Can a Maid Switch Employers in the UAE? What Sponsors Need to Know About Domestic Worker Transfers Under the Latest Law

Under the UAE's domestic workers law, a maid or any other domestic worker sponsored by a family can legally transfer to another employer without leaving the country, provided certain conditions are met. The law seeks to balance the worker's right to seek new employment with the rights of the original sponsor, while laying down detailed rules on recruitment costs, government fees, visa procedures and contractual obligations.

The legal framework governing such transfers is contained in Federal Decree-Law No. 9 of 2022 on Domestic Workers and its Executive Regulations issued under Cabinet Resolution No. 106 of 2022.

A domestic worker has the right to move to a new employer once the obligations contained in the employment contract have been fulfilled. However, the transfer must be carried out in accordance with the procedures prescribed by the Ministry of Human Resources and Emiratisation (Mohre), ensuring that the interests of both the worker and the current employer are protected.

The law specifically provides that where a domestic worker transfers to another employer in accordance with the prescribed legal procedures, the original employer is not responsible for paying the worker's return air ticket to her home country. Since the worker is continuing employment within the UAE rather than ending her employment altogether, the obligation to arrange repatriation does not arise.

The legislation also addresses situations where a worker who was recruited specifically by name or designation wishes to change employers during the period of the first employment contract. In such cases, the new employer is required to compensate the original employer for part of the recruitment expenses that were paid to bring the domestic worker to the UAE. The amount payable is calculated in accordance with the formula prescribed under the Executive Regulations.

Apart from reimbursing part of the recruitment expenses, the new employer must also pay the government fees incurred by the original employer for recruiting and employing the domestic worker, unless both employers mutually agree otherwise. This provision is intended to ensure that an employer who has recently invested in recruiting a domestic worker does not bear the financial burden if the worker moves to another household shortly afterwards.

The Executive Regulations also contain provisions covering transfers after an employment contract has been renewed. If a domestic worker decides to move to another employer following the renewal of the employment contract, the new employer must reimburse the government fees paid by the original employer for renewing the contract, provided that the transfer takes place within the first three months after the renewal. This reimbursement requirement may be waived only if both employers agree otherwise.

These provisions are designed to strike a fair balance between allowing domestic workers greater employment mobility and protecting employers from financial losses arising from recruitment and visa-related expenses incurred shortly before a transfer.

For sponsors whose domestic worker wishes to pursue another employment opportunity within the UAE, the transfer can therefore proceed legally, provided the contractual obligations under the existing employment agreement have been fulfilled and all outstanding employment dues have been settled. The employer should also ensure that the necessary visa cancellation or transfer procedures are completed through the competent authorities in accordance with Mohre requirements to avoid future disputes.

The current legal framework makes it clear that domestic workers are no longer tied indefinitely to a single employer. At the same time, employers are afforded legal safeguards through reimbursement provisions and formal transfer procedures, ensuring that changes in employment take place in an orderly and transparent manner for all parties involved.

 
 For any enquiries or information, contact ask@tlr.ae or call us on +971 52 644 3004. Follow The Law Reporters on WhatsApp Channels.