Legislation Details
- Full Title: Cabinet Resolution Regarding the Services Fees and Administrative Fines of the Ministry of Human Resources & Emiratization
- Law Type: Cabinet Resolution
- Law Number: 21 of 2020
- Issued Date: 31 Mar 2020
- Effective Date: 05 Apr 2020
- Official Gazette: No. 676
- Sector: Finance and Banking
- Status: Active
- Number of Articles: 27
- Chapters/Parts: 0
- Amendments: 1
Summary
This Cabinet Resolution regulates the services fees and administrative fines imposed by the UAE Ministry of Human Resources and Emiratization (MOHRE). It establishes the fees for various MOHRE services, such as work permits, renewals, and recruitment activities. The Resolution also outlines a comprehensive schedule of administrative fines for violations related to labor laws, Emiratization requirements, and other MOHRE regulations. The practical impact of this law is that it provides clarity on the costs and penalties associated with MOHRE services and compliance, which is crucial for businesses and individuals operating in the UAE labor market. (Cabinet Resolution Regarding the Services Fees and Administrative Fines of the Ministry of Human Resources & Emiratization, 2020, Art. 1-12)
What is the scope and purpose of this law?
The scope of this Cabinet Resolution is to regulate the services fees and administrative fines imposed by the UAE Ministry of Human Resources and Emiratization (MOHRE). It applies to all economic, technical, industrial, or commercial facilities in the UAE that employ laborers and are subject to Federal Law No. 8 of 1980 on the Regulation of Labor Relationships. The purpose of the Resolution is to provide a comprehensive framework for the fees charged by MOHRE and the penalties for non-compliance with labor laws and MOHRE regulations. (Cabinet Resolution Regarding the Services Fees and Administrative Fines of the Ministry of Human Resources & Emiratization, 2020, Art. 1-2)
What are the key definitions under this law?
The Resolution provides the following key definitions:
- State: The United Arab Emirates
- The Ministry: The Ministry of Human Resources & Emiratization
- The Minister: The Minister of Human Resources & Emiratization
- Facility: Any economic, technical, industrial or commercial unit in which Laborers work, aiming at producing or marketing goods or providing services of any kind, and subject to the provisions of Federal Law No. 8 of 1980
- Categories: Classification categories of Facilities mentioned in Cabinet Resolution 26 of 2010
(Cabinet Resolution Regarding the Services Fees and Administrative Fines of the Ministry of Human Resources & Emiratization, 2020, Art. 1)
What are the main obligations and requirements?
The key obligations and requirements under this Resolution include: 1. Facilities must pay the prescribed service fees for MOHRE services such as work permits, renewals, and recruitment activities. (Cabinet Resolution Regarding the Services Fees and Administrative Fines of the Ministry of Human Resources & Emiratization, 2020, Art. 2) 2. Facilities must comply with the administrative fines schedule for violations related to labor laws, Emiratization, wage protection, and other MOHRE regulations. (Cabinet Resolution Regarding the Services Fees and Administrative Fines of the Ministry of Human Resources & Emiratization, 2020, Art. 3) 3. Facilities must inform MOHRE of occupational injuries, illnesses, or deaths of laborers as per Federal Law No. 8 of 1980. (Cabinet Resolution Regarding the Services Fees and Administrative Fines of the Ministry of Human Resources & Emiratization, 2020, Art. 3)
What licensing, registration, or approval requirements exist?
The Resolution does not specify any licensing, registration, or approval requirements. It focuses on the fees and fines related to MOHRE services and compliance.
What rights and protections does this law provide?
The Resolution does not explicitly outline any rights or protections for individuals or businesses. It is primarily focused on establishing the fees and fines administered by MOHRE.
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for enforcement under this Resolution are: 1. The Ministry of Human Resources & Emiratization (MOHRE), which is responsible for administering the service fees and imposing the administrative fines. (Cabinet Resolution Regarding the Services Fees and Administrative Fines of the Ministry of Human Resources & Emiratization, 2020, Art. 1, 3, 4, 9) 2. The Minister of Human Resources & Emiratization, who is empowered to issue executive resolutions to enforce the provisions of this Resolution, exempt or reduce administrative fines, and determine the regulations and procedures governing employment contracts. (Cabinet Resolution Regarding the Services Fees and Administrative Fines of the Ministry of Human Resources & Emiratization, 2020, Art. 6, 9, 10) 3. The Cabinet, which has the authority to amend the administrative charges and fines stipulated in this Resolution. (Cabinet Resolution Regarding the Services Fees and Administrative Fines of the Ministry of Human Resources & Emiratization, 2020, Art. 7)
What are the penalties for non-compliance?
The Resolution outlines the following administrative fines for non-compliance: 1. Failure to provide an employment contract within 60 days: AED 100 per month, up to AED 2,000 maximum. (Cabinet Resolution Regarding the Services Fees and Administrative Fines of the Ministry of Human Resources & Emiratization, 2020, Art. 3) 2. Failure to renew a work permit within 60 days: AED 200 per month, up to AED 2,000 maximum. (Cabinet Resolution Regarding the Services Fees and Administrative Fines of the Ministry of Human Resources & Emiratization, 2020, Art. 3) 3. False Emiratization: AED 20,000 per Emirati laborer. (Cabinet Resolution Regarding the Services Fees and Administrative Fines of the Ministry of Human Resources & Emiratization, 2020, Art. 3) 4. Providing a malicious or false report on a laborer's absence: AED 5,000 per laborer. (Cabinet Resolution Regarding the Services Fees and Administrative Fines of the Ministry of Human Resources & Emiratization, 2020, Art. 3)
What fees, charges, or financial provisions are specified?
The Resolution specifies the following service fees charged by MOHRE: 1. Work permits from within the UAE: Fees range from AED 19 to AED 430, depending on the facility category. (Cabinet Resolution Regarding the Services Fees and Administrative Fines of the Ministry of Human Resources & Emiratization, 2020, Art. 2) 2. Work permits from outside the UAE: Fees range from AED 19 to AED 430, depending on the facility category. (Cabinet Resolution Regarding the Services Fees and Administrative Fines of the Ministry of Human Resources & Emiratization, 2020, Art. 2) 3. Renewal of permits, amendment of work contracts, and transfer of laborers: Fees range from AED 19 to AED 430, depending on the facility category. (Cabinet Resolution Regarding the Services Fees and Administrative Fines of the Ministry of Human Resources & Emiratization, 2020, Art. 2) 4. Recruitment and mediation activity: Fees range from AED 19 to AED 430, depending on the facility category. (Cabinet Resolution Regarding the Services Fees and Administrative Fines of the Ministry of Human Resources & Emiratization, 2020, Art. 2)
What exemptions or exceptions apply?
The Resolution provides the following exemptions: 1. Facilities that are fishing boats are exempt from the service fees. (Cabinet Resolution Regarding the Services Fees and Administrative Fines of the Ministry of Human Resources & Emiratization, 2020, Art. 5) 2. Facilities that recruit laborers who are not Emirati or GCC citizens are exempt from the service fees. (Cabinet Resolution Regarding the Services Fees and Administrative Fines of the Ministry of Human Resources & Emiratization, 2020, Art. 5) 3. Facilities with 6 or fewer laborers, and facilities that follow Zones Corp, are eligible for reduced service fees equal to the second category (A) fees. (Cabinet Resolution Regarding the Services Fees and Administrative Fines of the Ministry of Human Resources & Emiratization, 2020, Art. 5)
How are disputes resolved under this law?
The Resolution provides a mechanism for grievances against administrative fines. Any interested party may file a written complaint with MOHRE against an administrative fine within 10 working days of receiving the fine. MOHRE must consider the grievance within 20 days of submission. (Cabinet Resolution Regarding the Services Fees and Administrative Fines of the Ministry of Human Resources & Emiratization, 2020, Art. 4)
What are the key deadlines and time limits?
The Resolution specifies the following key deadlines and time limits: 1. Facilities must provide an employment contract to MOHRE within 60 days of a laborer's entry to the UAE or change in status. (Cabinet Resolution Regarding the Services Fees and Administrative Fines of the Ministry of Human Resources & Emiratization, 2020, Art. 3) 2. Facilities must renew a work permit within 60 days of its expiry, or within 7 days of expiry to avoid higher fines. (Cabinet Resolution Regarding the Services Fees and Administrative Fines of the Ministry of Human Resources & Emiratization, 2020, Art. 3) 3. Facilities must provide a work permit to MOHRE within 30 days of a laborer's entry to the UAE. (Cabinet Resolution Regarding the Services Fees and Administrative Fines of the Ministry of Human Resources & Emiratization, 2020, Art. 3) 4. Interested parties have 10 working days to file a grievance against an administrative fine. (Cabinet Resolution Regarding the Services Fees and Administrative Fines of the Ministry of Human Resources & Emiratization, 2020, Art. 4)
How does this law interact with other UAE legislation?
This Cabinet Resolution is related to and references the following UAE laws and regulations: - Federal Law No. 1 of 1972 Concerning the Competences of the Ministries and the Authorities of the Ministers - Federal Law No. 8 of 1980 on the Regulation of Labor Relationships - Federal Law No. 14 of 2016 on Violations and Administrative Penalties in the Federal Government - Federal Law by Decree No. 26 of 2019 on Public Finance - Cabinet Resolution No. 25 of 2010 concerning internal Work Permits - Cabinet Resolution No. 26 of 2010 concerning the classification of Facilities - Cabinet Resolution No. 47 of 2019, which is repealed by this Resolution (Cabinet Resolution Regarding the Services Fees and Administrative Fines of the Ministry of Human Resources & Emiratization, 2020, Preamble)
When did this law come into effect?
This Cabinet Resolution came into effect on 5 April 2020, as stated in Article 12. It was published in the Official Gazette No. 676. (Cabinet Resolution Regarding the Services Fees and Administrative Fines of the Ministry of Human Resources & Emiratization, 2020, Art. 12)
Source Documents
This article analyses Cabinet Resolution Regarding the Services Fees and Administrative Fines of the Ministry of Human Resources & Emiratization for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.