Reader asks if they need a work permit to be employed in the country.
The Ministry of Human Resources and Emiratization (MoHRE) in the UAE has imposed a fine of up to AED 200,000 for hiring a worker without a valid employment visa. This is a serious offense, and the penalties are also severe.
The fine of AED 200,000 is the maximum penalty, and it is only imposed in cases of repeat offenses. For the first offense, the fine is AED 50,000. The employer may also be banned from hiring foreign workers for a period of time.
In addition to the fine, the employer may also be required to pay the worker’s salary for the period of time that they worked without a valid visa. The worker may also be entitled to compensation for any other losses they suffered, such as the cost of travel and accommodation.
When it comes to hiring employees, businesses must adhere to legal requirements to ensure that their workforce operates within the bounds of the law. Hiring workers without employment visas is a common mistake that can result in hefty fines and potential legal complications. This article sheds light on the fine for hiring worker without employment visa and provides insights into how employers can avoid such situations.
Here are some of the things you need to do to hire a worker in the UAE with a valid employment visa:
Article 6(1) of the Employment Law:
“No work may be performed in the UAE, and no employee may be recruited or employed by any employer without obtaining the work permit from the Ministry, in accordance with the provisions of this Decree-Law and its Executive Regulations.”
Article 5(4) of the Immigration Law:
“An alien is obligated not to engage in any activity or work except in accordance with the legislation in force in the State.”
Furthermore, any company in the UAE that hires a worker without a legitimate work visa may face sanctions and expulsion from the country.
This is in conformity with Employment Law Article 60 (1) and Immigration Law Articles 25 (1) and (7). The following are the provisions of the aforementioned laws:
Article 60(1) of the Employment Law:
“Shall be sentenced to a fine of no less than Dh50,000 and not more than Dh200,000, whoever:
Employs an employee who has not obtained a permit to work for him.”
Article 25 (1) & (7) of the Immigration Law states:
“There shall be punishment with a fine of Dh50,000 to anyone who employs, harbours or puts the alien in violation of the provisions of this Decree-Law, and the penalty shall be imprisonment and a fine of Dh50,000 in case of recidivism.
“In all cases, the court shall order the deportation of the violating alien, as well as it shall also order the deportation of the alien who has employed him or harboured him upon recidivism.”
An employer and an employee may mutually agree to get a work permit based on the several types of work permits offered by the Ministry of Human Resources and Emiratisation (MoHRE). According to Article 6 of Cabinet Resolution No. 1 of 2022, work permits may include part-time work permits, temporary employment permits, and freelance work permits.