Domestic workers in the UAE, such as housemaids, nannies, and drivers, are entitled to specific labor rights, including annual leave. Understanding these rights is crucial for both employers and employees to ensure fair treatment and compliance with the law. This article provides a detailed overview of how annual leave works for domestic workers in the UAE, along with answers to frequently asked questions.
Annual Leave Entitlement for Domestic Workers in the UAE
1. Legal Framework:
- The UAE Federal Law No. 10 of 2017, also known as the Domestic Workers Law, governs the rights and duties of domestic workers. This law outlines the entitlements for annual leave, working hours, rest days, and other labor rights.
2. Entitlement to Annual Leave:
- 30 Days of Paid Annual Leave: After completing one year of continuous service, domestic workers are entitled to 30 days of paid annual leave.
- Pro-Rated Leave: If a domestic worker has not completed a full year of service, they are entitled to two days of leave for each month worked after six months of continuous service.
3. Accrual of Leave:
- Annual leave accrues based on the duration of service. It is calculated as 2.5 days per month for those who have worked for less than a year but more than six months.
Usage of Annual Leave
1. Timing of Leave:
- Domestic workers can take their annual leave after one year of service. The timing of the leave should be mutually agreed upon by the worker and the employer. However, employers have the right to determine when the leave is taken based on their household needs.
2. Carry Forward or Expiry of Leave:
- Unused annual leave may be carried forward to the next year if agreed upon by the employer and the domestic worker. However, this is not mandatory under the law and depends on mutual agreement.
3. Leave Salary:
- During annual leave, domestic workers are entitled to their full salary. The leave salary includes any regular wages and allowances provided by the employer.
Additional Leave Provisions
1. Paid Sick Leave:
- Domestic workers are entitled to up to 30 days of paid sick leave per year, provided they present a medical certificate. The first 15 days are fully paid, while the remaining 15 days are paid at half the wage.
2. Maternity Leave:
- Female domestic workers are entitled to 30 days of paid maternity leave after one year of continuous service.
3. Return Ticket:
- Upon completing two years of service, the employer is required to provide a return ticket to the worker’s home country, allowing them to visit their family during annual leave.
Frequently Asked Questions (FAQs)
Q1: What happens if a domestic worker does not use all their annual leave?
- If a domestic worker does not use all their annual leave, the unused days may be carried forward or compensated as agreed upon with the employer. However, this depends on mutual agreement and is not mandated by law.
Q2: Can an employer refuse to grant annual leave to a domestic worker?
- Employers cannot deny a domestic worker’s right to annual leave. However, they can determine when the leave is taken based on the needs of the household.
Q3: Is annual leave for domestic workers paid?
- Yes, domestic workers are entitled to their full salary during their annual leave.
Q4: How is annual leave calculated for domestic workers who have not completed a full year?
- Domestic workers who have completed at least six months but less than a year of service are entitled to two days of leave for each month worked.
Q5: Can a domestic worker encash their unused annual leave?
- There is no legal provision requiring employers to encash unused annual leave. However, this can be agreed upon between the employer and the domestic worker.
Q6: Are domestic workers entitled to sick leave?
- Yes, domestic workers are entitled to up to 30 days of sick leave per year, with the first 15 days being fully paid and the next 15 days at half pay.
Q7: What should be done if a domestic worker’s leave request is denied?
- If a domestic worker’s leave request is unreasonably denied, they can seek assistance from the Ministry of Human Resources and Emiratisation (MOHRE) to resolve the issue.
Conclusion
The UAE Domestic Workers Law provides clear guidelines regarding the annual leave entitlements for domestic workers. Both employers and workers should be aware of these rights to ensure a fair and respectful working environment. By understanding the rules and regulations, domestic workers can better plan their time off, and employers can ensure they comply with the law, fostering a positive and lawful employment relationship.
You should read this: Annual Leave in the UAE | Rules and Regulations
