A replacement request should be assessed against the employment model, the agreed recruitment conditions and the reason for the request. There is no basis to assume that every package provides unlimited replacements, an immediate substitute or replacement for any change of mind.
Where a recruitment agency fails to comply with agreed conditions, Article 6 allows the employer to refuse the worker and addresses replacement or return of recruitment amounts under the applicable regulations and decisions. That legal remedy is different from an agency's additional commercial replacement benefit. Federal Decree-Law 9/2022, Article 6
Identify which relationship applies
| Situation | Documents and questions to examine |
|---|---|
| Recruitment onto the household employer's file | Recruitment agreement, required characteristics, employment contract and applicable statutory remedies |
| Agency temporary employment | Agency–beneficiary agreement, employment arrangement and package-specific obligations |
| Flexible agency service | Booked period, agreed work and the manual's rules for that model |
| Additional commercial replacement benefit | Written eligibility, number of replacements, related costs and exclusions |
MOHRE's manual describes distinct traditional, temporary and flexible packages. The temporary-package section provides for a comparable replacement when needed. Apply this provision only where your agreement uses that regulatory model. Confirm any additional replacement benefit in the package agreement. MOHRE operations manual 5/2024, Arabic PDF pp. 9–12
Check the reason rather than using a broad label
Relevant questions include whether the worker meets the agreed requirements, whether the role is lawful and suitable, and whether the issue is a new household preference or a failure of the original agreement.
Cabinet Resolution 106 separately defines conditional recruitment-refund situations, including failure to meet the professional competence and personal conduct requirements during probation, as specified in Article 6, worker termination or leaving with protected exceptions, and unmet recruitment conditions. Medical unfitness established during probation has specific financial consequences. The article expressly excepts direct named recruitment from its agency-refund obligation. Do not turn these financial provisions into an automatic commercial promise of a particular number of replacements. Cabinet Resolution 106/2022, Article 6
Respect protected reasons for leaving
A worker leaving because of an employer's breach or abuse must not automatically be treated as ordinary refusal or misconduct. Regulation Article 10 protects specified cases. For wage reduction or employer non-performance, the worker may leave with their rights retained after two weeks from notifying the Ministry if the employer does not remedy the breach. For assault, humiliation or sexual assault, it permits leaving without notice, with immediate reporting to the competent authorities when the assault occurs and notification to the Ministry within three days of leaving. In all these cases, the worker must return to the agency or identify another place to stay and a contact method, and notify the Ministry. Cabinet Resolution 106/2022, Article 10
These conditions matter when assessing a recruitment-refund claim because Article 6 excludes the protected Article 10 cases from the relevant worker-leaving ground. Cabinet Resolution 106/2022, Article 6
Prepare evidence for a clear request
- Identify the contract and the requirement you say was not met.
- Record commencement and relevant event dates.
- Keep payment receipts and factual correspondence.
- Describe the requested remedy without making unsupported accusations.
- Confirm lawful arrangements for the existing worker and any proposed replacement.
Do not retain the worker's identity documents or begin an informal transfer between households. Workers retain their documents, and work or transfer must follow the applicable Ministry procedures. Federal Decree-Law 9/2022, Article 11 Federal Decree-Law 9/2022, Article 21
Ask what happens next
Request the applicable eligibility decision, any further evidence needed, the available remedy and the written basis for any charge. Candidate availability and completion dates require confirmation; eligibility does not itself establish immediate availability.
Contact INAYA with the specific agreement and circumstances. Ask which legal remedy and commercial conditions apply to your request, what evidence is needed and how a proposed replacement would be arranged.