How to hire employees in Dubai?
Dubai is considered a gateway to global business opportunities, as it serves as the storage and distribution hub of the Middle East. Therefore, having an on-the-spot presence can provide considerable work advantages. Dubai is one of the best work destinations for anyone to find a career. It is one of the most cosmopolitan cities in the world and has become the dynamic nucleus of the Arabian Gulf region with its attractive tax-free salaries and warm climate. The emirate of Dubai is ideal for someone to either work for an employer or be self-employed.
How to hire employees in Dubai?
Recruitment process depends mostly on the type of position that is offered. A clerical position, for example, can probably be filled simply by advertising the vacancy and by having the HR department shortlist and interview potential candidates based on the qualifications listed on their CVs.
A middle or top Management position for a multinational corporation will probably be better filled through recruitment firms that specialize in the search of executive candidates. The recruiters will find a handful of suitable candidates that will be further screened by the employer’s HR department.
Professional recruiters have access to pools of potential pre-screened talents and scan a Resume looking for competencies and work experience that make the right candidate stick out from the rest. Every detail is important; work history, skills, experience, education must show the candidate ability to succeed in that particular sector and organization.
Candidates who do not leave in the area will be interviewed via videoconference (the latest trend) or flown in with all expenses paid. It is definitely possible to hire a talent from abroad, but it is obvious that if a suitable candidate is found in Dubai, it would be better to offer him or her the position; Labor Laws, in fact, determine that the employer bears all expenses related to recruitment.
Although it is often not necessary to bring the candidate physically to Dubai to be interviewed, after an initial phone screening, it is better to plan for a face-to-face interview. Especially for top-level position, it is paramount to meet the candidate onsite to get an overall picture not only of his or her competencies but also of the personality and the potential fit in the organization.
The objective is to hire the right candidate for the right role for a company. A corporate recruiting strategist looks for job applicants who are good for the organization, not necessary for right now, but for the long term.
Regulations for hiring process in Dubai.- How to hire employees in Dubai?
The United Arab Emirates Labor Law regulates the process of hiring employees in Dubai. The employer is the one responsible for the procedure of hiring a foreign employee and the costs that come with this process. According to the law, a maximum probation period allows the employer (the employee) to decide if the position is suitable for him or her.
Due to the procedures of the UAE government departments, (Ministry of Education, Ministry of Labour, Dubai Dept. of Immigration, Dubai Police, Dept of Health & Medical Services, Knowledge & Human Development Authority, and other departments), the process of obtaining a UAE Residence Visa and/or a Work Permit can take anywhere from 1 to 3 months. It is imperative that the employee provide all documentation as per contract.
According to the new UAE labour law, the employer has to present a standard offer letter, which needs to be signed by the employee, to the UAE Ministry of Labour in order to apply for an entry permit for the employment visa.
Employment visa process: How to hire employees in Dubai?
Type an Offer Letter and Get Signature and Thumb Impression from the Proposed Employee.
If the employee is out of the UAE, to mail the letter and get scanned copy of the signature page.
Documents Required for Offer Letter: How to hire employees in Dubai?
Passport copy of employee, Photo, Profession, Salary Details and Original Signature Card of the Authorized Signatory, Trade License and Labour Establishment Card Copy.
Documents required for Work Permit application:
So, if you have not provided the documents he cannot process the visa and it does cost money to do the same. No employer will spend for an employee who is not willing to come.
Business owners in Dubai need to observe the legal requirements for employers and their obligations towards their employees. While some business sectors require that companies hire a percentage of UAE nationals, Dubai is a city that welcomes foreign workers and foreign investments.
Employee selection is the most important issue in business. Making the wrong hiring decision means losing away a substantial investment of time and money on recruitment, training and benefits.
The employer’s responsibilities in Dubai- How to hire employees in Dubai?
Before a company in Dubai can hire foreign employees, it must obtain two types of documents – an establishment labor card and an establishment immigration card from the Ministry of Labor. The General Directorate of Residency and Foreigners Affairs (DNRD) is another government body that governs the employment process for foreign workers. The procedure for obtaining these documents needed for hiring employees in Dubai is straightforward and the applications can also be made online. If you need assistance with this, our Dubai lawyers can help.
The Employment Law sets forth the obligations of the employer in relation to the employees. The company that hires personnel must provide work contracts and offer benefits for the individuals. While employers are not required to provide private health insurance, they must at least provide a government health card for each employee. The company must also observe the requirements for the maximum work hours per week, vacation time and special benefits for certain types of employees, like those on maternity leave or those on sick leave.
The employment process in the private sector involves receiving a formal job offer, signing the employment contract, receiving a work permit and a work visa.
The offer letter contains important details of the job and an annex that summarises the most important aspects of the UAE Labour Law. Both parties must sign these documents.
As per labour reform regulations effective 2016, an offer letter made to a foreign worker becomes legally binding after it is signed by both parties. An offer letter to a foreign worker signed by both parties becomes a legal contract.
Hence, after signing, the employer is not allowed to alter or replace any provisions of the offer letter unless such changes have the consent of both the employer and the employee, are within the scope of law and do not compromise the rights of the employee.
The employer must ensure that the employee has read the offer letter and understood it. If it is proved that a worker did not go through the annexes before signing the labour contract, the employer will be fined AED 20,000 for submitting incorrect data to MoHRE.
If the employee is in the UAE, he must sign the offer letter before the employer can seek MoHRE’s preliminary approval for his employment.
Employers must disclose the terms of the offer letter to MoHRE. A copy of the offer letter is stored in the MoHRE’s database. Employees are issued work permits based on these offer letters.
The employment contract is a document signed between the employer and the employee in which the latter undertakes to serve the employer and works under his management against an agreed fee paid by the employer.
The employment contract should be based on the offer letter signed by both parties and must be submitted to MoHRE within 14 days of the employee’s arrival in the UAE based on the employment entry permit or from the date of status change (if you are in a status which allows you to transfer your visa; i.e. not having violated any law).
Language of employment contract
In January 2016, MoHRE – Ministry of Human Resources and Emiratisation approved a third language to be added on the job offer, labour contract and annexure.
In addition to Arabic and English, employees can choose from the following 9 languages: Bengali, Chinese, Dari, Hindi, Malayalam, Nepalese, Sinhalese, Tamil and Urdu.
This applies to workers coming from outside and those residing in the UAE that are seeking a new job, or moving from one company to another.
Types Of Employment Contract in UAE– How to hire employees in Dubai
Under the UAE Labour Law No. 8 of 1980, there are two types of employment contracts. The difference lies in the provisions for end of service gratuity and termination.
In 2018, the UAE implemented the part-time contract system by virtue of a ministerial resolution.
Limited term contract (fixed-term)
In general, limited term contracts mention the start and end dates of the employment period. Unless the contract is renewed, it is automatically cancelled when it expires.
These contracts are adopted where an employer needs to engage employees for specific projects or specific duration.
According to recent reforms in the UAE’s labour market, limited term contracts are for a maximum duration of 2 years, unlike 4 years as before. The contract must also include a notice for termination.
Refer to Ministerial Resolution No. 765 of 2015 on the Termination of Employment Relations.
Unlimited term contracts
An unlimited term contract is open-ended, more flexible and commonly used in the UAE. It can be terminated with mutual consent or by giving a notice of 1 to 3 months. The parties involved must honour their obligations throughout the notice period.
Therefore, an employment relation is deemed to have ended without due process when either the employer or employee terminates the employment relation without complying with legally mandated procedures.
In this case, the wronged party may initiate legal action and compensation.
Related links from MoHRE:
Part-time contract
In 2018, Ministry of Human Resources and Emiratisation (MoHRE) implemented a new rule which allows the companies to recruit skilled workers from inside the country or from abroad under part-time contracts system. These types of contracts are limited only to skilled workers, namely holders of university degrees or higher and those who completed two or three years diploma in any technical or scientific field.
Under this new system, part-time contract employees can take several part-time jobs without the approval of the original or other secondary employers; however, they are obligated to take permit from the MoHRE.
The part-time contract is subject to same rules and penalties applicable to the regular employment contracts common in UAE: limited or unlimited.
Part-time contract may not be changed into a regular contract until after the end of the part-time employment contract.
Responsibilities of the original/primary employer
Under the part-time contract, the original employer bears:
Additionally, the original/primary employer may not require the worker to work more than the hours agreed upon or prevent him from working in a similar facility under the non-competition clause or for disclosure of the secrets of the facility.
Responsibilities of the additional/secondary employer
The additional employer has to pay the same fees charged for temporary work permits as administered by MoHRE.
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