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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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I want maid Indonesia in uae

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that it is recommended to have a job offer from a competent agency as stated in UAE domestic law:
Article (3)
1. No natural or moral person shall be authorized to act as an intermediary in order to recruit workers or to hire workers for the purpose of assigning them to employment by third parties unless the said person is a citizen in good standing and conduct, authorized to carry out said activity in accordance with this law and its implementing bylaws. The manager of the licensed agency must be a UAE national in good standing and conduct and must submit the required guarantees as specified in the implementing bylaws.
In order to obtain the license, the remaining conditions determined by this law and its implementing bylaws, and by decrees issued by the Ministry, must be met.
2. The worker may only be recruited or hired in accordance with the conditions, regulations and procedures stipulated by this law, its implementing bylaws and ministerial decrees, as well as any other relevant legislations in force in the UAE, subject to compliance with the legal conditions required for the licensing of each occupation - if any.
In all cases, it is prohibited to recruit or employ any worker under the age of 18.
3. If the workers are recruited or assigned to temporary employment by a third party basis, the law prohibits the following:
a. Discrimination among workers on the basis of race, color, gender, religion, political opinion, national or social origin.
b. The worker’s verbal or physical sexual harassment.
c. Forced labour or human trafficking as defined in national laws and ratified international conventions
4. It is prohibited to hire workers to perform tasks that are not covered by the provisions of this law without obtaining the concerned authorities’ approval.
5. The Minister shall issue a decree regulating recruitment agencies setting forth the conditions that should be met by the employer to allow him/her to recruit and employ workers that are subject to the provisions of this law. The Minister shall also decree the rules, procedures and forms to be adopted by these agencies.
Article (4)
The recruitment agency shall abide by the following:
1. Refrain from deploying a worker from his/her home country without first informing the worker of the type and nature of the work to be performed, and the total wage offered, and obtaining proof of the worker’s physical capabilities, adequate health and psychological and professional preparedness. In addition, the agency must meet all other conditions specified in the implementing bylaws, with due consideration to the nature of each occupation.
2. Refrain from soliciting, directly or through a third party, or accepting from any worker, whether prior to or after employment, any form of commission in return for his employment or from collecting any expenses from the worker.
3. Carry out the required medical tests for the worker no more than of 30 days prior to the date of the worker’s entry to the UAE.
4. Bear the costs of repatriating the worker and either offer the employer an acceptable substitute worker without any additional cost or return to the employer all of the fees paid - at the latter’s discretion, if any of the following occurred during the probation period specified in article (9) of this law:
a. It is established that the worker lacks the required professional competency or personal good conduct
b. It is established, after entry in the UAE and during the probation period, that the worker does not enjoy the physical health that is required to perform the assigned duties, as per conditions set by the implementing bylaws, with due consideration to the nature of each occupation.
c. The worker quits his/her employment in a manner that is not in accordance with conditions set by the implementing bylaws.
d. The contract is terminated with the consent of the worker or due to failure by the worker to meet the requirements of the post as per the contract.
5. Raise the worker’s awareness and introduce him/her to the customs and traditions of the UAE community.
6. Provide the worker with a decently equipped temporary accommodation as long as the latter needs to stay at the agency until he/she has a place to reside in.
7. Treat the worker in a good way and shield him/her from any and all forms of violence.
8. Raise the worker’s awareness about the authorities that are mandated to consider a worker’s complaint regarding the violation of any of his/her rights or freedoms.
9. Provide the employer with a booklet of a receipt slips evidencing the payment of the wage.
10. Reimburse the employer all or part of the amounts paid to the agency, as specified by the implementing bylaws in any of the two following cases:
a. The termination of the contract by the worker after the probation period for a reason not related to the employer.
b. The abandonment of work after the probation period without a valid reason.
Therefore, we advise you not to pay any amount and check the ministry of labor to inquire.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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