ABU DHABI: The Ministry of Human Resources and Emiratization (MOHRE) has warned private companies and establishments against engaging in any irregularities, including wage-related violations, in the name of Emiratization.
In its latest update, MOHRE said government laws and decisions have put in place strong checks and controls to strengthen efforts towards achieving the Emiratisation objectives, and any attempt to circumvent the system can not only be easily identified but also dealt with severely.
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According to the ministry, there are six ways in which companies can commit fraud in the name of Emiratization. The offences are:
1. Making claims about Emiratization when in fact it is fictitious or imaginary.
2. Providing false information to obtain privileges under the Nafis program.
3. After obtaining the work permit, the beneficiary does not formally join the establishment and receives other benefits from the company on the basis of Nafis.
4. After the beneficiary is officially admitted, he or she no longer works regularly at the facility.
5. If a beneficiary ceases employment at the facility without legal reason and the facility fails to notify him/her of the cessation of employment (Nafis).
6. Facilities will not report any changes in benefits to citizens unless there is a reason acceptable to the (Nafis) Program.
The ministry called on employers to be careful not to commit two types of fraudulent practices in the payment of wages: paying nationals lower wages than colleagues performing the same job duties, or reducing nationals’ wages under the pretext of benefiting from nafis. It also called on nationals taking jobs in private sector establishments to comply with the obligations set out in the nafis program and in the employment contracts they signed.
Emiratization Advertisement
The ministry said there are also regulations regulating the Emiratization of job advertisements by private sector companies and employers. Advertising agencies must not display job advertisements that do not represent the actual job opportunities available or are misleading for unskilled professional levels, must not mention the government’s Emiratization policy or its benefits while placing job advertisements without obtaining prior permission from the ministry, and must not include in their job advertisements the benefits of government support and incentives related to private sector nationals.
In a series of advisory posts recently distributed on its official social media pages, the ministry identified several obligations that employers must follow when employing nationals. It noted that when employing nationals in the private sector, companies must enable employees to perform their jobs, provide them with appropriate workplaces and tools, and give them the necessary training and authority to perform the required tasks. There should be no delays in getting work permits for nationals issued by MOHRE.
Employment contract
According to the ministry, companies that want to hire nationals have a number of obligations: they must conclude employment contracts in accordance with the regulations in force at the ministry, ensure payment of the agreed wage in accordance with the wage protection system, expedite the registration procedures for nationals in the pension and social insurance systems, pay monthly insurance premiums in accordance with the law within one month from the date of issuance of the work permit, report any changes in the work contract that affect the conditions of benefits, and promise to immediately revoke the work permits of nationals upon the termination of the contractual relationship.
The ministry stressed the importance of nationals working in the private sector reporting any acts that violate the Emiratization law or the objectives of the Nafis Plan and Emiratization goals. The ministry explained that Cabinet Resolution No. 95 of 2022 on Violations and Administrative Penalties Related to the Initiatives and Programmes of the Emirati Executive Competitiveness Council sets out a list of negative acts and administrative penalties related to violations of the objectives.
Penalties for violations in the context of Emiratisation depend on the nature of the violation committed by the establishment or beneficiary.