Khaleej Times, Tue, Aug 13, 2024 | Safar 9, 1446
Up to Dh1 million fine: UAE issues new law to regulate employee relationships
Emirates:
The UAE Government announced fines ranging up to Dh1 million on Monday after a
Federal Decree-Law was issued, amending specific provisions of the Federal
Decree-Law on the Regulation of Employment Relationships.
Under the new provisions, a fine ranging from Dh100,000 to Dh1 million will be
imposed on employers for the following violations:
Employing a worker without
a work permit or bringing them without providing any job
Closing a business without settling right of workers
Taking part in fraudulent labour acts including fraudulent employment or
fictitious Emiratisation
Employing a minor in violation of the law
Engaging in any act of circumvention of the laws or regulations governing the
labour market, including fictitious employment.
As per the new provisions, the penalties will multiply based on the number of
workers fictitiously employed.
Additionally, The Ministry of Human Resources and Emiratisation is now
authorised to make a settlement provided that the employer pays 50 per cent of
the minimum value of the fine and pays back to the government the financial
incentives obtained by the fake employees.
The new decree stipulates that any criminal proceedings for fictitious
employment, including fake Emiratisation, can only be initiated at the request
of the Minister of Human Resources and Emiratisation or his/her authorised
representative.
The decree also states that any disputes between employers and employees
should be referred to the Court of First Instance — rather than the Court of
Appeal — if there is a disagreement with the decision made by the Ministry of
Human Resources and Emiratisation in resolving the dispute. This applies to all
cases except for those disputes that have been adjusted or reserved for the
issuance of a judgement.
Starting from the date of implementation of the provisions, the Court of
Appeal is required to refer all requests, disputes and grievances regarding the
regulation of employment relations to the Court of First Instance.
As per the new provisions, the court shall revoke proceeding with any claims
filed after two years from the termination of the employment relationship.
This decree is part of the country's ongoing efforts to develop its
legislative and legal framework. It aims to ensure the efficiency and
competitiveness of the labour market, regulate employment relationships, and
clearly define the rights and obligations of all parties involved, and
ensure their protection by law.