Filipino Domestic Workers are hopeful about the release of United Arab Emirates’ Domestic Helper Law, which would bring about positive change in their employee-employer relations. Here are the changes to expect when the law begins implementation this December.
A new legislation in the UAE aimed specifically for domestic workers is anticipated to bring about positive change before the year 2022 ends.
The provisions of the UAE Domestic Helper Law set to be implemented this December 2022 (specified in the next page) are very similar to the specified instructions of Former President Rodrigo Duterte to ensure the safety of domestic workers – which by Philippine law, are only allowed to head overseas to work for households, provided that they are under a ‘Unified Employment Contract’ or UEC.
Like the UEC, Filipino domestic workers are ensured of a boosted working condition under the Domestic Helper Law.
The provisions of the UEC include that a domestic worker must be able to take at least eight continuous hours of sleep every night and must be allowed to cook their own food. They must be allowed to take a break that is paid, outside the residence of the employer, at least one full day every week.
The policy also specified that they must be able to keep their passport or identification documents and the employer is not allowed to hold them. The domestic worker must also be allowed to have and use mobile phones and other communication devices and the employer is prohibited from confiscating them. Apart from that, they are required to have a bank account under their name for the payment of salary.
Majority of UAE households have both parents working 9-5s – and with kids in tow, they often resort to securing household help to keep their homes in order.
A 2016 study from Statista cites as of 2016, domestic staff comprise about 6 per cent of the UAE’s entire population. To put that in perspective, if there are 10 million residents in the UAE, this is equivalent to 600,000 domestic workers that are currently employed in the country. Of this number, Filipino household help comprise a large chunk – seeing that one in five or nearly 20 per cent of Filipino expats are working in this sector.
Almost all these measures are the same as the provisions listed under the UAE’s new Domestic Helper Law which will cover not just Filipinos but all domestic helpers in the UAE starting December 15, 2022.
Social impact
The Philippine Embassy in the UAE considers the announcement of the new Domestic Helper Law a major development as it will bolster the protection of domestic workers.
Her Excellency Ambassador Hjayceelyn Quintana stated that this move by the UAE government underscores their commitment towards safeguarding expatriates’ welfare.
“The Embassy of the Philippines in Abu Dhabi welcomes the UAE’s strong and continuing efforts to protect the welfare of its expatriate workers, specifically those who are employed in the households. Last year, we saw how the Philippines and the UAE successfully worked together to strengthen mechanisms for the protection of the rights and welfare of Filipino Household Service Workers (HSWs) which led to the resumption of their legal deployment to the UAE. The updated rules would be effective in addressing the problems faced by the vulnerable sector and shows that the host government is serious in ensuring an environment where they are safeguarded,” said Ambassador Quintana.
Unlike office employees, domestic helpers are considered to be a more vulnerable sector as their working spaces are within the confines of their employer’s homes.
In the past, there were instances when household help, including Filipinos, who had to seek help as they were vulnerable to extreme working conditions and unjust compensations. This also resulted to the halt of deployment of Filipino domestic helpers back in 2014.
Lorelie Mirasol, who has been a domestic worker in Dubai for more than 12 years, recalled how difficult it was back then without policies protecting them.
“Kawawa ang mga domestic helpers, walang off. Walang oras kung kailan matatapos ang trabaho, laging halos late na natatapos dati. Yung iba, hindi man lang naranasan ang public and private holidays and yearly na bakasyon,” said Mirasol.
Mirasol said that she is thankful that the Philippine government made a proactive measure that she considers a game-changer for domestic helpers like her – a measure that will become even stronger with the announcement of UAE’s new Domestic Helper Law.
“Swerte na lang namin at napunta kami ngayon sa mga amo na sumusunod sa batas,” said Mirasol.
Right now, she gets regular breaks, a yearly vacation, and holiday offs. All of these are included in the workers’ privileges and conditions implied by the Philippine government when they resumed the deployment of domestic helpers in the UAE.
Author and nanny Ester Vargas-Castillo, who has written a book mostly incorporating her experiences as a nanny said that she considers the law as an answered prayer for domestic workers regardless of their nationality.
“This new law is an answer to our prayers, not just for Filipino domestic workers but to all nationalities as well. We wanted to thank the initiatives of the UAE government for taking into consideration the plight of the domestic work force in this country. Indeed this place is a land of opportunity regardless of status and position,” said Vargas-Castillo.
Proactive measures
Last year, a delegation from the UAE headed by Saif Ahmed Alsuwaidi, undersecretary of the Ministry of Human Resources and Emiratisation (MoHRE) met with Labor Undersecretary Claro Arellano in the Philippines to discuss and formally sign an agreement on the resumption of the deployment of domestic helpers which was suspended since 2014.
Philippine Overseas Labor Office (POLO) Dubai and Northern Emirates’ Labor Attaché Atty. John Rio Bautista, who has worked to defend the rights of overseas workers as a lawyer of POEA in the past, was one of the key individuals behind the talks and formulation of the agreement between the two countries – a proactive measure that now safeguards Filipinos even before the Domestic Helper Law was announced.
“We congratulate the UAE government for the passage of the new law, (Federal Law No. 9 of 2022), amending Federal Law No. 10 of 2017 and related laws, that provides further protection to our Domestic Workers. The new law recognizes the international agreements, including the bilateral agreement with the Republic of the Philippines on the recruitment, deployment, and employment of domestic workers. It likewise establishes the minimum standards and obligations of each party. The new legislation also strengthens action and provided harsher penalties against illegal recruitment and employment and violation of the rights and welfare of domestic workers. Indeed, the UAE is in the forefront in the recognition of international instruments issued for the domestic workers and the issuance of Federal Law No. 9 of 2022 is a clear manifestation of its commitment to uphold the rights and uplift the welfare of our domestic workers,” said Atty. Bautista.
Starting March 30, 2021, the Philippines resumed deployment of domestic helpers who are covered by a ‘unified employment contract’ (UEC).
Under the said contract, both the employer and the foreign recruitment agencies, as well as the Philippine recruitment agencies shall be held liable should anything happen to the Filipino workers.
Harlene Roja shared that while she is fortunate to have a good working experience as a domestic helper in the UAE, she considers the new law an added protection to other Filipino domestic helpers who experience otherwise.
“Swertehan lang talaga sa amo lalo dito sa Middle East. Yung iba, maliit na nga sahod mo yung amo abusado pa. Thank God ako sa mga amo ko, binayaran nila ako ng tama, pati ticket ko sagot nila at pinapayagan din akong lumabas. Hinahayaan din nila ako kung anong gusto kong food,” said Roja.
Stricter penalties
The Domestic Helper Law will ensure that contractual obligations are met over wages, accommodation, and medical treatment. According to MoHRE, the law aims to “provide exceptional services that achieve comfort, satisfaction, and happiness for employers and employees alike.”
It entails fines of up to Dhs 10 million for rule-breakers.
“The ministry is keen on building on the UAE’s achievements in supporting domestic helpers by committing to its role in overseeing the enforcing of laws, decisions, and legislation that would regulate recruitment and employment of domestic helpers in line with international best practices during the contractual period,” the ministry said in a statement.
The penalties which also includes possible imprisonment will protect thousands of maids, nannies, cooks, and gardeners across the Emirates.
“It also protects the rights of domestic helpers and meets the aspirations of both parties, which contributes to reduced labour disputes and enhances the UAE’s competitiveness,” stated the Ministry.
Take a look at the new Domestic Helper Law and learn more about how it safeguards the rights of employees, employers, and recruitment agencies.
The Domestic Helper Law: What you need to know
The Ministry of Human Resources and Emiratisation (MoHRE) said that the Federal Decree-Law No. 9 of 2022 regarding domestic helpers aims to regulate the employment relationship of domestic helpers in the UAE.
It aims to guarantee the rights of all parties involved, whether employer, employee, or recruitment agency, and outline their responsibilities towards each other, set clearly in line with the UAE’s prioritisation of human rights.
Domestic Helpers’ Rights
- A paid one-day break per week, however, if they work on their day off, they’re entitled to a day in lieu or a cash compensation
- No less than 12 hours break per day, 8 hours of them to be consecutive
- A yearly paid vacation of no less than 30 days
- Once every 2 years, the employer will bear the cost of a two-way air ticket for the domestic helper to spend vacation in their home country
- Sick leave of no more than 30 days, consecutive or divided, within a contractual year as needed
- That case is conditioned by a medical report from a credible health authority in UAE
- The first 15 sick leaves to be fully paid; the other 15 days to be half-paid
- Receiving a copy of their employment contract
Employer’s Rights
- The employer has the right to refuse employing a domestic helper that a recruitment agency has brought in if the agency violated conditions stated in the contract
- In this case, the recruitment agency must secure another domestic helper or refund any amounts paid
- The employer is not obligated to pay for the domestic helper’s return to their home country if they move to another job
- The domestic helper must respect the privacy of the employer and withhold from disclosing any secrets
Duties of recruitment agencies
- Carrying out the necessary health checks of the domestic helper at least 30 days before entering the country
- Educating the domestic helper of the UAE’s social norms and culture
- Securing appropriate accommodation and living conditions for domestic helpers
Implemented Penalties
- A fine of Dh20,000 and Dh100,000 and up to six months in prison for those who provide untruthful information or fake documents to employ domestic helpers.
- Those who will hire unlicensed workers, recruit staff but do not provide a job, or use permits for domestic workers for purposes other than those for which they were issued, will be fined a minimum of Dh50,000 and a maximum of Dh200,000.
- The new also implies same penalty applies to those who close recruitment agency operations without settling wages owed to domestic workers.
- Those who employ a minor (under the age of 18 years) or assist a worker to abscond or shelter absconding workers with an aim to exploit them in illegal activities face fines of up to Dh200,000.
- Fines of between Dh200,000 and Dh1 million and jail time of up to one year can be imposed for attempting to employ a worker ― on a full-time or temporary basis ― without a permit and misusing login credentials for the ministry’s online portal.
- Fines related to employing unlicensed workers will be increased based on numbers of workers, up to a maximum of Dh10m.
- Repeat offenders will receive doubled penalties.
