Legislation Details
- Full Title: Federal Decree by Law Concerning Domestic Workers
- Law Type: Federal Decree-Law
- Law Number: (9) of 2022
- Issued Date: 05 Sep 2022
- Effective Date: 15 Dec 2022
- Official Gazette: No. 735
- Sector: Labour, Residency and Professions
- Status: Active
- Number of Articles: 67
- Chapters/Parts: 0
- Amendments: 2
Summary
The Federal Decree-Law Concerning Domestic Workers regulates the employment of domestic workers in the United Arab Emirates. The law aims to establish a balanced framework for the rights and obligations of domestic workers and their employers, and to provide a suitable work environment for domestic workers in accordance with UAE legislation and international agreements. (Federal Decree by Law Concerning Domestic Workers, 2022, Art. 2)
This law is significant for businesses and individuals in the UAE as it sets clear rules and requirements around the recruitment, employment, and treatment of domestic workers. It imposes obligations on recruitment agencies and employers, and provides protections and rights for domestic workers. Compliance with this law is crucial to avoid penalties and ensure the proper management of the domestic worker-employer relationship. (Federal Decree by Law Concerning Domestic Workers, 2022, Art. 1-32)
What is the scope and purpose of this law?
The provisions of this Decree-Law apply to the recruitment and employment of domestic workers whose occupations are set out in the Executive Regulations. The Minister may amend the list of covered professions based on the needs and requirements of the UAE labour market. The law also specifies that if a domestic worker travels with the employer or their family abroad, the employment agreement made under this law shall apply unless the foreign country's law requires otherwise. (Federal Decree by Law Concerning Domestic Workers, 2022, Art. 3)
What are the key definitions under this law?
- Domestic Work: The service rendered by the worker to the employer or their family at the workplace in accordance with the provisions of this Decree-Law. (Federal Decree by Law Concerning Domestic Workers, 2022, Art. 1)
- Worker: A natural person authorized by the Ministry to perform domestic work for a fee, under the management, supervision and direction of the employer or the beneficiary. (Federal Decree by Law Concerning Domestic Workers, 2022, Art. 1)
- Employer: Every natural person or recruitment agency hiring a worker to perform domestic work. (Federal Decree by Law Concerning Domestic Workers, 2022, Art. 1)
- Recruitment Agency: The agency licensed to mediate the recruitment of workers or for the temporary employment of workers. (Federal Decree by Law Concerning Domestic Workers, 2022, Art. 1)
- Temporary Employment: A system whereby the worker recruitment agency employs its domestic workers with the intention of making them available to a third party (the beneficiary) to perform work under the beneficiary's supervision and management. (Federal Decree by Law Concerning Domestic Workers, 2022, Art. 1)
- Employment Agreement: The fixed-term agreement concluded between the employer and the worker that defines their rights and obligations. (Federal Decree by Law Concerning Domestic Workers, 2022, Art. 1)
- Probation Period: The period required by the employer to evaluate the worker's performance, up to 6 months. (Federal Decree by Law Concerning Domestic Workers, 2022, Art. 1)
- Basic Wage: The wage stipulated in the employment agreement, excluding allowances or benefits in kind. (Federal Decree by Law Concerning Domestic Workers, 2022, Art. 1)
- Wage: The basic wage plus all allowances, bonuses and other benefits stipulated in the employment agreement. (Federal Decree by Law Concerning Domestic Workers, 2022, Art. 1)
What are the main obligations and requirements?
The law imposes several key obligations on recruitment agencies and employers of domestic workers:
- Recruitment agencies must inform workers of the job details, obtain proof of their capabilities, and conduct medical exams before entry to the UAE. They are prohibited from charging workers any recruitment fees. (Federal Decree by Law Concerning Domestic Workers, 2022, Art. 5)
- Employers must conclude an employment agreement with the worker using the form approved by the Ministry, specifying the job details, wage, leaves, and termination conditions. (Federal Decree by Law Concerning Domestic Workers, 2022, Art. 7)
- Employers are required to provide workers with a weekly rest day, daily rest periods of at least 12 hours, and annual leave of at least 30 days. (Federal Decree by Law Concerning Domestic Workers, 2022, Art. 9-10)
- Employers must meet various obligations towards the worker, such as providing adequate housing, protecting them from violence, and ensuring they receive their wages. (Federal Decree by Law Concerning Domestic Workers, 2022, Art. 11)
What licensing, registration, or approval requirements exist?
The law prohibits engaging in the recruitment or temporary employment of domestic workers without obtaining a license from the Ministry of Human Resources and Emiratisation. The Minister is empowered to issue decisions specifying the necessary controls, conditions, rules, procedures, and forms for the work of recruitment agencies. (Federal Decree by Law Concerning Domestic Workers, 2022, Art. 4)
What rights and protections does this law provide?
The law grants several rights and protections to domestic workers, including:
- Prohibition of discrimination, forced labor, and sexual harassment against workers. (Federal Decree by Law Concerning Domestic Workers, 2022, Art. 4)
- Entitlement to a weekly rest day, daily rest periods, and annual leave. (Federal Decree by Law Concerning Domestic Workers, 2022, Art. 9-10)
- Requirement for employers to treat workers well and protect them from violence. (Federal Decree by Law Concerning Domestic Workers, 2022, Art. 5)
- Requirement for recruitment agencies to raise workers' awareness about complaint mechanisms. (Federal Decree by Law Concerning Domestic Workers, 2022, Art. 5)
Which authorities or bodies are responsible for enforcement?
The Ministry of Human Resources and Emiratisation is the main authority responsible for enforcing this law. The Minister is empowered to issue decisions and executive regulations to implement the law's provisions. (Federal Decree by Law Concerning Domestic Workers, 2022, Art. 4, 6, 30)
What are the penalties for non-compliance?
The legislation does not specify any penalties for non-compliance with the provisions of this Decree-Law. (Federal Decree by Law Concerning Domestic Workers, 2022)
What fees, charges, or financial provisions are specified?
The law states that after obtaining the approval of the Council of Ministers, the Minister may issue a system of controls and fees for the services provided by recruitment agencies. (Federal Decree by Law Concerning Domestic Workers, 2022, Art. 6)
What exemptions or exceptions apply?
The legislation does not specify any exemptions or exceptions to the scope of this Decree-Law. (Federal Decree by Law Concerning Domestic Workers, 2022)
How are disputes resolved under this law?
The law does not provide details on the mechanisms for resolving disputes that may arise under this Decree-Law. (Federal Decree by Law Concerning Domestic Workers, 2022)
What are the key deadlines and time limits?
The key deadlines and time limits specified in the law include:
- Recruitment agencies must conduct medical examinations for workers within 30 days prior to their entry into the UAE. (Federal Decree by Law Concerning Domestic Workers, 2022, Art. 5)
- The employment agreement term is a limited period of 2 years, which may be renewed for the same period. (Federal Decree by Law Concerning Domestic Workers, 2022, Art. 7)
- The employer may appoint the worker under a probation period not exceeding 6 months. (Federal Decree by Law Concerning Domestic Workers, 2022, Art. 8)
How does this law interact with other UAE legislation?
This Decree-Law is related to and must be read in conjunction with the following UAE federal laws and decrees:
- Federal Law No. (1) of 1972 regarding the competencies of ministries and the powers of ministers
- Federal Law No. (35) of 1992 promulgating the Code of Criminal Procedure
- Federal Law No. (10) of 2017 on domestic workers
- Federal Decree-Law No. (29) of 2021 regarding the entry and residence of foreigners
- Federal Decree-Law No. (31) of 2021 promulgating the Crimes and Penalties Law
- Federal Decree-Law No. (33) of 2021 regulating labour relations
- (Federal Decree by Law Concerning Domestic Workers, 2022, Preamble)
- This Federal Decree-Law Concerning Domestic Workers was issued on 05 September 2022 and came into effect on 15 December 2022, as per the dates specified in the legislation. (Federal Decree by Law Concerning Domestic Workers, 2022, Issued Date, Effective Date)
- This article analyses Federal Decree by Law Concerning 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.