What Are the Rights of Domestic Workers in Dubai?

 Domestic workers in Dubai, including nannies, housekeepers, drivers, and caregivers, are an essential part of many households. However, historically, domestic workers were not always afforded the same legal protections as other employees in the UAE. In recent years, significant reforms have been made to improve the legal status and rights of domestic workers. The introduction of the UAE Domestic Workers Law in 2017 has provided greater clarity and protection for these workers.

Here’s an overview of the rights and protections for domestic workers in Dubai under the UAE Domestic Workers Law:

1. Definition of Domestic Workers

Under UAE law, domestic workers are defined as individuals employed in a private household to carry out tasks such as:

• Cleaning and housekeeping
• Cooking
• Childcare and elderly care
• Gardening and driving

Domestic workers are typically employed under a specific contract, and the terms and conditions of their employment should be clearly defined to ensure both the worker’s and employer’s rights are protected.

2. Employment Contract

It is mandatory for all domestic workers in Dubai to have a written contract that outlines their working conditions, salary, duties, and other important details. This contract is required to be signed by both the employer and the employee and should be registered with the Ministry of Human Resources and Emiratisation (MOHRE).

• Contract Requirements: The contract should specify:
  • Job description: The specific tasks and duties expected from the domestic worker.
  • Salary: The agreed-upon wage, which must be paid regularly.
  • Work hours: The number of hours the worker is expected to work per day and per week.
  • Rest days: The day(s) off each week and any holidays granted.
  • Accommodation: Details of the living conditions provided by the employer (if the worker resides with the employer).

This contract provides the foundation for enforcing the rights of domestic workers in Dubai.

3. Working Hours and Rest Days

Domestic workers are entitled to reasonable working hours and rest days under UAE law.

• Working Hours: The law states that domestic workers should work no more than 12 hours per day, including rest periods. In exceptional circumstances, the working hours may exceed 12 hours, but the worker should be compensated for any overtime worked.

• Rest Days: Domestic workers are entitled to 1 day off per week, which should be a full 24-hour period. This day off cannot be replaced with monetary compensation. If the worker is asked to work on their day off, they must be compensated at a higher rate for overtime (1.25x the regular wage).

• Annual Leave: Domestic workers are entitled to 30 days of paid annual leave after completing one year of service. If the worker’s contract is terminated before completing a year, the leave is prorated based on the time worked.

4. Salary and Payment

Salaries must be paid on time and in accordance with the contract. Domestic workers have the right to receive their full agreed salary each month.

• Salary Payments: Employers are required to pay salaries at the end of each month, either through bank transfers or other agreed-upon methods. Delayed salary payments are a violation of the law, and workers can file complaints with MOHRE if their wages are not paid on time.

• Salary Deductions: Employers cannot deduct any part of the worker’s salary unless it is for legally justified reasons, such as the worker’s failure to complete their duties or if damage to property is caused by negligence.

5. Accommodation and Food

If the domestic worker resides with the employer, the employer is responsible for providing:

• Accommodation: A safe, clean, and comfortable place to live. The accommodation should provide adequate privacy and meet basic living standards.

• Food: The employer must provide adequate food or allow the domestic worker to purchase their own meals if desired. The employer cannot deduct the cost of food from the worker’s salary unless specifically agreed upon.

6. Health and Safety

Employers are responsible for ensuring that domestic workers are provided with a safe working environment, and domestic workers are entitled to receive medical care if they fall ill or are injured at work.

• Health Insurance: Some employers may provide health insurance to their domestic workers, but this is not always a legal requirement under the law. However, it is advisable for both employers and workers to agree on the provision of healthcare as part of the contract.

• Workplace Safety: The employer must ensure that the home or workplace is free from hazards that could harm the worker’s physical or mental health. Employers must also adhere to any relevant health and safety regulations for domestic workers.

7. Termination of Employment

Both the employer and the domestic worker have the right to terminate the employment contract, but certain procedures must be followed.

• Notice Period: Either party must provide a 30-day notice before terminating the contract unless there is just cause for immediate termination (e.g., gross misconduct). During this notice period, the worker should continue to fulfill their duties and receive their salary.

• Compensation upon Termination: If the contract is terminated before completion, the domestic worker is entitled to receive compensation for unused annual leave, any unpaid wages, and other dues as per the contract.

• Unjust Termination: If the employer terminates the contract unfairly or without cause, the domestic worker may be entitled to compensation for wrongful dismissal, which includes wages for the notice period and potentially additional compensation.

• Termination by the Worker: If the worker wishes to terminate the contract before the end of the probation period or the contract term, they must give proper notice and may be subject to a penalty, depending on the terms of the contract.

8. End-of-Service Benefits (Gratuity)

Domestic workers are entitled to end-of-service benefits (gratuity) if they have completed at least one year of service with the employer. This gratuity is calculated as follows:

• For the first 5 years: The employee is entitled to 21 days of basic salary for each year of service.
• For service beyond 5 years: The gratuity increases to 30 days of basic salary for each year of service after the first 5 years.

Gratuity payments are mandatory and must be made at the time of termination or resignation.

9. Disputes and Complaints

If a domestic worker feels that their rights have been violated or they are being mistreated by their employer, they can file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE). MOHRE has a dedicated section for domestic workers to handle disputes relating to wages, working conditions, or any mistreatment.

• Filing a Complaint: Domestic workers can file complaints online through MOHRE’s website or visit one of the ministry's offices to seek assistance.
• Dispute Resolution: If the dispute cannot be resolved through mediation, it may be escalated to the Dubai Labor Court.

In cases of severe mistreatment or abuse, domestic workers can also seek assistance from their embassy or consulate, which can provide additional support and legal advice.

10. Protections Against Abuse and Exploitation

The UAE Domestic Workers Law includes provisions to protect workers from abuse, exploitation, and inhumane treatment. Employers are prohibited from:

• Physical or verbal abuse: Employers must treat workers with dignity and respect.
• Confiscating passports: Employers cannot withhold the worker’s passport or other personal documents.
• Excessive working hours: Workers must not be asked to work beyond the legal working hours or without adequate rest.

Domestic workers who experience abuse or exploitation can file a complaint with MOHRE, and the authorities will investigate the matter. Legal action can be taken against employers who are found guilty of violating the rights of domestic workers.

In Conclusion:

Domestic workers in Dubai have clear rights under the UAE Domestic Workers Law, including fair wages, reasonable working hours, rest days, health and safety protections, and the right to a written employment contract. Employers must adhere to these rights to avoid legal issues and ensure a fair and respectful working relationship. If a domestic worker faces mistreatment or believes their rights are being violated, they have the right to file complaints and seek legal recourse. For further assistance, domestic workers can also consult with labour lawyers in Dubai to understand their legal options and protect their rights