120 for 4 hours.
Contract, Insurance, and Termination Guidelines:
As part of the hiring process, all domestic workers must keep a copy of their signed contract from the TADBEER center, which specifies the details of the domestic helper insurance policy of up to AED 20,000.
And in the event a domestic worker is dismissed earlier than was agreed upon in the contract by their employer, it is the agency’s responsibility to repatriate the worker, either bearing all expenses or returning the fee the employee had paid to enable the employee to go back home.
Types of Domestic Workers in UAE
In case you are wondering what is the classification considered to be under the domestic work category, here are the types of job positions:
- Housemaid
- Nanny/Babysitter
- Watchman and Security Guard
- Household Shepherd
- Family Chauffeur
- Housekeeper
- Household horse groomer
- Household falcon care-taker & trainer
- Domestic Laborers
- Valet Parking Workers
- Household Farmers
- Gardeners
- Private Sailor
- Private Teacher
- Personal Coach/Trainer
- Private Nurse
- Private PRO
- Private Agriculture Engineer
- Cook/Chef
How to Proceed if An Employer Does Not Follow Rules?
If your employer does not comply with the UAE labor laws, do not fear or panic. Instead, assert your rights in a respectful or non-confrontational manner. This is where one’s copy of the signed contract from the TADBEER center comes into play. If even after you’ve informed your employer regarding the official article published by the MOHRE, they still violate the contract, you can then resort to filing a legal complaint.
According to the UAE Domestic Labor Law, the government shall attempt to resolve any legal dispute or complaint through amicable terms within a maximum period of 2 weeks. If the issue is not resolved within this period, the case will then be referred to court. And as mentioned earlier, one of the benefits enjoyed by domestic workers in the UAE is that they are exempt from paying any fees at all stages of litigation, and the cases shall be dealt with speedily and fairly.