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The new “Help Service Workers” law in the UAE.

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Staff Writer, TLR

Published on July 14, 2023, 17:41:00

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The Federal Decree-Law No. 9 of 2022 regarding domestic workers, will enter into force as of December 15th. The Ministry of Human Resources and Emiratization confirmed that the licensed recruitment agencies of domestic workers in the country are obligated to provide the employers with a guarantee of 2 years (24 months), if the domestic worker stops working, or refuses to work following the terms and conditions of employment. 

In detail, the ministry called on the licensed domestic labour recruitment offices in the country to enable the workers to view the job offers and obtain their approval by signing them, in addition to informing the workers of all the conditions that the employer requests, and informing him of his obligations towards the employer, stressing the right of the assistant worker to obtaining the wages mentioned in the work contract, starting from the date of his entry into the country, or from the date of amending his status, so that the payment of the monthly wage is within 10 days from the date of entitlement.

The employer may recover the full cost of recruitment or replacement of the assistant worker without paying any additional fees, if the professional incompetence of the assistant worker is proven, or the health assistant worker is proven to be unfit as determined by the competent authorities in the State, or the contract is terminated with the desire of the assistant worker, or because of the conditions agreed by the worker was not fulfilled, as well as if the assistant worker left the work in an unauthorized way.

It allows the employer to recover the full fees he paid to the recruitment office if the domestic worker has returned during the first 6 months. Which is known as the ‘trial period’, while giving him the right to recover part of the recruitment fees paid to the recruitment agency after 6 months have passed if the assistant worker does not want to work without a legitimate reason.

The Ministry confirmed the entitlement of the assistant worker to a weekly rest day to be agreed upon, preferably on fixed dates from the beginning of the contract, provided that the determination of the place of spending the weekly rest day is subject to the agreement between the two parties to the work, pointing out that it is also permissible to agree that the worker works during the rest day; provided that the employer grants him an alternative rest day, or a cash allowance equivalent to his comprehensive wage for that day, taking into account that the worker is not employed for more than 2 days of rest in two consecutive weeks unless otherwise agreed.

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