8 obligations that control the activity of “recruitment agencies” and protect them from penalties

“Human Resources”: There are no fees or “commissions” for hiring workers inside the country

«Human Resources» warned temporary employment agencies against collecting any sums from the worker.

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The Ministry of Human Resources and Emiratisation has warned temporary employment and outsourcing agencies licensed to work within the country against collecting any sums or gains under the name of “commissions or fees” from the worker himself or through mediation, in return for his recruitment or employment, stressing the right to obligate the agency to provide a pledge to do so. While the ministry has identified eight major obligations for employment agencies, to ensure control over the performance of their tasks, and that they are not subject to penalties or penal measures up to the temporary suspension of the agency’s license, or the cancellation of its licence.

In detail, the Ministry of Human Resources and Emiratisation confirmed that the activity of recruitment agencies licensed to work in the country includes “mediating”, and it is to bring the views between the two parties to the work and their representatives, and to negotiate on the terms of the contract, and employment with the aim of establishing a working relationship, without the agency becoming a party In it, as well as “temporary employment and outsourcing” of using the worker with the intention of making him available to a third party, and the relationship of the worker becomes a direct relationship with the agency that outsourced his services to a third party (the beneficiary).

In a series of indicative publications on Ministerial Resolution No. (51) of 2022 regarding licensing and regulating the work of employment agencies, the Ministry stated that there are eight main obligations before temporary and outsourcing agencies, which are licensed to work in the country, to ensure control over the performance of their tasks, and that they are not subjected to penal procedures of up to Temporarily suspending the agency’s license, or canceling its license, includes, in all cases, carrying out all the legally prescribed obligations for any business owner towards the worker, stressing that the agency may not, under any form, fail to implement these obligations due to the non-performance of the beneficiary of the worker By fulfilling the agreement concluded with it, as the agency is primarily responsible, in all cases, for the implementation of these obligations towards its workers.

She pointed out the need for agencies to also provide the worker with a copy of the terms of use agreed upon with the beneficiary and a statement of the tasks that this worker is required to implement. They are also obligated to provide the beneficiary with workers throughout the agreed periods, and to ensure the required level of qualifications and skills required for the legislation in force in the country, stressing the importance of The agencies are also obligated not to employ or recruit any worker who falls under the category of juveniles who are not authorized to work in accordance with the legislation in force in the country.

The list of obligations included a direct warning to recruitment agencies against obtaining, directly or indirectly, from the worker himself or through mediation, any sums, money, rights or gains under the name of “commission” or fees or others for any reason and in any way, emphasizing their right to obligate The agency shall provide a pledge to do so, with its obligation to return what the worker may have paid to any party.

The Ministry also warned temporary employment and outsourcing agencies from practicing their work to serve any beneficiary for the purposes of providing him with employment or replacing the workers employed by him with other workers, in the event that this beneficiary was a party to collective labor disputes, or a decision had been issued to stop his facility, noting the need to adhere not to Dealing with any person, or with any other agency inside or outside the country, for the purposes of recruiting labor, hiring them temporarily or outsourcing, unless this person or agency is licensed.

3 Terms of Agency Licensing

The Ministry of Human Resources and Emiratisation has set three conditions for obtaining an employment agency license, the first of which is “that the person in the individual institution requesting the license, or any of the partners in the legal person requesting the license, should not be an employee of the Ministry of Human Resources and Emiratisation, or that he has a relative (up to the second degree),” Or a husband or wife within the Ministry’s employees, provided that the legal representative of the legal person submits a written declaration to that effect.

The licensing conditions included that the license applicant should have a clear-addressed headquarters for conducting business, with the exception of the case in which the Ministry permits the license applicant to conduct his activity electronically according to the mechanisms specified in the procedures manual in this regard.

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