MOHRE announced New Rules for Domestic workers in UAE

KAMUSTA to all Filipinos here in UAE, lalo na sa domestic workers, sana ay mabuti ka.

UAE especially Dubai and Abu Dhabi are trying their best to achieve the International Labour Standards to ensure decent working and living conditions for all UAE Labours, they have already provided the best government services, mobile apps and friendly websites.

We have seen that Filipino Domestic workers were under pressure by their private hiring agencies because of longest duty hours, weekly off issues and retaining personal documents especially the passport is among rights that Filipino expats are looking for.

So, we have decided to give them GOOD NEWS, and the good news is that MOHRE announced special rights to domestic workers including new annual leave system, 2 years warranty system, a weekly day off, daily rest time, 8 hours of work, Gratuity and most important the right to retain personal documents including original passport and Emirates ID.

Another good news is that the UAE have closed all private hiring agencies to protect the rights of housemaids and other domestic helpers. All new visas will be issued by MOHRE approved hiring agencies.

Point to be noted that all those rules have already been approved by the UAE Cabinet, passed by the Federal National Council and signed into LAW. 



Third GOOD NEWS for Domestic OFW is that they can now get their End of Service Gratuity. 

Fourth GOOD NEWS is that domestic workers over 60 years of age can now renew their visas and work legally in UAE.

Link: Gratuity for Housemaid in UAE

Link: visa renewal for domestic workers over 60 years of age.

We are going to provide our readers each and everything that is written in upcoming LAW for Domestic workers in which it is clearly mention that domestic workers must be extended rights to equality and non-discrimination based on race, colour, religion, political opinion or national or social sect, it is also providing a decent and comfortable working conditions, social protection and access to specialised courts and MOHRE (Ministry of Human Resources and Emiratisation previously MOL (Ministry of Labour).

Please note that as per new Law the approved hiring agencies have to ensure that domestic workers are informed of terms and conditions of their employment such as the nature of work, the workplace, the remuneration and the period of daily and weekly rest as set out by the executive regulations before they have crossed their national borders.

Before proceeding to the Details of New Law please check out the new list of Domestic workers, the existing professions under the domestic workers category were Maid, Household farmer and Family Chauffeur.

Also Read: Filipinos have Changed UAE

New Category for Domestic Workers:

The new professions under the domestic workers category (only for households, not for companies) are:

1: Housemaids

2: Private Sailor

3: Watchman

4: Security Guards

5: Household Shepherd

6: Family Chauffeur

7: Household Horse Groomer

8: Household Falcon Trainer

9: Domestic Labours

10: Housekeepers

11: Private Coach

12: Private Teacher

13: Babysitter

14: Household Farmer

15: Private Nurse

16: Private PRO

17: Private Agriculture engineer

Domestic workers annual leave:

The new domestic helper law, which comes into force on December 15, 2022, states the following:

·       The domestic helper is not entitled to annual leave 6 months from the date of employment.

·       The domestic helper is entitled to 2 days for each completed month, should the period of service be 6 months at least and a year at most (for example: if the worker completed 7 months, then they are entitled to 12 days leave in total, calculation is 2 days x 6 previous months).

·       The employer may determine the beginning date of the annual leave, and may divide it, if necessary, into 2 periods.

 

30 days of Annual Leave:

·       If the domestic helper has completed 1 year of service, they are entitled to not less than 30 days of annual leave.

·       If the domestic worker has completed 1 year, his/her wage shall be paid in advance by the employer.

·       Should the work circumstances require the domestic helper to work during their annual leave and their leave was not postponed to the following year, the employer must pay their wage as well as an allowance for the days of work, based on their basic wage.

·       It is not allowed to ask the domestic helper to work during their annual leave more than one time in 2 consecutive years.

According to the new Domestic Helpers Law, employers (such as the family that the domestic helper works for) may determine the domestic helper’s annual leave under specific conditions.#UAE #MoHRE pic.twitter.com/pTaotFvoWV

— وزارة الموارد البشرية والتوطين (@MOHRE_UAE) October 17, 2022

2 Years Warranty system:

MOHRE approved recruitment agencies provide a 2-year (24 months) warranty for the employer (owner) if their domestic helper (housemaid, nanny etc) refuses to work or is unfit to meet their job requirements.

As per new announcement on October 18, 2022, the employer has the following rights:

·       As an employer, you have the right to ask the recruitment agency to replace your domestic helper or refund the total amount if the helper served less than 30 days.

·       If they served more than 30 days (1 month), the employer has the right to ask for a replacement or refund, based on the below calculation.

 

Example of MOHRE Calculation:

1.     An employer paid AED15,000 for recruitment fee (visa cost)

2.     Domestic workers contract is for 24 months (2 years)

3.     Let’s assume the domestic helper worked for 4 moths

4.     We divide 15,000/24 = AED625

5.     Then, AED625X 4 months of service = AED2,500

6.     The refund amount is 15000 – 2500 = AED12,500.

MoHRE-approved recruitment agencies provide a two-year (24 months) warranty for the employer if their domestic helper refuses to work or is unfit to meet their job requirements. #UAE #MoHRE pic.twitter.com/nEHVNmskEY

— وزارة الموارد البشرية والتوطين (@MOHRE_UAE) October 18, 2022

 

So, if the domestic worker works less than 1 month with his/her new employer, the employer has legal right to ask for refund of his recruitment cost which is 15000 AED approximately for 2 years (per employee).

In this case, the hiring agency (tadbeer) may ask employee (domestic helper) to pay the visa cost if he/she refuses to work or is unfit to meet employer requirements. The visa cost may be payable as per above calculation which is 625 AED per month.

LAW & Obligations for Employment Agencies:

The new law says: “A contract accredited by the Ministry of Human Resources will be signed by the employer and the employment agency, setting out job description and qualifications of the worker as well as obligations of the employer. This contract will also provide for financial obligations towards the worker travelling to the UAE, fees of the agent and the period required to bring in the employee.”

If the agent or agency fails to honour the obligations set out in the contract, the employer (company) shall have the right to decide against offering the job to the worker. The agent will then bear the cost of Return air ticket to the home country.

The employer (company) has the right to claim compensation for any inconvenience caused by the agent’s failure to meet the contract’s terms.

The employer has to sign an official contract by MOHRE with the domestic worker, with copies being delivered to the worker, the employer, the placement agency and the Ministry of Human Resources.

Contract clarity:

“The contract, which can extend to no more than two years and is renewable for similar periods, shall more particularly specify the date of its conclusion, the date on which work is to begin, type of the work and workplace, duration of the contract, the remuneration and how it is paid, leaves, probation period and rest times, as well as any other terms required by the nature of the work. The law sets six months from the date of ending the contract as the time limit for different lawsuits within which an aggrieved person can approach the court for redress or justice,” it further adds.

Salary protection and Deduction:

Remuneration, which has to be communicated to the worker and agreed by him or her before travelling to the UAE, has to be paid no later than the 10th of the following month and a receipt is signed upon every payment. The Ministry of Human Resources may set any more suitable wage protection system.

No amount of money may be deducted from a worker’s salary or end-of-service gratuity except for a debt payable in execution of a court ruling or repair of any damage caused by the worker, provided that the deduction shall not exceed a quarter of the worker’s salary. If a dispute arises, it has to be settled by the special tribunals at the Ministry of Human resources or be referred to the court.

Weekly Day Off:

A weekly day off with full pay will be given to worker, where circumstances require an employee to work on this day, he or she will be granted a day in lieu or receive its payment. The regulations will set out working hours and rest breaks for every type of job.

Return Air Ticket:

The annual leave can be carried forward to the following year and the employer has to grant a return ticket to the worker to travel home every two years. Payment for the annual leave and the travel allowance can be paid in cash to the worker who opts not to travel home.

Sick Leave:

All domestic workers shall get sick leave of up to 30 days a year and this leave shall be calculated with full pay for the first 15 days while the next 15 days will be without pay. Sick leave certificate is must to show.

Employment conditions:

Effective protection against all forms of abuse, harassment and violence, and workers should also be provided with decent living conditions that respect their privacy.

Duties of the employer shall include all terms and conditions as set out in the contract in addition to ensuring the work environment, tools and equipment are safe for the workers, who shall also be provided with proper accommodation, clothing and food, medical care, good treatment, respect and dignity, and physical safety.

Working with Third Party:

An employer (Company) may not engage a domestic worker in any work with a third party unless legal terms are met, and consent of the MOHRE is obtained. The employer has to pay compensation for any occupational injuries or diseases of worker.

Worker (Employee) duties:

A domestic worker shall honour all obligations set out in the contract, in addition to performing duties in person and in keeping with instructions of the employer. The worker (employee) has to exercise due care in performing his or her duties and may not be absent from work without a valid reason. The worker has to respect customs and traditions of the society and public norms.

Orders of employers (companies) have to be met unless these orders are not within the scope of the duties the worker had undertaken to perform in the job contract, are in violation of the law or public order, endanger the worker’s safety or hold him or her accountable.

The employee shall also keep in confidence the employer’s secrets during and after the term of employment.

Also Read: OFW ID Card open for Everyone

Legal issues and disputes:

Inspectors may not enter the workstation or the worker’s accommodation without valid permission or warrant from the prosecutor and unless a complaint is filed against the worker or the employer or in the event there is reasonable evidence that the law and executive regulations have been breached.

The Ministry of Interior will grant powers to law enforcement officers, who will ensure law and regulations are enforced effectively, arrest violators, inspect placement agencies and workplaces and accommodations in keeping with the law.

If a dispute arises between the worker and the company, they must refer it to the Ministry of Interior’s specialized boards, which will exercise due care to help settle it amicably or refer it to the higher court.

Worker Rights and Gratuity:

At the end of the contract, the employer has to settle all the worker’s dues within 10 days, and in case of the worker’s death, the employer has to repatriate the body to the worker’s home country urgently.

A worker who completes at least a year of service will be entitled to an end-of-service gratuity amounting to 14 days salary for each year of service.

The employee shall forfeit entitlement to severance pay if he or she is absent from work for more than 30 consecutive days.

Labour Complaint:

A worker will have his or her salary suspended if he or she is detained after a complaint is filed by the employer but, once investigation is completed or a final ruling is issued acquitting the worker, the wage of the entire period has to be paid. However, if the worker is incriminated, the worker will forfeit his remuneration for that period.

If a complaint is filed against the worker by a third party and the worker is acquitted, that party will have to pay the remuneration of the worker during the detention.

Penalties for Violators:

Violators of the law will receive tough penalties including prison terms and hefty fines.

A worker who fails to keep in confidence secrets of his employer even after the term of employment shall receive a prison term of up to six months, a fine of up to 100,000 AED or both.

Those who encourage a domestic worker to quit his job or offer shelter to him or her or stop law enforcement officers from doing their jobs shall receive the same penalty and the court may also order deportation after the prison term is served.

Hiring agencies which break the law shall be punished with a fine of up to 100,000 AED and recurrence of the offence will see the fine multiply.

An employer who asks a domestic worker to do a job that is not within the scope of duties indicated to perform in the contract shall receive a fine of up to 10,000 AED which will also be applicable to the worker and the employer who fail to report the employee’s absence from work to the police within 48 hours.

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