“Emiratisation”: The employer is entitled to compensation for damages caused by his workers joining another establishment

Nasser Al-Hamli: "The ministry applies specific procedures against both parties to the work relationship in case of breaching the law."

The Minister of Human Resources and Emiratisation, Nasser Thani Al-Hamli, stated that the employer has the right to file a labor complaint to demand compensation for damages resulting from the joining of any of his establishment workers to work for another employer during the period of deprivation (outside the establishments that are subject to the authority and supervision of the ministry), and in case it is not possible The settlement between them will refer the complaint to the judiciary for adjudication.

He said that the ministry applies specific procedures against any of the two parties to the work relationship if it is proven that he has violated his legal obligations towards the other party, adding that the procedures include depriving the worker for a year of working in private sector establishments that are subject to the authority and supervision of the ministry, in the event that the employer submits a complaint against the worker, And it is proved that he (the worker) violated the work contract, whether it was a fixed-term or an unlimited period.

This came, in the minister's written response to a question made by a member of the Federal National Council, Shatha Al-Naqbi, during the last session of the Council, about the ministry's measures to limit the phenomenon of "work during the deprivation period", which would harm the interests of the former sponsor.

In her question, she stated that it was noticed that some workers who are subject to a work ban from the Ministry, enter the country on visit visas, work for the private sector, or obtain a work permit with quasi-governmental bodies, demanding to clarify their procedures to reduce this phenomenon, and to ensure that the deprivation decisions are not circumvented. .

And she stressed the need for those sponsored who are deprived to work, one of two procedures: either to leave the country until the period of deprivation ends, or to stay in the state while respecting the decision of deprivation.

And she continued: “The sponsored (worker) who was denied resort resort to circumventing this decision and entering with a tourist visa, then his status is amended in this way, until the expiry of the deprivation period, estimated at one year, and then the challenging journey begins with the sponsor who was injured by this worker. Previously".

She explained that the sponsor who attracted the worker (the employee) and works to train and qualify him, and incurs the cost of the residency procedures, medical examination and insurance, and for one reason or another the work relationship between the two parties ends, but the sponsor is surprised that the sponsored person circumvented the application of the period of deprivation, entered the country with a visit visa, and began working for Another competing sponsor, which exposes the first to losses, as a result of that, as well as exposes his business secrets by disclosing them to the competing party, calling for the need to establish a clear mechanism with a specific time frame to ensure the protection of employers' rights.

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