The UAE Government has issued a Federal Decree-Law that revises certain provisions of the existing law on domestic workers. These changes are designed to enhance the rights of everyone involved in employment and to make it easier and faster to resolve disputes.
The new Federal Decree-Law amends the handling of disputes involving domestic workers by moving these cases from the Court of Appeal to the Court of First Instance. All pending applications, disputes, and grievances currently with the Court of Appeal must be transferred to the Court of First Instance without any fees, effective from when the new law takes effect. However, this does not apply to cases that have already been decided or are in the final stages of sentencing.
The Federal Decree-Law states that if a dispute arises between an employer, a domestic worker, or a recruitment company and cannot be resolved amicably, the matter must be referred to the Ministry of Human Resources and Emiratisation.
The Ministry Of Human Resources And Emiratisation Can Take Measures To Solve The Issues
The Ministry of Human Resources and Emiratisation is authorised to take appropriate steps to resolve disputes amicably, following the procedures outlined in the executive regulations and decisions of the Federal Decree-Law.
If an agreement is not reached within the specified time frame, the Ministry of Human Resources and Emiratisation must refer the dispute to the competent Court of First Instance. This referral should include a summary of the dispute, the arguments from both parties and the Ministry of Human Resources and Emiratisation's recommendations.
Additionally, the Ministry of Human Resources and Emiratisation can resolve disputes where the claim amount does not exceed Dhs 50,000 or when a party fails to comply with a prior agreeable settlement decision made by the Ministry of Human Resources and Emiratisation, regardless of the claim's amount.
In such cases, the Ministry of Human Resources and Emiratisation's decision will function as an executive instrument and be treated as an enforcement order according to standard procedures.
Any party involved in the dispute can challenge the Ministry of Human Resources and Emiratisation's decision by filing a lawsuit with the competent Court of First Instance within 15 working days of being notified.
The Court of First Instance's ruling on this matter is final, and filing the lawsuit will temporarily halt the enforcement of the Ministry of Human Resources and Emiratisation's decision.