Labor-related grievances between maids and their employers can be settled quickly, thanks to new MoHRE regulations on domestic workers.
The new law that was announced last week also, according to a domestic workers and migrant rights advocate who spoke to the press, ‘establishes a balanced and non-discriminatory working partnership between the two entities.
All claims of Dh50,000 or less are now dealt with directly by MoHRE and cannot be taken to court.
In the event that an amicable settlement has not been arrived at within the stipulated time, MoHRE will proceed to institute the same at the Court of First Instance, and not the Court of Appeals.
Also, any of the involved parties may file — within the period of fifteen working days from the day of being served with such notice — a lawsuit with the Court of First Instance against the ministry’s decision.
Legal action will put a halt on the implementation of a decision by the Ministry.
For instance, Dubai-based migrant rights advocate Barney Almazar said of the new Mohre regulations: “In a nutshell: time is saved and effort minimized; Procedures are smooth and the process of bringing the legal entitlements of claimants is made faster.”
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The new regulations will help both parties the domestic workers and their employers since long legal battle that harm both the parties will not be entered into.
Almazar noted: “Before, Mohre had not any power to pass a decision in a matter since the matters went to the courts for the hearing and passing of a decision only — a convenient situation for employers since they are able to stand long legal proceedings.
“Now, Mohre can immediately resolve domestic worker disputes if the claim’s total amount does not exceed Dh50,000 or if the dispute involves non-compliance with a prior decision issued by the ministry,” he added, underscoring:
“Changes to the labour laws in UAE – if one looks at it in its simplest terms – are tools of social justice The changes seek to set up a balance between the rights of domestic workers and their employers given the inherent advantage that employers have over domestic workers .”
A swift resolution mechanism also come handy to employers in the sense that they are not preoccupied with having to go to any court sittings and present their case before a judge.
This new law however was aimed at protecting these vulnerable workers with especial focus made for domestic workers.
Analiza Villao, 52, one of the founders and current president of Filipino Kasambahay Club (FKC) – an organisation of about 100 Filipina nannies and domestic workers in Dubai, welcomed the new powers of Mohre.
She said: “We are now more hopeful that whoever is a Mohre will be able resolve our issues and concerns asap We know where to go unlike in the past that we were not sure where to go.”
Almazar, who is also a director at the corporate-commercial department of Gulf Law, also noted that domestic workers are now allowed to seek legal remedies against their employers.
‘If they were discouraged before from seeking redress through the courts because of the costs involved and the time it takes to go through the legal process, they can now just complain to MoHRE’, he illustrated.
Almazar noted: “For a basic case, let alone getting a lawyer, the minimum payment ranges from 15000, not to mention other cases which are much lower than this figure More to the point, labor cases don’t attract court fees; nonetheless, half of the cases that domestic workers bring do not go to trial as they cannot afford to wait for a court trial.
Can the MoHRE decision be challenged?
Yes, where the party dissatisfied with the decision of the ministry has not reached a compromise with the other party or parties, the said party may, within fifteen working days from the date of notice of the decision, institute Civil proceedings in the Court of First Instance.
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The Court then gives a date for a hearing to be held within three working days. In civil litigation, the judgment of the Court of First Instance is conclusive; thus, filing the present lawsuit will stay the operation of Mohre’s decision.
