In the UAE, fresh legislation pertaining to the hiring of domestic workers in the country has become active from December 15 onwards. The law specifies the duties and alliances among recruiters, employers and domestic workers and the rights of these people.
As per the Ministry of Human Resources and Emiratisation (Mohre) in the UAE, the terms of violations have been clarified. So, if the domestic worker reneges upon the contractual obligations, the new law makes it apparent that employers/UAE residents have the right of asking refund.
When Employers Can Seek Refund?
- In case the worker turns out to be inept or conducts in an unprofessional manner during the period of probation
- If the domestic worker breaks the contract or puts in his or her paper for an improper reason
- If the employer cancels the contract for not adhering to conditions in the initial agreement, or if the contract ends between the employer and the recruitment agency
However, Mohre makes it clear that refunds are not possible if the employer hires the domestic worker directly without the help of recruitment agencies.
The move comes across as a big relief for both UAE residents and domestic workers as till now the professional alliance were not formal.
How To Arrive At Refund Amount?
Mohre has prescribed a precise way of arriving at a refund amount.
If it can be proved that the three aforementioned conditions have been violated within the first month of employment, or if the worker’s health does not allow him to discharge duties during the probation period, then the recruitment agency has no option but to pay the total recruitment fee to the employer.
Or else, the below-given formula can be used to ascertain the refund amount:
Refund = Entire recruitment cost ÷ the period the worker has worked X Remaining period of the work contract