The UAE’s Human Resources and Emiratisation Ministry has issued a Ministerial Decision on the regulation of employment agencies.
Ministerial Decision No. 51/2022 has been issued as part of the implementation of Federal Decree-Law No. 33/2021.
It covers the activities of employment agencies, mediation between parties in terms of labour relations, and contract condition negotiations when establishing an employment relationship.
It also establishes several procedures covering agency licences and allows branches to be opened in the licencing Emirate or any other emirate, in line with the requirements of local regulatory authorities.
Under the Law, the Decision specifies various obligations for agencies. These cover mediation, temporary employment and outsourcing as well as the obligations of beneficiaries.
The obligations of agencies, in terms of mediation, temporary employment or outsourcing, include drafting accurate contracts consistent with the law and keeping workers’ records for at least two years. These must contain the details of workers, employers and beneficiaries.
The responsibilities of mediation agencies include returning workers to the country from which they were recruited and covering the costs. They are also responsible for damage caused to others because of their activities if it is proven the agency has not complied with the terms of an agreement with an employer or beneficiary and the worker’s failure to pass a required medical examination.
The obligations of a temporary employment agency and outsourcing also include implementing the legally established requirements of any employer towards a worker. In addition, the agency may not, under any circumstance, fail to implement these obligations because of a beneficiary’s failure to fulfil their agreement.
The agency must also not employ children who are not eligible to work under applicable laws in the country or receive any cash or commission. The Ministry will oblige the agency to provide a relevant acknowledgement.
In terms of the obligations of beneficiaries towards workers, the Decision specifies various obligations, including meeting all occupational health and safety requirements for workers proportional to the nature of their work and the risks of their professions, under the relevant legislation as well as not assigning a worker to any job or service outside the general framework of their agreed duties. It also prohibits workers from working for more hours than the total agreed with the agency, except under overtime provisions and controls under the Decree Law, relevant Implementing Regulations and Decisions and with the agency’s approval.
The obligations also includ providing workers with instructions on their required duties in writing, under the general framework agreed with the agency, providing an attendance sheet before sending workers to their agencies, recording, in writing, any reservations made by workers about the content of the sheet, and not employing workers for other parties. Also reported in Alroeya on 24 February 2022. For full story, click here.
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