The Minister of Human Resources and Emiratisation, Nasser bin Thani Al-Hameli, undertook to study parliamentary proposals regarding mechanisms for dealing with labor that implement the “deprivation” system, which was presented by a member of the Federal National Council, Shatha Al-Naqbi, during the Council session held last week, the most prominent of which included the abolition of the period of permission to remain The worker within the state immediately after the end of his work relationship with his first sponsor, as long as he is subject to the period of deprivation, and then the change of the worker’s status is after the end of the deprivation period, and not during it, confirming that the ministry shares the Federal Authority for Identity and Citizenship electronically with the worker’s data and the decision made against him, which cuts the way to Any fraud by the violating workers, even if they entered the country on visitor visas.
Al-Naqbi called on the Ministry of Human Resources and Emiratisation, during the session of the Federal National Council, which was held last week, to the importance of preserving the rights of employers who recruit workers, and spend effort and money in training and qualifying them, and then they are surprised by their desire to terminate the employment relationship for any reason, and they move to work for another sponsor By circumventing the deprivation period, which exposes the first employer to heavy losses, and threatens to divulge his work secrets to competing parties.
And she said: “Some workers or employees, to whom the decision of deprivation of work inside the state is applied for a year, circumvent these decisions, in various forms and methods, whether while they are inside the country, or by entering and staying to work on a tourist visa, until the period of deprivation ends, then they amend Their situation remains only for the guarantor to lose ».
Al-Naqbi pointed out that the procedures for ending the contractual relationship at the request of the worker previously required the sponsor to go with the sponsored person to the headquarters of the Federal Authority for Identity and Citizenship, to include the name of the sponsored person in the deprivation system for a year and to oblige him to leave the country, and to ensure his departure, in a way that guarantees that he will not work for any party Others during the deprivation period, as well as not disclosing the work secrets of the first sponsor, stressing the importance of establishing strict mechanisms with a specific time frame to ensure the protection of employers’ rights.
A member of the council submitted five parliamentary proposals to the Minister of Human Resources and Emiratisation in this regard: the first of which is the necessity to specify a clear period of deprivation (not less than a year), during which the worker is prohibited from working in any private establishment, and the second is to oblige private establishments not to accept the employment of any worker during a period Deprivation, without obtaining a written approval from the first sponsor to stay in another facility, while the third proposal is to intensify the inspection campaigns that the Ministry undertakes on employment, and to cooperate with the relevant authorities regarding them to prevent work during periods of deprivation.
The five proposals also included tightening legal procedures towards disclosing any information about the previous establishment, in addition to canceling the permitting period for the worker to remain in the country, upon the end of his work relationship with his first sponsor, as long as he is subject to the deprivation period, and then the change of the worker’s status after the expiration of the period Deprivation, not during it, provided that these proposals do not conflict with the worker’s continued stay in the state, if he so desires, provided that his residency is legal, in a manner that preserves the security and safety of society.
On the other hand, the Minister of Human Resources and Emiratisation, Nasser bin Thani Al Hameli, welcomed the proposals and pledged to study them with the concerned authorities, stressing that the relationship between the employer and the worker is contractual according to a work contract, and each of them has rights and duties stipulated in the contract, and its provisions are consistent with the law regulating labor relations And its amendments, and therefore the Ministry does not interfere in this relationship unless one of the parties breaches its obligations.
He said: “The ministry does not allow any establishment to use the worker who is proven, according to a complaint – filed by the employer – that he violated the articles of the law for a period of one year to be calculated from the date the worker left the country. The ministry electronically shares with the Federal Authority for Identity and Citizenship the worker’s data and the decision made against him, and the workers who Decisions have been taken about them to circumvent, because the Ministry does not issue work permits for the use of the workers referred to in private sector establishments, or establishments registered with the ministry, except after the stipulated time period has passed, even if they enter the country on visitor visas.
Enforcement of labor relations law
The Minister of Human Resources and Emiratisation, Nasser Al-Hameli, stressed that the ministry’s role is to enforce the labor relations law, and to guarantee the right to resort to the judiciary when settlement is not possible, and resorting to the judiciary is a constitutional right, and we are working on reconciliation to settle disputes amicably, and there are clear cases for the deprivation decision. The worker’s travel begins with a one-year deprivation account, and there are conditions for filing complaints.