UAE Emiratisation: Ministry of Human Resource issues resolution on compliance with Emiratisation regulations

Native recruitment advertisements should represent available and genuine job opportunities

ABU DHABI: The Ministry of Human Resources and Indigenization has issued a ministerial resolution on compliance with regulations for indigenization in the private sector in the UAE. The resolution stipulates regulations to be followed regarding naturalization mechanisms, job advertisements and employer obligations in hiring UAE nationals.

While for indigenization jobs, firms should not mention the government’s indigenization policies or their benefits unless they have obtained prior approval from the ministry. Advertisements must represent available and genuine job opportunities. The resolution also prohibits unskilled jobs or including government subsidized benefits and incentives associated with emirates in the private sector in advertisements.

In addition to offering adequate job training and skills, the resolution calls on business owners to enable Indigenous people to perform tasks by providing them with appropriate work space and equipment. There should not be any reduction in the salary of natives on the pretext of benefiting from the government’s support program.

In the resolution, it is said that paying less salary to natives compared to other colleagues is also a violation of the Swadeshi Act. Employers are obliged to obtain a work permit from the Ministry, sign a contract and pay wages according to defined rules when hiring a native. Employers are obliged to register the natives and pay the monthly pension and social security contribution within one month from the date of issuance of the work permit.

The employer must cancel the native’s work permit immediately upon termination of the contractual relationship and report any change in the employment contract that affects the provisions related to the benefits of the NAFIS program.

Registering a work permit issued in the name of a UAE citizen for any purpose other than the intended purpose will be considered as false naturalization.

Firms that do not comply with the provisions will be treated as violators of the resolution, with the intention of benefiting from government incentives related to indigenization. The resolution also defines a trespassing beneficiary as a native who acts with intent to gain by breach of contract.

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