Tim Elliott
Hello and welcome to Lawgical, the UAE’s first and only regular legal podcast. My name’s Tim Elliot. Lawgical comes to you from the Dubai-based legal firm, HPL Yamalova & Plewka, here in JLT, Jumeirah Lakes Towers. As always, the Managing Partner, Ludmila Yamalova, is with me. It’s good to see you as ever.
Ludmila Yamalova
Always happy to see you, Tim.
Tim Elliott
This time, we’re looking at the new law regarding the executive regulations for domestic workers. We’ve discussed this a number of times, Ludmila. The new law is dated November 30, 2022, published in the official Gazette in December, and received by your office just after the New Year. You’re currently reviewing this new piece of legislation, comparing it to the previous law. Let’s look at some of the highlights today. I want to start with an overview of the domestic workers’ law. This is Federal Decree Law Number 9 of 2022 about domestic workers, and it amends and replaces previous laws. The previous law was from 2017 and came into effect on December 15, 2022. We discussed it on Lawgical back in November. Just briefly, could you recap the headlines of that law to set the context?
Ludmila Yamalova
The new law, Decree Law Number 9 of 2022 regarding domestic workers, replaced the previous law from 2017. The 2017 law is no longer in effect due to this new domestic workers’ law from 2022.
The law introduced executive regulations and decrees to further clarify or explain certain parts of the main law. This approach is typical not just in the UAE but in other jurisdictions as well. The main law serves as a skeleton or framework for a legal initiative, and subsequent decrees or resolutions specify and refine its details.
We’ve discussed the new domestic workers’ law in a previous podcast, highlighting its benefits and differences from the old law. For the most part, the new law clarified, restructured, and organized rights and benefits for domestic workers versus their employers, who could be either individuals or recruitment agencies.
The previous law placed greater emphasis on recruitment agencies and their obligations towards employers, with less focus on the rights of domestic workers. The new law is more defined, offering clear guidance on the rights of domestic workers and the responsibilities of employers. It’s easier to follow and ensures better protection for domestic workers, such as nannies, drivers, cooks, chefs, and personal trainers—essentially anyone hired to address a family’s personal needs.
One notable difference in the new law is how it addresses end-of-service benefits.
Tim Elliott
We’ve discussed the concept of end-of-service benefits before. How has this changed with the new law?
Ludmila Yamalova
End-of-service benefits, the UAE’s version of a pension plan, are a well-known entitlement for employees in both the private and public sectors. Historically, domestic workers were excluded from these benefits until 2017, when a specific law was introduced. Under that law, domestic workers were entitled to two weeks of salary for every year of service, paid every two years, coinciding with contract renewals.
This was a significant benefit, but many employers either weren’t aware of it or chose to ignore it. The 2022 law, however, has removed the explicit provision for end-of-service benefits. Instead, it states that such benefits will be defined in future regulations. A cabinet resolution, Number 106 of 2022, was issued to outline executive regulations for the law, but it is silent on the matter of end-of-service benefits.
The conclusion is that, as of now, there is no legal basis for domestic workers to claim end-of-service benefits unless a future resolution reintroduces this entitlement.
Tim Elliott
Okay. We’ll revisit this topic if new developments arise. One of the key changes in the new law is the concept of employee consent. What does that entail?
Ludmila Yamalova
The new law states that domestic workers can only work for an employer’s second-degree relatives, and even then, only with the worker’s consent. Previously, it was common for domestic workers to be sent to work for extended family members without clear consent or understanding.
Under the new law, if I hire a nanny for my children, I cannot assume she can work for my uncle or aunt. Even if I want her to work for my mother, I must get her consent. This ensures clarity for domestic workers about who their employer is and provides them with greater autonomy.
Tim Elliott
Let’s talk about the penalties introduced in the new regulations. What’s new here?
Ludmila Yamalova
This is a significant improvement. The new law introduces a list of penalties that the Ministry of Human Resources and Emiratisation (MOHRE) can impose on employers. These penalties address violations such as failing to pay salaries on time, withholding documents, or not providing proper working conditions.
The system for imposing penalties has also improved. MOHRE can now enforce penalties directly through its employee registration system, without requiring a court process. This makes it much easier to hold employers accountable and ensures better compliance with the law.
Tim Elliott
That wraps up another episode of Lawgical. Today, we covered the executive regulations for the domestic workers’ law in the UAE. There’s also a full podcast on the new domestic workers’ law available. Our legal expert, as always, Ludmila Yamalova, Managing Partner at Yamalova & Plewka. Thank you.
Ludmila Yamalova
Thank you, Tim.
Tim Elliott
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