The law prohibits blaming the worker for any cost.. and “resettlement” requires returning the sums paid

Ads on "Communication" offering job opportunities in return for a "recruitment commission".

  • The employer must use the contract form approved by the Ministry.

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Finally, "Emirates Today" monitored the spread of advertisements on social media, including job offers, and inviting those wishing to obtain jobs to submit their documents with other facilities, in exchange for a sum of money, or a fee, paid to the advertiser to facilitate employment procedures.

Young people looking for jobs within the country confirmed that they had contacted the advertisers, and were surprised that they had to pay additional sums to set a date for the employment interview.

Some of them reported that they were required to pay sums of up to 6,000 dirhams, in return for facilitating their obtaining a job such as a "security guard".

A manager at a recruitment company in Sharjah, who preferred not to be named, mentioned that there are actually fake recruitment companies that publish advertisements on social media and collect fees from job seekers.

And he stated that these companies exploit the need of job seekers to achieve financial profits without actual compensation, calling on those wishing to obtain jobs to go to know the best approved companies for employment within the country, and not to be led by advertisements.

The Ministry of Human Resources and Emiratisation confirmed to "Emirates Today" that to ensure the transparency of the relationship and eliminate the so-called "deception in contracts", the worker's signature is required on the work offer that includes the conditions of work.

She said that she had identified channels for submitting complaints in the event of a violation by the company, pointing out that legal measures would be taken against her if it was proven that she was practicing the activity without a license.

It is mentioned that the law prohibits the worker from charging any cost for his employment or recruitment, whatever its name.

In detail, young job seekers complained to "Emirates Today" that they were being defrauded in exchange for a "fake recruitment process".

A young man with a university qualification, Amir Mustafa, said that he tracked a large number of job advertisements on the Internet to submit job applications, and whenever he applied to one of them, he was surprised by a request for money to facilitate his obtaining a job.

He added: «I spotted an advertisement for a day of employment in one of the sites, so I went there, and was surprised by the presence of severe crowds.

When it was my turn, the advertiser asked me for 300 dirhams to provide the job, but I told him that I do not have this amount, so he gave me a discount, and asked me to pay 200 dirhams only, so I said that I do not carry this amount either, so he reduced the amount again asking me for 100 dirhams.. which is What made me doubt the validity of his words and his ability to provide me with a job, and made me feel that the matter was nothing but a fraud.

Mahmoud Hafez said that he applied for more than one job and conducted job interviews.

Every time he goes to an interview, he pays a fee.

He continued, "If I do not pay the fee, they refuse to nominate me for the job."

Mustafa Abdel-Hadi confirmed that “job advertisements usually include temptations, such as providing accommodation and health insurance,” noting that he communicated with more than one party, and received positive messages, including the fees required to be paid.

Young Alaa Ahmed said that he was subjected to "fraud" more than once during his job search.

He explained that he had persevered in paying the required fees, "in the hope of receiving a call with news of employment, but... they did not contact me at all."

In turn, the Ministry of Human Resources and Emiratisation confirmed that to ensure the transparency of the relationship and eliminate the so-called deception in contracts, the worker is required to sign the offer submitted to him, provided that the terms of work are indicated in it;

So that the employer may not amend or change it except in the correct legal framework, with the approval of the worker and the Ministry.

She explained that the job offer must match the work contract that is signed in the country.

In the event that work is not provided to the worker, according to the offer submitted to him, there are channels for submitting complaints against the establishment.

The Ministry confirmed that the approved job offer forms bear a serial number (barcode), which makes it easier to verify their authenticity.

Regarding the guarantees that protect the rights of job seekers, she mentioned that Ministerial Resolution No. (46) of 2022 regarding forms of offers and contracts of employment stipulated in its first and second articles that the contract between the employer and the worker shall be in accordance with the forms of offers and contracts of work approved in the Ministry’s system, which are listed On the website, where the employer who wishes to employ any worker must use the contract form approved by the Ministry, which is in accordance with the work offer when requesting the issuance of the permit, and it is permissible to add benefits to the worker in the contract more than what is stated in the work offer, and it is also permissible to add appendices to the contract unless It contradicts the provisions of the Decree-Law, its executive regulations, and relevant ministerial decisions.

In the event that the employer employs the worker without issuing a work permit from the Ministry, he shall be fully bound by the labor rights.

The Ministry affirmed that it pays great attention to workers in the private sector, and is keen to preserve their rights.

In the event that the worker claims labor rights, it seeks to settle the dispute to ensure that he receives his full labor dues.

In the event that this is not possible, his labor complaint is referred to the judiciary, in a way that guarantees his right to claim his dues.

In contrast, the worker and the employer are not exempted from legal liability as a result of working without a permit.

The legal advisor, Nidaa Al-Masry, said that Article 18 of the Labor Relations Regulation Law of 1980 prohibited the collection of any amounts from the worker, whatever their name, whether “commission” or “fees.”

She added that Article 6 of the decree amending Law No. 33 regulating labor relations came to confirm this issue, as the third paragraph of it clarified that it is not permissible to engage in recruitment or mediation activity to recruit or use workers without a license from the Ministry, in accordance with the terms and regulations implementing the decree.

Paragraph 4 of the same article also confirmed that the worker may not be charged any cost for his employment or recruitment, whatever its name.

Article 8 of Ministerial Resolution No. 51 of 2022 regarding licensing and regulating the work of employment agencies prohibited licensed companies from obtaining, directly or indirectly, from the worker himself, or through mediation, any fee or commission for any reason, and in any way, whether for companies within the country. Or companies working with them from outside the country in this regard.

And she called on those who are exposed to this situation to inform the Ministry of Human Resources and Emiratisation, to take the necessary measures, whether warning, stopping or canceling the license or notifying the competent authorities, and imposing the return of the amounts paid.

And she continued, "These workers have nothing but to know their rights, adhere to them, and not make themselves a prey for lawbreakers and exploit the needs of vulnerable groups in society."

And it stated that there are major obligations in front of the temporary employment and outsourcing agencies, which are licensed to work in the country, to ensure that they control the exercise of their tasks, and that they are not subjected to penal procedures amounting to the temporary suspension of the agency’s license, or the revocation of its license, which includes, in all cases, the implementation of all obligations legally established on any An employer towards the worker, stressing that the agency may not under any form fail to implement these obligations, due to the failure of the beneficiary of the worker to fulfill the agreement concluded with it, given that 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 commit to providing the worker with a copy of the terms of use agreed upon with the beneficiary, and to indicate the tasks required to be performed by the worker. Agencies also 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 employment agencies against obtaining, directly or indirectly, from the worker himself or through mediation, any sums, money, rights, or gains under the name of “commission”, fee, or others, for any reason, and in any way, confirming their right to oblige The agency submits a pledge to do so, with its obligation to return what the worker may have paid to any party.

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Police efforts within the country succeeded in addressing job seekers fraud, as the Economic Crimes Department, in the General Department of Criminal Investigation and Investigation in Dubai Police, managed to arrest a gang that established a fictitious employment company, which it used to defraud job seekers, by way of Tempting them to provide jobs for fees ranging between 1,000 and 3,000 dirhams.

Abu Dhabi Police also appealed to job seekers to be careful and not to deal with electronic recruitment sites that exploit their need for a job and practice electronic fraud, adding that reliable recruitment companies will not ask for fees or provide personal data.

"HR":

"The legal procedures against the violating establishments amount to referral to the prosecution."

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The head of the Education, Culture, Youth, Sports and Media Affairs Committee in the Federal National Council, Adnan Hamad Al-Hammadi, said that a large number of companies announcing fake jobs operate from outside the country, and use social media platforms and digital platforms to promote them.

He added that the announcement of jobs must be from an official source, and these companies do not go beyond being pages on social media, and therefore official state agencies cannot control them, pointing out that these companies have caused a problem for citizens and residents looking for work.

He added that he raised this issue in a parliamentary question to the Minister of Human Resources and Emiratisation, Abdul Rahman Al-Awar, during the last session.

He said: «I made a specific point, which is if there are indeed vacancies and jobs;

The first is the citizens, and the second is the residents on the land of the state, and he agreed with me at the time on this part.

And he continued: «We followed a huge amount of advertisements directed to job seekers, especially from Asian nationalities, originating from outside the country, as these companies perform certain procedures with the aim of profiting, and they do not have the authority to find work, but rather try to defraud through social networking applications by requesting certain fees in return. recruitment".

He did not rule out that tourism companies issue a tourist visa to a person, and after entering the country he does not find a job.

Al-Hammadi continued, "As for companies that operate from within the country, they must be dealt with by reporting, as the law protects rights, and this matter falls within the scope of fraud," stressing the need to verify the company, its source, practices, and history.

Dirar Belhoul Al-Falasi, a member of the Federal National Council, said, "The fact that some publish job advertisements through social media in exchange for sums of money is nothing but an attempt to exploit, and most of the advertisers are fake companies that aim to exploit the youth's need for jobs."

He called on young people to make sure of any job available to them through the Nafes program, and not to rush after anyone who advertises a job so that they do not fall victim to it.

Al-Falasi called on the Ministry of Human Resources and Emiratisation, the Ministry of Economy and the economic departments in the various emirates, to put an end to these practices, to punish those who do not have a license, to confront attempts to exploit the Emiratisation issue with the aim of profiting, and to impose penalties on promoters of fake advertisements to prevent the exploitation of young people.

If there are vacancies and jobs, the first is for citizens, and secondly for the residents of the country.

Adnan Hamad:

"Most of the companies advertising fictitious jobs operate from outside the country, and their goal is financial profit."

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