Dubai: If you have employed a nanny, housekeeper or cook on a full-time basis, it is important to ensure that you fulfil all their rights. Failing to do so can land you on the wrong side of the law.
The UAE’s new law regarding domestic workers’ rights and recruitment in the UAE – Federal Decree Law No. 9 of 2022 – came into force on December 15, 2022, which ensures that the rights of workers and employers are protected. Following the issuance of the law, a cabinet resolution was also issued – Cabinet Resolution No.106 of 2022 – which provides a list of 10 violations that an employer of a domestic worker can be fined for.
Here is a list of the violations, and the fines as per the Cabinet Resolution:
1. Submitting fraudulent or fictitious absconding report against the domestic worker: Dh5,000 for each domestic worker.
2. Submitting incorrect documents or information in order to obtain a service or benefit: Not less than Dh1,000 and not more than Dh10,000 for each case.
3. Failure to comply with the requirements and measures pertaining to occupational health and safety as stipulated in Federal Decree Law No.9 of 2022, its executive regulations and implementing ministerial decisions, in addition to all other prevailing legislation in the country: Not less than Dh1,000 and not more than Dh10,000 for each case.
4. Employing a domestic worker without obtaining a work permit for him or her, or failing to employ a domestic worker for whom a work permit has been issued, or allowing the worker to work for others without adhering to the requirements and settling his or her legal status: Dh5,000 for each illegal domestic worker.
5. Evidence of non-payment of wages to the domestic worker in accordance with Ministry regulations and deadlines: Not less than Dh500 and not more than Dh5,000 for each domestic worker.
6. If the employer or a member of his family assaults or harasses the domestic worker: Dh20,000 for each case.
7. If the employer fails to provide adequate accommodations for the domestic worker, or fails to provide adequate meals and clothing for the domestic worker to perform his or her duties, or if the domestic worker is employed in an occupation that differs from the nature of his or her work without the worker's consent: Not less than Dh1,000 and not more than Dh10,000 for each domestic worker.
8. Treatment in accordance with the applicable health system in the country or if the employer fails to pay the necessary compensation associated with work injuries and occupational diseases in accordance with the provisions of Decree-Law No. 33 of 2021 regarding the regulation of labour relations: Not less than Dh500 and not more than Dh5,000 for each case.
9. Withholding the domestic worker's identification documents: Dh500 for each domestic worker.
10. Failure to register the domestic worker in the Wages Protection System in accordance with the Ministry's requirements: Dh100 for each domestic worker.
To know more about the rights and responsibilities of domestic workers and their employers, as per UAE’s new law, read our detailed guide here.
