UAE: How to recover costs of absconding domestic workers

Abu Dhabi: The Ministry of Human Resources and Emiratisation (MoHRE) recently received numerous complaints from citizens, residents, and employers regarding the lack of a system to ensure the reimbursement of recruitment costs for domestic workers.

These complaints arise in cases where the domestic worker refuses to continue working with the sponsor or when both parties mutually agree to terminate the working arrangement. Complainants highlighted significant financial losses due to the absence of a mechanism that guarantees reimbursement of recruitment fees and costs paid to domestic worker recruitment agencies, especially when a worker unilaterally decides to leave their employer without prior notice.

In response to the increasing complaints, the Ministry has decided to reconsider its approach to the reimbursement of recruitment costs and fees for domestic workers.

Grounds for reimbursement

The Ministry outlined three scenarios where sponsors are entitled to recover these costs:

1. Lack of professional competence or personal conduct issues on the part of the domestic worker during the probation period.

2. Unilateral termination of the contract or illegal abandonment of work by the domestic worker.

3. Termination of the contract by the employer due to the failure of the recruitment agency or worker to meet the agreed-upon terms in the initial agreement or the employment contract.

When domestic workers can leave

The Ministry further clarified that domestic workers are entitled to leave their employment under specific conditions while retaining their rights. They must notify the Ministry at least two weeks in advance and allow the employer to address the reasons for their decision. These conditions are:

1. Reduction of the worker’s salary below the agreed-upon amount stated in the employment contract.

2. The employer’s failure to fulfil obligations outlined in the employment contract.

Leaving without notice

Additionally, the Ministry stated that a domestic worker could leave without prior notice in cases where the employer or their representative engages in physical assault, humiliation, or any form of sexual abuse punishable under the country’s legislation.

In such cases, the worker must report the incident to the relevant authorities immediately and notify the Ministry within three days of leaving work. The worker is also required to return to the recruitment agency or designate another place to stay and provide the Ministry with their contact information.

The Ministry emphasised that in any of these scenarios, the worker may transfer to a new employer or leave the country in accordance with specific regulations.

Revoking license of recruitment agents

Furthermore, the Ministry of Human Resources and Emiratisation announced that it reserves the right to suspend or permanently revoke the licence of domestic worker recruitment agencies under six circumstances:

1. If the agency is involved in forced labour or human trafficking.

2. Consistent failure to comply with licensing requirements.

3. Non-compliance with new regulations issued by the Ministry.

4. Submission of false documents or information for licensing purposes.

5. Violations of the Domestic Workers Law or its implementing regulations.

6. Breaches of related laws, regulations, or instructions issued by the Ministry.

The Ministry also warned that any agency operating without a valid licence for more than 30 days after its expiry would be considered unlicensed and subject to applicable fines.

Obligations for licence holders

Additionally, the Ministry outlined specific obligations for licence holders seeking to cancel their licences. These include notifying the Ministry at least 90 days before the cancellation date, committing to fulfil all obligations arising from the licence, and agreeing that the Ministry has the right to deduct from the agency’s bank guarantee in case of delayed payments. The licence holder must also provide a detailed plan for managing outstanding commitments and rights resulting from the license cancellation.