«Localization»: personal selection of auxiliary employment eliminates the recovery of recruitment costs

The Ministry of Human Resources and Localization has identified four cases that allow employers to recover the full cost of recruiting and operating auxiliary workers from the recruitment offices during the first six months of the contract. The most important of these is the termination of the contract by the worker for no legitimate reason, Or a crime punishable by law), or leave him without an acceptable reason, stressing that employers who choose certain persons to work on their sponsorship are excluded from this procedure.

The Ministry of Human Resources and Emiratization issued an explanatory memorandum on the rights of employers in the recruitment and operation of aid workers, confirming that in implementation of the Cabinet Decision No. 22 of 2019, The period of guarantee of the assistant worker for a period of two years, with the aim of guaranteeing the right of the employer to recover the full cost of the recruitment or part thereof, according to the remaining period of the employment contract.

The Ministry has identified one case in which recruitment offices are exempted from reimbursement of recruitment costs, whether the employer is the one who has identified the worker he wishes to employ or operates by name, and the office concerned is the executor of the employer's choice.

The Ministry of Labor replied that all offices licensed to mediate or temporarily hire auxiliary workers, whether the service centers were "managed" or "operated" by the Ministry of Labor, , Or other unregistered offices, are obliged to apply the two-year guarantee.

The Ministry also responded to a question about the cases under which the employer can recover the full cost of bringing in aid workers by saying that "the full costs of recruiting an employer or providing another alternative worker (in accordance with the latter's wishes) are refunded in the event of any of the four cases during the months The first six years of the contract (period of experience), including termination of the contract by the worker without a legitimate reason, allowed to work without an acceptable reason, or prove the lack of fitness for the worker, and finally proved the inability of the worker to carry out his duties as required and agreed.

As for the question of the cases in which the employer was able to recover part of the amount of recruitment, the Ministry reported that the refund of part of the cost of recruitment was in two cases during the post-trial period and until the expiry of the two-year contract. To terminate the contract voluntarily after the trial period without a legitimate reason (such as committing an offense or a violation), while the second to leave the worker after the trial period without an acceptable reason.

In response to a question about the mechanism of calculating the amounts received by the employer, the Ministry pointed out that these amounts are calculated according to the remaining period of the contract months of the total cost of recruitment, and according to the following formula (total amount of recruitment مدة the length of the worker's employment contract in months × the remaining period of the period Contract).

"For example, an employer pays 15,000 dirhams to an office for the hiring of an assistant worker, where the worker has terminated the contract or left work after 15 months of the two-year contract period (24 months), the employer is entitled To recover the amount of AED 5625 from the contract value for the remaining nine months of the contract.

The Ministry stated that the recruitment office was obliged to reimburse the employer within a period not exceeding one month from the date of returning the worker to the office or to report his or her leaving the work. In response to the last question, However, in the event that the Office fails to pay the amounts after the expiration of the period not exceeding one month, the employer concerned can file a complaint by calling (80060), where necessary action is taken.

• The recruitment office is obliged to refund the amounts to the employer within a period not exceeding one month.

• Refund of part of the cost of recruitment is in two cases, namely the termination of the contract or leave work.