“Human Resources” warned against hiring people under the age of 18

14 days for each year end of service gratuity for domestic workers

• The decree specified the obligations of families towards the assisting worker.

  Emirates today

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The Ministry of Human Resources and Emiratisation confirmed that the decree-law regarding domestic workers obliges employers (families - recruitment agencies) to pay the end-of-service gratuity to the assistant worker if he completes a year or more with the employer, at a wage of 14 days for each year, after the expiry of the period The contract or the work relationship. It stressed the prohibition of recruiting auxiliary workers, or employing anyone under the age of 18 years.In detail, the ministry stated that the decree-law issued by His Highness Sheikh Mohamed bin Zayed Al Nahyan, President of the State, last September, will come into actual application as of next December, to replace Federal Law No. 10 of 2017 regarding domestic workers, stressing that the decree is The new law covers all stages of the work relationship for the category of domestic workers, preserves the rights of all parties, including the sponsor, the sponsored, and recruitment agencies, and defines their obligations towards the other in a balanced manner, in accordance with clear and codified standards and frameworks that are compatible with human rights guaranteed by the state.

And the ministry indicated that the decree defines 19 professions that fall within the scope of domestic service employment, including “employee”, “sailor”, “guardian”, “shepherd”, “sharp”, “busher”, “falconer”, “worker”, “housekeeper” “Cook”, “nanny”, “farmer”, “gardener”, “special trainer”, “private teacher”, “special nurse”, “special representative”, “special agricultural engineer”, “special driver”.

She pointed out that the decree-law committed employers (families) to a number of obligations and duties towards the auxiliary worker, especially in the event of illness, as it required the employer to bear the cost of medical treatment for the worker, using the health insurance card for auxiliary workers in force in the state, and granting the worker sick leave. For rest and treatment, a maximum of 15 paid days per year, and when needed, it can be increased to 30 days, provided that the second 15 days are without pay, pointing out that holidays or sick leave if they overlap with the annual leave are counted among its duration.

And the ministry added that if the contract ends with the illegal interruption of work, the assistant worker will be deprived of the end-of-service gratuity, in addition to providing a ticket for his return to his country, unless he joins work for another employer, or terminates the work relationship with his desire before the expiry of the contract period In this case, the worker is responsible for covering the travel ticket expenses.

The Ministry warned the recruitment agencies of domestic workers against recruiting or employing any person under the age of 18 Gregorian years.

It also warned against engaging in the activity of recruitment or temporary employment of domestic workers except after obtaining the necessary licenses from the Ministry, taking into account the legal conditions necessary for licensing each profession.

And she stressed the need for offices to commit to conducting the necessary medical examinations for the assistant worker within a period not exceeding 30 days at most, prior to his entry into the country.

The offices are also committed to raising awareness and familiarizing the auxiliary worker with the customs and traditions of the society in the country, and to secure appropriate housing and subsistence for the auxiliary workers (whether registered on the office or mediated by the office to recruit them for the period before moving to work, or who have been returned to the office for any reason), taking into account the rules and controls The organization of labor accommodation in the country, and in accordance with any other requirements set by the Ministry of Human Resources and Emiratisation.

The ministry called on the recruitment agencies of domestic workers to treat the domestic worker well, not to expose him to violence, and to educate him about the competent authorities to consider his complaints about any violation of his rights and freedoms.

It also called for handing over to the employer a booklet with receipts of wages or any other mechanism, to ensure that the assistant worker receives his wages, and in accordance with the mechanisms and channels specified by the Ministry.

The obligations include that the office does not demand by itself or through third parties or accept from any assistant worker any commission in return for obtaining the work or to collect any expenses from it, whether before or after starting the work.

Obligations of recruitment agencies and employers

The obligations of auxiliary labor recruitment offices, in accordance with the decree-law, included:

■ Not to bring an assistant worker from his country until he is informed of the type and nature of work and the amount of wages.

■ Availability of evidence of his health, psychological and professional fitness.

■ Meet the conditions specified by the executive regulations of the decree and decisions

Issued by the Ministry of Human Resources and Emiratisation.

As for the most prominent obligations imposed by the new decree-law on the employer towards the auxiliary worker after the expiry of the term of the contract or work relationship, they include:

■ Pay the end of service gratuity to a worker who has completed a year or more with the employer, at the rate of 14 days' wages for each year.

■ bear the cost of the worker's medical treatment, using the health insurance card of the domestic workers. 

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