The Ministry of Human Resources and Emiratisation (MOHRE) in the United Arab Emirates has issued a stern warning to private sector employers regarding the hiring of individuals without a valid work permit.

The ministry’s guidelines specify that employing anyone, including domestic workers, without proper authorization is a violation of the law, with serious consequences.

In its recent publication of Human Resources Magazine, MOHRE has clarified that even hiring individuals on a trial basis is strictly forbidden unless they possess a valid work permit.

Those who do hire workers without the necessary permits are liable under the UAE Labour Relations Law.

To enforce compliance, MOHRE conducts routine inspections in conjunction with the Federal Authority for Identity, Citizenship, Customs, and Port Security (ICP) to identify instances of illegal employment.

In cases where an employer is found to be hiring undocumented workers, several immediate penalties are imposed, including:

- The immediate suspension of the employer's labour file.

- Denial of new work permits for domestic workers.

- Referral to the Public Prosecution for financial and legal penalties.

These actions are in accordance with the Federal Decree-Law No. 9 of 2022 on Domestic Workers and its Executive Regulations, which explicitly prohibit employing domestic workers without valid permits or allowing them to work irregularly.

The law establishes a minimum penalty of one year in prison and fines between Dh200,000 and DH1 million for offenders.

The decree further holds that the same penalties apply to any individual who misuses electronic access privileges granted by MOHRE, which leads to breaches in labor procedures, employment relationships, or ministry regulations.

MOHRE has emphasized that hiring undocumented domestic workers or facilitating their work for others outside of legal requirements poses significant health and social risks.

To ensure compliance, the ministry advises employers to engage exclusively with licensed recruitment agencies, which can be verified through official MOHRE channels.

The ministry has reiterated its zero-tolerance approach towards violations of labor law, highlighting recent legislative amendments that enhance protections for both workers and employers.

Notable changes include:

- An extension of the probation period for domestic workers from three months to six months.

- A mandate for recruitment agencies to provide two-year financial guarantees, thus enhancing employer security.

- Clearly defined refund policies for recruitment and employment fees, contingent on specific conditions outlined in the Executive Regulations.

In addition to these regulations, MOHRE has introduced a flexible work permit system, allowing employers to legally hire workers under different permit categories.

This includes part-time work permits for businesses that require employees to work fewer hours than full-time positions.

Furthermore, juvenile work permits are available for individuals aged 15 to 18, allowing them to engage in employment under defined legal conditions.

The MOHRE has reaffirmed its ongoing commitment to regulating employment practices in the UAE, ensuring adherence to labor laws to protect the rights of both workers and employers.