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Question: I read about some law changes when it comes to hiring domestic workers in the UAE. I am from India and wish to bring someone from my hometown to stay with us as a full-time maid. Can you please explain the legal process to follow?
Response: Pursuant to your queries, it is assumed that you are married and residing with your family in Dubai. It is further assumed that the domestic worker whom you intend to recruit from India is a ECR (Emigration Check Required) passport holder. The provisions of Federal Decree Law No. 9 of 2022 Concerning Domestic Workers (the 'UAE Domestic Workers Law') are applicable for employment of domestic workers in the UAE.
The UAE Domestic Workers Law came into force on December 5, 2022. Article 11 of the law states the obligations of the employers such as providing appropriate accommodation, facilities to perform work, meals and clothing necessary to perform the duties, timely payment of salary, bear costs of medical care, respect and courtesy to the worker, incur costs of repatriation etc.
You need to register with the E-Migrant web portal (www.emigrate.gov.in) of Government of India (‘E-Migrant’) and submit an application. Thereafter, you may approach IVS Global Services (the ‘IVS’), a third-party service provider approved by Indian Embassy in UAE and Consulate General of India – Dubai to attest documents. At the IVS centre, as a sponsor of proposed domestic worker’s employment visa, you may have to sign an affidavit confirming that you are not related to the said proposed domestic worker and the same will be attested by an official of Consulate General of India - Dubai.
Once the above procedure has been completed, you must apply for the employment visa (entry permit) of the proposed domestic worker through the Ministry of Human Resources and Emiratisation (the ‘MOHRE’). You should fulfil requirements such as providing a copy of your passport; original Emirates ID; copy of passport for the proposed domestic employee; passport size photo (with white back ground) of the proposed domestic employee; copy of passport and Emirates ID of your spouse; copy of your marriage certificate duly attested in India as well as in UAE; tenancy contract and Ejari of the rented apartment (at least two bedroom) or a copy title deed of your residential property which is owned by you (at least two bedroom); utility bill issued by Dewa; copy of your bank statement; copy of your employment contract and salary certificate issued by your employer.
Further, once you receive the offer letter issued in MOHRE-approved format and the entry permit issued by General Directorate of Residency and Foreigners Affairs - Dubai (the ‘GDRFA’), you must submit all relevant documents to IVS and a refundable deposit as required by the Consulate General of India - Dubai. Once the entry permit of the domestic worker is attested by IVS, an agreement will be generated through E-Migrant and the said agreement will be sent to the proposed domestic worker. Thereafter, the agreement with attested entry permit will be sent to the Protector of Emigrants (POE), India, in order to get emigration clearances for the proposed domestic worker to travel to UAE.
Finally, once the above is completed, your proposed domestic worker may travel to UAE on the entry permit issued by GDRFA. You may then have to accompany the worker to Consulate General of India - Dubai within two weeks from the date of arrival for an entry interview. Thereafter, you need to make arrangements to sign the MOHRE employment contract. Further, the proposed domestic worker needs to undergo medical fitness examination and you need to apply for his/her health insurance and Emirates ID.
For further clarifications on this matter, you may contact the MOHRE, GDRFA, and labour section of Consulate General of India – Dubai. Alternatively, for further information on hiring maids from India you may contact Pravasi Bharatiya Sahayata Kendra (PBSK), a welfare initiative centre established by Government of India for the expatriate Indians in the UAE on its toll free number 800-46342.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
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