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Basic rules to sponsor foreign employees

After setting up your business and acquiring your licence, you need to sponsor your employees. This section outlines the key regulations and formalities for sponsoring staff to work in your company and the requirements which govern the process.

When giving work permit, Ministry of Human Resources and Emiratisation considers the following:

The worker must possess professional competence or academic qualifications needed in the country.
The worker has lawfully entered the country and satisfied the conditions of residency in the UAE.
The Department of Labour may not consent to the employment of non-nationals unless it examines its records and ensures that there are no nationals registered in the employment section, capable of performing the required job.

Key entities involved in sponsoring employees

At the federal level

The General Directorate of Residency and Foreigners Affairs in the emirates of:

Abu Dhabi
Dubai
Sharjah
Ajman
Umm Al Quwain
Ras Al Khaimah
Fujairah .

Standard employment contract

The ministry has introduced a new standard employment contract and requested the employers to abide by fully. No initial approval for employment is granted until after an employment offer is issued by the employer.

The employment offer must conform with the standard employment contract and duly signed by both the employer and employee. The offer letter is registered with the ministry and at that point, an employer can apply for an employment visa for the employee.

The ministry further stipulates that no new clauses may be added to the standard employment contract unless they:

are compliant with the ministry's legal requirements
do not conflict with other clauses of the standard employment contract
gain the approval of the ministry.

Employment contracts in 11 languages

Read about the language of employment contract.

If proven that workers did not go through the annexes before signing the labour contract, the employer will be fined AED 20,000 for submitting incorrect data to the Ministry.

Verify your job offer

You can enquire about the authenticity of a job offer you receive from the UAE through Mohre website, or call on toll free number 60059000 or use other communication channels provided by the ministry.

Sponsoring process

The process involves two phases:

First phase: Applying for work permits/ labour cards

The employer must first approach the Ministry of Human Resources and Emiratisation and request the issuance of eSignature card for his firm. The eSignature is a prerequisite for any application submitted by the employer. The ministry will issue the card only after inspecting the business premises and verifying lack of any violations. After the issuance of the card, the employer can apply for pre-approval work permit for its employees.

Documents required for pre-approval of work permit for employees:

copy of the business licence
eSignature card of the firm
a colour photo with a white background of the worker
a copy of the worker's passport, valid for minimum of six months
academic qualification if required (post-secondary diploma, university degree or equivalent), duly authenticated by the UAE's Ministry of Foreign Affairs and International Cooperation
a letter of approval issued by the entity concerned for some professions like physicians, pharmacists, nurses and teachers.

Number of employees

The number of employees a company can hire depends on the quota approved by the ministry. The ministry will determine the quota according to the legal form of the company, the area of the premises, the projects involved and the demand of the work operation as evidenced by the employer. This quota can be changed on request from the employer and the approval of the Ministry.

Terms and conditions

In addition to a signed employment offer, there are other conditions which must be met:

The worker must not have any existing valid work permit/labour card from another company.
The worker must not be below the age of 18 years.
The profession assigned to the worker must fit with the firm's activity.
The licence must be valid and free from any violations.
The ministry requires a bank guarantee amounting to AED 3,000 for each sponsored employee.

Please note the following:

The guarantee amount is borne by the employer and can be recovered upon the termination of the employee services and cancellation of his labour card.
The work permit shall be valid for a period of 60 days.
The employer must pay the approval fees and bank guarantee within the 60-day validity period of the work permit.
Within this time, the employee must complete his medical fitness check, have his Emirates ID applied for and obtain the labour card number from Ministry of Human Resources and Emiratisation.
After fulfilling all required papers, a resident permit will be stamped on the employee's passport, which carries the sponsorship of the business entity.
If such fees and bank guarantee are not paid within 60 days, then the permit will be automatically cancelled. In such case, the employer has to reapply for the work permit.

Second phase: Applying for the employee work permit from the General Directorate of Residency and Foreigners Affairs

After getting the preapproval of the ministry, the employer will have to approach the respective General Directorate of Residency and Foreigners Affairs. The employer must request a firm card also from the respective General Directorate of Residency and Foreigners Affairs. Once the card is issued, the employer/company will have a file with the immigration authorities which will entitle it to apply and obtain work permits for new employees in future.

FAQs

Who bears the cost of employment?

Employers bear the cost of visa sponsorship. No employer is allowed to withhold any amount from an employee's salary or deduct visa fees or any other charges.

Can an employee start working at the company based on the pre-approval issued by Ministry of Human Resources and Emiratisation?

No, he cannot. He can only join after having his residency permit is stamped on his passport.

Useful links from Ministry of Human Resources and Emiratisation:

Basic rules to sponsor foreign employees

Standard employment contract

Sponsoring process

FAQs

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