قانون العمل / التوظيف في الإماراتقرار مجلس الوزراء بشأن اللائحة التنفيذية للمرسوم بقانون اتحادي بشأن عمال الخدمة المساعدة

Article (1) Definitions The definitions set out in Federal Decree-Law No. (9) of 2022, referred to hereinabove, shall be applied; otherwise, the following words and expressions shall have the meanings assigned thereto respectively, unless the context requires otherwise: Law : Federal Decree-Law No. (9) of 2022 on Domestic Workers. Preliminary Agreement : A written agreement between a Domestic Worker recruitment office and a Recruitment Agency abroad, which provides for the conditions and qualifications to be fulfilled by the Domestic Worker, based on the agreement concluded

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Law of 2022 on Domestic Work…

Article (2) Domestic Worker Occupations The Domestic Worker occupations governed by the provisions of the Law and the present Resolution shall be according to Schedule No. (1) attached to the present Resolution.

Article (3) Conditions for Licensing Domestic Worker Recruitment Offices 1. The following conditions shall be fulfilled to obtain a license for a Domestic Worker recruitment office: a. A person in a sole proprietorship or any partner in a legal person has never been convicted of a crime involving moral turpitude or breach of trust, a human trafficking crime or the crimes set forth in the Law, unless he has been rehabilitated, if he is sentenced to a custodial penalty or following the lapse of one year from the judgment date if a fine is ruled. b. The sole proprietorship or legal person shall provide to the Ministry a bank guarantee in an amount not less than, throughout the effective term of…

Article (4) Obligations of Domestic Worker Recruitment Offices In addition to the obligations prescribed for Domestic Worker recruitment offices set out in Articles (4) and (5) of the Law and the resolutions issued by the Ministry, they shall comply with the following: 1. Before having a Domestic Worker recruited for employment in the State, a Domestic Worker recruitment office shall: a. Have the Domestic Worker medically examined to ensure his medical fitness for the work he will perform, in terms of his physical, mental, and psychological ability, and that he does not suffer from any chronic or infectious disease, as per the cases identified by the accredited medical authorities in the Sta…

Article (5) Procedures for Licensing Domestic Worker Recruitment Offices and Renewing Their Licenses The Minister shall issue a resolution stating the procedures and conditions for issuing and renewing the licenses of Domestic Worker recruitment offices, as well as the cases and procedures of suspension or revocation of their licenses.

Article (6) Cases of Refunding the Fees for Recruiting the Domestic Worker to the Employer 1. A Domestic Worker recruitment office shall refund to the Employer the amount, in whole or in part, paid by the latter in any of the following cases: a. Lack of occupational competence and lack of good conduct of the Domestic Worker throughout the Probation Period. b. In case that the Domestic Worker terminates the contract or leaves the work in cases other than the ones set out in Article (10) of the present Resolution. c. In case that the contract is terminated by the Employer for non-fulfillment of the conditions agreed upon in the Preliminary Agreement or the contract concluded between the Employ…

Article (7) Arrangement of Working Hours and Daily Rest The Employer may arrange the Domestic Worker’s working hours to carry out the work assigned over the day, as required by the nature of work or housework; provided that the daily rest period of the Domestic Worker is not less than (12) twelve hours a day, including

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Law of 2022 on Domestic Workers 9 at least (8) eight consecutive hours. Times spent by the Domestic Worker without work, break time or food time shall not be calculated within the actual working hours.

Article (8) Weekly Rest A Domestic Worker shall be entitled to one-day weekly rest to be determined as agreed upon between him and the Employer. However, the Employer may employ the worker on the day of weekly rest; provided that the worker is entitled to another rest day alternative to the one he worked on or to compensation equivalent to the wage of such day, taking into account that a worker may not be employed for more than two rest days in two consecutive weeks, unless otherwise agreed upon.

Article (9) Temporary Employment and its Conditions 1. The provisions of the Law shall apply to a Domestic Worker who is employed on a Temporary Employment basis, with regard to governing his relationship with both the Domestic Worker recruitment office and the Beneficiary. 2. The Temporary Employment shall be subject to the following conditions: a. The Domestic Worker recruitment office shall be licensed pursuant to the provisions of the Law and its Executive Regulations. b. The Domestic Worker who works on the basis of Temporary Employment shall reside at the Workplace identified by the Beneficiary, unless otherwise agreed upon between both the Beneficiary and the Domestic Worker recruitme…

Article (10) Cases of the Domestic Worker’s Leave of Work 1. A Domestic Worker may leave work in the cases indicated below, while reserving his rights, two weeks after notifying the Ministry of any of such cases, and the Employer’s failure to address the reasons for leaving the work, namely: a. Reduction of his Wage below the agreed wage indicated in the Employment Agreement. b. Failure of the Employer to fulfil their obligations under the Employment Agreement. 2. A Domestic Worker may leave the work without notice if he is assaulted or humiliated by the Employer or the Employer’s representative or in any form of sexual assault punishable under the legislation in force in the State. In all c…

Article (11) Work for Third Parties 1. A Domestic Worker may work for any person other than the employer, or the Beneficiary mentioned in the Employment Agreement only according to the procedures identified by the Ministry. 2. Notwithstanding Clause (1) of this Article, a Domestic Worker may be allowed to work with any relative of the Employer up to the second degree, subject to the Domestic Worker’s consent.

Article (12) Occupational Health and Safety Requirements 1. The Employer and Domestic Worker recruitment offices shall inform the Domestic Worker, upon his employment, of his occupational hazards and the means of prevention that shall be adopted by him and shall provide him with personal protective equipment against occupational hazards and diseases, such as wears, gloves, shoes and other tools and means that ensure his health and physical safety. Moreover, the Employer shall provide necessary measures to protect the worker from occupational hazards and diseases. 2. The Domestic Worker shall comply with the instructions related to employment security and safety and shall use preventive equip…

Article (13) Settlement of Disputes 1. If a dispute arises out between the Domestic Worker and the Employer and they fail to settle it amicably, they shall refer it to the Ministry through the channels determined by the Ministry.

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Law of 2022 on Domestic Workers 12 2. Once the Ministry receives the dispute, it shall follow the following procedures: a. Present the dispute to the competent department at the Ministry or any other entity determined by the Ministry, which shall serve a notice to the parties to the compliant at the address mentioned in the compliant file to appear before it. Where no address…

Article (14) Adjustment of the Domestic Worker’s Status A Domestic Worker whose work permit is revoked or has expired shall adjust his status or leave the State, pursuant to the laws, regulations and resolutions applicable in the State in this regard.

Article (15) Cases of Suspension of the Employer’s File The Ministry may suspend an Employer’s file in one of the following cases:

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Law of 2022 on Domestic Workers 13 1. Where the Employer commits a material breach of its obligations established by the Law, the present Resolution and the resolutions issued by the Ministry, or the Agreement concluded with the Domestic Worker. 2. Failure to pay the Wage agreed upon in the Employment Agreement for more than two months. 3. Where it is proved that the Employer or one of his family member has assaulted or exposed the Domestic Worker to violence or harassment…

Article (16) Administrative Penalties 1. Subject to the provisions related to the penalties set out in the Law, if the obligations set out in the Law and the present Resolution are breached, the Ministry may impose the administrative penalties set out in Schedule No. (2) attached to the present Resolution to persons or Domestic Worker recruitment offices. 2. Persons or offices subject to the administrative penalties set out in Schedule No. (2) attached to the present Resolution may file a grievance according to the mechanisms approved by the Minister.

Article (17) General Provisions 1. The provisions of this Resolution shall apply to Agreements to be concluded after the provisions thereof enter into force and shall apply to Agreements concluded before the entry into force upon the renewal of such Agreements or residence. 2. The Minister shall be authorized to issue a resolution determining the minimum monthly salary/income of a foreign resident if he desires to recruit or employ a Domestic Worker, and he may set any other controls in this regard.

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Law of 2022 on Domestic Workers 14

Article (18) Repeals Cabinet Resolution No. (22) of 2019 Issuing the Executive Regulations of Federal Law No. (10) of 2017 on Domestic Workers is hereby repealed. Moreover, any provision repugnant or contradicting the provisions of this Resolution is hereby repealed.

Article (19) Implementing Resolutions The Minister shall issue the resolutions necessary for implementing the provisions of this Resolution.

Article (20) Publication and Enforcement This Resolution shall be published in the Official Gazette and shall enter into force as of the date of entry into force of the Law. Mohammed bin Rashid Al Maktoum Prime Minister Issued by us: On: 06 Jumada Al-Awwal 1444 AH Corresponding to: 30 November 2022 AD

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Law of 2022 on Domestic Workers 15 Schedule No. (1) Occupations of Domestic Workers Annexed to Cabinet Resolution No. (106) of 2022 Concerning the Executive Regulations of Federal Decree-Law No. (9) of 2022 on Domestic Workers Occupations of Domestic Workers 1 Servant 2 Sailor 3 Janitor 4 Herder 5 Parkin…