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“Human Resources”: The new domestic labor law guarantees the rights of all parties

الموارد البشرية (1)

Source: wam

Date: October 11, 2022

The Ministry of Human Resources and Emiratisation announced that the new legal system regarding domestic workers aims to strengthen and regulate work relations with domestic workers in the UAE and define the responsibilities of the parties to the relationship in a manner that preserves their rights and obligations in a balanced manner and ensures the provision of a suitable work environment for domestic workers in accordance with the legislation and international agreements in force in The state.

The ministry said that the UAE is continuing to develop the legislative and legal system that guarantees the protection of domestic workers, as part of its continuous efforts to consolidate its global leadership as a preferred global destination for living and work, stressing its keenness to enhance the successive achievements and gains achieved by the state in the domestic labor file by adhering to its oversight role in enforcing laws and decisions. And legislation that regulates the recruitment and employment of domestic workers in accordance with international best practices during all phases of the contractual work cycle.

And she added – in a statement today -: “We have a comprehensive legal framework that guarantees the fulfillment of the obligations of both parties to the contract and helps the labor recruitment offices to provide the best services that achieve the comfort, satisfaction and happiness of employers, national and resident families, preserve the rights of service workers and meet the aspirations of both parties to the contract, thus contributing His role in reducing labor disputes and enhancing the competitiveness of the UAE.”

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The new system will enter into force on December 15, 2022, as the assistant worker must not be recruited from his country unless he is informed of the type and nature of work, the amount of wages, and the availability of evidence of his fitness, health, psychological, professional and other conditions specified in accordance with the executive regulations of the decree and other decisions issued by the Ministry.

The offices are prohibited, whether directly or through third parties, from accepting a commission in return for the worker obtaining work or collecting any expenses, and the decree obliges the recruitment agencies to treat the domestic worker well, raise his awareness of the customs and traditions of the UAE society, and inform him of the competent authorities to consider his complaint regarding any violation of his rights and freedoms, with the provision of appropriate housing. And subsistence for domestic workers in a manner that takes into account the rules and regulations regulating labor accommodation in the country. The offices also bear the expenses of returning the domestic worker to his country and providing a substitute for him or refunding the amounts paid to the employer in accordance with the decisions issued by the Ministry.

The law defines the obligations of the employer to provide the requirements for performing the agreed-upon work and to create a suitable place for housing, while providing the assistant worker’s needs of meals and appropriate clothing to perform the work as long as he works for him on a full-time basis and not on a temporary employment system, unless otherwise agreed.

The employer must also treat the assistant worker in a good manner that preserves his dignity and physical integrity, and pays his wages in accordance with the work contract, the provisions of the decree-law and decisions issued by the Ministry, in addition to bearing the costs of medical treatment for the assistant worker in accordance with the health system in force in the country or providing health insurance in accordance with the legislation and laws in force them in the state.

The employer is also prohibited from employing any assistant worker for him unless he is licensed to work with others or in a profession different from the nature of his work except with his consent and provided that it is one of the professions mentioned in the executive regulations of this decree.

The law gives the assistant worker the right to keep his own identification documents, while granting the heirs of the assistant worker who died during service the wage for the month in which he died and any other entitlements.

The law also deals with the obligations of the assistant worker, as it stipulates that he must perform the work himself according to the direction and supervision of the employer and in accordance with what is specified in the work contract, take the necessary care and not stop work without an acceptable excuse, in addition to observing the customs and traditions of the UAE society and adhering to public morals and the instructions of the owner The work related to the implementation of the agreed work unless it is in violation of the contract, the law, public morals, or what exposes it to danger or legal accountability.

The assistant worker must also respect the privacy of the workplace, preserve the employer’s property, work tools and everything in his custody, and not use them outside work except with the approval of the employer, with no work under any form except under a work permit issued to him by the ministry and in accordance with the applicable conditions .

The law includes not allowing the recruitment or temporary employment of domestic workers to practice unless after obtaining a license from the Ministry, and not to recruit or employ the domestic worker except in accordance with the conditions and procedures stipulated in this Decree-Law and its Executive Regulations.

It also stipulates the prohibition of recruiting or employing an assistant worker under the age of 18, and in the event that domestic workers are recruited or hired temporarily, there must be no discrimination among them on the basis of race, color, sex, religion, national origin, social origin, or disability, which makes It would weaken equal opportunities or prejudice equality in obtaining or continuing a job and enjoying its rights. It also prevents any form of forced labor or any practice that falls within the framework of human trafficking in accordance with the laws issued by the state or ratified by agreements.

Within the system and the law, the assistant worker is entitled to a weekly rest day as determined by the executive regulations of this Decree-Law, while he may be employed on his weekly rest day. For the worker for 12 hours a day, of which at least eight hours must be continuous.

The annual leave should not be less than 30 paid days for each year, and if the assistant worker is employed during all or part of his annual leave, and the period is not carried over to the following year, the employer must grant him his wages plus a leave allowance equal to his wages for the days he worked in That period, bearing in mind that the assistant worker may not be employed during his annual leave more than once during two consecutive years.

If the assistant worker wishes to travel to his country to spend his annual leave, the employer shall bear the value of his return ticket once for every two years, and if the two parties agree to terminate or not renew the employment contract after the annual leave, the employer shall bear his one-way ticket only.

The law grants the assistant worker the right to transfer to a new employer, provided that all contractual requirements contained in the contract are fulfilled, taking into account the rights of the original employer, and in accordance with the conditions and procedures in force in the Ministry. Decree-Law and its Executive Regulations.

In the event of a dispute between the employer and the assistant worker and the inability to settle it amicably, it must be referred to the Ministry of Human Resources and Emiratisation, which has the right to take whatever it deems appropriate to settle the dispute amicably in accordance with the procedures stipulated in the executive regulations of this Decree-Law, and if an amicable settlement is not possible within The specified period, the dispute is referred to the competent court.

The law obliges both parties to the contract with approved occupational health and safety requirements and health prevention methods in accordance with the provisions of the executive regulations of this decree and any other legislation in force in the country.

The law also stipulates that the contract is concluded between the office for the recruitment of domestic workers and the employer to regulate the obligations related to the recruitment of the domestic worker, provided that this contract includes in particular the period specified for the implementation of the recruitment procedures and the conditions specified for the employer in the domestic worker whom the office is assigned to recruit, in addition to the basic rights and obligations that It is obligated by the employer towards the worker, especially the type of work, the amount of wages and the financial obligations necessary for the transfer of the auxiliary worker from his country to the state, and in return for the services due to the office.

The law allows the employer to refuse to employ the domestic worker he has brought in if the domestic labor recruitment office violates the terms agreed upon in the contract. In this case, the provisions stipulated in the executive regulations of this Decree-Law and any relevant decisions issued by the Ministry regarding the provision of an alternative domestic worker or refund shall apply. Recruitment fees for the employer, without prejudice to the right of the employer to claim compensation from the recruitment office for any damage he may incur due to breach of contract.

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