Addressing the media, the minister laid emphasis on the efforts to halt the illegal workers phenomenon in the UAE. "There are many sponsors who hire illegals as drivers and housemaids. It is a violation of the Labour Law because there is no protection of the workers’ rights in such cases. Hence, the ministry is giving the sponsors two-week grace period to legalise the status of the workers, be it at home or in a company," said Dr Al Ka’abi.
According to Assistant Undersecretary in the MoL Humaid bin Deemas, "The employers should apply for a work permit and labour card after signing contract with the labourers. That is to protect the workers’ rights because it is not proper to employ a housemaid and make her work at the company as well."
He also pointed out that the sponsors can transfer the employees from different companies provided they take MoL’s approval.
He added that the penalties, classified into seven categories, would depend on the kind of violations.
The penalties include suspension of the violating firm’s transactions with the ministry, blocking of sponsorship transfer and downgrading to ‘C’ category. In case of repeat violations, the ministry can order the company closed.
In the list of violations, the first category is providing employment to a worker who entered the country illegally. For the first violation, if the firm is in the A-B category, it will face one-year suspension and downgrading to ‘C’ category. In the case of second violation, the company will face two-year suspesion and downgrading to ‘C’ category. If the firm violates the law for the third time, it would face downgrading to ‘C’ category in addition to downgrading of all the firms sponsored by the same sponsor to ‘C’ category for six months.
If the violating company is already in the ‘C’ category, it will face two-year suspension for the first the violation, three-year suspension for the second and three-year suspension for the third violation, in addition to downgrading of all his firms for a year.
In the second category, if an A-B class company hires absconders, it will face one-year suspension and downgrading to ‘C’ category for nine months. For the second violation, it will face one-year suspension and downgrading to ‘C’ category. For the third violation, the company would face downgrading to ‘C’ category for two years, in addition to downgrading of all the firms sponsored by the same sponsor to the ‘C’ category for six months.
Moreover, if the errant company is already in the ‘C’ category, it will face one-year suspension for the first violation, two-year suspension for the second violation and three-year suspension for the third violation, in addition to downgrading of all his firms for six months.
Violation in the 3rd-7th categories include hiring of a labourer who is on another company’s sponsorship, without MoL approval; a labourer working without MoL work permit; recruiting workers who have a work permit issued from free zones as well as hiring of housemaids, private drivers, farms workers who are on their relatives’ sponsorship; recruiting a worker sponsored by government or semi-governmental firms without MoL approval; and recruiting workers who come on visit visa or are in transit.
Assistant Undersecretary in the MoL Obaid Rashid Al Zahmi said, "If we want to control the labour market we should protect the rights of workers. Hence, the minister has stipulated stiff punishments for those hiring illegal workers in the country."
He added that the penalties mentioned in the ministerial order would be imposed in addition to the punishments stated in the Cabinet decision.
The ministry will cancel the work permit of any expatriate who is held responsible for hiring illegals. Furthermore, in addition to the penalties, the case will be referred to the General Prosecution.
Who is illegal?
— Any person who has entered the country illegally.
— Absconders.
— Any person who is working for a company other than the original sponsor, without MoL approval.
— Any person working without MoL work permit.
— Any person who has a work permit issued from free zones and is working for any compnay outside the free zones.
— Any person working for a government or semi-governmental firm without MoL approval.
— Any person who takes up a job while on a visit or transit visas.
