New law amends jurisdiction for disputes involving domestic workers

The UAE Government has issued a Federal Decree-Law amending specific provisions of the Federal Decree-Law Concerning Domestic Workers and its Amendments. These amendments aim to strengthen the rights of all parties involved in employment relationships, as well as facilitate and accelerate resolving disputes.

The new decree amends the jurisdiction for disputes related to domestic workers, transferring such cases from the Court of Appeal to the Court of First Instance. The Courts of Appeal are required to transfer all pending applications, disputes, and grievances to the Court of First Instance as they are, without any fees, effective from the date the present law takes effect. This does not apply to cases that have already been sentenced by the judge or held in the court's pipeline for sentencing.

The law stipulates that if a dispute arises between the employer, the domestic worker, or the recruitment company and cannot be resolved amicably, the issue must be referred to the Ministry of Human Resources and Emiratisation.

The Ministry is empowered to take the appropriate measures to settle the dispute amicably, in line with the procedures set out in this law's Executive Regulations and the effective decisions. If an amicable settlement is not reached within the designated timeframe, the Ministry must refer the dispute to the competent Court of First Instance. This referral shall include a memorandum summarising the dispute, the arguments of both parties and the Ministry's recommendations.

The Ministry is also entitled to resolve disputes if the claim's total amount does not exceed Dhs50,000 or if the dispute involves one of the parties' non-compliance with a prior amicable settlement decision issued by the Ministry, regardless of the claim's amount. The Ministry's decision in such cases shall have the effect of an executive instrument and be treated as an enforcement order according to standard procedures.

Any party to the dispute may file – within 15 working days of being notified – a lawsuit with the competent Court of First Instance to contest the Ministry's decision. The ruling of the Court of First Instance in this case is final, and filing a lawsuit will suspend the enforcement of the Ministry's decision.

WAM