Detailed Information on Domestic Workers Law in UAE 2024
Explore the rights and Laws afforded to employee workers, including domestic helpers such as maids, nannies and labourers under the Domestic Labour Law of UAE. This comprehensive legislation outlines the Framework for fair employment practices, covering working hours, wages, and living conditions. It ensures a harmonious relationship between employers and domestic workers, emphasizing respect, dignity, and adherence to ethical standards. Stay informed about the nuances of the Domestic Labour Law to foster a positive and legally compliant environment for employers and domestic workers in the UAE.
The new UAE domestic labour law is valid for,
- Housemaid, house horse groomer, housekeeper, gardener, domestic farmer, or Nanny in UAE.
- Private cook, chef, teacher, caretaker, domestic labourer, private sports coach, or private Nurse.
- Chauffeur, sailor, security guard and so on.
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What 19 categories are listed as domestic staff?
The specific categories of domestic staff in the UAE may vary, and it's essential to refer to the latest regulations or official documents for the most accurate information. However, the term domestic staff typically encompasses various roles within a household. Here are 19 categories that may be considered as part of domestic staff:
- Housemaid/Maid:- Responsible for general household chores, cleaning, and organizing.
- Nanny/Babysitter:- Provides childcare and supervises the well-being of children in the household.
- Cook/Chef:- Prepares meals and manages the kitchen.
- Driver:- Responsible for driving family members and running errands.
- Gardener/Landscaper:- Maintains the outdoor spaces, gardens, and landscaping.
- Housekeeper:- Manages overall household cleanliness and organization.
- Personal Assistant:- Assists with administrative tasks, scheduling, and organization.
- Butler:- Manages and oversees various aspects of household operations.
- Private Nurse:- Provides medical care and assistance to family members.
- Elderly Caregiver:- Offers support and assistance to elderly family members.
- Chauffeur:- Drives family members, especially for events or appointments.
- Laundry Attendant:- Handles laundry duties, including washing and ironing clothes.
- Private Tutor:- Provides educational support and tutoring for family members.
- Security Guard:- Ensures the security and safety of the household.
- Pet Caretaker:- Takes care of pets, including feeding and grooming.
- Maintenance Worker:- Handles general maintenance and repairs in the household.
- Personal Trainer:- Assists with fitness and exercise routines.
- Driver:- Drives family members and assists with transportation needs.
- Technician/IT Support:- Manages household technology and provides IT support.
Rights and Responsibilities for Domestic Workers In UAE, 2024
The UAE domestic labour law protects domestic workers in their workplace from employee's bad behaviour. It gives domestic workers rights and responsibilities. According to the UAE domestic labour law, the prominent central rights and responsibilities are:-
- Entry Permit for Helper:- Employers are responsible for obtaining the necessary entry permit for domestic helpers, ensuring compliance with immigration regulations.
- Average Salaries and Benefits: Domestic workers have the right to receive fair and average salaries and benefits, per labour law and contractual agreements.
- Working Hours and Rest:- Establish precise working hours, rest periods, and days off to ensure domestic workers' well-being and fair treatment.
- Accommodation and Living Conditions:- Provide suitable accommodation and living conditions, meeting acceptable standards for health and safety.
- Respect for Dignity and Rights:- Both employers and domestic workers have rights to be treated with respect, dignity, and fairness, fostering a positive working relationship.
- Healthcare and Insurance:- Employers are responsible for providing healthcare and insurance coverage for domestic workers, ensuring their well-being.
- Contractual Responsibilities:- Clearly outline contractual responsibilities, including job duties, compensation, and terms of employment. Both parties are obligated to the terms agreed upon.
- Leave and Vacation: Domestic workers are entitled to annual leave and vacation, allowing for rest and breaks to maintain a healthy work-life balance.
- Education and Training:- Encourage and support opportunities for education and Training, enabling domestic workers to enhance their skills and personal development.
- Handling Contractual Breaches:- If a domestic worker breaches the contract, employers should follow legal procedures, adhering to the appropriate channels to address and resolve the issue.
- Protection from Abuse and Harassment:- Domestic workers have the right to be protected from any form of abuse or harassment, and employers must ensure a safe and respectful environment.
- Access to Communication:- Allow domestic workers access to communication channels, such as phones or the internet, to stay connected with their families and maintain social ties.
Implementing this Law and regulations respectfully is crucial for fostering a positive and equitable working relationship between employers and domestic workers in the UAE.
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Gratuity For Domestic Workers
The gratuity for domestic workers in the UAE may differ from other sectors, such as corporate employment. In this context, gratuity is often referred to as an end-of-service benefit and is not necessarily governed by the same regulations as those for private-sector employees. However, some key points can be considered:
- End-of-Service Gratuity:- Domestic workers may be entitled to an end-of-service gratuity, a lump sum amount provided by the employer at the Termination of the employment contract.
- Calculation Method:- The gratuity amount is typically calculated based on the duration of service. There may be variations in the calculation method, and domestic workers in the UAE should use a gratuity calculator to estimate the entitled amount accurately.
- Eligibility Criteria:- Domestic workers are usually eligible for gratuity after completing a minimum period of continuous service with the employer.
- Termination Scenarios:- In contract termination or resignation cases, the Worker may be entitled to gratuity. However, specific conditions and circumstances may influence eligibility.
- Providing Documentation:- Employers are generally responsible for providing the necessary Documentation and ensuring a transparent process for calculating and paying the gratuity.
- Gratuity for Worker:- The gratuity is a form of recognition for the Worker's service and loyalty. It serves as a financial benefit to support the Worker during the transitional period after the end of employment.
- Legal Framework:- The legal Framework surrounding gratuity for domestic workers may be subject to updates and changes. It's essential to stay informed about any amendments to labour laws or regulations that may impact gratuity entitlements.
- Communication and Agreement:- Clear communication between employers and domestic workers regarding gratuity entitlements, calculation methods, and any specific conditions should be established in the employment agreement.
For accurate and detailed information regarding gratuity for domestic workers in the UAE, it is recommended to refer to the latest regulations provided by relevant government authorities or seek guidance from legal professionals who specialize in helpers Law in the UAE. Utilizing a gratuity calculator designed for domestic workers can also help estimate entitlements based on the terms and conditions of the employment contract.
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Hiring Process In The UAE
The hiring process for domestic workers in the UAE involves several key steps, each governed by specific regulations to ensure a fair and lawful employment relationship.
- Recruitment and Offer:- Employers in the UAE initiate the hiring process by offering a position to domestic helpers. This Offer should clearly outline job responsibilities, working conditions, and compensation. In previous days, private agencies recruit domestic workers, but now, with new rules, MOHRE(Hiring Agency) recruit domestic employees for the UAE.
- Contract Drafting:- A comprehensive employment contract is drafted detailing terms of employment, salary, working hours, and benefits. Special attention is given to Contract Verification requirements for domestic workers to ensure compliance with regulations.
- Contract Verification:- The contract is submitted for verification to relevant authorities, ensuring it adheres to legal standards. This step helps safeguard the rights of both employers and domestic workers.
- Obligations of Domestic Workers:- Domestic helpers in the UAE are obligated to fulfil the terms of the employment contract, including performing assigned duties, respecting working hours, and maintaining a professional relationship with the employer's family.
- Entry Permit and Residency Visa:- Employers are responsible for obtaining an entry permit for the helper and a residency visa for the domestic Worker, facilitating legal residence during employment.
- Medical Examination:- As part of the hiring process, domestic workers may undergo a medical examination to ensure their fitness.
- Electronic Salary Transfer System:- Employers must use the electronic salary transfer system to ensure timely and transparent payments to domestic workers. This system facilitates secure and traceable financial transactions.
- Orientation and Training:- Upon arrival, domestic workers may undergo on orientation and Training to familiarize themselves with household procedures and expectations.
- Accommodation and Living Conditions:- Employers must provide suitable accommodation and living conditions, meeting health and safety standards.
- Periodic Salary Payments:- Salaries are transferred electronically per the agreed-upon schedule, maintaining transparency and compliance with labour laws.
- Contractual Breaches:- If a domestic worker breaches the contract, employers must follow legal procedures and adhere to contractual obligations to address and resolve the issue.
- Termination or Renewal:- At the end of the contract term, employers may choose to renew the contract or follow the appropriate procedures for Termination.
OBLIGATION OF DOMESTIC WORKERS IN UAE
In the United Arab Emirates (UAE), domestic workers are subject to certain obligations and entitlements regulated by the New Law governing their work. One significant aspect is the provision for Domestic Workers' Annual Leave, ensuring they receive adequate time off for rest and rejuvenation. According to the New Law Regulating Work of Foreign Domestic Workers, these employees are entitled to annual leave after completing a specified duration of service, allowing them to unwind and spends quality time with family or engage in personal activities. This provision aligns with international labour standards and emphasizes the UAE's commitment to safeguarding the well-being and rights of domestic workers within its borders. Employers must adhere to these regulations, fostering a more equitable and humane work environment for domestic workers in the UAE.
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Conclusion
In conclusion, the domestic workers' Law in the UAE reflects a progressive and considerate approach towards the rights and well-being of individuals in this vital sector. With the enactment of the New Law Regulating the Work of Foreign Domestic Workers, the UAE has established a framework that addresses domestic workers' specific needs and rights and aligns with international labour standards. Including provisions such as Domestic Workers' Annual Leave exemplifies the commitment to creating a fair and humane work environment. This legal Framework benefits domestic workers and enhances labour practices, promoting a harmonious and respectful relationship between employers and domestic workers in the UAE. The continuous evolution of such laws underscores the nation's dedication to fostering a progressive and equitable society.