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Federal Decree-Law No.9 Of 2022 Concerning Domestic Workers

Type: United Arab Emirates

category : Labour And Immigration

Issued On: 2022-09-05
Type: Federal Law

Article 1 Definitions

For the purposes of implementing the provisions of this Decree-law, the following terms and expressions shall have the meanings opposite thereto unless the context requires otherwise:

State : United Arab Emirates

 

Ministry : Ministry of Human Resources and Emiratisation

 

 

Minister : Minister of Human Resources and Emiratisation

 

Domestic Service : Services performed by a worker to an employer

or his/ her family in the employer’s residence in accordance with the provisions of this law.

 

Domestic Worker : A natural person who performs a household

service for a wage under the direction, supervision, and guidance of his / her employer

 

Employer : Any individual or recruitment agency that hires a

worker for domestic duties.

 

Family/ the Employer's Family

: Any individual bound by kinship or marriage to the employer or receiving financial support from the employer in accordance with applicable laws.

 

Workplace : Permanent or temporary residence of the

employer/beneficiary or his/her family, including residential properties , farmland or similar facilities

 

Recruitment Agency : A company authorized to act as an intermediary )

whether through a physical location or a digital channel) to recruit workers upon the employer's request, or to assign temporary employees to jobs in accordance with the provisions of this decree law.

 

Direct recruitment of a Named Domestic Worker

 

 

Temporary Employment

: A domestic worker may be recruited by the domestic worker recruitment office from outside the list of domestic workers registered with the office based upon the employer's request and demand.

 

: In this system, an agency hires a worker for the purpose of assigning the worker to a third party

 

 

 

 

 

 

Recruitment of Domestic Workers through Mediation

(the beneficiary), in accordance with the requirements of this law, to perform a particular category of tasks under the beneficiary’s supervision and direction.

 

: A service provided by the recruitment agency in which domestic workers are recruited to be registered under the employer's file without the agency becoming a party.

 

Beneficiary : Any natural person who employs a domestic

worker to perform certain tasks under his/her supervision and direction pursuant to a temporary employment terms and conditions. It may be for a specific period of time or for the purpose of performing a specific task or service.

 

Employment Contract

: Any Contract between an employer and a domestic worker governing the rights and obligations of both parties in accordance with the unified standard contract adopted by the Ministry.

 

Probation Period : A trial period required by the employer for a

newly hired domestic worker, which allows the employer to evaluate the worker’s performance, conversely, allow the domestic worker to be familiar with his/her responsibilities and the work environment, and accordingly, the employment contract may be continued or terminated in accordance with this Decree-Law, its Implementing Regulation, and the decisions issued in implementation thereof.

 

Basic Remuneration : The basic salary specified in the employment

contract, without additional bonuses, allowances, or any other benefits.

 

 

 

 

Total Remuneration : Basic wage plus all allowances, bonuses in

addition to any other benefits stipulated in the domestic worker's employment contract –if any.

 

Article 2 Objectives of the Decree-Law

The following objectives are intended to be achieved by this Decree-Law:

  1. Establishing a framework for employment relationships with domestic workers in the state, outlining the responsibilities of the parties, in a manner that ensures an equitable balance between the rights of both parties.

  2. Maintaining a safe and healthy working environment for domestic workers in compliance with local laws and international agreements.

 

 

Article 3 Scope of Application

  1. The provisions of this Decree-law shall apply to the recruitment and employment of domestic workers whose occupations are listed in its Implementing Regulation.

 

  1. The Minister may amend the occupations stipulated in Clause (1) of this Article in order to meet market demand for domestic workers.

 

  1. In the event that the domestic worker travels abroad with his / her employer or family members, it is mandatory for all parties to the employment contract to abide by the terms of the employment contract unless otherwise provided by the laws of the foreign country of destination.

 

Article 4

 

 

Licensing of Domestic Workers Recruitment Agencies

  1. Domestic workers may not be hired or temporarily employed without a license from the Ministry, in accordance with the provisions of the Implementing Regulation of this Decree-Law and the decisions of the Ministry relating thereto.

  2. Domestic workers may only be recruited or employed in accordance with the requirements, regulations, and procedures stipulated in this Decree- Law, its implementing its Implementing Regulation and the decisions of the Ministry relating thereto, as well as any other relevant legislation in force in the UAE, subject to compliance with any licensing requirements for each occupation, where applicable.

  3. Recruiting or hiring a domestic worker under the age of 18 is prohibited.

  4. The following acts must not be committed by employers and recruiters of domestic workers, whether they are hired on a temporary basis or retained on a permanent basis:

    1. Discrimination against domestic workers on the basis of race, color, gender, religious belief, nationality, ethnic origin, or disability, which would hinder equal opportunities or prejudice adequate employment opportunities and rights.

    2. Any form of sexual harassment perpetrated against a domestic worker, whether it is verbal or physical in nature.

    3. Forced labor or any practice that constitutes human trafficking according to local laws and state-ratified agreements.

  5. The Ministry prohibits the employment of domestic workers for any tasks that are not covered by this decree-law without obtaining a prior approval.

  6. The Minister shall issue a decree regulating recruitment agencies setting forth the conditions that should be satisfied by employers in order to be able to recruit and employ domestic workers governed by the provisions of this decree-law, as well as the rules, procedures, statements and forms that must be used by these recruitment agencies.

 

 

 

 

 

Article 5 Recruitment Agencies' Obligations

The following principles are to be observed by recruitment agencies:

  1. Avoid recruiting a domestic worker from his/her country of origin without first providing him/her with information regarding the type, nature, and wages of the work required. Furthermore, it is necessary to proof that the domestic worker is physically, psychologically, and professionally fit, taking into consideration the nature of each profession, in addition to other conditions specified in the Implementing Regulation of this decree-law and the decisions of the Ministry relating thereto.

 

  1. It is prohibited for the Agency to demand or accept, directly or indirectly, any commission for securing the job from any domestic worker or to charge them any expenses.

 

 

  1. Required medical examinations for the domestic worker must be conducted within a period of 30 days prior to the domestic worker's arrival in the UAE.

 

  1. Provide education and exposure to the customs and traditions of UAE society to the domestic worker.

 

 

  1. The Agency should provide a decent equipped temporary accommodation for domestic workers (whether they are registered under the office or mediated by the office for that purpose, for the period before moving to their workplace or those who are returned to the office for any reason), in accordance with the rules and regulations pertaining to labor accommodations in the state and any other requirements set by the Ministry.

 

  1. Being courteous to the domestic worker and treat him/her with respect and avoid exposing him/her to violence.

 

 

 

 

  1. Make certain that domestic workers are aware of their rights and direct them to the proper channels in the event that their rights or freedom are violated.

 

 

  1. Provide the employer with a booklet of wage receipts or any other documentation that proves the payment of wages to the domestic worker to ensure that the latter receives his/her wages in accordance with the process and channels specified by the Ministry.

 

  1. Assume the cost of repatriating the domestic worker, and provide the employer with a suitable replacement without incurring any additional expenses, or reimburse the employer for all payments made, in accordance with the decisions issued by the Ministry.

 

 

  1. Additional obligations of Recruitment Agencies towards domestic workers, employers, the Ministry, and recruitment agencies outside the country, as outlined by the Implementing Regulation of this Decree-Law and the decisions of the Ministry relating thereto.

 

Article (6)

Domestic Worker's Employment Contract

  1. Recruitment agencies and employers shall enter into a Contract, in accordance with the unified standard contract mandated by the Ministry, defining their respective responsibilities relating to the recruitment of domestic workers, in particular, this contract shall include the following:

 

  1. Recruiting domestic workers based on the employer's requirements

  2. Employers must comply with domestic workers rights and privileges, particularly those related to the type of work and total wages.

 

  1. Amounts incurred by the employer in connection with the domestic worker's travel from their home country to the UAE and the

 

 

compensation for the services rendered by the recruitment office. The Minister may, after the approval of the UAE Cabinet, establish the controls and fees structure for recruitment services.

 

  1. Time required for the completion of the recruitment process.

 

  1. In the event that the recruitment agency fails to comply with the provisions contained in clause (1) herein, the recruited domestic worker may be refused employment by the employer. In this case, the provisions outlined in the Implementing Regulation and any relevant decisions issued by the Ministry regarding the provision of an alternative domestic worker or reimbursement of recruitment fees to the employer will apply. This is without prejudice to the employer's right to seek compensation from the recruitment office for any damages incurred as a result of the breach of contract.

 

Article 7 Employment Contract

  1. Employers are required to enter into an employment contract with domestic workers in accordance with the unified standard contract mandated by the Ministry of Labor, and a copy of the contract must be given to the worker.

 

  1. The employment contract shall clearly indicate the names of both parties, the date of the contract, date of joining, nature and place of work, duration of the contract, total amount of remuneration, payment method, authorized leave, probation period, rest periods, as well as any instances that may result in the termination of the contract, as outlined in the Ministry's standard contract unified standard.

  2. The duration of a limited employment contract is two years and may be renewed for a similar period. A contract may be extended under the same conditions if both parties continue to apply the contract after the expiration of its initial term it should be understood that the original contract has been extended, under the same conditions including the duration of the contract. Upon mutual agreement of the parties to the

 

 

employment contract, the contract may be terminated prior to its expiration date.

 

Article 8 Probation Period

The employer may appoint a domestic worker on a probationary basis for a period of not more than (6) six months from the date of employment.

 

Article 9

Working Hours and Weekly Holiday

  1. Domestic workers are entitled to a paid weekly rest day under the Implementing Regulation of this Decree-Law. If the domestic worker is required to work during his rest day, she/ he shall be granted alternate one day off for rest or be compensated cash in lieu for this rest day.

  2. Domestic workers are entitled to rest of at least twelve hours (12) per day, of which at least eight (8) hours are consecutive working hours, in accordance with the executive decisions issued by the Ministry.

 

Article 10 Leaves

  1. The domestic worker is entitled to an annual leave of not less than 30 days for each year of service which shall be paid in full before his/her departure on annual leave. For periods exceeding six months but less than one year of service, the domestic worker shall be entitled to two days per month. Depending on the circumstances, the employer may determine the date on which annual leaves are to commence, and he may choose to divide the leave into two parts if necessary.

 

  1. The employer should pay the domestic worker's wage in addition to cash in lieu of leave for the days during which he/she worked if the exigencies of his/her work necessitate the domestic worker to work during his/her annual leave in whole or in part, and the period of leave during which

 

 

he/she has worked has not been carried forward to the next year. However, it is prohibited for a domestic worker to work during his/her annual leave more than once during two consecutive years.

 

  1. A domestic worker's annual leave includes holidays prescribed by law that occur during the period of his/her annual leave.

 

  1. In the event that a domestic worker wishes to spend his/her annual leave in his/her home country, the employer must incur the cost of the return ticket once every two years. In the event that both parties agree to terminate the contract following the domestic worker annual leave, the employer will bear the cost of the return ticket only.

 

  1. Upon expiration or termination of the domestic worker's employment contract, he / she will be entitled to receive cash in lieu of the unused annual leave days. The cash in lieu of leave is calculated on the basis of the last remuneration received by the worker.

 

  1. Domestic workers are entitled to a sick leave of 30 days for each year of service either continuous or intermittent, which may be availed whenever a medical report issued by an approved health authority demonstrates that the worker is in need of such leave, calculated in the following manner:

 

    1. The first fifteen days are paid in full.

    2. The next thirty days at half pay.

 

  1. If the domestic worker's behavior contributed to the illness, no payment will be made during sick leave.

 

Article 11 Obligations of the Employer

Employers are required to follow the obligations outlined in employment contracts in addition to the following:

 

 

  1. Provide all the facilities needed for the domestic worker to perform his/ her duties effectively.

 

  1. Prepare an appropriate accommodation for the domestic worker.

 

  1. Provide the domestic worker with meals and clothing necessary for the performance of their duties, provided that the worker is employed on a full-time basis and not on temporary basis unless agreed otherwise.

 

  1. Timely payment of remuneration to domestic workers in accordance with the employment contract, this Decree-Law and the Ministry's decisions.

 

  1. Incur the costs of the domestic worker's medical care in accordance with the health system in effect in the state, or, alternatively, provide the domestic worker with appropriate health insurance in accordance with the laws and regulations governing the state's health system.

 

  1. Be respectful of the domestic worker, treat him/her with courtesy, and maintain his/her dignity and safety.

 

  1. In no case may the domestic worker be employed by any other person except in accordance with the Implementing Regulation of this Decree- Law and the decisions issued by the Ministry.

  2. Refrain from hiring any domestic worker unless he/she has a valid license to work, as outlined in this Decree-Law and in the decisions issued by the Ministry.

  3. Providing the prescribed compensation for work injuries and occupational diseases as provided for in Decree-Law No. 33 of 2021 regarding the regulation of labor relations referred to, and decisions issued in implementation thereof. Employers may not be relieved of this obligation unless the insurance company pays the compensation outlined herein.

 

  1. The domestic worker may not be assigned a duty that is different from the nature of his/her work, except with his/her explicit consent,

 

 

provided that the occupation is listed in the Implementing Regulation of this Decree-Law.

 

  1. The domestic worker should be allowed to retain all official documents.

 

  1. In the event of the death of a domestic worker during service, his/her heirs will be entitled to the wages for the month in which he/she died, in addition to any other entitlements due this worker.

 

  1. Employers may not charge domestic workers any costs or charges whatsoever, whether directly or indirectly, unless otherwise specified in this Decree-Law and its Implementing Regulation, in decisions issued by the Ministry, or in the contract form approved by the Ministry.

 

  1. Any violation of the applicable legislation by a domestic worker should be reported to the Ministry, and the employer must abide by any decision made by the Ministry.

 

  1. The employer shall incur the costs associated with repatriating the domestic worker to his / her country of origin in accordance with the provisions of this Decree-Law and its Implementing Regulation.

 

  1. In addition to other obligations prescribed by this Decree-Law, its Implementing Regulation and decisions made by the Ministry.

 

Article 12

Obligations of the Domestic Worker

 

Domestic workers are required to follow the obligations outlined in employment contracts in addition to the following:

  1. The domestic worker must perform his/her duties under the supervision of the Employer and in compliance with the provisions of the

 

 

Employment Contract, maintain a high standard of care and diligence while performing his/her duties, and refrain from absenteeism without valid reason.

 

  1. Observe and adhere to the customs and traditions of society.

 

 

  1. The domestic worker shall comply with the employer's instructions regarding the completion of the agreed work, unless these instructions violate the employment contract, the law, public order, public morals, or expose him/her to danger or legal repercussions.

 

  1. Provide care and maintenance for the items in his/her possession or at his/her disposal by following the necessary safekeeping procedures.

 

 

  1. A domestic worker must respect the privacy of the workplace and shall not divulge any information or secrets that may have come to his / her knowledge during the course of the employment.

 

  1. Work tools/items must not be taken outside the workplace except with the permission of the employer, and should be kept in their designated locations at all times.

 

 

  1. Provide necessary aid and assistance in the event of disasters and hazards that threaten the workplace and its occupants.

  2. In addition to other obligations prescribed by this Decree-Law, its Implementing Regulation and decisions made by the Ministry.

 

Article 13 Occupational Health and Safety

Both the employer and the domestic worker shall adhere to the approved occupational health and safety requirements and preventative health

 

 

measures, in accordance with the Implementing Regulation of this Decree-Law, in addition to any other applicable state laws.

 

Article 14 Temporary Employment

  1. The domestic workers recruitment office functions as the employer for temporary employment without affecting the obligations of the domestic worker to the person who benefits from the service or his family. Temporary employment terms are governed by the Implementing Regulation of this Decree-Law.

 

  1. Workers employed under temporary employment for beneficiaries will be subject to the provisions of this Decree-Law, which regulates the relationship between the workers and beneficiaries.

 

Article 15 Remuneration

  1. Monthly salaries are to be paid in UAE dirhams within a period not exceeding 10 days from its maturity date. The Ministry may establish the method it deems most appropriate in order to ensure the timely payment of wages.

 

  1. Domestic workers are entitled to their wages as soon as they enter the state or change their status, and the payment of the wage must be confirmed by a written receipt, or any other means determined by the Ministry.

 

Article 16 Deductions

  1. Deductions of not more than a quarter of the domestic worker's pay shall be made for debts payable in execution of a court judgment.

 

 

  1. If the domestic worker caused any loss, damage or destruction to any tools, machines, equipment or products owned by the employer, kept in the custody of the worker or under his/her disposal, then the employer has the option to deduct from the worker's pay the amount required for rectifying error or restoring the item to its original condition, this arrangement is subject to the consent of the domestic worker or approval of the Ministry if the worker declines. In such a case, the deduction cannot exceed one quarter of the domestic worker's salary.

 

 

Article 17 Suspension of Remuneration

  1. In the event that a domestic worker is imprisoned in provisional detention, his/her wages will be suspended for the duration of his confinement.

 

  1. In the event that a criminal case is filed in response to the notification from the employer against the domestic worker, if the court issues a judgment releasing the worker from standing a trial or acquits him/her, his/her remuneration for the suspension period must be paid in full, however, if the domestic worker is indicted, such pay will be forfeited.

 

  1. In the event that a criminal case is filed in response to the notification from a third party, and if a domestic worker is found guilty, his/her suspended wages will be forfeited, however, if the investigation is terminated, or if the worker is acquitted, the complainant shall be required to pay the worker his/her suspended wages, unless the domestic worker agrees with complainant otherwise.

 

Article 18

Job Abandonment

 

 

  1. A domestic worker may leave work in specified circumstances under the Implementing Regulation of this Decree-Law and in accordance with the decisions issued by the Ministry.

  2. Employers must notify the Ministry within five days if a domestic worker abandons work.

  3. A domestic worker must inform the Ministry within two days of leaving work without the employer's knowledge.

 

Article 19

Non-Default Termination

Following are the circumstances in which the employment contract terminates:

  1. Expiry of the period specified in the employment contract unless the contract is extended in accordance with the provisions of this Decree- Law and its Implementing Regulation.

 

  1. Death or total disability of the domestic worker as determined by a medical report approved by the competent State Medical Authority. Employers are responsible for the costs of repatriating a deceased or ill worker to their homeland.

 

  1. Death of the employer, however, the contract may remain valid until its expiration date provided that an agreement exists between the family and the domestic worker.

 

  1. Conviction or imprisonment of the domestic worker on a felony or misdemeanor charges.

 

  1. Mutual consent of both parties to terminate the contract.

 

  1. If the domestic worker exhausts all his / her sick leave or if the domestic worker is medically un-fit to work.

 

 

  1. In the course of a year, if the domestic worker is absent more than (10) ten consecutive days or (15) fifteen intermittent days without a valid reason.

 

  1. A breach of the contractual obligations by either party to the contract may lead to the application of the provisions of Article 20 of this Decree- Law.

 

  1. Upon the expiration of the employment contract, the employer shall pay the domestic worker's compensation within (10) ten days from the contract expiry date, depending on the circumstances and as specified in the Implementing Regulation.

 

Article 20

Termination of the Employment Contract

  1. A contract may be unilaterally terminated by either party if the other party fails to fulfill its obligations outlined in Articles 11 and 12 herein.

 

  1. If the termination of the employment contract was made for reasons not attributed to the domestic worker, the employer will be liable to pay the worker's due compensation in addition to the expenses for repatriating the worker to his/her home country.

 

  1. If the domestic worker opts to terminate the employment contract after the probation period for reasons attributed to him/her, there will be specific obligations under the following circumstances:

 

 

    1. If a domestic worker is recruited by name / direct recruitment: The worker will be liable to bear the costs of his/her repatriation to his/her home country and to any amounts due to the employer acknowledged by the domestic worker. It is the employer's responsibility to compensate domestic workers who are unable to cover the cost of their repatriation.

 

 

    1. Domestic workers recruited through recruitment agencies are subject to the provisions of Article 5 of this Decree-Law.

 

Article 21 Transfer to a New Employer

  1. Domestic workers are permitted to transfer to new employers provided that all contractual requirements are met, while observing the rights of the original employer, and in accordance with the conditions and procedures prescribed by a Ministerial decision.

 

  1. If the domestic worker joins another employer, the original employer will not be liable to pay the costs of repatriating the domestic worker to his/her home country, in accordance with Decree-Law, its Implementing Regulation and decisions issued by the Ministry.

 

 

Article 22

End of Service Gratuity

On the Minister's recommendation, the UAE Cabinet shall adopt the rules and regulations for calculation and payment of end of service gratuity for domestic workers.

 

Article 23

Resolving Disputes and Complaints

  1. In the event that a dispute arises between the employer and the domestic worker, and both parties fail to reach an amicable agreement, the dispute must be referred to the Ministry, which has the authority to take the following actions:

 

    1. The Ministry shall take all measures necessary to resolve the dispute amicably. This will be done in accordance with the procedures stipulated in this Decree-Law and decisions issued by the Ministry.

 

 

 

 

    1. The dispute shall be referred to the competent court if attempts to reach an amicable settlement within the time limit prescribed in the implementing regulation of this Decree-Law do not succeed. This should be accompanied by a memorandum which summarizes the dispute, the parties' arguments, as well as the Ministry's recommendations.

 

  1. As part of its responsibility to examine and study complaints received from employers and domestic workers recruitment agencies, the Ministry may take the following measures:

 

  1. Take all measures necessary to resolve the dispute amicably. This will be done in accordance with the procedures stipulated in this Decree-Law and decisions issued by the Ministry.

 

  1. In the event that an amicable settlement cannot be reached within two weeks of receiving the complaint, the dispute will be referred to the competent court.

 

  1. The provisions of Clause (1) of this Decree-Law and its Implementing Regulation govern disputes arising between domestic workers and domestic workers recruitment agencies.

 

  1. Litigation between the parties to a contract before the competent court will not be considered unless the procedures stipulated in this Decree- Law and its Implementing Regulation is followed.

 

  1. Following the examination of the aforementioned disputes and complaints contained herein, if the Ministry identifies any violations of this Decree-Law or its Implementing Regulation , it will take the necessary steps to control and enforce the penalties stipulated in this Decree-Law and its Implementing Regulation in accordance with the procedures established by a Ministerial decision.

 

 

  1. As a matter of principle, without prejudice to the provisions of this Article, the Ministry has the right, during the consideration of a dispute or complaint in accordance with the procedures it sets forth, obligate the Domestic Workers Agency to pay any obligations incurred under the provisions of this Decree-Law, its Implementing Regulation , or the Contract, in relation to a domestic worker, employer, or beneficiary as the case may be.

 

Article 24 Inspection

  1. Employees of the Ministry, appointed by the Minister of Justice in agreement with the Minister, for the purposes of proving violations of this Decree-Law, its Implementing Regulation, and the decisions issued in implementation thereto, enjoy the prerogatives of judicial officers. Ministry Inspectors shall have the following powers:

 

    1. Monitor the proper implementation of this Decree-Law, its implementing regulations, and the decisions issued in implementation thereto.

    2. Report violations of this Decree-Law, its implementing regulations, and the decisions issued in implementation thereto.

    3. Inspection of domestic workers recruitment agencies.

    4. Inspection of domestic workers' places of work and residence, including accommodations provided by the recruitment agency for domestic workers.

  1. Inspectors may not enter the employer's family residence without the consent of its owner, or with the permission of the Public Prosecutor in the following two circumstances:

    1. A complaint is submitted by the employer or the domestic worker

    2. Existence of reasonable evidence of violation of the provisions of the Decree-Law, its implementing regulations, and the decisions issued in implementation thereto.

  2. In accordance with Clause (2) of this Article, the places of residence and work of domestic workers are excluded, including farms, manors and similar places which are not considered a residence of the employer and his family.

 

 

 

 

Article 25

Violations and Administrative Penalties

  1. The Executive Regulation of this Decree-Law sets forth the administrative penalties applicable to violation of the provisions of this Decree-Law, its Implementing Regulation, and the decisions issued in implementation thereto.

 

  1. This Decree-Law specifies the cases where some administrative measures may be taken on the file of an employer, a domestic worker, or a recruitment agency, requiring those parties to comply with the provisions of this Decree-Law, as outlined in the Implementing Regulation and the Ministry's decisions.

 

Article 26 Legal Proceedings

  1. The state courts have jurisdiction over disputes and litigation filed under this Decree-Law, its implementing regulations, and the decisions issued in implementation thereto.

 

  1. 2

    A lawsuit concerning any of the entitlements referred to under the provisions of this Decree-Law shall not be heard after the lapse of three months from the date of termination of the employment relationship.

     

 

  1. Actions and applications filed by domestic workers shall be exempted from judicial fees throughout the entire litigation process. Such actions will be expedited.

 

Article 17 Penalties

  1. Penalties imposed under this Decree-Law shall not preclude the imposition of harsher penalties under any other law.

 

 

  1. Those who commit the following acts are subject to imprisonment for up to (6) six months, a fine of at least 20,000 dirhams (Twenty Thousand Dirhams) and up to 100,000 dirhams (One Hundred Thousand Dirhams), or one of these penalties:

 

 

    1. The submission of false information or documents with the intention of recruiting a domestic worker to work in the state.

 

    1. The act of obstructing or preventing a judicial officer from implementing this Decree-Law, it’s Implementing Regulation, and the decisions issued in implementation thereto, or attempting to prevent such officer from performing his duties, whether through force, violence, or threats of inflicting harm or violence.

 

    1. Disclosure of any secrets of the organization where he is employed (confidential information) he had access to while serving in the capacity of a public officer responsible for implementing the provisions of this Decree-Law, it’s Implementing Regulation , and the decisions issued in implementation thereto, even if such disclosure occurs after the individual leaves the organization.

 

  1. A fine of at least AED 50,000 (Fifty Thousand Dirhams) and up to AED 200,000 (Two Hundred Thousand Dirhams) shall be imposed on those who commit the following:

 

    1. Provides employment to a domestic worker without obtaining a work permit for the latter.

 

    1. Employs or recruits a domestic worker and fails to provide him/her with employment.

 

    1. Make use of work permits for domestic workers for purposes other than those for which they were issued.

 

 

    1. Closure or cessation of the recruitment agency operations without following the necessary procedures for the settlement of domestic workers' dues in violation of the provisions of this Decree-Law, its Implementing Regulation, and the decisions issued in implementation thereto.

 

    1. Recruits or employs a juvenile under the age of (18) eighteen years, in violation of this Decree-Law.

 

    1. Assisting a domestic worker to abandon employment or providing them with shelter or housing in order to exploit or employ them in an illegal manner.

 

  1. Those who commit the following acts are subject to imprisonment for up to (1) one year, a fine of at least 200,000 dirhams (Two Hundred Thousand Dirhams) and up to 1,000,000 dirhams (One Million Dirhams), or one of the two penalties:

 

    1. Engaged in any form of mediation or temporary employment of domestic workers without obtaining a license pursuant to the provisions of this Decree-Law, it’s Implementing Regulation, and the decisions issued in implementation thereto.

 

    1. Those who misuse the authorization/login credentials granted to them to access the Ministry's systems, or allowing others to access such systems in a manner that disrupts labor relations or procedures.

 

  1. Domestic Workers Recruitment Agencies who violate this Decree-law, it’s Implementing Regulation , and the decisions issued in implementation thereto shall be subject to a fine of not less than (50,000) fifty thousand dirhams, and not more than (200,000) two hundred thousand dirhams.

 

  1. A fine of no less than AED 5,000 (Five Thousand Dirhams) and no more than AED 1,000,000 (One Million Dirhams) shall be imposed on those who violate any provisions of this Decree-Law, the Implementing Regulation and the Resolutions issued in implementation thereof.

 

 

 

 

  1. According to the provisions of this Decree-Law, its Implementing Regulation , or the decisions implementing them, the fines imposed shall be multiplied in respect of the number of workers involved in the violation, up to a maximum fine of 10,000,000 (Ten Million Dirhams).

 

  1. Before the lapse of (1) one year from being convicted of a similar violation, if the offender repeats any of the violations referred to in this Decree-Law, its Implementing Regulation, and the decisions issued in implementation thereto, the penalty will be doubled.

 

 

Article 28 Final Provisions

  1. The rights stipulated herein represent a minimum set of rights for domestic workers. It is understood that the provisions of this Decree-Law shall not preclude any of the rights that may be granted to domestic workers under any other law, agreement, declaration, regulation or Employment Contract, providing greater benefits to workers than the ones specified in this Decree-Law.

 

  1. Based on a proposal of the Minister, the UAE Cabinet may amend the periods specified in this Decree-Law in a manner that is consistent with the public interest to achieve a balance in the relationship between the concerned parties.

 

  1. The UAE Cabinet or its authorized representatives shall establish a minimum salary or monthly income for expatriates wishing to recruit or employ domestic workers, as well as set other controls on this regard.

 

  1. Provisions contrary to the provisions of this Decree-Law, even if it predates its effective date, it shall be declared null and void, unless it is more beneficial to the domestic worker.

 

 

  1. The Arabic Language is the language used in all records, registers, data, contracts, forms, agreements and other documents as may be provided for in this Decree-Law or in any orders or regulations issued in implementation of the provisions hereof. The Arabic text shall be accompanied by a foreign language understood by the non-Arabic- speaking domestic worker, provided that a consistency between the two languages is maintained. If a foreign language besides the Arabic language is used. The Arabic text shall prevail in the event of a discrepancy.

 

 

Article 29 Fee Structure

Upon the recommendation of the Minister and the presentation of the Minister of Finance, the UAE Cabinet shall determine the fee structure necessary for the implementation of this Decree-Law and its Implementing Regulation.

 

Article 30 Implementing Regulation

The UAE Cabinet shall issue the Implementing Regulation of this Decree-Law in accordance with the proposal of the Minister.

 

Article 31 Repeals

  1. This Decree-Law repeals Law No. (10) of 2017 concerning domestic workers, and any provision inconsistent with the provisions of this Decree-Law shall be repealed.

 

  1. Decisions, rules, regulations and legislations in force prior to the issuance of this Decree-Law shall remain in effect and shall not conflict with its provisions until substitute laws are promulgated in accordance with its provisions.

 

 

 

 

Article 32 Publication and Commencement

This Decree Law shall be published in the Official Gazette and shall take effect

(3) three months after the date of its publication.