Recruitment of Domestic Worker Agreement(Traditional Package)
Tadbeer Service Centre Name : Smart Global Domestic Workers Services
Represented By
Established No
Licence No
Landline
Mobile
P.O Box
Address(Workplace)
Name
Gender
Nationality
Passport No
ID No
Mobile
Address
Preliminary Clause
The second party pledged to take full responsibility for the domestic worker from the date of receipt from the first party, as well as will change the status of the worker under his personal sponsorship according to the procedures implemented in UAE, and to return the domestic worker to the center again in case do not desire to complete the employment contract. The parties, having recognized their full contractual eligibility, agreed on the following terms and conditions
Clause (1): Probation Period
The domestic worker shall be placed on a probation period of 6 months from the date of starting work with the second party, and during that period the employer can evaluate the performance of the domestic worker and the worker will be able to familiarize himself with the tasks of the job and knowledge of the work environment, and accordingly the employment contract will be continued or terminated in accordance with the UAE’s domestic worker’s law
Name
Nationality
Gender
Age
Marrital Status
Language
Skills
Clause (2): Obligations of the First Party
1
Providing the domestic worker on time and with the specifications and skills mentioned above
2
Ensuring the experience of the domestic worker and proficiency where if required certain certificates such as nursing and driving
3
Provide the domestic worker the needed awareness before employment about the required experience and qualifications by the employer, as well as the type of work and the salary, … etc
4
Ensuring that the domestic worker carries out the necessary medical examinations to ensure the health and professional fitness of the worker to perform the job assigned to her, and ensure that she does not suffer from any infectious diseases in accordance with the cases determined by the medical authorities approved in UAE
5
Not to ask or accept directly or indirectly from the domestic worker any commission for this employment
6
Provide a certificate from the concerned authorities stating that the good of conduct in cases specified by the Ministry
7
Coordinate with employer to ensure that the worker obtains the necessary permits to perform the work for professions that require it
8
Training the worker and introducing him to the culture and traditions of the society in the country
9
Provide temporary accommodation for the domestic worker with adequate means of living, and provide regular meals until the domestic worker is transferred to the employer
10
Ensure the proper treatment of the domestic worker and that he/she is not subjected to violence throughout staying in UAE, as well as give assistance and awareness about the authorities to consider any complaint about any violation of his rights and freedoms, if any
11
Obligated to refund part or all the recruitment fees within two weeks from the date (cancellation/runaway) in case of return the domestic worker by the second party or in the case of the worker leaving the work, according to the cases of refund approved by law
12
Any other obligations imposed by the relevant legal systems in force at the Ministry
Clause (3): Obligations of Employer "Second Party"
1
Providing the requirements for the work performance and providing a decent place for the worker to live with the basic needs of the worker from meals and appropriate cloths for to perform the work
2
Conducting a medical examination of the domestic worker within 10 working days of receiving the worker, provided all the procedures for amending the status of the domestic worker under his sponsorship and according to the procedures in force in the country within 55 days and a maximum, Otherwise, the employer will bear any fines imposed on the domestic worker. In this event the employer loses his right to claim the security clause if he returned of the domestic worker without modifying his visa statues after this period
3
Receiving the domestic worker within a maximum of one week from the date of arrival of the domestic worker to the country, and in case of refusal to receive , the contract is canceled and the first party is entitled to deduct the amount of 50% of the agreed recruitment fees for the cost of bringing the domestic worker to the country, In the event that the second party requests the postpone the receipt of the domestic worker for any reason due to him, he shall bear all the expenses of the domestic worker's stay with the first party as well as the salary of the domestic worker during that specified period
4
If the second party cancels the visa before the specified period of arrival of the domestic worker from outside the country for any reason of his own, a fee determined by the first party for the procedures carried out abroad (medical examination, labor office fees, recruitment, and transfer fees) shall be deducted not exceeding 50% of the value of the agreed recruitment fees
5
Bear the costs of medical treatment of the domestic worker in accordance with the health system in force in the country, or the provision of health insurance for him, and in the case of a request to return the domestic worker to his country because of illness must provide the necessary health care for the worker so that he can travel
6
Pay the necessary compensation resulting from work injuries and occupational diseases in accordance with the compensation tables attached to the Labor Relations Regulation Law No. (33) of 2021 and the laws amending it, unless the insurance company pays this compensation.
7
Allow the first party to remain in contact with the domestic worker throughout the contract period to ensure that he performs his work in accordance with the terms of the contract and to ensure his safety.
8
Commitment to transfer the monthly salary agreed upon for the worker on the first of each month within a maximum period of 10 days from the due date, and to pay all the domestic worker's financial dues according to the employment contract within 10 days from the date of expiry of the contract, and to provide evidence that the domestic worker has received his dues in case any authorized party requests it.
9
Allowing the domestic worker, a weekly day off or compensate him for work on the day off as agreed between them
10
Not to employ the domestic worker without the consent of the worker, and to ensure that he is treated well and preserves his dignity
11
Provide the domestic worker with the opportunity to use the personal phone outside of working hours, as well as allow him to call daily to check on his family
12
Ensure that a bank account is opened for the domestic worker to transfer the salary within the first month from the date of receipt of the domestic worker
13
In the case of returning of the domestic worker must pay all his salaries due until the last working day, and the refund or replacement is not done until after the cancellation of the visa or residence, provided that the period of allowing the domestic worker in the country is not less than 27 days without deprivation or fines. It is obliged to bear the value of the fines due if less than that period
14
Inform the Ministry and open an absconding report according to the procedures in force within five days of the domestic worker's absence from work without a legitimate reason
15
Any other obligations stipulated in the relevant legal regulations in force in the Ministry
Clause (4): “Obligations of domestic worker"
1
Perform the work in accordance with the direction and supervision of the employer, and in accordance with the provisions specified in the employment contract, and not interrupt work without an acceptable excuse
2
Comply with the instructions of the employer to carry out the agreed work unless such work violates the employment contract, law, or public order or what puts it at risk and legal accountability
3
Considering the customs and traditions of society and commitment to public morals
4
To preserve the tools and property of the employer and all that is in his custody, and not to use the tools of work outside the workplace except with the consent of the employer
5
Respect the privacy of the workplace and not disclose the secrets that are seen by virtue of his work, even after his termination
6
Provide necessary assistance in the event of disasters and threats to the workplace or the safety of those present
Clause (5): The period of arrival of the domestic worker to UAE
The expected period for the arrival of the domestic worker to UAE within 30 days of the issuance of the entry permit, but due to some compelling circumstances that may occur when the domestic worker is recruited for the first time from some countries, such as the Philippines or some African countries can be extended for (45 days to 60 days)
Therefore, it was agreed between the parties that if the second party refuses to wait, the contract will be canceled without delay fines, or to be agreed in writing between the parties about a specific date of arrival, and in the event of a delay from the agreed date, The second party shall be compensated with (100) hundred dirhams for each day of delay with a maximum of (1000) thousand dirhams
Clause (6): "Guarantee and repayment of recruitment fees"
The first party is obliged to provide a guarantee of (24 months) from the date of the employer's receipt of the domestic worker, by refunding to the employer all or part of the amount paid as recruitment fees or providing a replacement in the following cases
1
Refund the full amount of the recruitment to the second party without deducting the operation fee if the domestic worker is returned within 30 days of the receipt
2. A portion of the recruitment amount shall be refunded after the first month, operation fees shall be deducted and the employer shall commit to pay the domestic worker's wages due until the last working day, in the following cases
1)
The employer shall be entitled to refund part of the recruitment amount after deducting the operating fees, provided that he shall be obliged to pay the remuneration of the domestic worker due until his last working day in the following cases
A
Lack of professional competence or personal good behavior in the assistant during the trial period
B
For his part, the domestic worker terminates the contract or leaves work in cases other than those provided for in Article (10) of the Executive Regulations of Law No. (9) of 2022
C
The first party must also refund the remaining amounts due to the second party for the remaining of unused operating period.The employer returns the domestic worker and requests termination of the contract by him during the trial period only
The refund amount mentioned above shall be calculated according to the following method of calculation
(Total cost of recruitment ÷ duration of the contract in months) x (remaining duration of the employment contract in months)
The first-party guarantee of the domestic worker shall last for two years from the date of the beginning of the contract with the domestic worker, where the guarantee after the trial period includes the escape or refusal of work by the domestic worker without justification or acceptable reason. The rest of the recruitment fees shall be refunded after deducting the operating fees according to the period spent by the domestic worker in service, The second party shall not be entitled to recover any part of the operating fees if the reason for leaving the domestic worker for work is one of the following reasons or one of the reasons described in Article 10 of the Executive Regulations of Law No. 9 of 2022 assisted labor as follows
1
Reduction of the wage of the worker from the agreed and stated in the employment contract
2
Failure of the employer to fulfill its obligations in accordance with the employment contract and the preliminary agreement
3
Termination of the employment contract by the employer after the end of the trial period
4
Assault by the employer or his representative against the domestic worker, whether by beating, belittling or any form of sexual assault punishable by the State
5
Forcing the domestic worker to work for others or move to another employer without his consent
A)
During the trial period (first 6 months) in case
•
Lack of professional competence or good personal behavior in the domestic worker
•
The health incompetence of the domestic worker has been established by a medical examination certified by the state's accredited medical authorities
•
The domestic worker interrupted (escape) or refused to work
•
Failure of the first party (recruitment office) to comply with the conditions agreed with the employer for the recruitment of the domestic worker
B)
After the completion of the trial period
•
In the event of the employee's interruption or refusal to work in cases other than those provided for in article (10) of the Implementing Regulations of the Act No. 9 of 2022
The refund amount referred to after the first month is calculated according to the following method of calculation
(Total recruitment cost ÷ worker's contract of months) × (The remaining period of the employment contract in months)
The second party is not entitled to recover any part of the operating fee if the reason for the worker's departure from work is one of the following or one of the reasons set out in article 10 of the Implementing Regulations of the Act No. 9 of 2022 (Domestic Workers Act) as follows
1
Lower the worker's wage than agreed upon and set out in the employment contract
2
The employer's failure to fulfill its obligations in accordance with the employment contract and the preliminary agreement
3
Termination of the employment contract by the employer after the expiration of the trial period
4
Forcing a domestic worker to work for others or move to another employer without his or her consent
5
The aggression of the employer or his representative against the worker, whether by beatings, contempt, or any form of sexual assault punishable by the State
In any event, if the domestic worker has been selected and appointed by name by the employer (direct recruitment), the first party shall not be bound by the clause of the period of trial, ensure the domestic worker's professional competence or health fitness, or ensure the domestic worker if he leaves or refuses to work
Clause 7: Value of the contract (recruitment fees)
The total cost of recruiting the above-mentioned domestic worker is ________________________________________________________ (............................................) AED.The actual amount agreed upon after the discount is:(........................................................) AED, Where the contract was paid for: __________________________________ And the rest ……………………………………………… AED, and the second party pledged to pay it immediately upon the arrival of the state domestic worker and received it from the center
A fine of AED 500 will be imposed on each returned check due to be paid, and the second party will be entitled to take all necessary legal measures to guarantee its right and demand the recovery of the domestic worker in the event of non-fulfillment of financial obligations according to the agreed contract value
Clause 8: " Jurisdiction"
1
This contract is a preliminary agreement executed between the parties and is an integral part of the subsequent recruitment contract issued by the Ministry's system upon issuance of the entry permit
2
In the event of a dispute between the parties, the Ministry shall be called upon to take such action as it deems appropriate to settle such dispute by mutual consent, or to refer it to the courts
3
In the event of any disagreement or divergence in the interpretation or application of any clause within the contract, the Arabic version of the contract shall prevail and serve as the authoritative reference
4
No external agreements relating to the subject matter of this contract, whether prior to or after its signature, shall be invoked as if they were not
5
In any event, the Ministry may take legal action against the breaching party in accordance with the relevant legal regulations in force
6
The provisions of Federal Act No. 33 of 2021, concerning workers in the domestic service, its implementing regulations, and other legal systems in force in the Ministry of Human Resources and Emiratization in this regard, shall apply. The courts of the United Arab Emirates shall have jurisdiction over any dispute relating to this contract
Clause (9):" Counterpart Execution "
This contract was made in three copies after it was signed by the parties, one of which was received by the first party and the other by the second party and the third deposited with the Ministry.
The First Party
Smart Global Domestic Workers Service Center
The Second Party
The Employer
Name
Date
Name
Date
مركز سمارت جلوبال تدبير في ورقاء مول يقدم خدمات موثوقة في توظيف ودعم العمالة المنزلية وملائمة مع عادات وتقاليد دولة الإمارات العربية المتحدة، حيث نصل العائلات بموظفين موثوقين ومهرة لتسهيل الحياة اليومية.
اتصل بنا
تابعنا
بالشراكة مع
© 2024 سمارت جلوبال تدبير الورقاء مول. جميع الحقوق محفوظة. | سياسة الخصوصية | الشروط والأحكام