Questions & Answers
Is a domestic worker’s refusal to work considered a resignation or a breach of contract?
Hello,
We hired a live-in domestic worker under a 2-year visa and contract/sponsorship through one of the Tadbeer companies. However, after her visa was issued, her performance dropped, and issues started arising.
We invested in training her to ensure her performance; instructions and schedules were posted. All documented evidence and even improvement letters were signed by her.
But it escalated into continuous repeated mistakes and negligence of duty, with risks to childcare safety, breach of privacy, and she admitted to falsifying her CV and other facts. A few days ago, she refused to work. We informed the agency, and they documented the case as refusal and abandonment for the first 2 days.
They advised us to relieve her from childcare duties, which we did immediately. She kept refusing other duties. Then the agency reached out, saying she cannot be forced to work, and she left.
I am confused about employer rights: is this considered resignation (with nothing written), or breach? The office says no need, as they are her sponsor, and no notice is needed to us either.
There is no need for a "written resignation", because the legal relationship is not directly between you and the worker.
However, you have every right to document the situation, demand termination of the relationship, and recover any compensation.
Be sure to keep all correspondence, written instructions, evidence, and transcripts of conversations with the worker or the agency.
Dear Questioner,
Thank you for sharing the details regarding your domestic worker’s performance and recent refusal to work. Based on the information provided, here is a summary of the situation and the legal perspective:
- Employment Breach vs. Resignation
The worker’s repeated negligence, refusal to perform duties, and admission of falsified credentials constitute a clear breach of the employment contract.
Her leaving without completing duties and without formal resignation, even if advised by the agency, does not automatically count as a lawful resignation from the perspective of employer rights.
- Agency and Sponsorship Role
Since the domestic worker’s visa and sponsorship are under the agency, the agency primarily manages visa cancellations, contractual obligations, and employment disputes.
As the employer, you still have the right to document the breach, protect your legal position, and ensure your responsibilities toward childcare safety are not compromised.
- Recommended Process
Document the Breach: Maintain all evidence of warnings, improvement letters, and incidents of negligence.
Notify the Agency in Writing: Confirm the worker’s refusal to work and breach of duties. Request the agency to process her release or termination formally.
Seek Legal Consultation: If the agency or worker disputes the termination or if you require formal protection for any claims (for example, damages, recovery of training expenses, or securing replacement), legal steps may be necessary.
- Our Assistance
We can assist you in reviewing all documentation, preparing formal notices, and liaising with the agency to ensure the matter is resolved in your favor.
If needed, we can also advise on legal options to protect your rights and prevent future liabilities.
If you wish, we can schedule a consultation to go through the full documentation and take the necessary legal steps.
Best regards,
Mohammad Salah
Legal Consultant
Dear questioner,
The domestic worker's refusal to work, followed by her leaving, is considered a serious breach of her employment contract.
While she may not have given a formal written resignation, her actions (refusing duties and leaving the premises) are considered abandonment and a breach of her legal and contractual obligations.
The Tadbeer agency documented this as "refusal and abandonment," which is a crucial point in your favor. Their statement that "no notice is needed to us either" is correct because they are her official sponsor.
They handle the legal and administrative process of terminating the visa and contract on your behalf. Tadbeer centers are meant to provide mediation and dispute resolution services. By you informing them and them documenting the case, you have followed the correct procedure.
Based on the worker's clear breach of contract and the issues you've faced, you are entitled to a refund or a replacement worker as per your contract with the Tadbeer agency.
If you need more details, kindly share your WhatsApp number.
You’ve raised an important concern, and I’ll give you clarity.
In the Tadbeer system, the sponsorship and contractual obligations are between the worker and the Tadbeer company (agency). As the family, you are the "beneficiary of service" rather than the legal sponsor. This means:
Her refusal to work and abandonment of duty is formally a breach of her obligations, but because Tadbeer is the sponsor, they are responsible for handling visa status, termination, replacement, or repatriation.
For you as the family, you are not liable for her resignation or notice periods, since the employment contract is not directly with you. You have every right to return her to the agency and request either a replacement or termination of services.
Your evidence (training, improvement letters, refusal reports, agency records) is valuable. It protects you in case there is any claim raised against you, as it shows proper treatment and documented misconduct on her side.
Practically, this is treated as “breach/abandonment” on the part of the worker, not as resignation from your side, and you are entitled to disengage immediately without notice.
What I recommend is that we formally notify Tadbeer in writing (with all documents annexed) that the worker has breached her obligations, abandoned work, and you are terminating the arrangement with a request for a replacement or refund under the service contract with them.
This protects you from any future dispute and ensures your rights are enforced.
I can prepare a strong legal notice and follow up with Tadbeer to make sure the termination is recorded correctly and you don’t face any liability.
You can reach me directly on [------------] (WhatsApp/phone) so we can go over your documents and take the necessary steps.
Thank you for reaching out to us via Legal Advice Middle East!
Your situation touches on a sensitive overlap between domestic worker regulations under the Tadbeer system and employer–sponsor obligations.
We previously handled an almost identical matter where a family faced repeated negligence and falsified information from a live-in worker, and the Tadbeer company insisted that the sponsor remains the agency, not the family.
The court and administrative authorities in that case recognized the worker’s refusal to perform as abandonment, not resignation, and liability was placed on the sponsoring agency rather than the household.
There are generally two legal angles in such matters. First, if the worker is under the agency’s sponsorship, the contract is technically between her and the agency, and the agency bears responsibility for termination or replacement.
Second, the family’s rights are protected through the documented evidence of negligence, abandonment, and falsification of information, which can be used to avoid any claims from the worker.
The safest approach is to ensure the agency formally records the case as refusal/abandonment and issues you a written confirmation that no further liability rests on your family.
Our office can assist you in formally securing this position with the agency, ensuring you are not exposed to wrongful claims or future disputes.
To give you precise guidance, we would need to review your Tadbeer contract, the training and warning records, and the agency’s correspondence.
Our multilingual consultants are available in Arabic, English, Russian, Hindi, and Chinese to support you.
This response is provided by RASHID ALKAITOOB ADVOCATES & LEGAL CONSULTANTS based solely on the information you’ve shared and does not constitute a final legal opinion.
A binding assessment requires reviewing the full documents of your case. We would appreciate your positive review after we assist you further.
