- Article (1) Definitions
- Article (2) Objectives
- Article (3) Scope of Application
- Article (4) Licensing of Recruitment Agencies
- Article (5) Obligations of Recruitment Agencies
- Article (6) Domestic Labour Recruitment Contract
- Article (7) Employment Agreement
- Article (8) Probation Period
- Article (9) Working Hours and Weekly Rest
- Article (10) Leaves
- Article (11) Employer's Obligations
- Article (12) Worker's Obligations
- Article (13) Occupational Care and Safety
- Article (14) Temporary Recruitment
- Article (15) Wage
- Article (16) Pay Deductions
- Article (17) Wage Suspension
- Article (18) Leaving Work
- Article (19) End of Employment Agreement
- Article (20) Termination of Employment Agreement
- Article (21) Worker Transfer
- Article (22) End-of-Service Gratuity
- Article (23) Settlement of Disputes and Complaints
- Article (24) Inspection
- Article (25) Administrative Violations and Penalties
- Article (26) Lawsuits
- Article (27) Penalties
- Article (28) Final Provisions
- Article (29) Fees
- Article (30) Executive Regulations
- Article (31) Repealing
- Article (32) Publication and Implementation
Article (1) Definitions
In applying the provisions of this Decree-Law, the following words and expressions shall have the meanings assigned to each of them, unless the context requires otherwise:
State:Means the United Arab Emirates.
Ministry:Means the Ministry of Human Resources and Emiratisation.
Minister:Means the Minister of Human Resources and Emiratisation.
Domestic Work:Means the service rendered by the Worker to the Employer or their Family at the Workplace in accordance with the provisions of this Decree-Law.
Worker:Means a natural person authorized by the Ministry to perform a Domestic Work for a fee, under the management, supervision and direction of the Employer or the Beneficiary, as the case may be.
Employer:Means every natural person or Recruitment Agency hiring a Worker to perform a Domestic Work.
Family:Means the person with whom the Employer is related by kinship or intermarriage relationship or takes care of them in accordance with the legislation in force in the State.
Workplace:Means the place designated for permanent or temporary residence for the Employer, their Family, the Beneficiary of the service, or their Family, including private farms and the like.
Recruitment Agency:Means the agency licensed in accordance with the provisions of this Decree-Law (whether it has a physical headquarters or digital channels), to mediate for the recruitment of Workers or for the Temporary Employment of Workers.
Direct Recruitment:Means the case when the Recruitment Agency, based on the will and knowledge of the Employer, brings in a Worker specified by name from outside the list of Workers registered with the Recruitment Agency.
Temporary Employment:Means a system whereby the Worker Recruitment Agency employs its Domestic Workers with the intention of making them available to a third party (the Beneficiary) to perform a work subject to the provisions of this Decree-Law, and the performance of such work is under the supervision and management of the Beneficiary.
Mediation:Means a service provided by the Recruitment Agency to the Employer to bring the Worker to be registered on the Employer's file and without the agency becoming a party to the work relationship that may arise as a result of this mediation.
Beneficiary:Means every natural person who employs a Worker to work for them and under their management, supervision and direction according to the Temporary Employment system, whether for a specific period of time or to perform a specific task/service.
Employment Agreement:Means every fixed-term agreement concluded between the Employer and the Worker that defines the rights and obligations of both parties according to the Form approved by the Ministry.
Probation Period:Means the period required by the Employer on the Worker, which enables the Employer to evaluate the performance of the Worker and enables the Worker to become familiar with their job duties and see the work environment, according to which the Employment Agreement can be continued or terminated in accordance with the provisions of this Decree-Law, its implementing regulations and the decisions issued in implementation of them.
Basic Wage:Means the Wage stipulated in the Employment Agreement and given to the Worker in return for their work under the Employment Agreement, and no other allowances or benefits in kind are included in it.
Wage:Means the Basic Wage plus all allowances, bonuses and any other benefits stipulated in the Employment Agreement - if any.
Article (2) Objectives
This Decree-Law aims to:
1.Regulate work relations with Workers and determine the responsibilities of the parties to the relationship in a way that guarantees their rights and obligations in a balanced manner.
2.Provide a suitable work environment for Workers in accordance with the legislation and international agreements in force in the State.
Article (3) Scope of Application
1.The provisions of this Decree-Law shall apply to the Recruitment and Employment of Workers whose occupations are set out in the Executive Regulations of this Decree-Law.
2.The Minister may amend the professions stipulated in Clause (1) of this Article in accordance with the needs and requirements of the labour market in the State.
3.In the event that the Worker travels with the Employer or their Family abroad, the two parties to the Employment Agreement made in accordance with this Decree-Law shall be bound by the provisions contained therein unless the law of the foreign country requires otherwise.
Article (4) Licensing of Recruitment Agencies
1.It is prohibited to engage in Recruitment or Temporary Employment of Workers without obtaining a licence from the Ministry, in accordance with the conditions specified in the Executive Regulations of this Decree-Law and the decisions issued by the Ministry.
2.It is not permissible to recruit or employ a Worker except in accordance with the conditions and procedures stipulated in this Decree-Law and its Executive Regulations and the decisions issued by the Ministry and any legislation in force in the State in this field and with observance of the legal conditions necessary for licensing each profession - if any.
H.It is prohibited to recruit or employ a Worker whose age is less than (18) eighteen Gregorian years.
4.In the event of the Recruitment of Workers or their Temporary Employment it is prohibited to:
a. Discriminate among Workers on the basis of race, colour, gender, national origin, social origin, or disability, impairing equal opportunities or prejudice equality in obtaining or continuing a job and enjoying its rights.
b. Practise verbal or physical sexual harassment against the Worker.
c. Practise forced labour or do any action that falls within the framework of human trafficking, in accordance with the laws issued, or the agreements ratified by the State.
5. Employ Workers in jobs to which the provisions of this Decree-Law do not apply, except after obtaining the approval of the Ministry.
6. The Minister shall issue a decision specifying the necessary controls for the work of Recruitment Agencies for Workers and the conditions that must be met by the Employer to allow them to recruit and employ Workers subject to the provisions of this Decree-Law. The Minister shall also issue the rules, procedures and Forms to be used by such Agencies.
Article (5) Obligations of Recruitment Agencies
The Recruitment Agencies must abide by the following:
1.They may not bring a Worker from the Worker's country without informing them of the type and nature of work, the amount of wages and obtaining proof of the Worker's physical capabilities, adequate health and psychological and professional preparedness, and meeting other conditions determined by the Executive Regulations of this Decree-Law and the decisions issued by the Ministry, provided that the nature of each profession is taken into account.
2.They shall not demand, by itself or through third parties, or accept from any Worker, whether before or after starting work, any commission in return for obtaining the work or charging them any expenses.
3.They shall conduct the necessary medical examinations for the Worker within a period not exceeding (30) thirty days at most prior to their entry into the State.
4.They shall familiarize the Worker with the customs and traditions of the society in the State.
5.They shall secure adequate housing and subsistence for Workers (whether registered with the Agency or mediated by the Agency to recruit them for a period of time before moving to work or those who were returned to the Agency for any reason) subject to the rules and regulations regulating labour accommodation in the State and according to any other requirements set by the Ministry.
6.They shall treat the Worker in a good way and protect them against violence.
7.They shall raise the Worker's awareness about the authorities competent to consider their complaints regarding any violation of their rights and freedoms.
8.They shall hand over to the Employer a booklet of Wage receipts or any other mechanism to ensure that the Worker receives their Wages in accordance with the mechanisms and channels specified by the Ministry.
9.They shall bear the expenses of returning the Worker to the Worker's country and providing a substitute for them or refunding the amounts paid to the Employer in accordance with the decisions issued by the Ministry.
10.They shall commit to any additional obligations imposed on the Recruitment Agencies towards Workers, Employers, the Ministry and employment agencies outside the State in accordance with the cases specified by the Executive Regulations of this Decree-Law and the decisions issued by the Ministry.
Article (6) Domestic Labour Recruitment Contract
1. A contract shall be made in accordance with the Form approved by the Ministry between the Recruitment Agency and the Employer to regulate the obligations relating to the recruitment of the Worker, provided that such contract includes in particular the following:
a. The conditions set by the Employer to be met by the Worker recruited by the Recruitment Agency.
b. The basic rights and obligations of the Employer towards the Worker, especially the type of work and the amount of remuneration.
c. The financial obligations necessary for the transfer of the Worker from the Worker's country to the State and in exchange for the services due to Recruitment Agency. After obtaining the approval of the Council of Ministers, the Minister may issue the system of controls and fees for the services provided by the Recruitment Agency.
d. The specified period for the implementation of the recruitment procedures.
2. If the Worker Recruitment Agency violates the conditions agreed upon in the contract stipulated in Clause (1) of this Article, then the Employer shall have the right to refuse to employ the Worker recruited. In this case, the provisions stipulated in the Executive Regulations of this Decree-Law and any relevant decisions issued by the Ministry regarding the provision of an alternative Worker or refunding the recruitment fees to the Employer shall apply without prejudice to the right of the Employer to claim compensation from the Recruitment Agency for any damage they may sustain due to breach of the contract.
Article (7) Employment Agreement
1.The Employer must conclude an Employment Agreement with the Worker in accordance with the Form and mechanisms approved by the Ministry in this regard and deliver a copy thereof to the Worker.
2.The Employment Agreement shall include the names of its parties, the Workplace, the date of execution, the date and type of work, the date of commencement, the term of the Agreement, the amount of the Wage, the Basic Wage, the method of payment of the Wage, the permitted leaves for the Worker, the Probationary Period, if any, the rest periods, and the cases that may result in the termination of the contract, in addition to any other conditions required by the nature of Work and included in the contract Form approved by the Ministry.
3.The Employment Agreement's term shall be a limited period namely two years, and may be renewed for the same period. If the two parties continue to implement it after the expiry of its original term, the original contract shall be considered implicitly extended with the same conditions contained therein, including the term condition. With the consent of both parties, the Employment Agreement may be terminated before the expiry of its term.
Article (8) Probation Period
The Employer may appoint the Worker under a Probation Period not exceeding (6) six months from the date of commencement.
Article (9) Working Hours and Weekly Rest
1.The Worker shall have be entitled to a paid weekly rest day in accordance with what is specified in the Executive Regulations of this Decree-Law. They may be required to work on a weekly rest day, in which case they shall be entitled to an alternative day of rest or payment of the equivalent of a day's Wage.
2.The executive decisions issued by the Ministry shall regulate the working and rest times so that the daily rest for the Worker is not less than (12) twelve hours per day, of which (8) eight must be consecutive.
Article (10) Leaves
1.The Worker shall be entitled to an annual leave of no less than (30) thirty days for each year. It shall be paid before it is taken, and if the service period is less than a year and more than (6) six months, then the Worker shall be entitled to a two-day leave for each month of service. The Employer may set the date of the annual leave, and, when necessary, may divide it into a maximum of two periods.
2. If the working conditions require that the Worker works during all or part of their annual leave and the period of leave during which they worked is not carried over to the following year, then the Employer must pay them their Wages in addition to a leave allowance equal to their Wages for the days they worked during that period. In all cases, the Worker may not be required to work during their annual leave for more than once in two consecutive years.
3. In calculating the annual leave period, the legally prescribed vacation days are included if the annual leave enjoyed by the Worker is interrupted, and shall be considered a part of it.
4. If the Worker wishes to travel to their country to take their annual leave then the Employer shall bear the price of their return ticket once for every two years. If the two parties agree to terminate or not renew the Employment Agreement after the annual leave, then the Employer shall bear their one-way ticket.
5. If the Employment Agreement expires or is terminated by one of its parties without the Worker having obtained their annual leave, then the Worker shall be entitled to a cash compensation equal to their Wages for the number of leave days due to them. Such allowance is calculated according to the last Wage received by the Worker.
6. The Worker is entitled to a sick leave for a period not exceeding (30) thirty days in each contractual year. The Worker shall take such leave, whether consecutive or not, whenever their need for it is proven by a medical report issued by a health authority approved by the State.
It is calculated as follows:
a.The first (15) fifteen days shall be paid.
b.The following (15) fifteen days shall be half-paid.
7. If the illness resulted from the misconduct of the Worker, then they shall not be entitled to any paid or half-paid sick leaves.
Article (11) Employer's Obligations
The Employer shall abide by the obligations contained in the Employment Agreement in addition to the following:
The Employer shall:
1. Provide the Worker with all they need to perform the work agreed upon.
2. Provide suitable accommodation for the Worker.
3. Provide the Worker with meals and appropriate clothes to perform the Work as long as they work on a full-time basis and not on a temporary basis unless agreed otherwise.
4. Pay the Wage of the Worker in accordance with the Employment Agreement, the provisions of this Decree-Law, and the decisions issued by the Ministry.
5. Bear the costs of the medical treatment for the Worker in accordance with the health system in force in the State or provide health insurance in accordance with the legislation in force in the State.
6. Treat the Worker in a good manner that preserves their dignity and the safety of their body.
7. Refrain from requiring the Worker to work for others except in accordance with the terms and conditions stipulated in the Executive Regulations of this Decree-Law and the decisions issued by the Ministry.
8. Refrain from employing any Worker unless such Worker is licensed to work in accordance with the provisions of this Decree-Law, its implementing regulations and decisions issued by the Ministry.
9. Pay the necessary compensation resulting from work injuries and occupational diseases in accordance with the compensations stipulated in the provisions of the aforementioned Decree-Law No. (33) of 2021 regarding the regulation of labour relations and the decisions issued in implementation thereof. Such obligation shall not be forfeited by the Employer unless the concerned insurance company pays the compensation stipulated in this Clause.
10. Refrain from employing the Worker in a profession different from the nature of their work except with their consent and provided that it is one of the professions mentioned in the Executive Regulations of this Decree-Law.
11. Ensure the right of the Worker to keep their own identification documents.
12. Pay the heirs of the Worker, who died during service, the Wage for the month in which such Worker died plus any other entitlements to the Worker.
13. Refrain from receiving, directly or indirectly, any amounts or prices from the Worker, unless the same is stipulated in this Decree-Law, its Executive Regulations, decisions issued by the Ministry, or in the contract Form approved by the Ministry.
14. Notify the Ministry of any violation by the Worker of what is imposed by the legislation in force. In this case the Employer must abide by what the Ministry decides in this regard.
15. Bear the expenses of returning the Worker to their country in accordance with the provisions of this Decree-Law and its Executive Regulations.
16. Commit to any other obligations stated in this Decree-Law or decided by its Executive Regulations or decisions issued by the Ministry.
Article (12) Worker's Obligations
The Worker shall abide by the obligations contained in the Employment Agreement in addition to the following:
The Worker shall:
1. Perform the work by themselves according to the direction and supervision of the Employer and in accordance with the provisions of the Employment Agreement, and in performing it they should exercise the necessary care and not stop working without an acceptable excuse.
2. Observe the customs and traditions of society and adhere to public morals.
3. Comply with the Employer's instructions regarding the implementation of the agreed work, unless these instructions contradict the contract, law, public order, public morals, or expose the Worker to danger or legal accountability.
4. Preserve the Employer's property, work tools, and all that is in their custody or at their disposal, fully take care of them, and take all necessary measures to preserve them and their safety.
5. Respect the privacy of the Workplace and not disclose secrets that are known to them by virtue of their work, even after its completion.
6. Refrain from using work tools outside the Workplace without the approval of the Employer. They shall keep such tools in the places designated for them.
7. Provide the necessary aid and assistance in cases of disasters and dangers that threaten the Workplace or the safety of those inside it.
8. Refrain from working under any form except under a work permit issued to them by the Ministry and in accordance with the terms of such permit.
9. Commit to any other obligations stated in this Decree-Law or decided by its Executive Regulations or decisions issued by the Ministry.
Article (13) Occupational Care and Safety
The Employer and the Worker shall abide by the approved occupational health and safety requirements and health prevention methods as stipulated in the Executive Regulations of this Decree-Law and any other legislation in force in the State.
Article (14) Temporary Recruitment
1.In the case of Temporary Employment, the Recruitment Agency shall be the Employer, without prejudice to the obligations of the Worker towards the natural person or their Family benefiting from the service. The Executive Regulations of this Decree-Law shall regulate the terms of Temporary Employment.
2.The provisions of this Decree-Law shall apply to Recruitment Agency Workers who work under the Temporary Employment system for the Beneficiary in terms of regulating their relationship with the Beneficiary.
Article (15) Wage
1.The monthly Wage shall be paid in UAE dirhams within a period not exceeding (10) ten days from its due date. The Ministry may set the system it deems most appropriate for the manner and guarantee of payment of Wages.
2.The Worker shall be entitled to Wages from the date of their entry into the State or from the date of their status adjustment. The payment of the Wage shall be evidenced by a written receipt or any other means of proof decided by the Ministry.
Article (16) Pay Deductions
1.If the Worker commits an act resulting from their grave mistake or violation of instructions that results in harm to the Employer by losing or destroying tools, machines, products or materials owned by the latter, or what is in the custody of the Worker or at their disposal, then the Employer, either with the consent of the Worker or with the approval of the Ministry if the Worker does not agree, shall deduct from the Wage an amount not exceeding a quarter of what is necessary to redress the damage as estimated by the Ministry. If neither of the two parties agrees to what the Ministry decides, the dispute shall be referred to the court.
2.Deductions from the Wages of the Worker shall be deducted from the Wages necessary for the payment of debts in implementation of a judicial ruling, provided that it does not exceed a quarter of such Wage.
Article (17) Wage Suspension
1.A Worker who is in pretrial detention shall have their Wages suspended for the duration of such detention.
2.If the criminal case is filed on the basis of a notification from the Employer and the criminal investigation does not result in trial or a final judgment is issued acquitting the Worker, then the Worker shall be paid their Wages for the period of detention, and in the event of conviction they shall be deprived of their Wage.
3.If the criminal case is filed on the basis of a notification from a person other than the Employer, and the Worker is eventually convicted, then the suspended Wage shall not be paid. However, if the criminal investigation does not result in trial or the Worker is acquitted, then the informant is obliged to pay the Wages, unless the Worker agrees with the informant to waive the Wages.
Article (18) Leaving Work
1.The Executive Regulations of this Decree-Law and the decisions issued by the Ministry shall determine the cases in which a Worker may leave work.
2.The Employer must notify the Ministry within (5) five days of the absence of the Worker from work without a legitimate reason.
3.The Worker must also notify the Ministry within two (2) days of leaving work without the knowledge of the Employer.
Article (19) End of Employment Agreement
The Employment Agreement ends in one of the following cases:
a. Expiry of its term unless renewed in accordance with the provisions of this Decree-Law and its Executive Regulations.
b. The death of the Worker or their disability during and because of work. The disability is established and its percentage is determined by a report from a specialized medical commission. The Employer shall bear the costs of returning the incapacitated Worker or the body of the deceased Worker to the Worker's country.
c. Death of the Employer; the Employment Agreement may continue to the end of its term in case of agreement between the Family and the Worker.
d. The Worker is convicted in a felony or sentenced to a freedom-restricting penalty in a felony or misdemeanour.
e. The agreement of the parties to terminate the Employment Agreement.
f. The Worker's exhaustion of their sick leaves or their lack of physical ability to perform work.
g. The absence of the Worker from work without an acceptable excuse during the contractual year for a period of (10) ten consecutive days or (15) fifteen non- consecutive days.
h.Evidence of a breach by one of the parties to the Employment Agreement of the obligations prescribed by law or agreement. In this case, the provisions of Article (20) of this Decree-Law shall apply.
2. The Employer shall pay all the Worker's financial entitlements within (10) ten days from the date of the Employment Agreement's expiry, according to the cases and in the manner specified by the Executive Regulations.
Article (20) Termination of Employment Agreement
1.Either party to the Employment Agreement may terminate it unilaterally if the other party breaches its obligations specified in Articles (11) and (12) of this Decree-Law.
2.If the Employment Agreement is terminated by the Employer for a reason not attributed to the Worker, then the Employer shall be required to provide a ticket for the Worker's return to the Worker's country, and the Employer shall also pay any other dues to the Worker owed by the Employer.
a.If the Employment Agreement is terminated by the Worker after the Probationary Period and for a reason attributed to the Worker, then the obligations shall be as specified in the following cases:
b.In the case of Direct Recruitment, the Worker shall bear the cost of returning the Worker to the Worker's country and any other dues to the Employer that are owed by the Worker. In the event that the Worker is unable to bear the cost of returning to the Worker's country, the Employer shall bear such cost.
c.If the Worker is recruited through a Recruitment Agency, then the provisions of Article (5) of this Decree-Law shall apply.
Article (21) Worker Transfer
1.The Worker shall have the right to transfer to a new Employer, provided that all contractual requirements contained in the Employment Agreement are fulfilled, taking into account the rights of the original Employer, and in accordance with the conditions and procedures issued by a decision of the Minister.
2.The Employer shall not be bound by the expenses of returning the Worker to the Worker's country if the Worker joins another job in accordance with the provisions of this Decree-Law, its implementing regulations and decisions issued by the Ministry.
Article (22) End-of-Service Gratuity
Based on the Minister's proposal, the Council of Ministers may approve the systems and mechanisms for calculating and paying the end-of-service gratuity for Workers.
Article (23) Settlement of Disputes and Complaints
1. Should a dispute arise between the employer and the domestic worker and then they fail to settle it amicably, they shall refer it to the Ministry. In this case, the Ministry shall have the right to take the following measures:
a. The Ministry shall take the measures it deems appropriate to settle the dispute amicably, in accordance with the procedures stipulated in the Executive Regulations of this Decree-Law and the decisions issued by the Ministry.
b. In the event that an amicable settlement is not reached within the period specified in the Executive Regulations of this Decree-Law, the Ministry shall refer the dispute to the competent court of first instance. The referral shall be accompanied by a memorandum containing a summary of the dispute, the arguments of the two parties, and the Ministry’s recommendation.
2. The Ministry shall be exclusively competent to consider and examine the complaints and disputes between employers and recruitment agencies. To this end, it may take the following actions:
a. The Ministry shall take the measures it deems appropriate to settle the dispute amicably between the two parties, in accordance with the provisions of this Decree-Law, its Executive Regulations, and the decisions issued by the Ministry.
b. If such amicable settlement is not reached within two weeks from the date of submitting the complaint, then it will be referred to the competent court of first instance. The referral shall be accompanied by a memorandum including a summary of the dispute, the arguments of the two parties, and the Ministry’s recommendation.
3. Subject to the provisions of Clauses (1) and (2) of this Article, the Ministry shall adjudicate, by virtue of a decision, the dispute brought to it in accordance with either of the above two clauses whenever the value of the claim, the subject matter of the dispute, does not exceed the amount of (AED 50,000) fifty thousand dirhams, or whenever the dispute is related to the failure of either party to abide by the amicable settlement decision previously issued on the subject matter of the dispute by the Ministry, regardless of the value of the claim.
4. The Ministry’s decision issued to determine the dispute in accordance with its powers stipulated in Clause (3) of this Article shall have the force of a writ of execution and shall be affixed with the executory formula in accordance with the usual procedures. Either party to the dispute may file a lawsuit before the competent court of first instance to hear the subject matter of the dispute within (15) fifteen working days from the date of being notified or served notice of the decision. The court shall schedule a hearing to hear the lawsuit within (3) three working days from the date of recording the lawsuit, and the two parties to the dispute shall be served a notice of same. This lawsuit shall be determined within (30) thirty working days from the date of recording the lawsuit. The ruling issued by the competent court of first instance on the merits of the dispute in accordance with the provisions of this clause shall be final. Filing a lawsuit shall result in the suspension of the implementation of the Ministry’s decision referred to in this clause.
5. A lawsuit filed before the competent court of first instance by a party to any of the disputes referred to in this Article shall be dismissed unless the procedures and time limits stipulated in this Article are observed.
6. Upon examining the disputes and complaints referred to in this Article, if the Ministry discovers any violations of the provisions of this Decree-Law or its Executive Regulations, the Ministry shall take measures to detect any violation and impose on the violators the penalty stipulated in this Decree-Law, its Executive Regulations and the related legislation in accordance with the mechanisms to be determined by a decision of the Minister.
7. Subject to the provisions of this Article, the Ministry shall have the right, during the consideration of the dispute or complaint, and in accordance with the mechanisms it specifies, to require the recruitment agency or the employer, as the case may be, to meet any obligations due therefrom under the provisions of this Decree-Law, its Executive Regulations, or the Employment Agreement, whether towards the Worker, the Employer or the Beneficiary, as the case may be.
Article (24) Inspection
1.The Ministry's officials designated by a decision of the Minister of Justice, in agreement with the Minister, shall have the capacity of judicial officers in proving actions that violate the provisions of this Decree-Law and its Executive Regulations and the decisions issued in implementation of them.
To this end, they may perform the following tasks:
a. Monitor the implementation of the provisions of this Decree-Law, its Executive Regulations and the decisions issued in implementation thereof.
b. Hold to account any violators of the provisions of this Decree-Law, its Executive Regulations, and the decisions issued in implementation thereof.
c. Inspect Recruitment Agencies.
d.Inspect Workplaces and residence of Workers, including those of Workers provided by Recruitment Agency.
2.Inspectors may not enter the residence of the Employer's Family except with the permission of their owners or the permission of the Public Prosecution, in any of the following two cases:
a.A complaint is filed by the Worker or the Employer.
b.Reasonable evidence of violations of the provisions of this Decree-Law and its Executive Regulations and the decisions issued in implementation thereof is found.
3.Shall be excluded from the provisions of Article (2) of this Article the Workers' places of residence and Workplaces, such as farms, manors, and the like, which are not considered a home for the Employer and their Family.
Article (25) Administrative Violations and Penalties
1.The Executive Regulation of this Decree-Law shall determine the administrative penalties for acts that violate the provisions of this Decree-Law, its Executive Regulations and the decisions issued in implementation thereof.
2.The Executive Regulation of this Decree-Law and the decisions issued by the Ministry shall determine the cases in which certain administrative measures may be taken against the Employer, the Worker, or Recruitment Agency to obligate them to comply with the provisions of this Decree-Law.
Article (26) Lawsuits
1.The State courts shall have jurisdiction to consider disputes and lawsuits brought for violation of the provisions of this Decree-Law and its Executive Regulations and the decisions issued in implementation thereof.
2.Lawsuits for any of the rights arising under the provisions of this Decree-Law shall not be heard after the lapse of (3) three months from the date of termination of the Work relationship.
3.Lawsuits filed by Workers in accordance with the provisions of this Decree-Law shall be exempted from all judicial fees at all stages of litigation, and their consideration shall be urgent.
Article (27) Penalties
1. The application of the penalties stipulated in this Decree-Law shall not prejudice any severer penalty stipulated in any other law.
2. Shall be imprisoned for a period not exceeding (6) months and/or charged a fine of no less than (20,000) Twenty Thousand Dirhams and no more than (100,000) One Hundred Thousand Dirhams any person who:
a. Provides incorrect information or documents with the intention of recruiting a Worker to the State to work in it.
b. Obstructs or prevents an official assigned to enforce the provisions of this Decree-Law and its Executive Regulations and the decisions issued in implementation thereof, or attempts or starts to prevent such official from performing their job, whether by using force, violence or threatening to use the same.
c. Divulges a work secret that they had come to know by virtue of their work as a public servant charged with enforcing the provisions of this Decree-Law and its Executive Regulations and the decisions issued to implement them, even after leaving such job.
3. Shall be fined an amount of not less than (50,000) Fifty Thousand Dirhams and not exceeding (200,000) Two Hundred Thousand Dirhams any person who:
a. Hires a Worker who is not authorized to work for them.
b.Recruits or hires a Worker then leaves them without work.
c.Uses work permits for Workers for purposes other than those for which they are issued.
d.Closes or ends the business of a Worker Recruitment Agency without taking the procedures for settling the Workers' rights in violation of the provisions of this Decree-Law, its Executive Regulations and the decisions issued in implementation of them.
e.Recruits a Worker under the age of (18) eighteen Gregorian years in violation of the provisions hereof.
f.Facilitates the abandonment by a Worker of such Worker's work or provides them with shelter for the purpose of exploiting the Worker or provide the Worker with unauthorized employment.
4. Shall be imprisoned for a period not exceeding a year and/or charged a fine of no less than (200,000) Two Hundred Thousand Dirhams and no more than (1,000,000) One Million Dirhams any person who:
a. Engages in the activity of any Mediation or Temporary Employment of Workers in the State without a licence in accordance with the provisions of this Decree-Law and its Executive Regulations and decisions implementing them.
b. Exploits or misuses the electronic powers granted to them to access the Ministry's systems, or enables others to do so, resulting in a breach of the procedures, work relationships, or the Ministry's systems.
5. A Recruitment Agency that fails to comply with any of the provisions of this Decree-Law or its Executive Regulations or the decisions implementing them, shall be punished with a fine of not less than (50,000) Fifty Thousand Dirhams and not exceeding (200,000) Two Hundred Thousand Dirhams.
6. A fine of no less than (5,000) Five Thousand Dirhams and not more than (1,000,000) One Million Dirhams shall be imposed on anyone who violates any other provision of this Decree-Law or its Executive Regulations or the decisions implementing them.
7. The fine imposed in accordance with the provisions of this Decree-Law and its Executive Regulations or the decisions implementing them shall be multiplied by the number of Workers in respect of whom the violation occurred, and up to a maximum of (10,000,000) Ten Million Dirhams.
8. In the event of re-committing any of the violations referred to in this Decree-Law and its Executive Regulations and decisions implementing them before the lapse of one year from the date of the judgment, the penalty shall be doubled for the offender.
Article (28) Final Provisions
1.The rights stipulated in this Decree-Law represent the minimum rights of Workers. The provisions of this Decree-Law do not prejudice any of the rights granted to the Worker under any other legislation, agreement, acknowledgment, regulation, or Employment Agreement that entitles the Worker to rights more beneficial than the rights established under the provisions of this Decree-Law.
2.Upon the proposal of the Minister, the Council of Ministers shall have the power to change the periods mentioned in this Decree-Law in a manner that achieves a balance in the relationship between the concerned parties and stipulated in this Decree-Law or as required by the public interest.
3.The Council of Ministers, or whomever it delegates, shall determine the minimum salary/monthly income for a foreign resident in the event they desire to recruit or employ a Worker, and shall set any other controls in this regard.
4.Every condition in an Employment Agreement or contract that contradicts the provisions of this Decree-Law, its Executive Regulations and the decisions implementing them, even if it is prior to its enforcement, shall be null and void unless it is more beneficial to the Worker.
5.Arabic is the language approved in all records, files, data, Forms, contracts and other provisions of this Decree-Law and its Executive Regulations and the decisions issued in implementation of them, provided that, beside Arabic, another language understood by the non-Arabic speaking Worker is provided. It shall be taken into account that the non-Arabic text fully matches the Arabic text. In the event of discrepancies, the Arabic text shall prevail.
6.All amounts owed to the Worker or their heirs pursuant to the provisions of this Decree-Law shall have a priority over all of the Employer's movable and real estate funds. They shall be collected immediately after collecting the amounts due to the public treasury and legal alimony.
7.In all cases of ending the work relationship, the Ministry shall have the authority to grant the Worker a new work permit, or not to grant it, for the periods it deems appropriate in accordance with the rules it determines in this regard.
Article (29) Fees
Based on a proposal by the Minister and presented by the Minister of Finance, the Council of Ministers shall issue a decision determining the fees necessary to implement the provisions of this Decree-Law and its Executive Regulations.
Article (30) Executive Regulations
Upon the Minister's presentation, the Council of Ministers shall issue the Executive Regulations for this Decree-Law within (3) three months from the date of its publication.
Article (31) Repealing
1.Law No. 10 of 2017 on Domestic Workers is hereby repealed, as is any provision that contradicts or contradicts with the provisions of this Decree-Law.
2.The decisions, regulations, and rules that were in force prior to the issuance of this Decree-Law shall continue to be in force in a manner that does not conflict with this Decree-Law's provisions, until the issuance of their replacements in accordance with the provisions of this Decree-Law.
Article (32) Publication and Implementation
This Decree-Law shall be published in the Official Gazette and shall come into force after (3) three months from the date of its publication.
Translated in cooperation with