Question: I am looking to hire a maid. I am seeing so much information online that I am confused. How do I hire a maid legally?
Answer: It is assumed that you are a UAE resident who wishes to hire (sponsor) a domestic worker. Therefore, the provisions of Federal Decree No.9 of 2022 Concerning Domestic Workers and Cabinet Resolution No. 106 of 2022 Pertaining to the Executive Regulations of Federal Decree Law No. 9 of 2022 Concerning Domestic Workers are applicable.
The provisions of the UAE Domestic Workers Law and its subsequent ministerial resolutions are silent on the salary requirements and marital status of an employer who intends to employ and/or sponsor a domestic worker. However, by practice, an employer may have to fulfil minimum salary criteria, marital status and number of rooms in the apartment or villa where a proposed domestic worker will work. Furthermore, the provisions of UAE law emphasise recruitment of domestic work through government-recognised maid recruitment agencies.
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A recognised maid recruitment agency in the UAE may not recruit a domestic worker in the UAE without obtaining a work permit from the Ministry of Human Resources and Emiratisation (MoHRE). This is in accordance with Article 4(1) of the UAE Domestic Workers Law which states, “Domestic workers may not be hired or temporarily employed without a license from the Ministry, in accordance with the provisions of the Implementing Regulation of this Decree-Law and the decisions of the Ministry relating thereto.”
It is mandatory for an employer or a recruitment agency of a domestic worker to have an employment contract signed with a domestic worker and registered with the MoHRE. This is in accordance with Article 6 and Article 7 of the UAE Domestic Workers Law.
An employer/sponsor of a domestic worker needs to follow the guidelines and provisions of UAE Domestic Workers Law while employing a domestic worker at his or her residence. It may include but is not limited to providing the domestic worker with the facilities to perform her duties, providing appropriate accommodation, provision of food and means, clothing if required to perform the duties, timely payment of remuneration, incurring costs related to health insurance, be respectful to the domestic worker and the domestic worker should be allowed to retain her official documents. This is in accordance with Article 11 of the UAE Domestic Workers Law which states the obligations of the employer/sponsor towards a domestic worker.
Moreover, Article 7 of the Cabinet Resolution 106 of 2022 on Domestic Workers Law states that an employer/sponsor may not employ a domestic worker 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 a weekly holiday to a domestic worker.
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: [email protected] or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.