UAE Sets Out Clear Divide Between Labour Law and Domestic Workers Law in Major Regulatory Framework

The United Arab Emirates (UAE) maintains two separate legal frameworks to govern employment relations, recognising that domestic work within private households requires a distinct approach from employment in the general private sector.

The Federal Decree-Law No. 33 of 2021 Regulating Labour Relations (“UAE Labour Law”) applies to most private-sector employers and employees. However, Article 3(2)(c) of the UAE Labour Law expressly excludes domestic workers from its scope. To ensure proper regulation of this category, the UAE introduced the Federal Decree-Law No. 9 of 2022 Concerning Domestic Workers (“Domestic Workers Law”), supported by Cabinet Resolution No. 106 of 2022 (“Implementing Law”).

Together, the Domestic Workers Law and the Implementing Law form a comprehensive framework tailored to the unique conditions of domestic work, balancing the privacy of household employment with the protection of workers’ rights.
 

1. Scope and Purpose
   
   Under Article 1 of the Domestic Workers Law, the term workplace refers to the permanent or temporary residence of the employer or their family, including farms or other similar private premises. This definition highlights the personal and non-commercial nature of domestic work, which distinguishes it from ordinary employment relationships covered under the UAE Labour Law.

Every domestic worker must be employed under the Unified Standard Employment Contract approved by the Ministry of Human Resources and Emiratisation (“MoHRE”) and as per Article 7 of the Domestic Workers Law. Furthermore, the employment or recruitment of individuals under 18 years of age is strictly prohibited under Article 4(3) of the Domestic Workers Law.

By separating these two legal frameworks, the UAE ensures that private-sector employment is governed by the UAE Labour Law, while domestic employment is exclusively regulated by the Domestic Workers Law and the Implementing Law.
 

1. Working Conditions and Welfare
   
   The Domestic Workers Law provides clear provisions to safeguard the welfare, dignity, and fair treatment of domestic workers.
    

Working and Rest Hours:
A domestic worker is entitled to a daily rest period of not less than 12 hours, including eight consecutive hours of uninterrupted rest under Article 9(2) of the Domestic Workers Law and Article 7 of the Implementing Law.

Weekly Rest Day:
Every domestic worker must receive one paid weekly rest day. If work is required on that day, an alternative rest day or compensation must be provided as per Article 8 of the Implementing Law.

Accommodation, Meals, and Clothing:
Employers must provide adequate accommodation, meals, and appropriate clothing if the worker is employed on a full-time basis as per Article 11 of the Domestic Workers Law.

Payment of Wages:
Wages must be paid in UAE dirhams within 10 days from the due date under Article 15(1) of the Domestic Workers Law, and any deduction from wages may not exceed one-quarter (¼) of the salary as per Article 16 of the Domestic Workers Law.

Sick Leave:
Domestic workers are entitled to 30 days of sick leave per year, consisting of 15 days with full pay followed by 15 days with half pay based on Article 10(6) of the Domestic Workers Law.

Annual Leave and Airfare:
If the worker spends their annual leave in their home country, the employer must provide a return air ticket once every two years under Article 10(4) of the Domestic Workers Law.

These provisions ensure humane working conditions and reflect the UAE’s commitment to protecting workers’ welfare within private households.
 

1. Dispute Resolution and Enforcement
   
   The Domestic Workers Law establishes a specialised dispute resolution mechanism through MoHRE, ensuring quick and fair settlement of disputes.

Under Article 23(3) of the Domestic Workers Law, MoHRE may issue a final decision on claims not exceeding AED 50,000. For larger claims, the matter may be referred to the competent court.

All employment-related claims must be filed within three months from the termination of the employment relationship under Article 26(2) of the Domestic Workers Law. This shorter period, compared to the two-year limitation under the UAE Labour Law, reflects the intent to resolve household employment matters swiftly.

To enforce compliance, the Implementing Law empowers MoHRE to impose administrative penalties. For example, if an employer fails to pay wages for more than two months or commits acts of assault or harassment, MoHRE may suspend the employer’s file as per Article 15 of the Implementing Law.

Furthermore, domestic worker recruitment agencies must maintain a bank guarantee of not less than AED 500,000 with the Ministry as a security measure under Article 3(1)(b) of the Implementing Law.
 

1. Categories of Domestic Workers

The Implementing Law lists nineteen (19) categories of domestic workers covered under the Domestic Workers Law. These include:
Servant, Sailor, Janitor, Herder, Parking Attendant, Camel Trainer, Falconer, Worker, Housekeeper, Cook, Babysitter, Farmer, Gardener, Private Trainer, Private Tutor, Home Caregiver, Personal Assistant, Private Agronomist, and Chauffeur.

This extensive list ensures comprehensive coverage and protection for all domestic occupations within the UAE.
 

1. Conclusion
   
   The UAE Labour Law and the Domestic Workers Law, together with the Implementing Law, represent two complementary systems designed to address the specific needs of different employment sectors.

While the UAE Labour Law governs standard private-sector relationships, the Domestic Workers Law provides a specialised legal regime for domestic employees, offering them rights and protections suited to the nature of household work.

Through this distinct legislative framework, the UAE reinforces its ongoing commitment to ensuring fairness, dignity, and legal clarity for both employers and domestic workers, maintaining a balanced relationship that upholds human values and regulatory accountability.

 

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