Can the occupancy mentioned in the offer letter and Emirates ID be different?
[ad_1]
Employers cannot mention a designation other than that mentioned in the offer letter initially issued.
Ask: I work in a continental company in Dubai. The job I do, what is stated in the offer letter, is not what is mentioned on my Emirates visa/ID as my occupation. Should I change it? If so, how?
Answer: In accordance with your question, Federal Decree-Law No. (33) of 2021 on the Regulation of Labor Relations; Cabinet Resolution No. (1) of 2022 on the Executive Regulation of Federal Decree Law No. (33/2021) on the Regulation of Labor Relations; and Ministerial Decree No. 46 of 2022 on Work Permits, Job Offers and Model Employment Contracts will be applicable.
It should be noted that the designation mentioned on your UAE visa or UAE resident ID is incorporated in accordance with the designation mentioned on your work permit. The work permit, in turn, follows the information provided in the statutory contract made and registered with the Ministry of Human Resources and Emiratization (MoHRE) in the format prescribed by the MoHRE. It is important to note that your employer cannot mention a designation that is different from the one mentioned in the offer letter that the employer initially sent you. The above, under the provisions of the different legislations mentioned above, and discussed below.
Ministerial Decree 46 of 2022, which was issued following the provisions of the Labor Law and Executive Regulationsrequires an employer to use only the standard employment contract that conforms to the job offer made to the employee when applying for a work permit for the new employee.
This follows Article (2) Clause 1 of Ministerial Decree 46 of 2022 which says the following:
“Article 2)
Employer obligations regarding employment contracts
In accordance with the provisions of the Decree Law and its Executive Regulations, the employer who wishes to employ any worker must observe the following:
1. Use the approved standard employment contract that conforms to the job offer when requesting the issuance of the work permit. It is legal to add more benefits to the worker in the contract than those mentioned in the job offer; It is also permitted to add Annexes to the contract as long as they do not contradict the provisions of the decree law and its executive regulations.”
The subsequent paragraphs of article 2 of Ministerial Decree 46 of 2022 require employers to
(Yo) retain copies (in digital or physical format) of both the job offer and the employment contracts for no less than two years from the date of expiration or termination of the employment relationship and
(ii) Educate employees about their rights and obligations, in accordance with their employment contracts.
The provisions are contained in clauses 2 and 3 of article 2 which said the following:
“2. Maintain a digital or printed copy of both the job offer and the employment contract for a duration of no less than two years from the date of expiration or termination of the employment relationship.
Educate the worker about their rights and obligations, contained in the employment contract.”
Therefore, it is worth noting that the offer letter is an important document with respect to employment relations under the applicable labor laws of the UAE. Employers on the mainland must not only adhere to the terms of the offer letter when drafting the employment contract, but also preserve both documents. Additionally, employers are required by law to educate their employees about their rights and obligations under their employment contracts.
If you have noticed that the designation mentioned in your offer letter is not consistent or does not match with that mentioned in your UAE resident visa/ID, then you should report this to your employer and ask them to make necessary changes. .
Additionally, it should be noted that the procedures to make changes to your residence visa and/or UAE resident ID can only be initiated by your employer. After this, you can start by discussing the issues with your employer and asking them to make arrangements for the necessary changes. However, if his employer ignores such requests and/or deprives him of his rights as an employee in violation of applicable laws, then he may contact the MoHRE to report the matter.
News Source: Khaleej Times
[ad_2]
