ARTICLE
21 September 2021

Avoid Labour And Visa Fraud When Applying For A Job In The UAE

AM
Dr Hassan Elhais

Contributor

Dr. Elhais, with his vast legal expertise spanning family, arbitration, banking, commercial, company, criminal, inheritance, labour, and maritime law, is dedicated to providing top-tier legal solutions. As an integral member of the team at Awatif Mohammad Shoqi Advocates & Legal Consultancy in Dubai, he contributes to the firm's mission of delivering comprehensive legal counsel across the UAE. The team, as a whole, is committed to maintaining the highest levels of integrity, confidentiality, and discretion. Initially making his mark in criminal and public law, Dr. Hassan made the decision to move to Dubai in 2006, marking a significant step in his legal career. Since joining Awatif Mohammad Shoqi Advocates & Legal Consultancy, he has been an active contributor to the firm's growth and reputation. Dr. Hassan is known for his dedication to transparency in legal dealings and fee structures, a reflection of his solid ethical values.
UAE offers lucrative job offers, and ex-pats are highly enthusiastic about building a career and life in the UAE.
United Arab Emirates Employment and HR

UAE offers lucrative job offers, and ex-pats are highly enthusiastic about building a career and life in the UAE. The UAE's ex-pat population constitutes almost ninety per cent of its total population, and ex-pats find that UAE offers them a peaceful and tax-free environment.

Any person who wishes to come to the UAE in search of a job opportunity must be careful to conduct the necessary due diligence and ensure to follow the legal requisites. 

Job offer letter:

If a UAE based company /employer offers you a job opportunity, such Employer must first issue you an official offer letter as per the pre-requisites of the Ministry of Human Resources and Emiratisation (MOHRE). Such an offer letter, once signed by both the parties, constitutes a binding agreement between the parties, and the validity of the offer can be verified by the employee through the MOHRE website. 

Employment visa:

Once the job offer is signed by both parties, the Employer is required to issue an entry visa to the employee to enter the UAE and start his employment. The finalization of the employment visa  will be completed once the employee reaches the UAE and successfully passes the medical checks and procedures required for the visa process.

It is important to note that it is specifically prohibited in the UAE for any person who is on a visit visa to work. Working under a visit or tourist visa can bring you penalties and deportation. It is also important to keep in mind that an employer is obligated to pay for the visa costs for an employee, and it is illegal that such cost is recovered from the employee at any given point.

Employment Contract:

The employee is also required to enter into a valid employment contract which would be based on the terms of the 'job offer' already signed between the parties. The Employer is not allowed to make any changes to the terms included in the job offer letter.

The employee should enter into the labour contract after reviewing and understanding the various clauses. It is important to understand the terms about 'probation period', 'notice period', 'nature of the employment -whether limited-term or unlimited term' etc. The employment contract is entered into three counterparts, and the one copy is retained with the employee itself.

Always complete due diligence checks before accepting any job offers. Learn more about the Employer by visiting their website details. You can also check their trade license details by accessing the 'Unified Commercial Registration System' maintained by the Ministry of the economy. It is always advisable to check the information on the company through various web resources such as 'Google reviews', 'LinkedIn', 'Glassdoor' and also speak with existing employees to verify credentials. Be careful about social media advertisements and hiring agencies that seek to charge you for the visa or employment offer itself, as both are against the UAE laws.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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