UAE | Crime
Jail for working without permit
Workers caught working on probationary basis with the approval of their former employers risk imprisonment and deportation if they haven't completed procedures to legalise their status with the authorities concerned, warned a senior prosecutor.
Dubai: Workers caught working on probationary basis with the approval of their former employers risk imprisonment and deportation if they haven't completed procedures to legalise their status with the authorities concerned, warned a senior prosecutor.
A worker or employee who takes up a new job upon obtaining a preliminary approval from the former employer, without legalising his/her status with the Labour Ministry and the Dubai Naturalisation and Residency Department (DNRD) is considered a criminal and will face a minimum jail term of two months and deportation, cautioned Ali Humaid Bin Khatem, head of the Naturalisation and Residency Public Prosecution in Dubai.
"I am not saying the ex-employer's preliminary approval is illegal or invalid, but it's incomplete and requires further steps to be taken, so that the employee/worker legalises his/her status. The new employer should obtain approval from the Labour Ministry and DNRD besides obtaining the preliminary approval so that the worker/employee concerned becomes a legal worker.
"According to the Naturalisation and Residency Law, any violator who is caught working with a preliminary approval will be subject to minimum two months in jail followed by deportation. He/she will also be blacklisted. We have encountered a number of such cases and the violators landed in prison. That's why we are cautioning the public concerning this serious issue," Bin Khatem told Gulf News.
Replying to a question on the justification for the punishment, Bin Khatem said: "Sometimes we are easygoing and treat suspects leniently. When our investigations reveal that the new employer started the arrangements at the Ministry of Labour or DNRD to process a new labour permit for the worker then we dismiss the case. And we have dismissed a number of such cases. The Naturalisation and Residency Law is very clear and direct, but why should such workers/employees expose themselves to punishment."
An employer who hires a worker based on a preliminary approval alone faces a Dh50,000 fine, clarified the senior prosecutor.
"During investigations, we have faced difficulties with many employers who claimed that they only hired those workers on trial. No matter how long the probation period, hiring a person on someone else's sponsorship or visit visa is punishable by law. Employers must complete the required procedures with the Labour Ministry and DNRD before a newcomer starts working on probation," explained Bin Khatem.
"We have had cases of Europeans and Westerners who were punished for working on visit visas. Why! Why should workers/employees take such risks. It's an easy and simple process. All they have to do is respect the law and legalise their statuses," he said.
Regarding potential risks of hiring illegal workers, Bin Khatem said: "Firstly, the employer won't know the illegal worker's personal details. Secondly, there are health risks because the employer won't know the illegal worker's medical history. Thirdly, illegal workers could become criminals and subject our community to needless dangers. We had a case once whereby a commercial company owner was fined Dh50,000 for hiring an illegal worker who robbed Dh15,000-20,000 from his safe."
On whether a Dh50,000 fine would not be too much, he explained: "It is hefty...but eventually it's a deterrent. Hiring illegal housemaids, for instance, exposes a family's children to many risks especially healthwise. Theft is the most common crime committed by illegal housemaids. Why is hiring illegal housemaids dangerous? When a sponsor gets robbed by an illegal housemaid, then the sponsor will be reporting an unknown person to the police."
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