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In the pursuit of household assistance, individuals often consider hiring a maid or cleaner who already possesses her own visa. While this might seem like a convenient solution, the legality of such a hiring decision depends on various factors, including the specific immigration laws and regulations of the jurisdiction in question.
There are strict rules in the UAE that govern the employment of 19 categories of domestic workers, including housemaids, cleaners, personal drivers, cooks and housekeepers.
The new regulation, which came into effect in December 2022 under Federal Decree Law No. 9 of 2022 Concerning Domestic Workers, has tightened in recent years to protect these jobs.
Domestic workers can only be employed via an agency such as Tadbeer or be sponsored as a direct employee, but only if the sponsor meets specific requirements such as a salary of Dh25,000 per month.
The sponsored employment must also be arranged via a government-licensed agency and standard contracts of employment must be used.
It is illegal to employ any domestic worker who claims to have their own visa, or anyone who is under the sponsorship of another resident.
This means that a domestic worker cannot work part-time for anyone other than their sponsor unless they are agency staff employed via a registered company on an hourly basis.
The fines for breaking the law are significant and are clarified in the latest legislation, which states: “A fine of at least AED 50,000 (Fifty Thousand Dirhams) and up to AED 200,000 (Two Hundred Thousand Dirhams) shall be imposed on those who commit the following: a. Provides employment to a domestic worker without obtaining a work permit for the latter.”
Employers must be aware of these restrictions to ensure compliance with the law. Violating the terms of a visa can have serious consequences for both the employer and the employee, including fines, deportation, or other legal penalties.
In complex legal matters, seeking professional advice is paramount. Employers considering hiring a maid with her own visa should consult with immigration lawyers or experts well-versed in local regulations. Legal professionals can provide tailored guidance based on the specific circumstances, ensuring that both parties adhere to the applicable laws.
While hiring a maid with her own visa can be a viable option, it is imperative to navigate the legal landscape carefully. Understanding visa types, complying with local regulations, and seeking legal advice are crucial steps in ensuring a lawful and smooth employment arrangement. By staying informed and proactive, employers can make informed decisions that benefit both their households and the individuals seeking employment.
