Domestic Workers Law

Tim Elliott:
Welcome to Lawgical, the UAE’s first and only legal podcast from here in the Emirates. My name is Tim Elliott. Lawgical comes to you from the Dubai-based legal firm HPL, Yamalova & Plewka. And as always, the managing partner is Ludmila Yamalova. It’s great to see you.

Ludmila Yamalova:
Great to be here with you, Tim.

Tim Elliott:
This time, Ludmila, the new Domestic Workers Law—number 9 of 2022—is news. It’s a federal decree amending and replacing the previous law, number 10 of 2017, on domestic workers. It comes into effect on December 15, 2022, just a couple of months from now. Let’s start with the headlines. What are they here?

Ludmila Yamalova:
Well, indeed, great news and perhaps not unexpected since the UAE labor law, or employment law, has recently been changed. That law applies to the private sector, whereas domestic employees have historically been covered by a different body of law. That was the Domestic Workers Law, issued in 2017, which had not been updated until now.

So, perhaps it’s not unexpected that in light of the fairly significant changes to the UAE Employment Law for the private sector, we would see some amendments or updates to the Domestic Employees Law as well. And voilà, we’ve got it.

As you rightfully said, until now—or technically until December—the authority that governed the rights and obligations of domestic workers in the UAE was Law Number 10 of 2017. Just as a reminder, domestic workers in the UAE include anyone who lives with a family and takes care of their members and needs, such as nannies, maids, chefs, drivers, gardeners, and others. They all fall under this category and are sponsored as domestic employees.

In September, we received the new law—Law Number 9 of 2022—which replaces the previous one. This law was published in the Official Gazette on October 10, 2022, and will come into effect on December 15, 2022.

Tim Elliott:
So, this law essentially replaces the old one. What are the big takeaways, especially compared to the previous law?

Ludmila Yamalova:
Yes, this law does not just amend the previous one but entirely replaces it, including any executive regulations, decrees, or circulars issued under the previous law.

At a high level, while there are no dramatic changes, the new law does a great job of spelling out rights and protections for employees and obligations for employers in a much clearer and more accessible manner. It consolidates various provisions into one document, making it easier to read and understand.

One interesting addition is the stated objectives of the law, which were not included in the previous version. For example:

1. It aims to create an equitable balance between the parties.
2. It seeks to maintain a safe and healthy working environment in compliance with both local laws and international agreements.
3. It emphasizes that the rights stipulated in this law are the minimum benefits and protections, and employers are free to agree on greater benefits.

Tim Elliott:
That’s interesting, and it sounds like a more balanced approach. What about specific provisions?

Ludmila Yamalova:
The law addresses two main categories of employers:

1. Recruitment agencies.
2. Individual employers or families hiring domestic workers directly.

It mandates that all recruitment agencies be properly licensed, and it holds them to an even higher standard than individual employers. For example, agencies must:

• Treat domestic workers with respect and courtesy.
• Ensure no discrimination, harassment, or forced labor.
• Provide decent accommodation, meals, and necessary clothing.

Domestic workers, in turn, are entitled to:

• Monthly salary payments within 10 days of the due date.
• No salary deductions except by court order, and even then, no more than 25% of the salary.
• Annual leave of 30 days.
• A weekly day off.
• Sick leave (15 days fully paid, 15 days half paid).

Tim Elliott:
And what about the transfer to a new employer? That’s often a contentious issue.

Ludmila Yamalova:
The law clearly states that domestic workers can transfer to a new employer, provided they comply with their contractual obligations. Employers are required to provide necessary documents and payments to facilitate this transfer. This ensures workers are not unfairly restricted or left in limbo.

It’s also worth noting that employers have an obligation to educate domestic workers about their rights and how to enforce them if breached.

Tim Elliott:
What happens in cases of disputes or mistreatment?

Ludmila Yamalova:
If a domestic worker faces issues like unpaid salaries, unauthorized deductions, or mistreatment, they can file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE).

If the dispute isn’t resolved through mediation, it can be escalated to court. Importantly:

• Domestic workers don’t pay court fees.
• Cases are resolved expeditiously.
• MOHRE provides a complete file, including contracts and mediation records, to the court, streamlining the process.

Tim Elliott:
Final thoughts on penalties?

Ludmila Yamalova:
The penalties are significant, especially for recruitment agencies, ranging from AED 5,000 to AED 1 million, with possible imprisonment for severe violations. Individual employers are also held accountable for non-compliance, including improper sponsorship arrangements or hiring workers not registered as domestic help.

Tim Elliott:
That’s another episode of Lawgical, this time on the new Domestic Workers Law—Law Number 9 of 2022. Ludmila Yamalova, managing partner here at Yamalova & Plewka, thank you.

Ludmila Yamalova:
Thank you, Tim.

Tim Elliott:
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