Dubai: The Ministry of Human Resources and Emiratisation (MOHRE) warned private sector establishments of five violations related to employing workers without adhering to the provisions of the Labor Law, with fines ranging between Dh100,000 and Dh1 million.
The Ministry stressed that compliance with the legislation and regulations governing the labour market is not an option, but a legal responsibility incumbent upon employers, and contributes to protecting workers’ rights and ensuring that labor relations are organised in accordance with the approved legal frameworks.
The Ministry explained that these cases include “employing a worker without obtaining a work permit from the ministry, bringing in or employing a worker and leaving him without working, using work permits for purposes other than those for which they were issued, closing the establishment or stopping its activity without settling the status of its workers, and employing a minor in violation of the provisions of the Labor Law or the consent of the person who has authority or guardianship over him to employ him in violation of the provisions of the Labor Law.”
It stressed that such violations are punishable by a fine of no less than Dh100,000 and no more than Dh1 million for anyone who employs a worker without complying with the provisions of the Labor Law, calling on establishments to comply with the provisions of the Labor Law, and to verify that the legal requirements are met before employing workers in order to avoid violations.
Violations to know
The first violation is employing a worker without obtaining a work permit from the Ministry. Establishments must meet the legal requirements and obtain the appropriate permit before employing the worker, in order to ensure that the employment relationship is regulated and compliant with applicable legislation. Employing a worker without the required permit is a violation that warrants the prescribed fine, regardless of the nature of the job he performs.
The second violation is the recruitment or use of a worker and leaving him without work. This includes cases where an establishment recruits or uses a worker without assigning work to him, which falls under the practices that the law has identified as punishable violations. This comes within the framework of regulating the recruitment of labor and linking it to the actual needs of establishments, in order to limit the recruitment or use of workers without providing work for them.
The third violation relates to the use of work permits for purposes other than those for which they were issued. Establishments must adhere to the purpose for which the permit was issued and take into account the conditions related to its type and nature of work that the worker is allowed to perform. This includes the necessity of choosing the permit appropriate to the worker’s situation and the nature of the job, and not using the permit in a manner that contradicts its specified purpose.
The fourth violation includes closing the establishment or stopping its activity without settling the status of its employees. The legal obligation is not limited to the period during which the establishment is operating, but extends to the necessity of addressing the status of employees upon closure or cessation of activity, in accordance with the approved procedures. This obligation aims to ensure that employees are not left without a legal settlement of their status as a result of the establishment ceasing to operate.
The fifth violation relates to employing a minor in violation of the provisions of the Labor Law, or obtaining the consent of the person who has guardianship or custody over him to employ him in violation of the law. This means that the consent of the guardian or custodian does not justify employing the minor in the event of violating the legal controls regulating the work of this category, as establishments must comply with the conditions and provisions established for employing minors, including the requirements related to their ages and the nature of the work they are allowed to perform.
Work permit requirements
In another context, MOHRE called on registered establishments to choose the work permit appropriate to the nature of the job and the worker's circumstances. The Ministry explained that the available permit types allow for the regulation of recruitment, employment, and training processes according to the establishments' needs and in compliance with applicable laws and regulations.
The Ministry specified several types of work permits, including a work permit for recruiting a worker from outside the country, a transfer work permit that regulates the transfer of a non-citizen worker from one establishment registered with the Ministry to another or vice versa, and a work permit for those on family-sponsored visas.
The list includes the temporary work permit, which allows the employment of a worker to complete work that, by its nature, requires a specific period of time in one of the establishments registered with the Ministry, and the mission work permit, which is designated for bringing in a worker from outside the country to complete a temporary work or a specific project with a specific duration.
The list also includes the part-time work permit, which allows establishments to bring in and employ a worker from inside or outside the country under a part-time work contract, and allows the worker to work for more than one employer after the Ministry’s approval, in addition to the juvenile work permit, which allows establishments to appoint those aged between 15 and 18 years according to specific conditions.
The types also include a student training or employment permit, which allows establishments to train or employ a student within the country if he or she is 15 years old, according to the approved regulations, and a work permit for citizens and children of GCC countries, which is granted to establishments to hire citizens or children of GCC countries.
The list also includes a work permit for holders of the Golden Visa, which is granted to the establishment when it employs a worker within the country who holds this visa, and a work permit for the trainee citizen, which is allocated to establishments wishing to train a citizen according to his approved academic qualification.
The Ministry also made available a private tutoring work permit, which is granted to the competent and qualified categories to provide private lessons to individual students or groups, according to the approved regulations.
The Ministry stressed the importance of establishments adhering to the selection of the appropriate permit for each case, and taking into account the conditions regulating it, in order to ensure the integrity of employment procedures, preserve the rights of parties to the employment relationship, and contribute to enhancing compliance with the legislation regulating the labor market in the country.