UAE law clarifies when employers can end domestic worker contract before expiry

A UAE employer considering terminating a domestic worker’s contract before its agreed end date may do so only if the worker has violated specific legal obligations, and the employer must then fulfil certain financial and procedural duties, the country’s domestic worker law stipulates.

The question was posed to a legal expert: a sponsor who had hired a maid under personal sponsorship wanted to know whether dissatisfaction with her performance permitted early dismissal, what rights the employer held, the required legal steps, and the obligations towards the worker upon termination.

Grounds for termination under the law

According to the Federal Decree-Law No. 9 of 2022 Concerning Domestic Workers (UAE Domestic Workers Law) and its executive regulations, Article 20(1) states that either party may end the contract unilaterally if the other party breaches obligations set out in Articles 11 and 12 of the same law.

Article 11 lists an employer’s duties: paying agreed wages, providing suitable accommodation and medical care, and treating the worker with dignity. Article 12 requires the domestic worker to perform agreed tasks with due care, follow lawful instructions from the employer, and protect the employer’s property.

If the domestic worker fails to carry out duties with the necessary care or commits another breach under Article 12, the employer may invoke Article 20(1) to terminate the contract, contingent on the specific facts and procedures.

Employer obligations after termination

Article 20(2) of the same law provides that when the employer ends 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 outstanding dues owed to the worker. A direct quote from the law states: “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.”

Thus the grounds for dismissal affect the employer’s obligations.

Dispute resolution and recommended steps

If a dispute arises between employer and domestic worker and they cannot settle it amicably, the matter should be referred to the Ministry of Human Resources and Emiratisation (MOHRE) for resolution through the ministry’s designated channels. This is stipulated in Article 13(1) of Cabinet Resolution No. 106 of 2022 concerning the executive regulations of the Domestic Workers Law. The law states: “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.”

Before ending the employment, an employer should document all performance concerns, review the employment contract, settle any unpaid wages and other entitlements, and complete the necessary work permit and residence sponsorship cancellation processes. The cost of return travel must be handled in line with Article 20 of the Domestic Workers Law. For further clarifications, the employer may contact MOHRE.

Applicable legislation includes Federal Decree-Law No. 9 of 2022 Concerning Domestic Workers and Cabinet Resolution No. 106 of 2022 concerning its executive regulations.

Ashish Mehta, founder and managing partner of Ashish Mehta & Associates, provided the legal explanation. Mehta is qualified to practise law in Dubai, the United Kingdom and India. Full details are available at www.amalawyers.com. Readers may email questions to [email protected] or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.

Disclaimer: The information above is for general guidance only and does not constitute legal advice. Formal legal counsel is recommended.