Article United Arab Emirates: New Law Regulating Work of Foreign Domestic Workers Adopted

On September 15, 2022, the government of the United Arab Emirates (UAE) passed Federal Decree-Law No. 9 of 2022 concerning Domestic Workers. This decree-law is aimed at creating better work conditions for domestic workers in the UAE by establishing rights and protections for them. The law also establishes responsibilities that must be fulfilled by employers and recruitment agencies. Nearly 90% of the UAE’s population is foreign, with many working as domestic workers. The law took effect on December 15, 2022.

Article 4 of the law prohibits anyone from hiring domestic workers who have not been licensed by the Ministry of Human Resources and Emiratisation. It also forbids hiring anyone under the age of 18 as a domestic worker and prohibits discrimination, sexual harassment, forced labor, or any act that is considered to be a potential act of human trafficking.

Article 5 sets a number of requirements for recruitment agencies that must be followed. For instance, recruitment agencies, before bringing domestic workers from their home country, must provide them with information about the type and nature of the job and the wages for the work required. The law also prohibits recruitment agencies from charging domestic workers any fees during the recruitment process. Further, domestic workers must receive a medical examination 30 days before their arrival in the UAE. The agencies are required to familiarize domestic workers with the customs and traditions of the UAE and provide them with adequate accommodations. In addition, the law mandates that the agencies inform domestic workers of their rights under Emirati laws, treat them with respect, and direct them to the appropriate authorities if their rights are violated.

Article 7 creates a mandatory unified employment contract sponsored by the Ministry of Human Resources and Emiratisation. The contract must include information about the duties of the domestic worker, time off, wages, the method by which the employers will pay the worker, time of authorized leave, and instances that may lead to the termination of the employment contract.

Article 8 states that the probation period for a domestic worker may not exceed six months, while article 9 grants workers one paid day off per week and mandates that domestic workers have at least 12 hours of rest per day. Article 10 grants domestic workers annual leave of no less than 30 days per year and requires that their wages be paid in full before they commence their annual leave. If the domestic worker wants to return to their home country, the employer is required to bear the cost of the worker’s plane ticket. The law requires the employer to pay for the worker’s trip to their country of origin once every two years. Additionally, domestic workers are entitled to 30 days of sick leave if they provide a doctor’s note. Only the first 15 days of sick leave are paid at full wages, with the remaining days paid at half wages.

Article 11 obliges employers to provide domestic workers with adequate housing accommodations, food, and clothing. Additionally, employers must pay domestic workers the wages that were cited in the employment contract, as well as incur the cost of the workers’ medical treatment or provide them with health insurance. Furthermore, employers may not hire domestic workers if the workers do not have the appropriate work permit to work in the country.

Article 21 of the law addresses the transfer of domestic workers between employers. Paragraph one states that domestic workers may transfer to a job with a different employer if all contractual requirements in the employment contract with the first employer are met.

Article 24 establishes the authorities of the inspectors of the Ministry of Labor. Under the law, the Ministry of Labor’s inspectors have the right to review the work of recruitment agencies and to inspect domestic workers’ places of work and residence. However, the ministry’s inspectors may not enter the employer’s family residence without the consent of the owner or the permission of the Public Prosecutor.

Article 27 lists penalties for violation of the law. It imposes a six-month prison sentence and a minimum fine of 20,000 Emirati dirhims (AED) (about US$5,440) on anyone caught falsifying information with the intent of recruiting domestic workers.

It also imposes a minimum 50,000 AED fine (about US$13,600) on anyone who employs a domestic worker without a work permit, hires a domestic worker but fails to provide the worker with a job, recruits workers who are under 18 years of age, or assists a domestic worker to abandon their current employment with the intention of exploiting the worker or having the worker do illegal work.

Finally, the law imposes a fine of 50,000 AED to 1 million AED (about US$13,600 to $272,000) on anyone who violates any of the other provisions of this law.