UAE employment agencies

Where do I find the best recruitment agencies? How do I find a job? See separate forum for work permits and visas. More ...
Forum rules
Please use the UAE classifieds forum to post ads for jobs wanted or offered. Links: Work in Dubai | Recruitment Dubai | UAE Labour Department

UAE employment agencies

Postby shawarma » 15 Feb 2008, 15:00

Dubai recruitment agencies - information page, also applies for Abu Dhabi, Sharjah, and rest of the UAE.

Add comments here about the information. If you agree or disagree, or want to suggest a good job agency to include in the list (spam posts will be deleted) - please say why.

For comments on individual employment agencies in Dubai, please see if there is a relevant topic and add comments there, or in this section of the forum.
Please use the forum for questions, not the PM system.
shawarma
moderator
 
Posts: 3451
Joined: 27 Sep 2007, 00:39

Re: UAE employment agencies

Postby lumalaban » 04 Jun 2015, 12:23

Hi,

I have a problem with the recruitment agency who placed me in the company that I am working right now. Before I was hired, I was advised to sign a promissory note they made up; stating that I have to pay them for three months equal to my basic salary offered by my company. At first it was okay with me, I have no complain in paying them, I started paying on February 2015 and March 2015. But I have not completed my payment on April 2015 and up to this time, due to some personal financial problems.

They keep on threatening me that they will get my salary and that they will send the police in my workplace to put me in jail and deport me. I tried calling the MOL about this matter and it was hard to get through the call because of the busy line but I was able to talk one of the agents. The agent said, it is illegal and that it should be their client or my company will be paying for it. I tried asking my manager he said that they do not have the agreement of the agency and I should be the one to pay for it.

I am so terribly and brutally sad to know why agency and my company are not following the UAE law. I have sent an email to the MOL Call Center for proof about the guiding rules and policy on how should a Recruitment Agency should legally operate but still I am waiting for their reply. Please see below my email.

Please anyone, I am seeking your advice regarding this matter. Thank you so much for this Forum Site. To the owner, I appreciate for making this site to express our grievances to the exploiter of human freedom.

-----------my email to the MOL------

Dear Sir or Madam,

Good Day. I would like to enquire about how the recruitment agency operate here in UAE especially in Abu Dhabi. Here are my questions below:

1. After an employee is hired by the company, Are they allowed to demand a payment of service charge for the recruitment process coming from the employee?
2. If not from the employee, How do they get paid?
3. Are they allowed to issue a promissory note letter to the new employee about paying the service charge for three months against the salary package of the employee.

I am looking forward for your response regarding this matter. Thank you very much for your time.
lumalaban
visitor
 
Posts: 2
Joined: 04 Jun 2015, 11:58

Re: UAE employment agencies

Postby shawarma » 07 Jun 2015, 19:24

lumalaban wrote:Before I was hired, I was advised to sign a promissory note they made up; stating that I have to pay them for three months equal to my basic salary offered by my company. At first it was okay with me, I have no complain in paying them,

Who advised you to do this? It was bad advice.

UAE Labour Law says the employer must pay any recruitment, visa, and related expenses, not the employee.

That said, the law in the UAE only applies in the UAE, so if this was a recruitment company outside the UAE, and you made this agreement in another country, then the laws of that country would apply. However I think it would be difficult for them to enforce any agreement in the UAE, especially if related to recruitment costs, and especially if a UAE based company had initiated such an agreement in the first place.

The relevant part of UAE Labour Law of 1980 (Article 18) says:

It is not permissible for any licensed labour agent or supplier to demand or accept from any worker whether before or after his recruitment, any commission or material reward in consideration for arranging such recruitment, nor may he obtain from him any expenses except as may be decided or approved by the Ministry of Labour and Social Affairs.


And Ministerial Order 52 of 1989, Article 6 (a) says

The employer or its legal representative shall sign the recruitment application form prepared by the Ministry for this purpose, such form shall include the following undertakings:

a. An undertaking from the employer to the effect that he shall sponsor and be responsible for the recruited Labourer, the bearing of his recruitment expenses and his employment in accordance with the employment contract in a way not prejudicing the provision of the Federal Law No (8)/1980 referred to herein


With respect to your email to the MOL, I can't speak for them but if you were asking me, I would say:

1. No.
2. Usually from the employer.
3. They can try and do what they like but such an agreement doesn't sound legal to me.

There seems to be a grey area with respect to the connection between your employer and the recruitment agency.

It shouldn't be possible for the recruitment agency to access your salary payments, unless your employer has some sort of arrangement with them, and even then I think such deductions wouldn't be legal in the UAE.

There is also a grey area in that it sounds like you did make an agreement with the recruitment agent. If your employer is on your side (and they should be), then you could stand your ground and say it was an illegal agreement in the first place, therefore you want your money back.

I am surprised it was difficult to get through to the MOL. Whenever I have called them it has been relatively easy and they have been quite helpful (usually).

Last but not least though, is the Wasta factor. If the recruitment agency and/or your company has someone in authority protecting them, then you could be on shaky ground. I don't mean legally, I just mean that they could make life difficult for you despite what the law says. Under normal circumstances I would say the threat of police coming to arrest you is an empty one, but as such agencies continue to operate in this way in the UAE it shows that the law is not always enforced as you would expect it to be.

I think you need to try and get more information about the connection between your employer and the recruitment agency, then call the MOL again and see what they say about making an official complaint. You could consider calling the police yourself and making a complaint that you are being threatened but I would strongly suggest you at least phone a lawyer first, since getting the police involved in any situation can sometimes have unpredictable results. Legal firms will usually talk to you on the phone for a few minutes without any charge. Or try calling your embassy or consulate - some of them have dedicated helplines and departments to deal with labour issues for their citizens.

References:

http://www.dubaifaqs.com/wasta.php
http://www.dubaifaqs.com/lawyers-in-dubai.php
http://www.dubaifaqs.com/recruitment-agency-dubai.php
http://www.dubaifaqs.com/embassies-and-consulates-uae.php
Please use the forum for questions, not the PM system.
shawarma
moderator
 
Posts: 3451
Joined: 27 Sep 2007, 00:39

Re: UAE employment agencies

Postby lumalaban » 11 Jun 2015, 22:58

Quote from you:
If the recruitment agency and/or your company has someone in authority protecting them, then you could be on shaky ground


Yes, it is true I believe. Because I am working on a semi government company. I just choose to cooperate with the agency and with the company because they said, the law does not work here and I am afraid when they told me that. I don't want trouble and I promise to settle my balance with the agency.

It is enough for me to know that what they did is illegal. Thank you for the advice my friend it helps me a lot. I just leave the vengeance from the Lord my God.
lumalaban
visitor
 
Posts: 2
Joined: 04 Jun 2015, 11:58

Re: UAE employment agencies

Postby shawarma » 12 Jun 2015, 17:45

lumalaban wrote:I tried asking my manager he said that they do not have the agreement of the agency and I should be the one to pay for it.

I think I didn't read this properly the first time. You are saying your manager told you that you should be paying the recruitment fees?

1. If the recruitment agency is in the UAE, try calling the MOL and saying you want to make an official complaint against the recruitment agency. But consider first calling your embassy or consulate labour helpline if they have one, or a lawyer. Or both.

2. If the recruitment agency is in your home country, look up the laws regarding recruitment costs and your legal liability there. Then consider either paying them, ignoring them, or sending them a letter to say recruitment charges are illegal (if they are). Again, I would suggest you contact a lawyer before you do anything.

I am somewhat surprised that a government or semi-government company in the UAE is condoning this practice. It has been newsworthy enough over the years that I would have expected the closer a company was to the government, the less likely it was to engage in practices that were clearly not permitted under UAE law.

I would very strongly suggest you call your embassy or consulate, and the MOL again, and a lawyer or two (you can get a free phone call usually), before you give in and pay the rest of the money.

I recently called a lawyer regarding a labour situation and a suggestion was made that they write a letter to the organisation concerned. It would have been expensive, and subsequent events made the idea redundant. But had the situation persisted I would have considered trying to find a cheaper lawyer to do the same job. Since you are talking about a significant amount of money, both already paid and to be paid, I would seriously consider trying to find a reasonably priced lawyer to write a letter and help you with an official MOL complaint, and possibly a complaint to the police for making threats against you, and perhaps even for theft - of your money.

But proceed slowly. Call at least two different lawyers to get more than one opinion, and especially ask for their opinion regarding making a complaint to the police. There are potential negative consequences whenever you fight someone powerful. Someone just started another topic this week about such consequences - he or she is now stuck because the company found a way to be petty and malicious.

http://www.desertspeak.com/viewtopic.php?t=5294
Please use the forum for questions, not the PM system.
shawarma
moderator
 
Posts: 3451
Joined: 27 Sep 2007, 00:39


Return to Work and employment in the UAE

Who is online

Users browsing this forum: No registered users and 1 guest

cron