Determines the procedures for guarantees for the employer and the mechanism for their application

«Human Resources»: Issuing the regulation of the domestic labor law this month

The office bears the repatriation of the worker to his country if he decides that he does not wish to work.

archival

The head of the Monitoring Department at the Ministry of Human Resources and Emiratisation, Ahmed Al Hosani, stated that the ministry will issue, this November, the executive regulations for Federal Decree-Law No. 9 of 2022, regarding domestic workers, which will come into force as of December 15, and the executive regulations will clarify the employer’s guarantees. , when recruiting an assistant worker, the procedures regarding them, and the mechanism of their application, indicating that the law sets a guarantee for a period of six months or two years, and the details will be clarified in the executive regulations.

Al-Hosani said that the decree-law included in Article (8) setting up a probationary period for the assistant worker not exceeding six months, starting from the date the assistant worker received his work, and during this period the worker is subjected to the trial to ensure that the requirements requested by the employer, in terms of the worker’s ability to perform With the tasks required of him, even if he is fit to work, and it can be agreed that the probation period be less than six months, pointing out that during the probation period the worker is issued residence permit.

He stated that if the worker does not pass the probation period successfully, he will be returned to the office, adding that the executive regulations will determine the method of recovering the amounts paid for the period the assistant worker spent with the employer.

Al Hosani detailed the most important binding and special conditions within the auxiliary employment contracts in Federal Decree-Law No. 9, the law issued on the fifth of last September, clarifying a set of requirements and obligations on recruitment agencies, whether towards the employer (beneficiary) or auxiliary workers, including that the recruitment office must Concluding a contract between him and the employer (the beneficiary), regulating the obligations between the two parties regarding the recruitment of domestic workers, according to a form approved by the Ministry.

The office also entails bringing the assistant worker as determined and agreed upon between him and the employer prior to recruitment, and providing evidence of the worker’s fitness and health and professional condition, in a manner that guarantees his safety while performing work at the employer’s home, and not collecting any amounts from the assistant worker in exchange for his employment or Providing a job opportunity, and providing an alternative or refunding the amounts to the employer in the event that the assistant worker does not pass the requirements that were agreed upon from the outset.

The office bears returning the worker to his country if he decides that he does not want to work, as he returns to the recruitment office, and the office is concerned with his travel procedures to his country and not the employer, and the office is committed to providing temporary housing for the worker, whether before the employer receives him or if he is returned from The employer accepted to the office again, as the office is responsible for providing adequate housing for the worker until he is transferred to an employer (beneficiary), as well as handing over to the employer a brochure, through which the employer can prove that he has paid the wages of the auxiliary workers, and it is a guarantor of the right of the employer In giving the worker his wages in the event of a dispute, and finally raising awareness and acquainting the worker with the customs and traditions of the state, and with the concerned authorities, in the event of any insult or assault on the worker, he can resort to, including the Ministry, whose number is 600590000.

Al Hosani said: “In order for the employer to obtain the guarantees guaranteed by the law (the Domestic Workers Law), a number of points must be adhered to, including: First, recruitment must be from offices approved by the Ministry and licensed to engage in recruitment activity, and the employer can identify these Offices through the ministry's website, or by communicating with the ministry's call center (600,590,000), where he will get a list of offices spread across the country, which currently number 76 offices.

Second, recruitment is according to the packages specified by the ministry in the recruitment offices, and the employer must ensure that this contract that will be signed according to the forms prepared by the ministry regarding recruitment.

Third, the employer must abide by the procedures specified by the ministry until the completion of the procedures for residency of the assistant worker, so that the worker does not remain for a long period without adjusting his status, and then he will receive all the guarantees guaranteed by the law.

He stated that in the event that the office does not comply with these procedures, the employer contacts the ministry through the call center or the ministry’s website, to file a complaint against the recruitment office, and the concerned team in the ministry will discuss his complaint, and the two parties (the employer and the office) will be contacted, to provide Rights are obligations of both parties, and reach an amicable settlement between the two parties.

As for the obligations of the assistant worker, Al-Hosani explained that the worker is obliged to observe the customs and traditions in the state, adhere to public morals, respect privacy, not divulge secrets, work in accordance with the employer’s instructions and directions throughout the contract period, and not leave the employer’s home except after informing him or clarifying Reason for leaving work.

auxiliary worker rights

Head of the Oversight Department at the Ministry of Human Resources and Emiratisation, Ahmed Al Hosani, indicated that the law guaranteed the assistant worker several rights, most notably: the right to a monthly wage, as he must receive his monthly salary within 10 days from the date of entitlement, and daily rest hours of no less than 12 hours, Provided that it is eight hours continuously, and a weekly rest for the assistant worker, or an alternative day for this rest, according to what is agreed between him and the employer, and the worker has the right to an annual paid leave of 30 days, provided that the date of its start and end is in agreement between the two parties The assistant worker must inform the employer of his desire for annual leave, whether after one or two years. , in the interview rooms available in the recruitment halls.

The law sets a probationary period for the assistant worker not to exceed 6 months starting from the date the assistant worker takes over his work. 

Follow our latest local and sports news and the latest political and economic developments via Google news