The Emirates imposes new controls regarding the recruitment of approved foreign workers

Ahmed Moawad - | UAE

The UAE's Ministry of Human Resources and Emiratisation has imposed additional restrictions on the recruitment of approved and licenced workers to the UAE.

The Ministry urged employers and national and resident families to deal with Ministry-approved and licenced domestic labour recruitment offices in order to protect their rights and benefit from the benefits provided by these offices, which operate under standards and controls that ensure the rights of all parties.

The new law protects all parties' rights.

In a press release issued yesterday, the ministry stated that it "deals firmly with recruitment offices that are found to be practising this activity without obtaining the necessary licences from the ministry in accordance with legal frameworks," adding that it "is examining complaints received from dealers related to licenced offices in accordance with the law and its executive regulations, and in what is preserved rights of all parties."

Customers were encouraged to visit the Ministry's website and check the list of approved and licenced offices (on the "Services" page, then "Authorised Service Centres") or through the Ministry's "Bio" on its social media accounts.

The Ministry advises against doing business with unaccredited offices.

The Ministry has issued a warning regarding the potential legal consequences, as well as the social and health hazards, faced by citizen and resident families who engage with unaccredited offices. These risks primarily pertain to the acquisition of untrained helpers and the absence of any assurances for the helpers beyond those offered by Ministry-approved offices.

The Ministry enforces stringent and incremental administrative penalties on licensed establishments that contravene legal regulations. The severity of the breach determines the corresponding punishments, which involve the suspension of services for the office in violation and the revocation of its license.

A list of legal breaches and administrative sanctions in the event of noncompliance.

The list of violations and administrative penalties attached to Cabinet Resolution No. 106 of 2022 regarding the executive regulations of Federal Decree Law No. 9 of 2022 regarding domestic service workers specifies several financial fines facing licenced recruitment agencies in the event of noncompliance with the law, including a fine of 2000 dirhams (per case). If the office fails to reimburse all or part of the recruiting amount to the employer within the time frame allowed in the legislation (two weeks from the date of returning the domestic worker to the domestic labour recruitment office or reporting his absence from work).

A fine of 10,000 dirhams is also imposed if the recruitment office deals with any employment agency, person, office, or unlicensed entity in the country, or in the country from which the domestic worker is recruited, or deals with any of the external parties prohibited by the Ministry.

The regulation also requires a fine of 5,000 dirhams (per case) if the recruitment office collects more than what is determined by the laws, regulations, and ministerial directives issued in this regard.

The Benefits of Dealing with Accredited Labour Offices in the UAE

The Ministry confirmed that one of the benefits that the customer receives from the approved offices is a two-year guarantee for the helper in the event of his interruption or refusal to work, and a portion of the recruitment costs are recovered in the event of two cases occurring during the post-trial period until the date of the contract's termination, namely: the worker's termination of the contract; and the worker's termination of the contract. After the probationary period without a genuine reason, or if he left the position without an acceptable explanation, these payments are determined based on the remaining contract time in months from the total recruitment cost.

The Ministry-approved and licenced recruitment offices offer a variety of packages based on the needs and requirements of employers and national and resident families, including the "traditional package" in which the worker registers on the employer's file and resides with him for the duration of the contract period of two years, which is the period during which the office guarantees the assistant worker so that this package is available to the employer. Work is to replace the worker or recoup the costs of recruitment if any of four events occur during the first six months of the contract (the probationary period). In addition to his incapacity to complete his work obligations as required and agreed upon.

temporary identification card

The offices also provide a "temporary package" in which a trained and competent assistant worker is provided within 24 hours and is registered with the office for a two-year contractual duration.

Adaptable card

The offices also provide the "flexible package," which allows an auxiliary worker registered with the recruitment office to work in a flexible system (hours - days - week - month), and the cost of recruitment is determined by the type of employment, based on a set of benefits that include the provision of qualified and trained auxiliary workers an unlimited number of times. For replacement, and the maximum period for providing the worker is 24 hours.

Legal rights of housekeepers in the UAE

  • The salary that was agreed upon in the contract between the two parties, and making sure that it is paid within 10 days of when it was due.
  • One day of paid rest every week
  • Taking into account the worker's daily rest and the fact that he or she must work at least 12 hours a day, 8 of which must be straight, 30 days of paid yearly leave must be given.
  • Having health insurance paid for by the company
  • 30 days of sick time per year
  • A round-trip flight paid for by the recruiter once every two years
  • good homes
  • The head of the family had to pay for good food.
  • If required, the head of the family would have to pay for the clothes that the worker needed to do the job.
  • Keep your passport and other personal papers in the hands of the head of the family.

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Ahmed Moawad
Ahmed Moawad
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