Disputes between domestic workers and their employers can be resolved faster under new regulations introduced by the Ministry Human Resources and Emiratisation (Mohre). The new law announced last week also “creates a fair and equitable relationship between the two parties,” a domestic workers and migrant rights advocate told Khaleej Times.
Any case involving Dh50,000 or less will now be directly resolved by Mohre and does not require to be referred to the court. If, however, an amicable settlement is not reached within a designated timeframe, Mohre will refer the dispute to the Court of First Instance — instead of the Court of Appeals — as a last resort.
Moreover, any party to the dispute may file — within 15 working days of being notified — a lawsuit with the Court of First Instance to contest the ministry’s decision. Filing a lawsuit will suspend the enforcement of the Ministry’s decision.
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“In a nutshell, the new Mohre regulations save time and effort; streamline procedures, and expedite the procedure for claimants to collect their legal entitlements,” noted Dubai-based migrant rights’ advocate Barney Almazar.
Who benefits from the new law?
The new regulations are beneficial to both domestic workers and their employers as lengthy legal disputes that adversely affect them both will be avoided.
Almazar noted: “Previously, Mohre had no power to issue a decision as disputes were only referred to the courts for a formal hearing and decision — a process that was favourable to employers as they can endure lengthy legal battles.
“Now, Mohre can immediately resolve domestic worker disputes if the claim’s total amount does not exceed Dh50,000 or if the dispute involves non-compliance with a prior decision issued by the ministry,” he added, underscoring: “Amendments to UAE labour laws – at the core – are instruments of social justice. They aim to establish a fair and equitable relationship between domestic workers and employers, while recognising the inherent power imbalance in favour of employers.”
A swift resolution mechanism also gives relief to employers as they are not bogged down by the requirement to attend any court hearings and appear before a judge.
How does the new law protect domestic workers?
Analiza Villao, 52, one of the founders and current president of Filipino Kasambahay Club (FKC) – an organisation of about 100 nannies and domestic workers in Dubai – lauded the new powers of Mohre. She said: “We are more optimistic that Mohre can now immediately resolve our issues and concerns. We now know where we should run and the process has been made simpler, unlike before when we were confused where to go.”
“For our part, what we will do is to spread awareness about these new regulations. We will tell our members and other domestic workers as well that they can easily go to Mohre for any complaints and issues they face at their workplace,” she added.
Almazar, who is also director at the corporate-commercial department of Gulf Law, added domestic workers are now empowered to pursue legal actions against erring employers. “If they were previously dissuaded from filing a case due to the cost and lengthy time associated with formal court proceedings, they can now simply lodge a complaint with Mohre,” he explained.
Almazar noted: “For a simple case, if you will get a lawyer, the minimum fee would be about Dh15,000 – and some cases are far below this amount. Moreover, even though labour cases are exempt from court fees, almost 50 per cent of cases are abandoned by domestic workers as they don’t have the resources to stand a long court trial.”
“The amendment to the powers of Mohre is a significant step towards fostering social justice in the workplace. It protects domestic workers and it comes in line with the changes to the UAE Labour Law that took effect in January this year,” added Almazar.
Can Mohre’s decision be disputed?
Yes, in the absence of amicable settlement, any party to the dispute may file — within 15 working days of being notified — a lawsuit with the Court of First Instance to contest the ministry’s decision. The court then schedules a hearing within three working days. The ruling of the Court of First Instance is final, and filing a lawsuit will suspend the enforcement of Mohre’s decision.
Almazar, however, is more optimistic that a swift resolution can be reached “to ensure the overall well-being of domestic workers, who are now provided with a more accessible platform to seek redress.”