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Sunday, December 18, 2022

MOHRE issues resolution on compliance with Emiratisation regulations

The Ministry of Human Resources and Emiratisation (MoHRE) has issued the Ministerial Resolution No. 663 of 2022 regarding compliance with Emiratisation regulations in the private sector.

The resolution stipulates controls for compliance with the Emiratisation systems, job advertisements, and employer obligations when hiring a UAE national, and in return, enabling the national to perform his/her work and obligations.

MoHRE said in a statement today: "Expanding Emiratisation in the country requires regulating all aspects and components. We are keen to specify the duties and obligations of all parties, set laws to regulate recently observed violations through intensifying inspection visits, define necessary measures and ensure that all parties follow them."

As part of the new ministerial resolution, when advertising for Emiratisation jobs, establishments should not refer to the government’s Emiratisation policies or their benefits unless they have obtained prior permission from the Ministry.

The resolution also prohibits any misleading advertisements, which do not represent available and real job opportunities or advertise unskilled job or include the government subsidy benefits and incentives related to Emiratis in the private sector in advertisements.

The resolution calls on business owners to enable Emiratis to perform their duties by providing appropriate workplace and tools, besides offering them the minimum on-the-job training and skills. It also prohibits them from carrying out any deductions in Emiratis’ salaries under the pretext of benefiting from the government’s support programme.

The resolution also considered payment of lower salaries to the Emirati employee, in comparison to his/her counterparts, as a circumvention of the legislation on Emiratisation.

When hiring an Emirati, the employer has an obligation to obtain a work permit for him/her from the Ministry, sign a contract and pay the salaries as per the defined regulations. The employer is also obliged to register UAE nationals and pay monthly pension and social security contribution, as per the legislation within a month from the date of issuance of his/her work permit.

The employer should also cancel the Emirati’s work permit as soon as the contractual relationship is terminated and report any change to the employment contract in a way that affects the conditions related to the benefits of the Nafis program.

On the other hand, the resolution also specified the Emirati employees’ obligations when joining a private sector establishment, including his/her commitment to the relevant decrees, laws, and decisions related to the Nafis program, adherence to the conditions in the contract signed by him/her, including reporting any violations to the Ministry.

The ministerial resolution defines fake Emiratisation as a forged employment of a UAE national by issuing a work permit under his/her name and registering the employee in the facility for a purpose other than the intended purpose of the permit, as well as the finalisation of a work contract with an objective to circumvent the laws and ministerial resolutions that regulate the work of Emiratis in the private sector aimed at unlawfully benefiting from the government support systems and incentives related to the employment of UAE nationals.

The resolution also defines the violating establishment as one that has proven to not comply with the conditions of the resolution with an intention of benefiting from the government support and incentives related to the employment of UAE nationals. It also defined the violating beneficiary as an Emirati who is proven to not adhering to the conditions of the Emiratisation resolutions with an intention to benefit by violating the contractual relationship.

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