The Ministry of Human Resources and Emiratisation (MoHRE) has confirmed that in the event of a domestic worker’s wish to travel to his/her home country for the purpose of annual leave, the employer shall be responsible for covering the cost of the round-trip ticket on a biannual basis.
In the event that the two parties reach a mutual agreement to terminate or not renew the employment contract following the annual leave period, the employer shall be liable for the cost of the employee’s one-way ticket only.
The MoHRE also explained that either the domestic worker or the employer has the right to terminate the employment contract by unilateral will in the event of the other party failing to fulfil their obligations. In the event of termination of the employment contract by the employer for a reason not attributable to the domestic worker, the employer is obligated to provide a travel ticket for the assistant worker to return to his/her home country, and to pay any other dues owed to the domestic worker by the employer.
Furthermore, the Ministry stated that in the event of the termination of the contract by the domestic worker, subsequent to the probationary period and for a reason attributable to the domestic worker, the obligations shall be as specified in the following cases:
In the event that the domestic worker is recruited on the basis of name/direct recruitment, the domestic worker shall assume financial responsibility for his/her return to home land. Furthermore, any outstanding dues to the employer shall be the responsibility of the domestic worker. In the event that the domestic worker is unable to cover the cost of his/her return to home country, the employer shall assume this financial obligation. Conversely, if the recruitment of the domestic worker is facilitated by the designated recruitment office, the aforementioned costs shall be shouldered by the office.
It was highlighted that the domestic worker is entitled to an annual leave of a minimum of 30 days for each year, which is paid in advance of its use. In instances where the period of service falls short of one year yet exceeds six months, the worker is entitled to two days’ leave for each month. The employer reserves the right to determine the commencement date for the annual leave, and, if deemed necessary, to divide it into a maximum of two periods.
The Ministry also noted that the support worker is entitled to sick leave for a period not exceeding 30 days in the contractual year. This sick leave can be obtained on a continuous or intermittent basis, conditional upon the presentation of a medical report issued by an accredited health authority in the country, which substantiates the need for sick leave. The first 15 days are paid, the subsequent 15 days are half paid. It should be noted that the support worker is not entitled to remuneration for sick leave if the illness arises from misconduct on his/her part.
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