The UAE has introduced several amendments to its law on domestic workers to smoothen the process of resolution in case there exists some dispute between a domestic worker and their employer, as well as with the recruitment agency. These new regulations have been enshrined in a recent federal decree law and detail the changes for enhancing the course of labor rights and resolving conflicts without any undue delays. This article explores the key changes under the new law and what they mean for all parties involved. you can also consult experts like hhs lawyers in Dubai.
Key Amendments in the Domestic Workers Law
- Dispute Resolution Shifted to Court of First Instance:
The most prominent of these amendments is the shifting of dispute resolution to the Court of First Instance. While disputes in the past were referred to the Court of Appeal only when an amicable settlement could not reach an agreed-upon verdict, now it will be the Court of First Instance that will be the final arbiter.
It is thus expected to speed up the process of resolution and reduce time, hence saving resources that were initially used in settling disputes. The case will reach the Court of First Instance only after the Ministry of Human Resources and Emiratisation (MoHRE) has attempted to mediate the dispute. If an amicable settlement is not reached within the specified timeframe, MoHRE has to forward the case to the Court of First Instance.
- Jurisdiction of MoHRE in the Resolution of Disputes:
The new law also empowers MoHRE with greater powers in the settlement of disputes relating to domestic workers. The ministry may now settle such disputes if the total claim amount does not exceed AED 50,000. Besides that, MoHRE can hear claims for non-compliance of a previously issued verdict from the ministry.
By granting MoHRE such powers, the UAE is bringing on board an easier and simpler possibility for domestic workers and their employers to settle their disputes. Thus, this approach relieves the courts of excessive workloads in addition to effectively dealing with small disputes inexpensively and speedily.
- Timely Referral of Unresolved Disputes:
The new regulations go further to elaborate and stress timely resolution. In case a settlement agreement is not reached within the set period, MoHRE is under obligation to forward the matter to the Court of First Instance. This is very important in ensuring no case stays unresolved for a very long time, hence bringing clarity and closure to the disagreeing parties.
Where a dispute is referred to the Court of First Instance, any of the parties could file a lawsuit within 15 working days of being notified. Filing an action will cause the suspension of the application of MoHRE’s decision in order to give the court the chance to review the case completely before taking the final measures.
Implications of the New Law
- Faster Resolution of Disputes
The new law is expected to reduce the time it takes for resolution in disputes related to domestic workers. Involving the Court of First Instance at an earlier stage and increasing MoHRE’s authority over smaller claims are some of the measures being taken by the UAE to accelerate procedures relating to dispute resolution. It will benefit not only domestic workers but also their employers by reducing stress and uncertainty linked with long-running disputes.
- Increased Accessibility to Justice
This new law makes justice more accessible to both domestic workers and their employers, as it allows MoHRE to resolve disputes that involve smaller claims. In particular, domestic workers cannot afford courts of law at high costs, nor do they have the relevant legal expertise to understand the process of the court systems. MoHRE’s involvement will, therefore, ensure that disputes are resolved fairly and impartially.
- Finality of Decisions from the Court of First Instance
Another major implication of the new law is that the decisions of the Court of First Instance are final. The effect is that when a case is sent to a court of first instance and a decision is reached, that decision is final. All parties to the dispute are thus given closure, and there will be no dragging of disputes through multiple levels of appeal. It further reinforces the first step of dispute resolution because parties are advised and encouraged to come up with a settlement before the case reaches the courts.
Conclusion
The amendment to the UAE domestic workers law is a significant step toward protecting the rights of domestic workers in the UAE, with the assurance of a fair and efficient resolution of disputes. This is so because of the shift of the final stage of dispute resolution to the Court of First Instance, vesting MoHRE with the power over small claims, and laying emphasis on the timely referral of unresolved disputes. In such a way, the UAE has presented the parties at large with a more streamlined and easily accessible process.
Domestic workers, employers, and recruitment agencies should be aware of the amendments and their rights and duties provided by the law. In this manner, they can better go through the dispute resolution process and ensure that disputes can be fairly and timely resolved.
How HHS Lawyers Can Assist
The new domestic workers law is indeed comprehensive and covers the rights of both the employer and the domestic worker. HHS Lawyers is here to help; our committed and knowledgeable legal professionals are up-to-date and well-placed to guide you on how to resolve a dispute with your domestic worker in line with UAE law. Whether you need support in mediation, representation before a court of law, or advisory services on how to comply with the new set of regulations, HHS Lawyers will listen to you and remain at your service. Do feel free to contact us with any further questions or queries at your end.
