employment laws case

8/17/2019 Employment Laws Case

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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 anuary !"##, the $inistry of

%abor and &ocial A'airs introduced, for the (rst time, a minimum wage limit

for di'erent categories of workers.

$ost free )ones have their own employment laws and employee grievance

procedures.

In some free )ones, for e*ample the +IF, the free )one-s 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 %aw.

UAE attracts businessmen and employees from all over the world. isas are

available for business and tourists visits, transit and residency, and in the

majority of cases, an attorney is not re/uired to handle processing of visas.

0usiness visitors can be sponsored by an employer with a business license

1e.g. a branch or representative o2ce, free )one entity, entity under the

ompanies %aw, etc.3.

For any business to hire employees it must ensure their legal status if they

are from another country.


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Case:I being a graduate from 4he Australian business school joined local carparking $anagement orporation a private (rm as a 56 manager butunfortunately I was accused of employing illegal workers and companymisconduct.

I started working with the company in une last year as the 56 manager. 4hecompany did not have an 56 department before that day. $y main task wasto build a 56 department there. At that time company had 7" employees.

8hen I joined, noticed a number of violations regarding visas and over timework without being paid. I noticed laborers worked for whole year withoutany vacations and were not compensated for this.

As a 56 manger I complained this to the management but they said thatthere were no complaints from workers. I was stopped to take any actionagainst these issues.9olice arrested three illegal drivers of the company in the city. %ater on I wasarrested on the charge of being the head of human resource department atthe company. 4hese drivers were actually hired by the senior managers notby me. 4he E: and senior managers were blaming me to save their lives.

According to labor and residence laws of UAE, when an illegal worker isarrested for working for any company, the human resources manager or theperson in charge of employment in that company is held responsible.Although I had not hired those workers but still being the 56 manger I had toface those conse/uences. I was charged with employing illegal workers and Iwas unaware of this liability. I faced a heavy (ne and a possible jail term if found guilty by the immigration court. $y company did not cooperate withme regarding this issue.

Questions:

1. Should the HR manager be liable for this all?Answer: According to UAE employment laws 56 manger is responsible to

check the status of the employees if they are foreign employees. 0ut in

this case as 56 was unaware of laws the management should have

provided him the UAE prevailing employment laws details on his joining.

. !hat should "A# government do to avoid su$h %ind of issues?


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Answer: UAE government should educate human resources managers

about their responsibilities concerning the enforcement of the residence

and labor law. 4hey should have seminars regarding the updated

employment policies and laws with di'erent aspects.

employment laws case

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