The Ministry of Human Resources and Emiratisation confirmed that it is not concerned with examining or resolving disputes or complaints of dealers with Tadbeer offices related to recovering the financial guarantee for the recruitment of domestic workers, after the end of work relations, noting that the state courts are the only competent authority in this regard.
In detail, dealers at a number of labor recruitment agencies “Tadabir” complained about what they described as “evasion” about refunding the financial guarantee fees they paid to bring in auxiliary workers whose contractual relations with them ended, and some of them returned to their country, while others joined another job.
The dealers, through complaints they submitted on the official platform of the ministry on the social networking site “Twitter”, called for the ministry to send teams to inspect the center against which they are complained, where there are requests to return the guarantee funds, and office staff and officials have failed to do so for periods that exceeded two months, expressing their Their hope is that the ministry’s role will go beyond referring complaints to the judiciary.
On the other hand, the ministry responded to the customers’ complaints by emphasizing that according to Article No. 38 of Federal Law No. 10 of 2017, regarding domestic workers, the state courts are competent to consider disputes and lawsuits brought for violation of the provisions of this law, regulations or decisions issued in implementation of it and contracts which it organizes.
She said: “According to the provisions of this law, the judiciary is the side concerned with examining this type of dispute, as it is not one of the services provided by the Ministry of Human Resources and Emiratisation, in the event of a dispute with the recruitment office,” calling on dealers who have complaints and financial disputes. With Tadbeer offices to review the court immediately after obtaining the referral document by submitting an application via the link (https://twasoul.mohre.gov.ae).
Article 38 of Federal Law No. 10 of 2017, regarding domestic workers, identified three legal violations that are punishable by the office for the recruitment of domestic workers, with a fine of not less than 50,000 dirhams and not more than 100,000 dirhams, and the penalty is doubled in the case of re-committing this act within a year from The date of the judgment against him, if it was committed, the first of which is the refusal to bear the expenses of returning the worker to his country, and the second, the failure to provide a replacement for him without incurring any additional expenses for the employer.
The third violation is the failure to refund all the amounts paid by the employer if he chooses this matter, if it becomes clear or occurred during the probation period: lack of professional competence and good personal behavior in the worker, the worker’s lack of health fitness in accordance with the conditions determined by the executive regulations of this law after entering the state And during the probationary period, taking into account the nature of each profession, the worker’s leaving work in cases other than the authorized, as indicated in the executive regulations of this law, the termination of the contract at the worker’s desire, or because of him for not fulfilling the conditions agreed upon in this worker.
• 100,000 dirhams as a minimum, in the event of a violation of the law of «helpful service workers».