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The resolution added that companies cannot post unskilled job vacancies for Emiratis. “Misleading advertising” is also banned.
The MoHRE’s latest post also lays out obligations to comply with employers when recruiting UAE nationals, provide UAE employees with “appropriate workplaces and tools”, and outlines related fines and penalties.
MoHRE said in a statement: “The expansion of Emiratisation in the country requires regulation in all its aspects and components. We want to clarify the responsibilities and obligations of all parties, by strengthening inspections, enacting laws to regulate violations recently discovered, and clarifying Necessary measures to ensure compliance by all parties.”
As part of a new ministerial resolution, when advertising an emiratisation job, businesses are not allowed to refer to the government’s emiratization policy or its benefits unless they have obtained prior permission from the ministry.
The resolution also prohibits any misleading advertisements that do not represent available and genuine job opportunities or promote unskilled jobs or include in advertisements government subsidies and incentives related to the private sector in the UAE.
The resolution calls on business owners to enable the UAE to perform its duties by providing an appropriate workplace and tools, in addition to providing them with minimum on-the-job training and skills. It also prohibits them from making any deductions from the salaries of Emiratis under the pretext of benefiting from government support schemes.
The resolution also considers that paying lower wages to Emirati employees as compared to Emirati employees is a circumvention of the Emiratization legislation.
When employing Emiratis, the employer is obliged to obtain a work permit from the ministry, sign a contract and pay wages as stipulated. Employers are also obliged by law to register and pay pension and social security payments for UAE nationals within one month from the date of issue of their work permit.
Employers should also cancel the UAE work permit immediately upon termination of the contractual relationship and report any changes to the employment contract in a manner that affects conditions related to Nafis scheme benefits.
On the other hand, the resolution also stipulates the obligations of a UAE employee when joining a private sector institution, including his/her commitment to the relevant decrees, laws and decisions related to the Nafis program, compliance with the conditions in the contracts signed by him/her. He/she, including reporting any violations to the Department of Education.
The ministerial resolution defines false emiratization as the falsification of employment of a UAE national by issuing a work permit in his/her name and enrolling an employee in a facility for a purpose other than the permit’s intended purpose, as well as finalizing a work contract , aimed at circumventing laws and ministerial resolutions regulating UAE work in the private sector, with the aim of illegally benefiting from the government support system and incentives related to the employment of UAE nationals.
The resolution also defines a non-compliant institution as one that has been shown not to meet the conditions of the resolution with the intention of benefiting from government support and incentives related to the employment of UAE nationals. It also defines a non-compliance beneficiary as an Emiratis who is proven not to comply with the conditions of the Emiratisation Resolution with the intent to benefit by breaching a contractual relationship.
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