The Complete UAE Law Guide for Hiring Domestic Workers

Understanding the Federal Law No. 9 of 2022 on Domestic Workers in the UAE: Key Insights

In September 2022, the United Arab Emirates (UAE) enacted Federal Law No. 9 of 2022, introducing comprehensive regulations concerning domestic workers. This law, together with its amendments, aims to safeguard the rights of domestic workers while ensuring that employers and recruitment agencies adhere to their legal obligations.

Defining Domestic Work

Under the law, domestic work refers to services provided by individuals in private households, such as cooking, cleaning, gardening, and care for family members, including children, the elderly, and those with special needs. The law covers various categories of domestic workers and outlines the responsibilities of employers.

Recruitment Contracts for Domestic Workers

1. A recruitment contract shall be concluded between the recruitment agency and the employer, according to the model approved by the Ministry, and it shall include the following:
   • The specific conditions requested by the employer for the domestic worker, particularly regarding the type of work and wage.
   • The basic rights and obligations that the employer must adhere to concerning the domestic worker.
   • The necessary financial obligations for the domestic worker’s transfer from their home country to the UAE.
   • The agency’s fees and services rendered, which are subject to the Ministry’s approval.
   • The timeframe for the recruitment process completion.
2. If the recruitment agency breaches the agreed-upon conditions in the contract, the employer has the right to refuse the domestic worker’s services and demand a replacement or a refund of the recruitment fees. The Ministry will resolve such disputes according to the executive regulations.

Employment Contract

1. The employer must enter into an employment contract with the domestic worker based on the model and mechanisms approved by the Ministry.
2. The employment contract must specify:
   • The names of the parties.
   • The workplace.
   • The date of the contract.
   • The date of commencement of work.
   • The type of work.
   • The duration of the contract.
   • The wage and how it will be paid.
   • Any other terms as per the nature of the job.
3. The employment contract shall be for a two-year duration, renewable for the same period. If the parties continue to implement the contract after its expiration, it shall be deemed automatically extended on the same terms unless terminated by mutual agreement.

Trial Period

The employer may appoint a domestic worker on a trial basis for up to six months from the start date of employment. During this period, the employer can assess the worker’s performance and suitability for the job.

Working Hours and Weekly Rest

1. The domestic worker is entitled to at least one paid weekly day of rest, as determined by the executive regulations.
2. The employer may request the worker to work on the weekly rest day, in which case the worker is entitled to a substitute day off or additional compensation for the extra work.
3. The domestic worker is entitled to at least 8 hours of rest per day, with a minimum of 12 hours of rest, including at least 8 consecutive hours.

Leave Entitlements

1. The domestic worker is entitled to an annual leave of no less than 30 days after completing one year of service. If the service period is less than one year, the worker is entitled to two days’ leave for each month worked.
2. If the domestic worker is required to work during their annual leave, the employer must compensate them with equivalent days off or monetary compensation.
3. If the employment contract ends before the worker takes their annual leave, the employer must compensate them with a payment equivalent to their wage for the unused leave days.
4. The worker is also entitled to sick leave of up to 30 days per year, subject to presenting a medical certificate, with the following payment conditions:
   • The first 15 days with full pay.
   • The next 15 days with half pay.
5. No sick leave wages are payable if the illness is due to the worker’s misconduct.

Employer Obligations

In addition to the conditions in the employment contract, the employer must:

1. Provide the domestic worker with the tools and equipment necessary to perform their job.
2. Provide decent accommodation for the worker.
3. Supply the worker with meals and suitable clothing unless otherwise agreed in a temporary employment arrangement.
4. Pay the domestic worker’s wage according to the employment contract and the provisions of this Decree Law.
5. Bear the costs of the worker’s medical treatment as per the State’s health regulations or provide adequate health insurance.
6. Treat the worker with respect and preserve their dignity and physical well-being.
7. Not assign the worker to tasks outside their job description unless mutually agreed upon.
8. Not employ any domestic worker unless licensed to do so in accordance with this Decree Law.
9. Pay any compensation due to work injuries or occupational diseases as per applicable laws.

Obligations of Domestic Workers

The domestic worker must:

1. Perform the job personally under the employer’s supervision, following the employer’s instructions, unless they conflict with the law or the employment contract.
2. Respect the customs and traditions of the State.
3. Take care of the employer’s property and perform the tasks with the required diligence.
4. Maintain the confidentiality of any information obtained during the course of work, even after the employment ends.
5. Not work for any other employer unless they obtain a valid work permit.

Health and Occupational Safety

Both the employer and the domestic worker must comply with health and occupational safety standards as stipulated by the executive regulations and other applicable laws.

Temporary Employment

1. The recruitment agency is considered the employer in cases of temporary employment without affecting the obligations of the natural person or family benefiting from the service provided by the domestic worker.
2. The relationship between the domestic worker and the temporary employer is subject to the provisions of this Decree Law and the executive regulations, which govern the relationship between the recruitment agency and the temporary employer.

Payment of Wages

1. Wages for domestic workers shall be paid in Emirati Dirhams (AED) no later than 10 days from the due date, as stipulated in the employment contract. The Ministry may establish a system to ensure and monitor wage payments.
2. The domestic worker is entitled to wages from the date they enter the State or the date their legal status is modified, with a wage receipt or other method of confirmation required as proof of payment.

Wage Deductions

1. If a domestic worker, through serious misconduct, causes damage or loss to the employer’s property, tools, or materials, the employer may deduct compensation from the worker’s wage, provided that the deduction does not exceed 25% of the monthly wage and is authorized by the Ministry or agreed upon by the worker.
2. Wage deductions may also be imposed to settle debts resulting from a court judgment, provided that the deduction does not exceed 25% of the wage.

Suspension of Wages

1. A domestic worker who is detained in custody shall have their wage suspended for the period of detention.
2. If the worker is acquitted or the case is dismissed, the worker is entitled to their full wage for the period of detention. If the worker is convicted, the suspended wage may be forfeited.

Abandonment of Work

1. The executive regulations of this Decree Law shall specify the conditions under which a domestic worker may lawfully abandon their job.
2. The employer must notify the Ministry within five days if the worker is absent without a valid reason.
3. The domestic worker must also notify the Ministry within two days if they leave their job without informing the employer.

Termination of Contract

1. The employment contract may be terminated in any of the following circumstances:
   • Expiry of the contract, unless it is renewed in accordance with this Decree Law and its executive regulations.
   • The death or disability of the domestic worker during the course of work, with a medical report confirming the extent of the disability.
   • Mutual agreement between the employer and the worker to terminate the contract.
   • Conviction of the domestic worker for a crime or imprisonment.
   • Completion of the sick leave period or lack of fitness to continue working, as determined by medical authorities.
   • Absence of the worker from work without valid reason for more than 10 consecutive days or 15 intermittent days in a contractual year.
   • Breach of the contract terms by either party.
2. All financial entitlements of the domestic worker must be settled within 10 days of contract termination.

Contract Termination by Either Party

1. Either party may terminate the employment contract if the other party fails to meet their obligations under Articles 11 or 12 of this Decree Law.
2. If the employer terminates the contract without cause, the employer is required to cover the costs of returning the worker to their home country and settle any outstanding financial entitlements.
3. If the worker terminates the contract after the probation period without valid reason, the worker must cover the costs of returning to their home country and any other obligations owed to the employer.

Transfer of Domestic Workers

1. A domestic worker may transfer to a new employer, provided that all contractual obligations with the original employer are met, and the Ministry’s procedures are followed.
2. The original employer is not obligated to cover the costs of returning the worker to their home country if the worker secures new employment.

End of Service Benefits

The Cabinet, based on the Minister’s recommendation, shall establish the rules and procedures for calculating and paying end-of-service benefits for domestic workers.

Dispute Settlement and Complaints

1. If a dispute arises between the employer and the domestic worker and an amicable resolution cannot be reached, the matter shall be referred to the Ministry, which may take the following steps:
   • Seek to resolve the dispute amicably in accordance with the procedures outlined in the executive regulations of this Decree Law.
   • If an amicable resolution is not possible within the timeframe specified in the executive regulations, the Ministry shall refer the dispute to the competent court, accompanied by a report summarizing the dispute and the Ministry’s recommendation.
2. The Ministry shall have jurisdiction to handle complaints between the employer and the recruitment agency, and may take the following actions:
   • Resolve the dispute in accordance with the provisions of this Decree Law, its executive regulations, and relevant decisions issued by the Ministry.
3. In the event that an amicable settlement is not reached within two weeks of filing the complaint, the case shall be referred to the competent court with a report summarizing the dispute and the Ministry’s recommendation.
4. The Ministry’s decision on a dispute may be deemed final if the amount in dispute does not exceed 50,000 dirhams, or if the complaint is about a failure to comply with a previous settlement decision, regardless of the amount in dispute.
5. The Ministry shall also be responsible for resolving disputes between the recruitment agency and the domestic worker.
6. No legal case between the employer and the domestic worker may be brought before a competent court without first following the dispute resolution procedures outlined in this Article.
7. If the Ministry discovers any violation of the provisions of this Decree Law during its handling of disputes, it shall impose penalties according to the relevant legal provisions.
8. The Ministry may, during the dispute resolution process, compel the recruitment agency to fulfill its obligations toward the domestic worker or the employer.

Inspections

1. The Ministry’s employees, designated by a decision from the Minister of Justice in agreement with the Minister of Human Resources and Emiratisation, shall have judicial powers to document any violations of this Decree Law, its executive regulations, and the decisions issued in its implementation. They shall be authorized to carry out the following:
   • Monitor compliance with the provisions of this Decree Law, its executive regulations, and the decisions issued in its implementation.
   • Inspect recruitment agencies and the places where domestic workers live or work, including accommodations provided by recruitment agencies for domestic workers.
2. Inspectors may not enter the family residence of the employer without permission from the family or a warrant from the public prosecutor, except in the following cases:
   • If a complaint is filed by the domestic worker.
   • If there is reasonable evidence of a violation of this Decree Law and its implementing regulations.

Administrative Violations and Penalties

1. The executive regulations of this Decree Law shall specify administrative violations and the penalties applicable to individuals, recruitment agencies, and employers who breach the provisions of this Decree Law or its implementing regulations.
2. Penalties may include suspending services provided by the Ministry or imposing restrictions on recruitment agencies or employers found to be in violation of the Decree Law.

Judicial Disputes

1. The UAE courts shall have jurisdiction over disputes and claims arising from the implementation of this Decree Law, its executive regulations, and the decisions issued in its implementation.
2. No lawsuit concerning any right established by the provisions of this Decree Law may be heard after the passage of three months from the date of termination of the employment relationship.
3. Domestic workers shall be exempt from paying court fees at all stages of litigation.

Penalties

1. The application of the penalties set out in this Decree Law does not preclude the imposition of harsher penalties under any other applicable laws.
2. A penalty of imprisonment for no more than six months and a fine of no less than 20,000 dirhams and no more than 100,000 dirhams, or either of these penalties, shall be imposed on anyone who:
   • Provides false information or documents to recruit a domestic worker.
   • Obstructs or prevents an authorized employee from enforcing the provisions of this Decree Law or its implementing regulations.
   • Discloses confidential information obtained in the course of their duties, even after leaving employment.
3. A fine of no less than 50,000 dirhams and no more than 200,000 dirhams shall be imposed on anyone who:
   • Employs an unlicensed domestic worker.
   • Recruits or employs a domestic worker and does not provide them with work.
   • Uses work permits for purposes other than those for which they were issued.
   • Closes a recruitment agency without settling the entitlements of domestic workers.
   • Employs a domestic worker under the age of 18.
4. A penalty of imprisonment for no less than one year and a fine of no less than 200,000 dirhams and no more than 1,000,000 dirhams shall be imposed on anyone who:
   • Engages in the recruitment or temporary employment of domestic workers without a license.
   • Abuses access to the Ministry’s electronic systems for fraudulent purposes.
5. Recruitment agencies that violate the provisions of this Decree Law or its implementing regulations may be fined between 50,000 and 200,000 dirhams.
6. Anyone who violates other provisions of this Decree Law or its implementing regulations may be fined between 5,000 and 1,000,000 dirhams.
7. Fines may be multiplied based on the number of workers affected, up to a maximum of 10,000,000 dirhams.
8. If the violation is repeated within a year of a conviction, the penalties may be doubled.