4 cases to stop granting new work permits to the violating establishment

Khalil Al-Khoury: “Labor market legislation is constantly evolving to keep pace with the process of building the best economy in the world.”

The Ministry of Human Resources and Emiratisation has identified four types of violations, according to which the issuance of new work permits is suspended. It also specified the duration of the suspension and the action required of the establishment to correct its situation, in order to enable it to obtain permits again.

The four violations include: the establishment committing any of the violations stipulated in the Cabinet’s decision regarding service fees and administrative fines in the ministry and its amendments, and its penalty is the administrative suspension of the establishment’s file until the due fines are paid, while the second violation is failure to provide labor accommodation, according to the provisions of the ministerial decision in Regarding occupational health and safety and labor accommodations, the establishment file is suspended administratively until housing is provided.

The third violation is accusing the facility of committing a crime of human trafficking, and the violating facility is suspended until proven innocent, and the suspension continues for two years after a final judgment is issued against the facility in the event of conviction.

The fourth violation is the establishment's exploitation or misuse of the electronic powers granted to it to enter the Ministry's systems, or enabling others to do so, which results in a disruption in work procedures, as the establishment's file continues to be suspended administratively for a period of six months.

Khalil Al-Khoury, Undersecretary of the Ministry for Human Resources Affairs, said that the new decision comes within the framework of the system of decisions developed and implemented for the law regulating labor relations and its executive regulations, in a way that ensures compliance of private sector establishments with legislation, in a way that guarantees the rights of both parties to the work relationship, enhances productivity, a competitive business environment, and the attractiveness of the labor market. In the country, pointing out that labor market legislation is constantly evolving to keep pace with the process of building the best and most active economy in the world.

The ministerial decision permitted the employment of a foreign worker with the same profession in any of the branches of the establishments owned by the same employer, and licensed to practice the same activity, without the need to obtain a work permit from the Ministry.

It also permitted the employment of a foreign worker in any other facility owned by the same employer (not a branch) and in which the worker is not registered, provided that a work permit is obtained from the Ministry in accordance with the applicable regulations, otherwise it is considered a violation of the Cabinet’s decision regarding service fees and administrative fines and its amendments, as it continues Suspension of the establishment's file until the fines due are paid.

According to the decision, the administrative suspension shall be applied to the rest of the establishments owned exclusively by the same owner or owners themselves, after the lapse of six months from the date of stopping the violating establishment, according to certain measures decided by the Ministry.

The decision also permitted the application of the administrative suspension of any facility if it was proven that it violated any of the provisions of Federal Decree-Law No. 33 of 2021, according to certain measures also decided by the Ministry.

The ministerial decision made it possible to grievance against the decision of the administrative suspension of the establishment’s file in accordance with the procedures stipulated in the ministerial decision regarding the formation of the grievance committee against the decisions issued by the ministry.

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