Domestic Workers and the Nature of Their Employment Contracts

The employment relationship for domestic workers has a unique nature in terms of both its subject matter and the relationship between the domestic worker and the employer. This distinction led the legislator to regulate this relationship under a separate law, distinct from Federal Law No. 33 of 2021 concerning labor relations regulation. Instead, the legislator organized domestic worker relations under Federal Decree-Law No. 9 of 2022 on Domestic Workers and its executive regulations, issued under Cabinet Decision No. 106 of 2022.

In this article, we will clarify who domestic workers are, the nature of the contract binding them to their employer, and the contract that precedes their recruitment into the UAE, considering that the recruitment of domestic workers occurs through licensed agencies or companies within the country.

1. Who Are Domestic Workers?

Federal Decree-Law No. 9 of 2022 refers to the executive regulations for defining domestic workers, as specified in the aforementioned Cabinet Decision. These regulations identify the following professions as domestic work:
“Household service worker, sailor, security guard, shepherd, horse groomer, camel trainer, falconer, laborer, housekeeper, cook, nanny, farmer, gardener, personal trainer, private tutor, home care provider, private trainee, private agricultural engineer, private driver.”

2. The Nature of the Contract Binding Domestic Workers to Employers

The employment relationship between an employer and a domestic worker begins with a contract between the employer and a licensed domestic worker recruitment agency. This contract follows a standardized model prepared by the Ministry of Human Resources and Emiratisation (MOHRE) and includes the following details:

• The skills and qualifications required by the employer for the domestic worker.
• The type of work required from the domestic worker.
• The agreed-upon wage for the domestic worker.
• The cost of transporting the domestic worker from their home country to the UAE.

3. The Employment Contract Between the Domestic Worker and the Employer

After the domestic worker arrives in the UAE, an employment contract must be signed between them and the employer. This contract must include:

• The names of both parties (employer and domestic worker).
• The place of work.
• The start date of employment.
• A description of the work duties.
• The duration of the contract.
• The wage amount.
• A breakdown of the basic wage.
• The method of wage payment.
• The worker’s leave entitlements.
• A probation period, if applicable.
• The worker’s rest periods.
• Conditions for termination of the employment relationship.
• Any additional terms required by the nature of the job.

This contract must follow the template prepared by MOHRE.

4. Fixed-Term Nature of Domestic Worker Contracts

The law mandates that domestic worker contracts be fixed-term with a two-year duration. According to the law, the contract period cannot be shorter or longer than two years. If the employment relationship continues beyond the two-year period, the contract is considered automatically renewed for another two years.

5. Termination of the Employment Relationship

The law permits the employment relationship to be terminated before its expiration by mutual agreement between the domestic worker and the employer. This follows general contract principles that allow both parties to mutually rescind an agreement.

Other legal grounds for terminating the employment relationship include:

• Completion of the contract term.
• The worker’s death or an injury rendering them unfit for work.
• The employer’s death.
• The worker’s conviction for a criminal offense.
• The worker exhausting their sick leave entitlement.
• The worker being absent for 10 consecutive days or 15 separate days in one contractual year.
• Any breach of the employment contract terms by either party.

In all cases, the domestic worker is entitled to receive their full financial entitlements from the employer upon termination of the employment relationship. The employer must settle these dues within 10 days from the date of contract termination or expiration.