'Secondment system applies only to construction sector'

Both the old and new employers of workers moved under a secondment agreement will be jointly responsible for workers' rights stipulated by the law and contracts, according to a ministerial decision.

The secondment agreement only applies to professionals, skilled and unskilled workers, in the construction and contracting sector.

"In the event of a dispute, a worker can submit a complaint to the labour department against both the old and the new employers. They will be jointly and individually responsible for workers' rights."

The decision, issued by Dr Ali Bin Abdullah Al Ka'abi, Minister of Labour and Social Affairs, prohibits collecting any commission or fees from a worker for his or her secondment.

The decision, which took effect from July 27, allows the two employers to agree on sharing obligations towards seconded workers.

Offending companies will be penalised by doubling fees of transactions and will be denied the right to recruit workers for at least six months, without prejudice to any further penalties stated in the labour law and regulations.

According to the decision, recruitment conditions and perks with the new employer must be better or at least commensurate with that of the old sponsor.

"In all cases, the service of the seconded worker will be continuous and producing all rights and perks as stated in the law without disruption."

The new employer, the decision said, is not allowed to hire out or use the seconded workers in other companies.

Dr Khalid Al Khazraji, Undersecretary at the ministry, said any secondment agreement requires consent of the old and the new employers and the worker.

"A worker must have stayed at least one year in the service of the old sponsor, and the job he will be moved to should be relevant to his qualifications, experience and his profession registered with the ministry.

"If labour cards are expired they must be renewed, and fines incurred paid, before a secondment agreement is concluded. Also, all bank guarantees if applicable must be paid," Dr Al Khazraji said.

Fee structure