Nowadays, when people are job-hunting on social media platforms and other online websites, it is necessary that they also understand the employment laws that are applicable in the country where they wish to work. By doing this, candidates can avoid falling victim to fraud and gain information about the laws and practices of their country of employment, as the majority of people fall victim to labour and visa fraud because of their lack of understanding of laws and their employer’s responsibilities.
This article emphasises on how to avoid such deceptions and protect the people from possible labour fraud and visa fraud.
Labour Fraud
In every country, there are laws that oversee the relationship between the employer and the employee of an organisation. Such laws govern the disputes between both parties from the pre-employment period till the termination period of the employment. As per such laws, while receiving a job offer, if a person is deliberately kept in the dark regarding his labour rights and economically exploited by their employer, it amounts to labour fraud. People applying for jobs in the UAE are vulnerable to such frauds. Hence, in order to mitigate the risk, the person can follow a set of tips, as mentioned below:
1.The government of UAE has started a new initiative that, if a person is offered a job in the UAE, then the employer must provide an offer letter issued by the UAE’s Ministry of Human Resources and Emiratization (MOHRE) to the job candidate.
2.The employment contract should be based on the offer letter, and the offer letter must be duly signed by both parties and shall be submitted to MOHRE within 14 days of the arrival of the employee in the UAE.
3.As per the UAE labor laws, the employer is obligated to cover all the expenses incurred during the process of recruitment and shall be held accountable if they try to recover the expenses from the employee.
The employee/candidate can visit the UAE embassy in their country to verify the validity of the offer letter received. Furthermore, in UAE, all legal job offer numbers start with (ST) followed by digits, and it can be verified at the official website of MOHRE
In case a person develops a query regarding the job offer or employment, they can get it clarified by MOHRE’s helpline number 0097168027666 or email their doubts at (ask@mohre.govt.ae).
To avoid potential fraud, it is essential to verify that the company offering the job exists in the UAE and is registered under the Companies Act 2015 (UAE federal law no. 2 of 2015).
It can be checked by entering the company’s English or Arabic name at National Economic Register.
Visa Fraud
In UAE, after both parties notarize a job offer, the employer is supposed to provide the employee with an ‘entry visa’ to enter UAE and commence their employment. The employee receives an employment visa after reaching UAE and successfully passing the medical checks and procedures necessary for the visa process. If the employer fails to provide a valid visa, it amounts to visa fraud. In order to avoid visa fraud, it is crucial to take the following precautions:
After receiving the entry visa from the employer, the employee can verify its validity at the official e-channel platforms of the respective city where the employer’s company is located. E.g., visas issued from Abu Dhabi, Ajman, and Sharjah can be verified at National Economic Register.
If the visa is issued in Dubai, it can be checked on the General Directorate of Residency Affairs
It is essential to understand that an entry visa does not permit a person to work in UAE. The employee must obtain an employment visa; otherwise, the employee will be deported and incur penalties as per the law.
The employer is responsible for covering the visa costs for the employee, and it is illegal to recover such an amount from the employee.
Make sure to check that the visa provided by the employer for entering in UAE should only be issued by travel agencies, UAE-based airline companies and UAE-based hotels.
It is essential to check whether MOHRE approves your employment visa before starting the employment since there is no such thing as an “independent employment visa”.
As long as people keep applying for jobs in foreign companies the risk of employment fraud might remain. Though the risk of fraud may not get extirpated, it can be minimized by following the tips mentioned above.
For any enquiries or information, contact info@thelawreporters.com or call us on +971 52 644 3004
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