Emirates makes progress on workers' rights
The UAE has a new federal decree law number 9 for 2022 that covers all aspects of domestic labour law and guarantees the rights of all parties in a relationship whether it is between workers, employers or recruitment agents. It covers working hours, weekly breaks, holidays for domestic workers and affirms the right of domestic workers to one day off per week. The law also includes that daily breaks may not exceed twelve hours, including eight hours of work.
In favour of the law, executive orders issued by the Emirati Ministry of Human Resources will be responsible for the organisation of working hours and holidays. In relation to annual leave, the right to receive 30 days is established, in the case that the worker is between 6 months and a year worked, 2 days will be given per month worked, where it will be the worker himself who will indicate the starting date of the leave.
Another benefit for the employees, provided that there is some kind of agreement between both parties, is the payment of one of the return tickets in the event that the employee goes on holiday to his or her country of origin, a payment that would be obliged to be paid at least once every two years. In the event of non-receipt of annual leave, the employee is entitled to receive the cash equivalent.
The decree law also includes a leave of absence in which the employee has 30 days a year in which, if he/she is unwell, as long as it is confirmed by a health expert, he/she cannot be dismissed from his/her job. Within the decree we also find that different agreements are being drafted which will include rights such as minimum health conditions and adequate accommodation for domestic workers, as well as adequate food and clothing with which they can carry out their duties, pay wages according to the conditions of each employee and include the price of medical treatment in case of illness. The employer's obligations also include the payment of the necessary compensation for work-related injuries and occupational diseases, in accordance with the compensation set out in the provisions of Decree Law No. 33 by 2021 regulating labour relations and labour-related decisions.
The decree-law affirms the right of domestic workers to change their employer on the basis of the requirements set out in their contracts. They will also not be responsible for their worker's expenses on return to their country of origin if they work for another employer. The decree-law states that the employer shall inform the Ministry of Human Resources and Emiratisation of violations committed by a domestic worker against the applicable laws.
The decree also covers the obligations of recruitment agents, such as recruiting workers from their countries of origin after informing them about the type and nature of the work and their wages, as well as the need to provide evidence of their psychological and professional well-being. Recruitment agents must also arrange for the necessary medical examinations for domestic workers no later than 30 days before their entry into the country. Agents must also provide domestic workers with a booklet detailing their wages or other related information to ensure that they receive the correct wages, in accordance with mechanisms established by the Ministry of Human Resources and Emiratisation.
The decree law prohibits both labour recruitment and employment of domestic workers under the age of 18. They cannot be employed in jobs that are not covered by the provisions of the decree. If domestic workers are hired or employed on a temporary basis, they may not be discriminated against on the basis of colour, race, religion, nationality, social class or disability.
