Federal
Law No. 10 of 2017
Corresponding
to 16 Ramadan 1438H.
We,
Khalifa Bin Zayed Al Nahyan, President of the United Arab Emirates,
-
After perusal of the Constitution;
-
Federal Law No. (1) of 1972 on Competencies of the Ministries and Powers of the
Ministers and its amendments;
-
Federal Law No. (6) of 1973 concerning the entry and residence of foreigners and
its amendments;
-
Federal Law No. (8) of 1980 on the Regulation of Labour Relations and its
amendments;
-
The Penal Code promulgated by Federal Law no. 3 of 1987 and its
amendments;
-
The Criminal Procedure Law promulgated by Federal Law no. 35 of 1992 and its
amendments; and
-
Based on the presentation of the Minister of Human Resources and Emiratization
and the approval of the Council of Ministers and the Federal National Council,
and the ratification of the Federal Supreme Council,
Have
issued the following Law:
In
the application of the provisions of this Law, the following terms and
expressions shall have the meanings assigned hereto unless the context otherwise
requires:
State:
United Arab Emirates.
Ministry:
Ministry of Human Resources and Emiratization.
Minister:
Minister of Human Resources and Emiratization.
Domestic
Work: The work performed by the worker to the employer or his family, in the
workplace according to the provisions of this Law.
Worker:
A physical person who performs a domestic work against a comprehensive wage
under the management, supervision and direction of the employer.
Employer:
Any physical person, or recruitment office, who recruits a worker for the
performance of a domestic work.
Family:
The persons to whom the employer is related by kinship or marriage, or of whom
he takes care for any legal or moral reason.
Workplace:
The permanent residence or temporary residence of the employer or his family,
the beneficiary of the domestic work or his family, including private farms and
the like.
Recruitment
Office: The office licensed, in accordance with the provisions of this Law, to
mediate the recruitment of workers, on the basis of the employer's requirements,
or to provide the temporary employment of workers.
Temporary
Employment: A system under which the recruitment office employs one of his
workers for the purpose of making him available to a third party (the
beneficiary) so as to perform a work that is subject to the provisions of this
Law. The performance of this work shall be under the supervision and management
of the beneficiary.
Contract
of Employment: Each fixed-term agreement concluded between the employer and the
worker and regulating the rights and obligations of the parties according to the
model approved by the Ministry.
Wage:
The basic wage provided for in the Contract of Employment, without the addition
of any allowances, remunerations or other benefits.
Comprehensive
Wage: The basic wage plus all allowances, remunerations and any other benefits
stipulated in the Contract of Employment.
Article
2 - Scope of the Law
1.
The provisions of this Law shall apply to the recruitment and employment of
Workers whose occupations are indicated in the attached table, and the relevant
parties. The Council of Ministers shall, upon the proposal of the Minister, make
any amendment to the occupations mentioned in the said table.
2.
In the case of travel of the Worker with the Employer or his family outside the
State, the parties to the contract concluded in accordance with this Law shall
comply with the provisions thereof unless the law of the foreign country
otherwise requires.
Article
3 - Recruitment Offices and Employment of Workers
1.
No physical or juristic person shall act as an intermediary for the recruitment
or temporary employment of workers, unless such person is a national of good
conduct and licensed to carry out such activity in accordance with this Law and
its Implementing Regulations. The licensed establishment shall have a director
to be of good conduct and reputation and shall provide the required guarantees
as determined by the Implementing Regulations of this Law.
The
granting of the licence shall be subject to the fulfilment of the other
conditions specified by this Law, its Implementing Regulations and the decisions
issued by the Ministry.
2.
The Worker may not be recruited or employed except in accordance with the
conditions, controls and procedures provided for in this Law, its Implementing
Regulations, the decisions issued by the Ministry and any legislation in force
in the State in this field, and subject to the necessary legal conditions for
licensing each profession, if any.
In
all cases it is prohibited to recruit or employ a worker under 18 years of
age.
3.
In the case of the recruitment or temporary employment of workers, the following
acts shall be prohibited:
(a)
Discrimination between workers in violation of the principle of equality on the
basis of race, colour, sex, religion, political opinion, national origin or
social origin.
(b)
Sexual harassment of the Worker, whether verbal or physical.
(c)
Forced labour, or any other act that comes under the trafficking in persons, in
accordance with the laws enacted or agreements ratified by the State.
4.
The Workers may not be employed in works for which the provisions of this Law
are not applicable unless they have obtained the approval of the competent
authorities.
5.
The Minister shall issue a decision specifying the necessary controls for the
work of the Recruitment Offices and the conditions that must be met in the
Employer to allow him to recruit and employ Workers subject to the provisions of
this Law. The rules, procedures and forms to be used by these Offices shall also
be issued.
The
Recruitment Office shall:
1.
Not bring the Worker from his country unless after informing him of the type and
nature of the work, the amount of the comprehensive wage and ensuring the
availability of proof of medical, psychological, and professional fitness, and
other conditions determined by the Implementing Regulations of this Law, taking
into account the nature of each occupation.
2.
Not solicit, on its own or through a third party, or accept from any Worker,
whether prior to or after employment, any form of commission in exchange
for employment, or collect therefrom any expenses.
3.
Conduct the necessary medical examinations for the Worker within thirty days at
the most prior to entering the State.
4.
Bear the expenses of sending back the worker to his home country and provide a
replacement thereof without imposing upon the Employer any additional expenses,
or refund all the amounts paid by the Employer according to the latter's choice
if any of the following is found out during the probation period referred to in
Article (9) of this Law:
(a)
The Worker's lack of professional competence and good personal behaviour.
(b)
The Worker’s established medical unfitness according to the conditions
specified by the Implementing Regulations of this Law after entering the State
and during the probation period, taking into account the nature of each
profession.
(c)
The Worker’s absence from work, other than in the authorised cases, as set
out in the Implementing Regulations of this Law.
(d)
Termination of the contract at the Worker's will or because of him for failure
to meet the conditions agreed upon.
5.
Raise awareness and knowledge of the Worker as regards the customs and
traditions of society in the State.
6.
Provide temporary housing for the Worker, to be equipped with decent means of
living whenever there is a need for the worker to stay in the Office for a
period that requires a place to reside in.
7.
Treat the Worker in a good manner and not expose him to violence.
8.
Inform the Worker of the authorities competent to consider his complaint
regarding any violation of his rights and freedoms.
9.
Deliver to the Employer a handbook of pay receipts.
10.
Refund to the Employer all amounts paid by the latter to the Office or a part
thereof, as determined by the Implementing Regulations of this Law in any of the
following two cases:
(a)
The Worker's termination of the contract after the probation period, and without
any reason due to the Employer.
(b)
The Worker's absence from work at the Employer without an acceptable reason,
after the probation period.
1.
A contract shall be concluded, in accordance with the model approved by the
Ministry, between the Recruitment Office and the Employer to regulate the
obligations for the recruitment of the Worker, provided that this contract
includes in particular the following:
(a)
The conditions as determined by the Employer to be met by the worker to be
recruited by the Office.
(b)
The basic rights and obligations that the Employer commits to the worker,
especially the type of work and the amount of the comprehensive wage.
(c)
The financial obligations necessary for bringing the worker from his country to
the State, and the fees of services due to the Office and others. The Minister
or his delegate may issue a decision on the controls and the value of such
fees.
(d)
The period specified for the implementation of the recruitment procedures.
2.
If the Recruitment Office violates the conditions agreed upon in the contract
provided for in clause (1) of this Article, the Employer shall have the right to
refuse to employ the Worker who has been recruited. The notice of refusal shall
be in writing and the Employer shall have the right to refuse to employ the
Worker recruited. The notice of refusal shall be in writing and the provisions
of Article 4/4 of this Law shall apply without prejudice to the right of the
Employer to claim compensation from the Recruitment Office for any damage caused
as a result of breach of contract terms.
Article
6 - Employment Contract
The
Employer shall conclude a Contract of Employment with the Worker in accordance
with the model approved by the Ministry. The contract shall be drafted in four
copies, one of which to be delivered to the Worker and the second to the
Employer and the third to be deposited with the Recruitment Office and the
fourth with the Ministry.
In
all cases, the parties to the contract may provide for any additional conditions
in any subsequent contract.
The
Contract of Employment shall include the names of the parties, the workplace,
the date of its conclusion, the date of commencement of work, the type of the
work, the duration of the contract, the amount of the comprehensive wage, the
method of payment, the Worker’s permitted leave, probation period, rest
periods and the conditions that may result in the termination of the contract,
in addition to any other conditions required by the nature of the work, and
contained in the contract model approved by the Ministry.
In
all cases, the duration of the first contract shall not exceed two years and may
be renewed for other periods by mutual agreement.
In
case of denial and absence of legal excuse, the claim for any of the rights
arising under the provisions of this Law shall not be heard after the lapse of
six months from the date of termination of the employment relationship.
The
Worker shall be under probation for a six-month period as of the date he joins
the work.
The
monthly wage shall be paid in UAE Dirham within a period not exceeding ten days
from its due date. The Ministry may lay down the regulation it deems more
appropriate as to the method to settle and ensure payment of the wage.
The
comprehensive wage of the Worker shall be due from the date of his entry to the
State, or from the date of modification of his status. The payment of the
comprehensive wage shall be proved by written receipt or other means of proof
determined by the Ministry.
1.
The amount necessary for the settlement of the debts in execution of a court
ruling shall be deducted from the comprehensive wage of the Worker, provided
that it does not exceed one quarter thereof.
2.
If the Worker commits an act which caused harm to the Employer such as the loss
or damage of the tools, machines, products or materials owned by the latter, or
whatever is in the Worker’s custody of or at his disposal, due to his
gross negligence or violation of instructions, the Employer may in this case,
with the consent of the Worker, and with the consent of the relevant authority
in the Ministry, if the worker does not agree, deduct from the comprehensive
wage, any amount necessary for compensation of the damage, as estimated by the
Ministry, provided that such amount does not exceed one quarter of the
comprehensive wage. If the parties do not consent to the Ministry's decision,
the dispute shall be referred to the competent court.
3.
In all cases, the said amount shall be deducted from the end-of-service gratuity
to pay the amounts due by the Worker if it is not possible to deduct the same
from the wage.
Article
12 - Organization of Work
1.
The Worker shall have the right to a weekly rest day with a comprehensive wage
in accordance with the Implementing Regulations of this Law. He may be employed
on his weekly rest day, in which case he shall have the right to an alternative
day off or a monetary allowance.
2.
The Implementing Regulations of this Law shall regulate the Worker’s
working and rest hours where the daily rest shall not be less than twelve hours
per day, including at least eight consecutive hours.
1.
The Worker shall be entitled to 30 days' annual leave upon completion
of each year of employment, to be paid before taking it. If the period of
service is less than one year and more than six months, he shall be entitled to
two days of leave for each month. The Employer shall set the date of
commencement of the annual leave and may divide it where necessary to a maximum
of two periods. If the working conditions require that the Worker be employed
during all or some of his annual leave, and the period of leave during which he
worked is not carried forward to the following year, the Employer shall pay him
his wages plus a holiday pay for his work days equal to his basic wage. In all
cases, the Worker may not be employed during his annual leave more than once
during two consecutive years.
2.
The holidays determined by law, or by agreement as well as any other periods due
to sickness if they coincide with this leave shall be counted when calculating
the period of annual leave granted to the Worker.
3.
Subject to the provisions of Article (7) of this Law, in the case of the renewal
of the Employment Contract, the Worker may accrue annual leaves for more than
two years and take them altogether.
4.
The Employer shall bear the value of the Worker's round trip ticket home every
two years, or the cash allowance equal to the holiday pay due to the Worker for
two years, in addition to the value of the ticket if the Worker expresses his
desire to continue working and not to take annual leave.
5.
If the Employment Contract is terminated or has been rescinded by one of its
parties without the Worker having obtained his annual leave, the Worker shall be
entitled to a monetary allowance equivalent to the amount of the days of leave
due to him. The wage shall be calculated by its category at the time the leave
is due unless the failure to obtain leave is due to the Employer, in which case
the wage shall be calculated by its category at the time he has paid it to the
Worker.
The
Worker shall have the right to sick leave for a period not exceeding thirty days
in the contractual year, to be obtained consecutively or intermittently if it is
proved necessary by a medical report issued by the health authority officially
accredited in the State. The sick leave shall be calculated as follows:
1.
The first fifteen days with a comprehensive wage.
2.
The next fifteen days without pay.
Article
15 - Obligations of the Employer and the Worker
The
Employer shall abide by the obligations stipulated in the Contract of Employment
and its annexes, and shall in addition:
1.
Provide the requirements for the performance of work agreed upon.
2.
Prepare a decent accommodation for the Worker.
3.
Provide the Worker’s needs of meals and clothing suitable for the
performance of work as long as he works full-time and not on the basis of the
temporary employment system, unless otherwise agreed.
4.
Bear the cost of the Worker’s medical treatment in accordance with the
health regulation in force in the State.
5.
Treat the worker in a good manner that preserves his dignity and the safety of
his body.
6.
Not permit the Worker to engage in any work with a third party except
in accordance with the conditions and rules stipulated in the Implementing
Regulations of this Law, and not employ any of his workers unless the latter is
authorised to work in accordance with the provisions of this Law and its
Implementing Regulations.
7.
Pay the necessary compensation resulting from occupational injuries and
occupational diseases in accordance with the tables of compensation attached to
the law in force regulating the employment relationships, unless the insurance
company pays this compensation.
8.
Not employ a Worker in a profession that is different from the nature of his
work unless with his consent and provided that it is one of the professions
covered by this Law.
9.
Guarantee the right of the Worker to retain his evidentiary documents.
10.
Grant the heirs of the Worker who dies during service the comprehensive wage for
the month in which he died, and any other entitlements thereto.
11.
Not receive, in person or through his intermediaries, any sums or any
remuneration, unless provided for in this Law, the Implementing Regulations or
the contract model approved by the Ministry.
12.
Notify the Ministry of any violation by the Worker of the regulations in force.
The Employer must comply with the Ministry's requests in these cases.
The
Worker shall abide by the obligations stipulated in the Contract of Employment
and shall in addition:
1.
Perform with due care the work by himself according to the direction and
supervision of the Employer, and as stipulated in the contract, and not stop
working without an acceptable excuse.
2.
Observe the customs and traditions of society and commit to public ethics.
3.
Comply with the Employer's orders for the implementation of the agreed work
unless these orders are contrary to the contract or the law or public order and
public morals, or endangers him or exposes him to legal accountability.
4.
Preserve the Employer’s property, work tools and everything in his
custody, or at his disposal, take the care of the same and carry out all the
necessary procedures for their preservation and safety.
5.
Respect privacy and not disclose the secrets that come to his knowledge by
virtue of his work, even after the end of his service.
6.
Not use work tools outside the workplace without the consent of the Employer and
keep these tools in the places assigned thereto.
7.
Provide the necessary assistance in the event of disasters and threats to the
workplace or the safety of those present therein.
8.
Not work under any form except in accordance with a work permit issued by the
Ministry and in accordance with the terms of this permit.
9.
Notify the Ministry in the event of change of residence registered in the work
permit within a period of time not exceeding seven days from the date of
change.
The
Employer must inform the Ministry within five days of the worker's absence from
work without a legitimate reason. The Worker must inform the Ministry within 48
hours of leaving the job without the Employer's knowledge.
The
Employer and the Worker must comply with the approved occupational health and
safety requirements and the methods of health protection in accordance with the
Implementing Regulations of this Law and any other legislation in force in the
State.
The
Minister shall nominate the judicial officers in charge with the following
tasks:
1.
Control of the implementation of the provisions of this Law and the regulations
and decisions issued in implementation thereof.
2.
Control of all violations of the provisions of this Law and the regulations and
decisions issued in implementation thereof.
3.
Inspection of Recruitment Offices.
4.
Inspection of workplaces and Workers' residences, subject to the provisions of
Article (20) of this Law.
Subject
to the provisions of Article (19) of this Law, inspectors may not enter the
workplaces and workers' residence without the permission of their owners or the
permission of the Public Prosecution, in the following two cases:
1.
Where a complaint has been filed by the Worker or the Employer.
2.
Where there is reasonable evidence of violations of the provisions of this Law
and the regulations and decisions issued in implementation thereof.
Article
21- Settlement of Disputes
1.
If the parties to the contract fail to settle amicably a dispute that has arisen
between them, they shall refer it to the Ministry.
2.
The Ministry shall take whatever it deems appropriate to settle the dispute
amicably within two weeks in accordance with the procedures stipulated in the
Implementing Regulations of this Law.
3.
The case shall not be admitted before the competent court before following the
procedures provided for in this Law and its Implementing Regulations.
Article
22 - Termination of Contract
1.
The Employment Contract shall terminate in one of the following cases:
(a)
Expiry of its term unless it is renewed in accordance with the provisions of
this Law, its Implementing Regulations and ministerial decisions issued in this
regard.
(b)
The death of the Worker or his disability during and because of the work. The
disability shall be proved, and its percentage shall be determined by a report
from a competent medical committee. The Employer shall bear the costs of
returning the body of the deceased Worker or the disabled Worker to his
country.
(c)
The death of the Employer. The contract may continue until the expiry of its
term with the approval of the Ministry.
(d)
The conviction of the Worker for a felony or imposition of a custodial sentence
upon him for a felony or misdemeanour.
(e)
The parties’ agreement to terminate the contract.
(f)
The Worker’s attainment of 60 years of age. The Minister shall determine
the cases in which the service may be extended beyond this age.
(g)
Exhaustion of sick leave or lack of fitness for work.
(h)
The Worker’s absence from work without any acceptable excuse during the
contractual year for ten consecutive days or fifteen intermittent days.
(i)
An established breach by one of the parties to the contract of the obligations
prescribed by law or by agreement. In this case, the provisions of Article (23)
of this Law shall apply.
2.
The Employer shall pay to the Worker all his financial dues within ten days from
the date of termination of the contract.
1.
Either party to the Contract of Employment may terminate it by unilateral will
if the other party breaches its obligations under Articles 15 and 16 of this
Law.
2.
The Employer and the Worker may terminate the contract. If the contract is
terminated by the Employer for a reason not due to the Worker, the Employer
shall provide a ticket for the return of the Worker to his country, in addition
to payment of compensation equivalent to the comprehensive wage for one month as
well as any other entitlements due to the Worker by the Employer due and any
other compensation that may be decided by the Court.
3.
If the contract is terminated by the Worker for a reason due to him after the
probation period, the Worker shall bear the expenses of his return to his
country in addition to payment of compensation to the Employer equivalent to the
comprehensive wage for one month as well as any other entitlements due to the
Employer by the Worker and any other compensation that may be decided by the
Court.
4.
In all cases of termination of the employment relationship, the Ministry shall
have the power to grant the Worker a new work permit or otherwise in accordance
with the rules determined in this regard, without prejudice to the provisions in
force in the State.
All
sums due to the Worker or to his heirs under the provisions of this Law shall
have a privilege over all the movable property and real estate of the Employer
and shall be paid directly after the amounts due to the Public Treasury and the
legal maintenance.
In
all cases of termination of the employment relationship, the Employer shall not
be liable for the expenses of returning the Worker to his country if the Worker
joins another work, as specified in the Implementing Regulations of the
Law.
Article
26 - End-of-Service Gratuity
1.
A worker who has completed one or more years of continuous service shall be
entitled to end-of-service gratuity at the end of his service and the period of
unpaid leave shall not be counted in calculating the period of service. The
end-of-service gratuity shall be calculated on the basis of fourteen days' wages
for the year, provided that the Worker receives the end-of-service gratuity at
the end of the contract. The end-of-service gratuity shall be renewed by
renewing the contract.
2.
The Worker shall be entitled to gratuity for the fractions of the last year in
proportion to his days of work, provided that he has completed one year of
continuous service.
The
Worker shall be deprived of his end-of-service gratuity if the contract is
terminated by reason of his unlawful absence from of work or if the contract is
terminated by the Worker without a legitimate reason.
(1)
Where a Worker is detained in custody, his comprehensive wage shall not be
suspended for the duration of his detention.
2.
If the criminal proceedings are filed on the basis of a reporting by the
Employer and the investigation has been filed or a final judgment on the
acquittal of the Worker has been issued, the Worker shall be paid his
comprehensive wage for the period of detention. In case of conviction, he shall
be denied such wage.
3.
If the criminal proceedings are filed on the basis of a reporting by other than
the Employer, and the Worker is convicted, he shall not be paid his
comprehensive wage that has been suspended, however, if the investigation has
been filed or the Worker has been acquitted, the person who made the report
shall pay the said wage.
Without
prejudice to any more severe penalty provided for in any other law, shall be
liable to imprisonment for a period not exceeding six months and a fine of not
less than ten thousand dirhams and not exceeding one hundred thousand dirhams or
either of these two penalties:
1.
Any person who obstructs or prevents an employee who is charged with the
implementation of the provisions of this Law or the regulations or decisions
issued in implementation thereof from the performance of his work or has begun
to do so.
2.
Every employee charged with the implementation of the provisions of this Law who
discloses a secret he may have been informed of by virtue of his employment,
even after leaving work.
3.
Whoever helps a Worker to leave his work or provides a housing therefor, for the
purpose of exploiting or him or employing him illegally. The Court may decide to
deport him upon conviction.
1.
Without prejudice to any more severe penalty provided for in any other law, any
person who violates any of the provisions of Article (3/1, 2, 3 and 4) of this
Law shall be fined not less than fifty thousand dirhams and not exceeding one
hundred thousand dirhams. The penalty shall be doubled in case of repetition of
the commission of such act within one year from the date of sentence.
2.
The Recruitment Office which violates any of the provisions of Article (4) of
this Law shall be punished by the same penalty stipulated in clause (1) of this
Article.
Without
prejudice to any more severe penalty provided for in any other law, a fine of
not more than ten thousand dirhams shall be imposed on anyone who violates any
other provision of this Law or the regulations or decisions issued in
implementation thereof.
Article
32 - Temporary Employment
The
Recruitment Office shall be the employer in the temporary employment without
prejudice to the Worker's obligations towards the physical person or his family
who benefits from the service. The Implementing Regulations of this Law shall
regulate the procedures and conditions of temporary employment.
Arabic
is the language of contracts, and when using a foreign language besides Arabic,
the Arabic text shall be adopted.
Lawsuits
filed by Workers in accordance with the provisions of this Law shall be exempted
from all judicial fees in all stages of litigation and shall be heard
summarily.
Offices
working in the field of recruitment or temporary employment of workers shall
adjust their situation in accordance with the provisions of this Law and the
regulations and decisions issued in implementation thereof within six months
from the date of entry into force of this Law.
Subject
to the provisions of Article 5 (c) of this Law, the fees due for the
implementation of the provisions of this Law shall be determined by a Cabinet
Decision.
Any
condition provided for in a contract or agreement in violation of the provisions
of this Law shall be null and void, even if set forth prior to the entry into
force of the present Law, unless it is more beneficial to the Worker.
The
courts of the State shall be competent to hear disputes and claims brought
against the violation of the provisions of this Law or the regulations or
decisions issued in implementation thereof and of the contracts it
regulates.
Any
provision contrary to or inconsistent with the provisions of this Law shall be
abrogated.
The
Council of Ministers or whoever it delegates shall issue the Implementing
Regulations and decisions necessary to implement the provisions of this Law
within a period not exceeding six months from the date of its entry into force.
The applicable rules shall remain in effect at the time of issuance of the
present Law until the new regulations and decisions are adopted.
This
Law shall be published in the Official Gazette and shall come into force two
months after the date of its publication.
Issued
at the Presidential Palace in Abu Dhabi:
On 11 June 2017
Corresponding
to: 16 Ramadan 1438H.
Khalifa bin
Zayed Al Nahyan
President of the
United Arab Emirates
The present Federal Law was published in the
Official Gazette Issue No. 616, p. 9.
Appendix
to Federal Law No. (10) of 2017 on Domestic Workers
Types of Domestic Workers’ Occupations
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Private Agricultural Engineer
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