Khaleej Times, Saturday, Nov 26, 2022 | Jamadi Al Awwal 2, 1444
New UAE resolution announced: 4 types of violations that lead to suspension of work permits
Emirates :
Failing to provide appropriate labour accommodation to eligible workers and
human trafficking allegations are among the four violations that could result in
suspension of new work permits for companies in the UAE, the Ministry of Human
Resources and Emiratisation (MoHRE) announced on Friday.
According to a new resolution, the violations include breaches stipulated in the
Cabinet Resolution No. 21 of 2020 regarding service fees and administrative
fines by the ministry and its amendments. In May this year, new fees were
announced to issue a work permit inside and outside the country.
The second violation includes failure to provide appropriate labour
accommodation according to the provisions of Ministerial Resolution No. 44 of
2022 regarding occupational health and safety, and labour accommodation.
Establishments with 50 or more workers, where the monthly wage of each worker is
Dh1,500 or less, must provide accommodation for its workers. Also, every
industrial establishment, and those operating in the construction sector with
not less than 100 workers, must appoint a qualified occupational health and
safety officer. These are among several norms to be followed by the
establishments. The company file is administratively suspended until the
required accommodation is provided for the employees.
The third violation entails human trafficking allegations, where the violating
company is suspended until it is proven innocent. The suspension continues for
two years after a final ruling is issued against the company in the event of
conviction.
The fourth violation encompasses abuse of the electronic powers granted to the
company to access the ministry’s systems, which could result in a disruption of
the ministry’s procedures. In this case, the company’s file gets
administratively suspended for a period of six months from the date of proven
violation.
Also, the ministry specified the duration in which corrective measures shall be
undertaken by the company to rectify its status and fulfil its legal obligations
to become entitled to obtain work permits again in accordance with ministerial
resolution No. 543 of 2022 regarding the administrative suspension of a company.
Building best economy
Khalil Al Khoori, undersecretary for human resources affairs, MoHRE, said: “The
new directives are in line with the Labour Relations Law and its Executive
Regulations, to ensure compliance of the private sector companies with the law
to guarantee the rights of both parties engaged in the work relationship in a
balanced manner, and at the same time ensuring productivity, business
environment competitiveness and attractiveness of the UAE labour market.”
He added that the labour market legislation “is in continuous development to
keep pace with the ministry’s efforts to contribute towards building the best
and most active economy in the world”.
It authorises the employment of a foreign worker in any other company owned by
the same employer (not a branch) even if the worker is not registered with it,
provided that a work permit is obtained from the ministry in accordance with the
relevant regulations.
Failing to comply with this procedure is considered a violation of Cabinet
Resolution No. 21 of 2020 regarding service fees and administrative fines and
its amendments, where the company file continues to be suspended until the fines
are paid.
According to the resolution, the administrative suspension is applied to the
rest of the companies owned by the same owner/owners after six months have
passed from the date of suspension, according to certain measures decided by the
ministry.
The resolution authorised administrative suspension for any company if it is
proven that it had violated any provisions of Federal Decree-Law No. 33 of 2021,
according to certain measures also decided by the ministry.
The resolution allows grievances against the administrative suspension decision,
according to the procedures stipulated in Ministerial Resolution No. 45 of 2022
on the formation of the grievance committee based on the decisions issued by the
ministry.
The resolution cancels both Ministerial Resolution No. 851 of 2001 and its
amendments, and Ministerial Resolution No. 703 of 2013.