Avoid labour and visa fraud when applying for a job in the UAE

UAE offers lucrative job offers, and ex-pats are highly enthusiastic about building a career and life in the UAE. The UAE’s ex-pat population constitutes almost ninety per cent of its total population, and ex-pats find that UAE offers them a peaceful and tax-free environment.

Any person who wishes to come to the UAE in search of a job opportunity must be careful to conduct the necessary due diligence and ensure to follow the legal requisites.

Job offer letter:

If a UAE based company /employer offers you a job opportunity, such Employer must first issue you an official offer letter as per the pre-requisites of the Ministry of Human Resources and Emiratisation (MOHRE). Such an offer letter, once signed by both the parties, constitutes a binding agreement between the parties, and the validity of the offer can be verified by the employee through the MOHRE website.

Employment visa:

Once the job offer is signed by both parties, the Employer is required to issue an entry visa to the employee to enter the UAE and start his employment. The finalization of the employment visa will be completed once the employee reaches the UAE and successfully passes the medical checks and procedures required for the visa process.

It is important to note that it is specifically prohibited in the UAE for any person who is on a visit visa to work. Working under a visit or tourist visa can bring you penalties and deportation. It is also important to keep in mind that an employer is obligated to pay for the visa costs for an employee, and it is illegal that such cost is recovered from the employee at any given point.

Employment Contract:

The employee is also required to enter into a valid employment contract which would be based on the terms of the ‘job offer’ already signed between the parties. The Employer is not allowed to make any changes to the terms included in the job offer letter.

The employee should enter into the labour contract after reviewing and understanding the various clauses. It is important to understand the terms about ‘probation period’, ‘notice period’, ‘nature of the employment -whether limited-term or unlimited term’ etc. The employment contract is entered into three counterparts, and the one copy is retained with the employee itself.

Always complete due diligence checks before accepting any job offers. Learn more about the Employer by visiting their website details. You can also check their trade license details by accessing the ‘Unified Commercial Registration System’ maintained by the Ministry of the economy. It is always advisable to check the information on the company through various web resources such as ‘Google reviews’, ‘LinkedIn’, ‘Glassdoor’ and also speak with existing employees to verify credentials. Be careful about social media advertisements and hiring agencies that seek to charge you for the visa or employment offer itself, as both are against the UAE laws.

Dr. Hassan Elhais is a legal consultant in Dubai, specializing in the drafting of all statements of claim, memos and consultation on litigation of all manner.