UAE domestic workers law: Employer duties on pay, housing, medical care explained

Question: I am seeing conflicting information online, so please help. I am planning to bring a maid from India. What are the legal formalities involved?

Answer: Pursuant to your query, as you intend to recruit the domestic worker from India, it is required that the proposed domestic worker must be 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 with regards to employment of domestic workers in the UAE.

The Article 11 of the UAE Domestic Workers Law states the obligations of an employer include providing appropriate accommodation, facilities to perform work, meals and clothing necessary to perform the duties, timely payment of salary, provide medical care, respect and be courteous to the worker, incur costs of repatriation etc.

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Further, the obligations of the domestic workers are stated in Article 12 of the UAE Domestic Workers Law and the said law also states obligations of a recruitment agencies Article 5, employment contract of the domestic workers in Article 6 & 7, with regards to working hours Article 9 and Article 22 on the payment of gratuity to the domestic workers.

As you intend to hire a domestic worker from India, you need to initially register with the E-Migrant web portal (www.emigrate.gov.in) of Government of India (‘E-Migrant’).

Once you fill in the relevant information and submit the documents of the employer and proposed domestic worker and submit a request letter to the Consulate General of India -Dubai in the aforesaid E-Migrant you will receive login credentials after few days at your registered email address with E-Migrant.

Thereafter, once your E-Migrant portal is registered, you may have to approach IVS Global Services (the ‘IVS’) in the emirate of Dubai, a third-party service provider approved by Indian Embassy in UAE and Consulate General of India – Dubai to attest the documents of the employer who is a resident in the UAE. In 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 affidavit will be attested by an official of Consulate General of India -Dubai. While approaching the IVS centre you must carry with you the relevant documents related to applying for domestic worker employment visa.

Once the above procedures are completed, you may apply for the employment visa (entry permit) of the proposed domestic worker through Ministry of Human Resources & Emiratisation (MoHRE) approved third party service providers in the emirate of Dubai. You as an individual who wish to recruit a domestic worker in the UAE, may have to fulfil requirements such as providing copy of the your passport, visa page, 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, visa page 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 bed room) or a copy title deed of your residential property which is owned by you (at least two bed room), utility bill issued by DEWA, copy of your bank statement, copy of your employment contract and salary certificate issued by your employer. If you are self employed or a business owner, you may have to submit copy of your entity/firm’s license copy along with the aforesaid listed documents, except employment contract. Further, you need to have a minimum salary criterion which makes you eligible to employ a domestic worker in the UAE. The above documents need to be submitted to the approved third-party service provider/s in Dubai and based on the documents and payment of relevant fees payable to MOHRE.

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 may submit the said documents and all the aforementioned documents to IVS and 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 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. Once the proposed domestic worker enters UAE the employer may have to accompany the proposed domestic worker to Consulate General of India -Dubai within two weeks from the date of arrival for entry interview. Thereafter, you need to sign the MOHRE employment contract which should be similar with the offer letter earlier issued by you to the proposed domestic worker in MOHRE format. Further, the said proposed domestic worker needs to undergo medical fitness examination and you need to apply for his/her health insurance and UAE ID.

For further clarifications on this matter, you may contact the MOHRE, GDRFA, TADBEER centre and the 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.

Applicable law:

• Federal Decree Law No. 9 of 2022 Concerning Domestic Workers 

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. 

Disclaimer: The information provided above is intended for general guidance and does not constitute legal advice. It is recommended to seek formal legal counsel.