Domestic Workers Visa

Domestic Workers Visa

The UAE Domestic Labour Law sets up the principle of informed consent making sure that the workers are duly informed of the terms of the work contract,  the remuneration, nature of work, the workplace, and the period of rest as stipulated by the employers before they leave their countries.

In the UAE, domestic helpers include:

  • A housekeeper
  • A family chauffeur
  • A gardener
  • A cook
  • A private nurse
  • A private coach
  • A household farmer
  • A private PRO
  • A private agriculture engineer
  • A babysitter/nanny
  • A domestic labourer
  • A parking valet worker
  • A household horse groomer
  • A housemaid
  • A security guard/watchman
  • A household falcon care-taker and trainer
  • A private sailor
  • A private teacher
  • A household shepherd

Area of the domestic law

The UAE Domestic Labour Law controls four main aspects in the protection of domestic workers. The four aspects include:

Contracts

Rights and Privileges

Prohibitions

Recruitment agencies

Control of the contracts of domestic helpers

The agency doing the recruitment is required to present a copy of the job offer to the worker before the worker’s departure from his country of origin. The terms and conditions of the job offer will be governed by a standard contract accredited by the Ministry of Human Resources and Emiratisation (MoHRE). The employer or employee may decide to end the contract if the other party does not meet the stipulated obligations. The employer or employee may also decide to end the contract if the other party meets the stipulated obligations. This is referred to as a no-fault termination and is subject to compensation as stated in the Domestic Labour Law.

Rights and privileges of domestic workers

According to the Domestic Labour Law, domestic workers are entitled to:

  • A decent accommodation
  • 30 days medical leave per year
  • A round trip ticket home every 2 years
  • A day of paid rest per week
  • Payment of wages within 10 days from the day they are due as set out in the standard contract
  • 12 hours of rest per day including 8 hours consecutive rest
  • Decent meals at the employer’s expense
  • Possession of their worker identification papers such as passports, IDs, e.t.c.
  • Attire suitable for the job to be carried out at the employer’s expense
  • The employer or the employee can refer a dispute to the Ministry of Human Resources and Emiratisation. The Ministry will attempt to amicably resolve the issue within two weeks. In cases where the issue could not be resolved, the dispute will be transferred to a court.
  • Cases filed by employees are free from court fees at all stages of hearing and must be heard promptly

Legal Prohibitions

The draft Domestic law prohibits the following:

  • Discrimination against anyone on the basis of religion, political opinion, race, gender and colour
  • Offering a person below the age of 18 a job
  • Exposure to physical harm
  • Physical or verbal sexual harassment
  • Assigning tasks that were not stipulated in the contract
  • Forced trafficking or labour according to national laws and ratified international conventions

Regulation of recruitment agencies

In the United Arab Emirates, only UAE-registered natural or legal people with good standing are allowed to employ domestic workers. Acceptance or solicitation of any form of commission from domestic workers prior to or after their employment by agencies on their own or through a third party in exchange for employment is prohibited.

If the domestic worker’s job gets terminated untimely, the agency is mandated to offer repatriation to the worker at its expense and either provide the employer with a well-qualified substitute worker or return the fee that the employer paid.

In addition, the agency is mandated to treat the domestic worker decently at all times and protects the domestic worker from all forms of violence.