UAE warns private companies against wage, other frauds in the name of Emiratisation
Robust controls are in place to identify violations, says ministry
Abu Dhabi: The Ministry of Human Resources and Emiratisation (MOHRE) has warned private sector companies and establishments against committing any fraudulent practices, including wage-related violations, in the name of Emiratisation.
In its latest updates, MOHRE stated that the government legislations and decisions have placed robust checks and controls to enhance commitment to achieving the Emiratisation objectives and any attempt to circumvent the system can not only be be identified easily, but also dealt with firmly.
According to the ministry, there are six ways a company can commit fraud in the name of Emiratisation. The violations are as under:
1. Making claims about Emiratisation when in fact it is fictitious or imaginary.
2. Providing false information to obtain privileges under Nafis programme.
3. Beneficiary does not officially join a facility after work permit and other benefits are availed by the company under Nafis.
4. Beneficiary fails to work regularly with the facility after officially joining.
5. Beneficiary ceases to work at the facility without a legal reason and the facility fails to inform (Nafis) of the cessation of work.
6. Facility does not report any change occurring in the benefits for the citizen without a reason accepted by the (Nafis) programme.
The ministry called on employers to be careful not to commit two types of fraud regarding payment of wages: Give citizen a lower wage than his counterparts who perform the same duties; or reduce the citizen’s wage on the pretext of benefiting from Nafis. It also called on citizens who join work in any private sector establishment to adhere to the stipulated obligations under the Nafis programme and in the employment contracts signed by them.
Emiratisation advertisements
The ministry said there are controls to even regulate Emiratisation advertisements by establishments and employers in the private sector for vacancies. Ad companies should not display advertisements for misleading jobs that do not represent an available and real job opportunity or at unskilled professional levels; not refer to government Emiratisation policies or their benefits when advertising jobs without obtaining prior permission from the ministry; and not include in the job advertisement any advantages of government support and incentives related to citizens in the private sector.
The ministry, in a series of advisory posts recently broadcast on its official social media pages, identified a number of obligations that must be followed by the employer when hiring citizens. It indicated that when employing citizens in the private sector, the establishment must enable the employee to perform his work and provide the appropriate workplace and tools, while providing the necessary training and empowerment to complete the necessary work. There should be no delay in getting a citizen’s work permit issued from MOHRE.
Employment contract
According to the ministry, establishments wishing to employ citizens have many obligations. They need to conclude an employment contract in accordance with the regulations in force in the ministry, ensure payment of the agreed-upon wage in accordance with the Wage Protection System, speed up procedures for registering the citizen in the pension and social insurance system and pay monthly contributions in accordance with the legislation within one month from the date of issuing work permit, report any change that occurs in the work contract that affects the conditions for benefits and also commit to cancel the citizen’s work permit immediately upon the end of the contractual relationship.
The Ministry stressed the importance of citizens working in the private sector to report any practices that violate the laws on Emiratisation, or the objectives of the Nafis Programme and Emiratisation targets. It explained that Cabinet Resolution No. (95) of 2022 regarding violations and administrative penalties related to the initiatives and programmes of the Emirati Cadres Competitiveness Council has set a list of administrative penalties related to negative practices and violations of objectives.
The penalties for violations in the context of Emiratisation vary according to the nature of the violation committed by the establishment or the beneficiary.