All you need to know to avoid breaking rules accidentally while employing house help
Question: Can you please explain the latest rules around hiring a housemaid in the UAE? My wife and I need to get a stay-at-home maid to look after our baby. We are open to hiring maids from here or bringing one back from our home country. But we don't want to accidentally break any rules. Please help.
Answer: Pursuant to your query, it is assumed that you are a resident of Dubai and employed by an employer based in the UAE. Therefore, the provisions of Federal Decree Law No. 9 of 2022 Concerning Domestic Workers and the Cabinet Resolution No. 106 of 2022 pertaining to the Executive Regulations of Federal Decree Law No.9 of 2022 Concerning Domestic Workers are applicable.
In accordance with Schedule 1 of the Cabinet Resolution 106 of 2022 on Domestic Workers Law, there are various designations of domestic workers recruited in the UAE. An individual living with his or her spouse may sponsor a nanny to look after their child based on the salary of an individual who is sponsoring a nanny, the number of bedrooms in an apartment or villa where he or she is residing. Further, initially to obtain an entry permit for a nanny in the UAE, below documents are required.
Once the entry permit is obtained from the General Directorate of Residency and Foreigners Affairs – Dubai, (GDRFA) a sponsor and a nanny may sign the employment contract with the Ministry of Human Resources & Emiratisation (MoHRE). Thereafter, once the MoHRE approves the work permit of a nanny she needs to undergo a medical fitness test conducted by Dubai Health Authority and apply for a UAE resident ID card through Federal Authority for Identity, Citizenship, Customs & Port Security.
The sponsor of the nanny needs to follow the guidelines and provisions of UAE Domestic Workers Law while employing a nanny at his or her residence. It may include but is not limited to providing the nanny with the facilities to perform her duties, allot appropriate accommodation, provision of food and means, clothing if required to perform the duties, timely payment of remuneration, incur costs related to health insurance, be respectful to the nanny and the nanny should be allowed to retain her official documents. This is in accordance with Article 11 of the UAE Domestic Workers Law which states about the obligations of the employer/sponsor towards a nanny.
Moreover, Article 7 of the Cabinet Resolution 106 of 2022 on Domestic Workers Law states that an employer/sponsor may not employ a nanny for more than 12 hours a day and without a break after continuous work for eight hours a day. Article 8 of the Cabinet Resolution 106 of 2022 on Domestic Workers Law states that an employer/sponsor needs to grant weekly holiday to a nanny.
Based on the aforementioned provisions and requirements, you may consider hiring a nanny to look after your child if you fulfil the relevant requirements. However, you may also consider hiring a nanny in the UAE through the recognised domestic recruitment agencies in the UAE as mentioned in Article 4 and Article 5 of the UAE Domestic Workers Law.
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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.
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.