UAE: Streamlined Process for Withdrawing Absconding Reports Introduced

Khaleej Times, 6 September 2024: The Ministry of Human Resources and Emiratisation (MoHRE) has introduced a simplified process for both domestic workers and employers to file or withdraw absconding reports.

This initiative aims to provide a fair and transparent resolution for all parties involved.

According to the new guidelines, domestic workers can initiate the withdrawal process through MoHRE’s website, application, or by visiting designated domestic worker centres or Tawseel vehicles.

The service is available in all emirates except Dubai, where it can be accessed through the General Directorate of Residency and Foreigners Affairs.

To withdraw an absconding report, domestic workers must provide a copy of their Emirates ID, passport, and have a record of an absconding report lodged by their employer.

After filling out the application and paying the required fee (Dh115 online or up to Dh72 at business centres), MoHRE will verify the validity of the complaint.

Once approved, the worker can cancel the complaint without involving the employer within a week of the cancellation date.

Employers, on the other hand, can log into MoHRE’s portal or use their UAE Pass to submit an application for withdrawing the absconding report.

They must provide copies of the domestic worker’s Emirates ID and passport, and have a record of lodging a complaint against the worker for absence from work.

After paying the applicable fee and verification by MoHRE and the Federal Authority for Identity, Citizenship, Customs and Ports Security, the employer will receive final approval.

The new process aims to streamline the resolution of domestic worker disputes, with the latest amendments mandating that such cases be taken up at the Court of First Instance as a last resort if an amicable settlement cannot be reached with MoHRE.

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UAE: Circular Warns Against Violations in Marketing Calls for Securities and Commodities

Al-Ethihad, 3 September 2024: The Securities and Commodities Authority has urged the public to report marketing calls related to securities and commodities that violate the provisions and regulations outlined in Cabinet Decision No. 56/2024 on the regulation of telephone calls.

The Authority has outlined violations and practices that fall under the purview of the aforementioned resolution, including marketing of products not under the Authority’s supervision through unofficial channels without approval.

Using unjustified marketing pressures to convince individuals to accept a product or service.

Using false and misleading information when marketing a product or service.

Making marketing calls outside the authorised time frame of 9:00 AM to 6:00 PM.

Persisting after an initial rejection of a product or service.

Calling more than once a day or twice a week after no answer or call termination.

Not asking for consent before starting marketing, advertising, or promotion.

Not using registered local numbers issued by authorised telecommunications companies.

Making marketing calls from unregistered or non-company-owned numbers.

Receiving marketing calls from a company registered in the Non-Disclosure Register (DNCR).

Disclosing and trading personal data to third parties for marketing purposes.

Failure to indicate that the call is being recorded. Failure to disclose the company’s identity and purpose of the call at the beginning.

Additionally, any other violations of controls issued by the Authority.

The Authority has confirmed that companies approved for marketing securities and commodities via telephone can be verified on its website.

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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: 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.

For more news and content, try Lexis Middle East. Click on lexis.ae/demo to begin your free trial of Lexis® Middle East platform.

You can also explore the legal landscape by subscribing to our Weekly Newsletter.

Want to learn more about Lexis® Middle East? Visit https://www.lexis.ae/lexis-middle-east-law/.

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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