MoHRE issues Ministerial Resolution on regulation of employment agencies
DUBAI, 24th February, 2022 – The Ministry of Human Resources and Emiratisation (MoHRE) issued a Ministerial Resolution on the regulation of employment agencies, in implementation of the federal decree law regulating labour relations.
The Resolution covers the activities of employment agencies, mediation between parties in terms of labour relations, and negotiating contract conditions when establishing a labour relation.
It established several procedures covering agency licences and allows the opening of branches in the licencing emirate or any other emirate, according to the requirements of local regulatory authorities.
In accordance with the law, the Resolution has set a range of obligations for agencies covering mediation, temporary employment and outsourcing, as well as the obligations of beneficiaries.
The obligations of agencies, whether in terms of mediation, temporary employment or outsourcing, include drafting accurate contracts consistent with the law and keeping workers’ records for at least two years that contain the details of workers, employers and beneficiaries.
The responsibilities of mediation agencies include returning workers to the country from which they were recruited and covering the costs, being responsible for damages caused to others due to its activities if it is proven that the agency has not complied with the terms of an agreement with an employer or beneficiary and the worker’s failure to pass a required medical examination.
The obligations of a temporary employment agency and outsourcing also include implementing the legally established requirements of any employer towards a worker, and the agency may not, under any circumstance, fail to implement these obligations due to a beneficiary’s failure to fulfil their agreement.
The agency must also not employ minors who are not eligible to work under applicable laws in the country or receive any cash or commission.
The ministry will oblige the agency to provide a relevant acknowledgement.
Concerning the obligations of beneficiaries towards workers, the Ministerial Resolution specified a set of obligations, including meeting all occupational health and safety requirements for workers proportional to the nature of their work and the risks of their professions, under the relevant legislation, and not assigning a worker to any job or service outside the general framework of their agreed duties, in addition to prohibiting workers from working for more hours than the total agreed with the agency, except under overtime provisions and controls stipulated in the Decree Law, relevant executive regulations and decisions, and after the agency’s approval.
The obligations also include providing workers with instructions on their required duties in writing, under the general framework agreed with the agency, providing an attendance sheet before sending workers to their agencies, recording, in writing, any reservations made by workers about the content of the sheet, and not employing workers for other parties.
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