UAE: Strengthens Labour Law Penalties to Protect Workers’ Rights

The UAE has announced stricter penalties for companies violating labour laws, highlighting its commitment to safeguarding workers’ rights and combating illegal employment practices.

The recent amendments to the ‘Regulation of the Employment Relationship’, commonly known as the UAE Labour Law, introduce increased monetary fines ranging from AED 100,000 to AED 1,000,000 for labour law violations, a significant increase from the previous AED 50,000 to AED 200,000 range.

Specific offences targeted by the new penalties include employing individuals without proper work permits, neglecting to provide legitimate job opportunities, abusing work authorisation rules, and disseminating false recruitment or Emiratisation data.

In cases where companies fabricate employment or Emiratisation statistics, the fines will be multiplied by the number of employees involved in the fictitious employment. Moreover, companies found guilty of severe violations may face criminal penalties in addition to the substantial financial fines, depending on the severity and impact of the infringements.

The amendments also establish a new process allowing labour dispute cases to be brought before the Court of First Instance if dissatisfied with decisions made by the Human Resources Ministry and Emiratisation.

The UAE government’s move aims to deter employers from engaging in illegal hiring practices and ensure fair treatment of both UAE nationals and expatriate workers.
Companies found in violation risk substantial financial penalties and potential legal consequences, which could impact their ability to hire foreign talent in the future.

The amendments reinforce the UAE’s commitment to improving the regulatory framework and holding employers accountable for upholding labour rights and ethical employment practices.
Businesses operating in the UAE are advised to review their recruitment and employment processes to ensure full compliance with the updated regulations.

Professional advisory services are available to guide companies through the changes and mitigate risks associated with non-compliance.

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UAE: Part-time Work Permit Procedures

Khaleej Topics, 18 August 2024: The Ministry of Human Resources and Emiratisation (MOHRE) has listed seven procedures for the issuing of a part-time work permit.

The Ministry of Human Resources and Emiratisation (MOHRE) has listed seven procedures for the issuing of a new work permit and a part-time work permit. Part time permits allow registered establishments to employ a worker under a part-time employment contract, where the worker’s hours or working days are less than their those of full-time counterparts. The worker can work for more than one employer after obtaining a permit from the Ministry.

First it is necessary to login to the electronic service their username or password or use their digital identity. The application must be through one of the service channels. The application must be electronically referred to the Ministry for verification the necessary conditions and documents are present.

If there are any issues the establishment will be notified of this.

If everything is correct, approval will be granted for issuing a part-time work permit. The contract will be approved electronically if the permit application is approved. Fees must be paid on issue of the approval.

The required documents include a clear coloured personal photograph with a white background, a copy of the passport including a valid residence visa, the approved job offer form issued by the Ministry and signed by the employer and the worker, an educational certificate (which is clear and bears the worker’s name; for skill levels 1 and 2, a university degree certified by the Ministry of Foreign Affairs for skill levels 3 and 4, a diploma or higher certified by the Ministry of Foreign Affairs for skill level 5, a general secondary school certificate certified by the Ministry of Foreign Affairs for skill levels 6 to 9, no certificate is required). The worker is not considered skilled if the monthly salary is less than AED 4,000, and they have an educational certificate.

Other required documents include a professional license issued by the competent authority, for occupations such as a doctor or nurse (professional license issued by the Ministry of Health and Health Authority), and for teachers, or teaching assistants, a professional license issued by the Ministry of Education, Knowledge Authority in Dubai, Abu Dhabi Department of Education and Knowledge, and Sharjah Private Education Authority).

The Ministry has set several conditions for obtaining a part-time work permit, including that the worker must be at least 18 years old, meet the requirements stipulated in the applicable legislation work in specialised professions or any other positions that require obtaining a professional license, the worker’s profession with the employer must be consistent with the establishment’s activity, the establishment’s license must be valid and have no violations that lead to the suspension of its activity according to legal regulations, the request for the permit must be submitted by the legally authorized signatory of the establishment, the worker must have a valid residence visa and a work permit issued by the Ministry. All skill levels and professions are allowed to obtain this type of permit based on the service’s specific conditions. Insurance or a bank guarantee is not required to issue the permit, and an electronic quota is not required to obtain a part-time work permit service.

The application process takes two working days, and the customer are notified of the result of the application upon completion. The customer can follow up on their application by accessing the inquiry services through one of these channels: the Ministry’s website, the MOHRE smart application, or the call centre 600590000. The permit is valid for one year.

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