Tuesday, 02 January 2024 12:17 GMT

UAE Lists 19 Occupations Falling Under Domestic Worker Category


(MENAFN- Khaleej Times) UAE's official government platform has released a list of 19 occupations that fall under the domestic workers category. In the Emirates, authorities constantly urge the public to recruit domestic workers only through agencies licensed by the Ministry of Human Resources and Emiratisation.

Laws in the country also list out obligations of the agencies, employers, and rights of employees; not complying with these laws carry hefty penalties. In addition, if a dispute arises between the employer and the domestic worker, either party may submit a labour complaint to the ministry.

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The ministry will attempt to resolve the complaint, and if resolution is not possible, the matter will be referred to the competent court. According to UAE's government platform, the latest list of domestic workers includes 19 categories, which are as follows:

Stay up to date with the latest news. Follow KT on WhatsApp Channels. Housemaid

Sailor

Guard

Shepherd

Jockey

Tamer

Falcon care-taker

Worker

Housekeeper

Cook

Nanny/babysitter

Farm worker/grower

Gardener

Personal trainer/coach

Private tutor

Home nurse

Personal assistant

Private agricultural engineer

Personal/family driver

What are domestic workers entitled to?

According to Federal Decree-Law No. (9) of 2022 On Domestic Workers, they are entitled to the following:

    A paid weekly rest day: If the domestic worker is asked to work on the rest day, they must be given alternative day of rest or payment of the equivalent of a day's wage.

    Daily rest for the worker of not less than 12 hours per day, of which eight must be consecutive

    Paid annual leave of 30 days in a year. It shall be paid before it is taken. If the service period is from 6 months to 1 year, the worker should get a two-day leave for each month of service

    Round-trip ticket to home country once every two years, or one-way ticket if the two parties agree to terminate employment agreement after annual leave

    Payment of wages, as set out in the standard contract, within 10 days from due date

    Adequate housing and subsistence

    No more than 30 days of sick leaves per year: First fifteen days shall be paid. b. The following (15) fifteen days shall be half-paid.

    Possession of their personal identification papers such as passports, IDs etc.

Obligations of recruitment agencies
    Before bringing a domestic worker out of their country, agencies must inform the employee of the type of work, wages, and obtain proof of worker's physical capabilities, health, and psychological and professional preparedness

    Conduct necessary medical examinations for the worker within a period not exceeding 30 days prior to their entry into UAE

    Familiarise worker with societal customs and traditions in UAE, raise worker's awareness about authorities to whom they can submit complaints

    Treat the worker in a good way and protect them against violence.

    Ensure that the worker receives their wages in accordance with the mechanisms and channels specified by the Ministry.

    Bear the expenses of returning the worker to the worker's country, and provide a substitute for them or refund the amounts paid to the employer

Recruitment agencies cannot demand, by itself or through third parties, or accept from any worker, any commission in return for obtaining the work or charge them any expenses.

Obligations of employers
    Provide suitable accommodation, meals and appropriate clothes for the worker

    Bear costs of the medical treatment for the worker, or provide health insurance

    Treat the worker in a good manner, and refrain from requiring the worker to work for others

    Pay necessary compensation resulting from work injuries and occupational diseases

    Refrain from employing the worker in a profession different from the nature of their work except with their consent

    Pay the heirs of the worker, who died during service. The payment should include the wage for the month in which the worker died, plus any other entitlements

    Refrain from receiving, directly or indirectly, any amounts or prices from the worker

    Notify the ministry of any violation by the worker

Obligations of workers

The worker shall abide by the obligations contained in the Employment Agreement, along with the following:

    Perform the work by themselves according to the direction of the employer, exercise necessary care and not stop working without an acceptable excuse

    Preserve the employer's property, work tools, and all that is in their custody or at their disposal, fully take care of them, and take all necessary measures to preserve them and their safety

    Respect the privacy of the workplace and not disclose secrets that are known to them by virtue of their work, even after its completion

    Refrain from using work tools outside the workplace without the approval of the Employer. Keep such tools in the places designated for them

    Provide necessary aid and assistance in cases of disasters and dangers that threaten the workplace or the safety of those inside it

    Refrain from working under any form except under a work permit issued to them by the Ministry and in accordance with the terms of such permit

Penalties

Penalties for the domestic worker law violations are hefty, and go up to Dh10 million. Some of them are as follows:

Up to 6-month jail, fine between Dh20,000 and Dh100,000

This applies to those who:

    Provide incorrect information or documents with the intention of recruiting a worker to the state.

    Obstructs or prevents an official assigned to enforce the provisions of this Decree Law and its Executive Regulations and the decisions issued, whether by using force, violence or threatening to use the same

    Divulges a work secret that they had come to know by virtue of their work as a public servant charged with enforcing the provisions of this Decree-Law and its Executive Regulations and the decisions issued to implement them, even after leaving the job

Fine between Dh50,000 and Dh200,000

This applies to those who:

    Hire a worker who is not authorised to work for them.

    Recruit or hire a worker, and then leaves them without work

    Use work permits for workers for purposes other than those for which they are issued

    Close or ends the business of a Worker Recruitment Agency without taking the procedures for settling the workers' rights

    Recruit a worker under the age of 18 Gregorian years in violation of the provisions hereof

    Facilitate the worker's abandonment of work, provide them with shelter for the purpose of exploiting the worker, or provide the worker with unauthorised employment

Up to 1-year jail, fine between Dh200,000 and Dh1 million

This applies to anyone who:

    Engages in the activity of any mediation or temporary employment of workers without a licence

    Exploits or misuses the electronic powers granted to them to access the Ministry's systems, or enables others to do so, resulting in a breach of the procedures, work relationships, or the Ministry's systems

Penalties up to Dh10 million
    Fines between Dh5,000 and Dh1 million can be imposed on anyone who violates any provision of the Decree-Law or its Executive Regulations or the decisions implementing them. The fine shall be multiplied by the number of workers in respect of whom the violation occurred, up to a maximum of Dh10 million

    A recruitment agency that fails to comply with any of the provisions of this Decree-Law or its Executive Regulations or the decisions implementing them, shall be punished with a fine between Dh50,000 and Dh200,000

    If a violation is committed again before the lapse of one year from the date of the judgment, the penalty shall be doubled for the offender.

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