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UAE EMPLOYMENT LAWS:

Case related employment laws are given below:


Federal law governs employment in the UAE, which imposes certain
minimum standards on employing juveniles, working hours, vacation and
public holidays, sick leave, maternity leave, employee records, safety
standards and termination of employment. In January 2011, the Ministry of
Labor and Social Affairs introduced, for the first time, a minimum wage limit
for different categories of workers.
Most free zones have their own employment laws and employee grievance
procedures.
In some free zones, for example the DIFC, the free zones laws will take
precedence over the federal employment laws.
In UAE most of the employees work on written contracts.
UAE nationals will be given preference in job preference as set out by the
Federal Law.
UAE attracts businessmen and employees from all over the world. Visas are
available for business and tourists visits, transit and residency, and in the
majority of cases, an attorney is not required to handle processing of visas.
Business visitors can be sponsored by an employer with a business license
(e.g. a branch or representative office, free zone entity, entity under the
Companies Law, etc.).
For any business to hire employees it must ensure their legal status if they
are from another country.

Case:
I being a graduate from The Australian business school joined local car
parking Management Corporation a private firm as a HR manager but
unfortunately I was accused of employing illegal workers and company
misconduct.
I started working with the company in June last year as the HR manager. The
company did not have an HR department before that day. My main task was
to build a HR department there. At that time company had 50 employees.
When I joined, noticed a number of violations regarding visas and over time
work without being paid. I noticed laborers worked for whole year without
any vacations and were not compensated for this.
As a HR manger I complained this to the management but they said that
there were no complaints from workers. I was stopped to take any action
against these issues.
Police arrested three illegal drivers of the company in the city. Later on I was
arrested on the charge of being the head of human resource department at
the company. These drivers were actually hired by the senior managers not
by me. The CEO and senior managers were blaming me to save their lives.
According to labor and residence laws of UAE, when an illegal worker is
arrested for working for any company, the human resources manager or the
person in charge of employment in that company is held responsible.
Although I had not hired those workers but still being the HR manger I had to
face those consequences. I was charged with employing illegal workers and I
was unaware of this liability. I faced a heavy fine and a possible jail term if
found guilty by the immigration court. My company did not cooperate with
me regarding this issue.
Questions:
1. Should the HR manager be liable for this all?
Answer: According to UAE employment laws HR manger is responsible to
check the status of the employees if they are foreign employees. But in
this case as HR was unaware of laws the management should have
provided him the UAE prevailing employment laws details on his joining.
2.

What should UAE government do to avoid such kind of issues?

Answer: UAE government should educate human resources managers


about their responsibilities concerning the enforcement of the residence
and labor law. They should have seminars regarding the updated
employment policies and laws with different aspects.