Question: I have hired a maid under my own sponsorship in the UAE. If I am unhappy with her performance, can I terminate her employment contract before it expires? What are my rights as an employer, what legal procedures must I follow, and what are my obligations towards the worker when terminating her services?
Response: Pursuant to the queries, the provisions of UAE domestic worker law and the subsequent cabinet resolution are applicable.
In accordance with Article 20(1) of the Federal Decree-Law No. 9 of 2022 Concerning Domestic Workers, as amended (the “UAE Domestic Workers Law”), either party may terminate the employment contract unilaterally if the other party breaches the obligations specified in Articles 11 UAE Domestic Workers Law and Article 12 UAE Domestic Workers Law.
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Article 11 of UAE Domestic Workers Law sets out an employer's obligations, including paying the agreed wages, providing appropriate accommodation and medical care, and treating the worker with dignity. Article 12 of UAE Domestic Workers Law requires the worker to perform the agreed work with due care, comply with lawful instructions from the employer, and safeguard the employer's property.
Accordingly, if the domestic worker fails to perform the agreed duties with the necessary care or breaches other obligations under Article 12 UAE Domestic Workers Law, you may consider terminating the employment contract under Article 20(1) of the UAE Domestic Workers Law, subject to the facts and applicable procedures.
Further, Article 20(2) of the UAE Domestic Workers Law provides that where the employer terminates the agreement for a reason not attributable to the worker, the employer must provide a return ticket to the worker's home country and pay any other outstanding dues owed to the worker. Therefore, the circumstances and grounds for termination are relevant when determining your obligations towards the worker.
“If the Employment Agreement is terminated by the Employer for a reason not attributed to the Worker, then the Employer shall be required to provide a ticket for the Worker's return to the Worker's country, and the Employer shall also pay any other dues to the Worker owed by the Employer.”
If a dispute arises between an employer and a domestic worker, the matter may be referred to the Ministry of Human Resources and Emiratisation (“MOHRE”) for resolution in accordance with the applicable procedures. This is in accordance with the Article 13 (1) of the Cabinet Resolution No. 106 of 2022 Concerning the Executive Regulations of Federal Decree-Law No. 9 of 2022 Concerning Domestic Workers
“If a dispute arises out between the Domestic Worker and the Employer and they fail to settle it amicably, they shall refer it to the Ministry through the channels determined by the Ministry.”
Based on the aforementioned provisions, you may consider terminating the domestic worker's employment before the contract expires for valid reason. Before terminating the employment, you should document the relevant performance concerns, review the employment contract, settle all outstanding wages and other entitlements, and complete the applicable work permit and residence sponsorship cancellation procedures. The return travel costs should be addressed in accordance with Article 20 of the UAE Domestic Workers Law.
For further clarification on the applicable procedure, you may contact Mohre
Applicable law:
Federal Decree-Law No. 9 of 2022 Concerning Domestic Workers
Cabinet Resolution No. 106 of 2022 Concerning the Executive Regulations of Federal Decree-Law No. 9 of 2022 Concerning Domestic Workers
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
Disclaimer: The information provided above is intended for general guidance and does not constitute legal advice. It is recommended to seek formal legal counsel.