Hiring a domestic worker in the UAE is a highly regulated process and the residents may incur hefty penalties if they violate relevant laws and regulations. You can ensure compliance with the laws by availing of the best PRO services in Dubai. The government has issued the Federal Decree-Law no.9 of 2022 to regulate the hiring of domestic workers in the UAE, contravening it will lead to hefty fines.
The provisions of the Decree-law apply to the recruitment and employment of domestic workers. The Law defines a domestic worker as a person performing a household service for a wage under the direction, supervision, and guidance of his / her employer. The Decree-Law also defines domestic service as the services performed by a worker to an employer or his/ her family in the employer’s residence in accordance with the provisions of this law.
In this article, we will shed light on the relevant provisions of the Decree-Law that state the consequences of illegally hiring domestic workers in the UAE. You can consult with PRO firms in Dubai for further clarity on the Law. Keep reading for more information:
1. Violations that Attract Imprisonment and a Fine of AED 20,000-AED 100,000
As per the Decree-Law, those who commit the following types of violation will be subject to imprisonment of up to 6 months and a fine of at least AED 20,000 and up to AED 100,000 dirhams, or any one of those penalties:
- Submitting false information or documents while hiring a domestic worker in the UAE
- Obstructing or preventing a judicial officer from implementing the Decree-Law, its Implementing Regulation, and the decisions issued in implementation or attempting to prevent such an officer from performing his duties, whether through force, violence, or threats of inflicting harm or violence
2. Violations that Carry a Fine of AED 50,000-AED 200,000
Certain types of violations carry a fine of at least AED 50,000 and up to AED 200,000. Providers of PRO services in Dubai can help you to avoid such fines by offering guidance on sponsoring the domestic worker’s visa. The fine applies to those who commit the following acts of violation:
- Providing jobs to domestic workers without obtaining a work permit for them
- Recruiting or employing domestic workers and failing to provide them with employment
- Obtaining a work permit for domestic workers and using it for purposes other than those for which it was issued
- Closing the recruitment agency operations without adhering to relevant procedures for settling the domestic workers’ dues
- Hiring or employing a juvenile (below 18 years of age) domestic worker
- Assisting domestic workers to abandon employment or giving them shelter or housing to exploit or employ them illegally
3. Violations with Fines in the Range of AED 200,000-AED 1,000,000
Some violations listed in the Decree-Law carry penalties such as imprisonment for up to one year, a fine of at least AED 200,000 up to AED 1,000,000 (One Million Dirhams), or one of the two penalties. Enlisting PRO services in Dubai will allow you to obtain work permits for domestic workers without incurring any penalty. This penalty applies to those who commit the following types of violation:
- Engaging in mediation or temporary employment of domestic workers without getting a license
- Misuse the authorization/login credentials to access the Ministry’s systems, or allow others to access such systems that disrupt labour relations or procedures
When Will the New Decree-Law Become Effective?
The Ministry of Human Resources and Emiratisation (MoHRE) issued the Federal Decree-Law no.9 of 2022 on September 9th 2022. The Law has been issued to strengthen the rights of domestic workers in the UAE. However, the Law will take effect three months after its publication in the Official Gazette. PRO firms in Dubai can keep you updated on the Federal Decree-Law no.9 of 2022.
Enlist the Best PRO Services in Dubai, UAE
Entrepreneurs, investors, residents and recruitment agencies need to consider the provisions of the new Decree-Law before hiring domestic workers in the UAE. Lack of knowledge about the law may land you in hefty penalties and punishments but you can ensure compliance by enlisting the best PRO services in Dubai. Jitendra Business Consultants (JBC) provides reliable PRO services in the UAE that are tailor-made to fit the needs of each client.
We are one of the best PRO companies in Dubai with years of experience in assisting businessmen and professionals with the processing of their visas as well as helping in sponsoring their dependents. JBC also assists the expatriates in getting them UAE Golden Visas and Green Visas. Availing of our services helps you comply with regulations regarding visas, Emirates IDs, Medical Tests, etc.