Welcome to Lawgical, the UAE’s first and only legal podcast. My name is Tim Elliott. Lawgical comes to you from the Dubai-based legal firm HPL Yamalova & Plewka. As ever, here is the managing partner, Ludmila Yamalova. Great to see you.
Ludmila Yamalova
Great to see you too, Tim.
Tim Elliott
This time, a podcast specifically for anyone working in a domestic role—for example, a housemaid. This is a step-by-step look at the process of how to file a case against employers and claim benefits back if necessary. Now, Ludmila, it’s a hard topic to discuss, to make it palatable, because it’s a daunting thing to do, I guess, for people to file an employment case entirely on their own. That’s a tough one.
Ludmila Yamalova
It is a tough one, for that reason but also because of the category of employees that we’re talking about. At the end of the day, we’re talking about domestic employees—domestic workers like housekeepers, nannies, chefs, gardeners, and others. Perhaps not entirely, or in many ways not, highly skilled employees. Though amongst these people, there are educated, skilled, and talented professionals, many choose this path to support their families.
By virtue of the nature of their work, the majority are not necessarily highly educated and often don’t have access to information, especially legal information about their rights. One of the great things about this country is its extraordinary privilege of having a significant workforce of migrant workers. These workers come here to earn a living and support their families abroad while providing a talent pool that helps drive the economy here.
Let’s face it: we are all beneficiaries of this on a daily basis. Whether it’s having extraordinary nannies who allow us peace of mind or services that delivered everything to our doorsteps during lockdown—from fine dining to exercise equipment—this was all possible because of the workforce in this country.
Until 2017, however, these domestic workers were not covered under a specific body of law. They were excluded from the labor law and fell under the jurisdiction of immigration authorities. This meant they lacked clear legal authority to rely on for understanding or enforcing their rights.
In 2017, the UAE introduced the Domestic Workers Law (Federal Law No. 10 of 2017), which specifically addresses domestic workers’ rights and the obligations of their employers. Since then, additional regulations have been passed. Today, there is clear legal authority providing detailed provisions for their benefits, including rest days, holidays, and fair treatment.
Tim Elliott
That’s an important step. Now, let’s break down the process for filing a case against an employer. It seems there are three real steps or stages to go through. Let’s make this as simple as we can. Step one is the Ministry of Human Resources and Emiratization (MOHRE) or using their app. That’s the first stage, isn’t it?
Ludmila Yamalova
Exactly. All domestic workers, whether they are directly sponsored by the employer or through a Tadbeer agency, are under the jurisdiction of the Ministry of Human Resources and Emiratization (MOHRE). Each domestic worker has a file registered with the Ministry, and any complaints or disputes must begin here.
There are two ways to file a complaint:
- Through the MOHRE app or website.
- By visiting a Tadbeer center or a typing center.
The app is incredibly accessible, allowing workers to file complaints based on their Emirates ID, work permit number, visa number, or even just their name, nationality, and date of birth. Once logged in, workers can select the type of complaint, such as unpaid salary, passport return, or work permit cancellation, from a dropdown menu. This process is simple, efficient, and available in English.
Tim Elliott
So MOHRE tries to resolve the issue first. What happens if it’s not resolved at this stage?
Ludmila Yamalova
If MOHRE cannot resolve the dispute, they will issue a No Objection Certificate (NOC), allowing the employee to escalate the case to court. At this stage, the worker can file a case online through the court portal or via a typing center.
For claims below AED 100,000, there are no court fees, which is significant for workers often filing cases because they haven’t been paid. The court process is straightforward, conducted mostly online, and aims to resolve cases within weeks.
Tim Elliott
And if the court issues a judgment in favor of the worker, but the employer doesn’t comply, what’s next?
Ludmila Yamalova
That’s when the enforcement process begins. The worker can file for enforcement to seize the employer’s bank accounts, impose a travel ban, or even request an arrest warrant for non-compliance. Enforcement is highly effective and accessible through the court portal or typing centers.
Tim Elliott
This is an encouraging message for workers. The system is there to support them.
Ludmila Yamalova
Absolutely. The laws, tools, and legal frameworks are in place to protect domestic workers and address their grievances efficiently. Workers should not hesitate to use these mechanisms to claim their rights.
Tim Elliott
That’s another episode of Lawgical, this time a step-by-step guide for domestic workers—nannies, housemaids, and drivers—on filing cases against employers and claiming their benefits. Ludmila Yamalova, as always, thank you for your expertise.
Ludmila Yamalova
Thank you, Tim.
Tim Elliott
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