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A new law on the recruitment of domestic workers in the UAE came into force today. The law defines the roles and relationships between recruiters, employers and domestic workers and the rights of each.
According to the Ministry of Human Resources and Emiratisation, the new law states that employers are eligible for refunds if the recruitment agency violates the terms already agreed, or if the worker breaches the terms of the two-year contract in the UAE (MoHRE).
Here’s how employers can claim recruitment and refund government fees:
1. During the probationary period, the worker behaves incompetent or has “bad character”.
2. The domestic worker terminates the contract or resigns due to illegal reasons
3. The employer terminates the contract due to failure to fulfill the conditions agreed in the initial agreement, or the contract between the employer and the recruitment agency is terminated
According to MoHRE, there are no refunds if employers directly recruit domestic workers.
How is the refund calculated?
The MoHRE lists the exact calculation of the refund value.
If one of the above three situations can be proved within the first month of employment, or the laborer is unable to perform his duties during the probationary period due to health reasons, the employed organization must refund all recruitment fees to the employer.
Otherwise, the refund will be calculated using the following formula:
Refund = Total Recruitment Cost ÷ Number of Months Worker Worked X Remaining Term of Job Contract
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