Legislation Details
- Full Title: Cabinet Resolution Concerning The Executive Regulations of Federal Decree-Law On Domestic Workers
- Law Type: Federal Decree-Law
- Law Number: No. (106) Of 2022
- Issued Date: 30 Nov 2022
- Effective Date: 30 Nov 2022
- Official Gazette: No. 741
- Sector: Labour, Residency and Professions
- Status: Active
- Number of Articles: 41
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution establishes the executive regulations for Federal Decree-Law No. (9) of 2022 on Domestic Workers. It sets out the key definitions, obligations, and procedures for domestic worker recruitment offices operating in the UAE. The resolution aims to regulate the recruitment and employment of domestic workers, ensuring their rights are protected and the process is transparent for both employers and workers. It is an important piece of legislation for businesses and individuals in the UAE's labor and residency sectors. (Cabinet Resolution Concerning The Executive Regulations of Federal Decree-Law On Domestic Workers, 2022, Art. 1-20)
What is the scope and purpose of this law?
The scope of this Cabinet Resolution is to provide the executive regulations for Federal Decree-Law No. (9) of 2022 on Domestic Workers. It applies to all domestic worker recruitment offices operating in the UAE and the domestic workers they recruit. The purpose is to regulate the recruitment and employment of domestic workers, including setting out the obligations and requirements for recruitment offices, the rights and protections for domestic workers, and the enforcement mechanisms. (Cabinet Resolution Concerning The Executive Regulations of Federal Decree-Law On Domestic Workers, 2022, Art. 1-2)
What are the key definitions under this law?
- Law: Federal Decree-Law No. (9) of 2022 on Domestic Workers
- Preliminary Agreement: A written agreement between a domestic worker recruitment office and a recruitment agency abroad, which provides for the conditions and qualifications to be fulfilled by the domestic worker
- Suspension of Employer's File: An action taken by the Ministry whereby the employer is not granted a permit for recruiting a domestic worker for violating the provisions of the law or this resolution
(Cabinet Resolution Concerning The Executive Regulations of Federal Decree-Law On Domestic Workers, 2022, Art. 1)
What are the main obligations and requirements?
The Cabinet Resolution imposes several key obligations on domestic worker recruitment offices, including:
- Ensuring the domestic worker is medically fit and has the required qualifications and experience (Art. 4(1))
- Signing a preliminary agreement with recruitment agencies abroad and prohibiting dealings with unlicensed entities (Art. 4(2))
- Maintaining confidentiality of data, complying with fee limits, and using the Ministry's electronic systems (Art. 4(3))
- Entering into a contract with the employer and recruiting the worker as per the preliminary agreement (Art. 4(4))
(Cabinet Resolution Concerning The Executive Regulations of Federal Decree-Law On Domestic Workers, 2022, Art. 4)
What licensing, registration, or approval requirements exist?
The Cabinet Resolution sets out the conditions for obtaining a license to operate a domestic worker recruitment office in the UAE, including:
- The office owner/partners must not have been convicted of certain crimes (Art. 3(1)(a))
- Providing a bank guarantee of at least AED 500,000 (Art. 3(1)(b))
- Submitting a credit report reflecting the applicant's financial position (Art. 3(1)(c))
- Obtaining separate licenses for mediation and temporary employment activities (Art. 3(1)(d))
The Ministry may refuse to grant a license in certain cases, such as if the applicant previously had a license revoked. Licenses must be renewed annually. (Cabinet Resolution Concerning The Executive Regulations of Federal Decree-Law On Domestic Workers, 2022, Art. 3)
What rights and protections does this law provide?
The Cabinet Resolution does not explicitly outline specific rights or protections granted to domestic workers. However, it does require recruitment offices to ensure the worker is medically fit, has the necessary qualifications, and reviews the employment contract before signing. It also mandates that recruitment offices refund fees to employers in certain cases, such as the worker's lack of competence or early termination of the contract. These provisions aim to protect the interests of both domestic workers and employers. (Cabinet Resolution Concerning The Executive Regulations of Federal Decree-Law On Domestic Workers, 2022, Art. 4, 6)
Which authorities or bodies are responsible for enforcement?
The Ministry of Human Resources and Emiratization is the primary authority responsible for enforcing this Cabinet Resolution. The Ministry is empowered to:
- Issue regulations on licensing and renewing domestic worker recruitment office licenses (Art. 5)
- Suspend an employer's file for violating the law or this resolution (Art. 1)
- Determine the obligations and requirements for recruitment offices (Art. 4)
- Adjust the obligations set forth in the resolution as necessary (Art. 4(6))
(Cabinet Resolution Concerning The Executive Regulations of Federal Decree-Law On Domestic Workers, 2022, Art. 1, 4, 5)
What are the penalties for non-compliance?
The Cabinet Resolution does not specify any penalties for non-compliance by domestic worker recruitment offices or employers. It focuses on outlining the obligations and requirements, as well as the Ministry's powers to suspend an employer's file or refuse to grant a license in certain cases. The resolution refers to "administrative penalties" in Article 16, but does not provide any details on what those penalties entail. (Cabinet Resolution Concerning The Executive Regulations of Federal Decree-Law On Domestic Workers, 2022, Art. 16)
What fees, charges, or financial provisions are specified?
The Cabinet Resolution includes the following financial provisions:
- Domestic worker recruitment offices must provide a bank guarantee of at least AED 500,000, which the Ministry can use to pay amounts owed by the office (Art. 3(1)(b))
- Recruitment offices must refund fees to employers in certain cases, such as the worker's lack of competence or early termination of the contract (Art. 6)
- Recruitment offices must comply with the government service fees determined by the Cabinet (Art. 4(3)(c))
(Cabinet Resolution Concerning The Executive Regulations of Federal Decree-Law On Domestic Workers, 2022, Art. 3, 4, 6)
What exemptions or exceptions apply?
The Cabinet Resolution provides the following exemptions:
- Recruitment offices are exempt from certain obligations (such as providing a certificate of experience) when a domestic worker is recruited by designation/direct recruitment (Art. 4(5))
- Recruitment offices are exempt from refunding fees to employers when a domestic worker is recruited by designation/direct recruitment (Art. 6(4))
The resolution does not specify any other exemptions or exceptions. (Cabinet Resolution Concerning The Executive Regulations of Federal Decree-Law On Domestic Workers, 2022, Art. 4, 6)
How are disputes resolved under this law?
The Cabinet Resolution does not outline any specific dispute resolution mechanisms. It simply states that recruitment offices must "settle disputes" in Article 13, but provides no further details on the process or procedures for resolving disputes between domestic workers, employers, and recruitment offices. (Cabinet Resolution Concerning The Executive Regulations of Federal Decree-Law On Domestic Workers, 2022, Art. 13)
What are the key deadlines and time limits?
The Cabinet Resolution specifies the following key deadlines and time limits:
- Recruitment offices must replenish any shortage in their bank guarantee within 30 days (Art. 3(1)(b))
- Recruitment offices must refund fees to employers within 2 weeks of the worker returning or being absent from work (Art. 6(6))
No other specific deadlines or time limits are provided in the resolution. (Cabinet Resolution Concerning The Executive Regulations of Federal Decree-Law On Domestic Workers, 2022, Art. 3, 6)
How does this law interact with other UAE legislation?
The Cabinet Resolution references and builds upon the following related UAE legislation:
- Federal Decree-Law No. (9) of 2022 on Domestic Workers - this Cabinet Resolution provides the executive regulations for the federal decree-law
- Federal Law No. (1) of 1972 on the Competences of Ministries and the Powers of Ministers - this law establishes the authority of the Ministry of Human Resources and Emiratization
- Federal Decree-Law No. (33) of 2021 Regulating Labor Relations - this law governs labor relations in the UAE
- Cabinet Resolution No. (22) of 2019 on the Executive Regulations of Federal Law No. (10) of 2017 on Domestic Workers - this previous resolution is repealed by the current one (Art. 18)
(Cabinet Resolution Concerning The Executive Regulations of Federal Decree-Law On Domestic Workers, 2022, Art. 1, 18)
When did this law come into effect?
This Cabinet Resolution came into effect on 30 November 2022, the same date it was issued. It was published in Official Gazette No. 741 on 15 December 2022. The resolution does not contain any transitional provisions. (Cabinet Resolution Concerning The Executive Regulations of Federal Decree-Law On Domestic Workers, 2022, Art. 20)
Source Documents
This article analyses Cabinet Resolution Concerning The Executive Regulations of Federal Decree-Law On Domestic Workers for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.