The Ministry of Human Resources and Emiratisation announced that its supervisory system detected 2,655 violations of Emiratisation targets and decisions issued by the state, during the period from the second half of 2022 until yesterday, including 995 violations against private companies that were proven to have violated Emiratisation decisions, by attempting to circumvent Emiratisation targets with “Emiratisation”. “sham”, in addition to 1,660 cases of “sham settlement” that were proven against citizens.
The Ministry said that the prescribed legal measures will be taken against individuals proven to be involved in fictitious nationalization violations, which include depriving them or stopping them from benefiting from the benefits and features of the “Nafis” program, as well as recovering the financial benefits they previously obtained, in addition to canceling the work permits of citizens whose appointment has been proven. In form, it pledged to continue to deal firmly with negative practices aimed at evading the fulfillment of Emiratisation obligations in accordance with the law.
The Ministry confirmed that if any of the establishments targeted by Emiratisation decisions in the private sector carries out “sham Emiratisation” and violates Emiratisation decisions and the initiatives and programs of the “Nafis” programme, it will be fined 20,000 dirhams for each case of a fictitious Emiratisation employee the first time, rising to 50,000. AED 100,000 for each case of a fictitious resettlement employee for the second time, and 100,000 dirhams for each case of a fictitious resettlement employee for the third time or more. Pointing out that when it is proven that the establishment was involved in committing a “sham resettlement” violation, the numbers of citizens arriving in that case are not counted. The violation is within the Emiratisation rates that the establishment is required to achieve every half year, provided that the violating establishments are obligated to pay any contributions due towards the Emiratisation targets (retroactively) for the years in which they demonstrated to the Ministry “fictitiously” that they had achieved the required Emiratisation percentage, in addition to their commitment also to achieving the targets they exceeded. By deception by committing a fictitious resettlement violation.
According to the Ministry, if it is proven that any facility submitted incorrect documents or data to obtain services or benefits related to “Nafes,” it will be fined in the amount of 20,000 dirhams for each case the first time, rising to 50,000 dirhams for each case the second time. While it reaches 100,000 dirhams for each case for the third time or more, while if it is proven that “the required documents are not valid or not renewed within the specified time period,” the establishment will be fined 2,000 dirhams for each month, with a maximum of 5,000 dirhams, and if it is proven that “ The facility does not take the prescribed procedures in accordance with Decree Law No. 33 of 2021 regarding the organization of labor relations, its amendments, its executive regulations, and the implementing decisions, in the event that the beneficiary does not join the work after the work permit is issued and the facility obtains support from the Council, or the beneficiary is not regular in working for the facility. After the beneficiary joins or stops working and the facility does not inform the council, an administrative fine of 20 thousand dirhams will be imposed on each citizen.
The Ministry stated that when the facility terminates the beneficiary’s service and re-appoints him to the same facility, with the aim of obtaining support from the Council, an administrative fine of 20 thousand dirhams is imposed on it for each employee case the first time, rising to 50 thousand dirhams for each employee case in the facility. The second time, up to 100 thousand dirhams for each employee case for the third time and beyond. Also, if it is proven that the facility has not reported any change occurring in the terms of use without a reason accepted by the Council, an administrative fine of 20 thousand dirhams will be imposed for each case after notification. The Council confirms the violation, and finally, if any establishment commits a violation of “defrauding the Emiratisation targets by reducing the number or changing the classification of its workers for the purpose of fraud or any other form of fraud proven by the Ministry,” it will be fined 100,000 dirhams if the violation is committed for the first time. It rises to 300 thousand dirhams in the event of committing the violation for the second time, and up to 500 thousand dirhams in the event of committing the violation for the third time or any other subsequent time, with the facility proven to have committed the violation obligated to achieve the annual resettlement target required of it according to the real status of the facility before the fraud.
• 2,655 violations of “nationalization targets.”
“Nationalisation”:
• Taking legal measures against those involved in fictitious resettlement violations.
Classification of violating establishments in the “lower category”
The Ministry of Human Resources and Emiratisation said that it will transfer the classification of establishments that violate Emiratisation targets to the third category, which is the lowest category within the classification system for private sector establishments registered with the Ministry, in addition to imposing financial fines on them, which leads to several consequences for these establishments, the most important of which is payment of the value. The highest fees for the Ministry’s services, compared to the fees paid by establishments listed in the first and second categories.
Employing 92 thousand citizens
The Ministry of Human Resources and Emiratisation reported that more than 19,000 companies and establishments registered with the Ministry, among the establishments targeted by Emiratisation decisions, have employed about 92,000 male and female citizens in skilled jobs in the private sector, in compliance with Emiratisation decisions and policies.
The Ministry called on the public to report negative practices that conflict with Emiratisation policies and decisions, by contacting the call center at 600590000, or through the Ministry’s smart application and website.
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