Cabinet and Ministerial resolutions on Employment Licensing

¾ Cabinet resolutions
Resolution No. 356/4 FOR 2005

¾ Ministerial Resolutions
Resolution No. 467 FOR 1995
Resolution No. 233 FOR 1998
Resolution No. 370 FOR 2005
Resolution No. 854 FOR 2005
Resolution No. 500 FOR 2005

¾ Ministerial Decree
Decree No. 87 for 2006
Decree No. 92, for 2006
 United Arab Emirates
Ministry of Labour and social Affairs
Minister’s Office

Ministerial Resolution No. 467 for 1995,

Amending Ministerial Resolution No 52 for 1989,
Setting Out the Rules and Procedures to be followed by Employment Licensing
Sections with respect to Import of non-Nationals for Employment in the UAE

The Minister of Labour and Social Affairs;

After having reference to Federal Law No.( 1) for 1972, on the functions of ministries
and the responsibilities of ministers;

And to the Federal Law No. (8) for 1980, on regulation of labour relations, and the
amending laws thereof;

And to the Council of Ministers’ resolution no 5 for 1980, on the organisational

skeleton of the Ministry of Labour and Social Affairs;

And to the ministerial resolution No 52 for 1989 on the rules and procedures to be
followed by labour licensing sections with respect to import of non-National labour
for employment in the UAE;

And based on the recommendations of the ad hoc committee set up by the Higher
Follow Up Committee for examining the group licensing procedures;
 Resolves as follows:

Article (1)

Article 5 of the Ministerial resolution no 52 for 1989 regarding the rules and
procedures to be followed by employment licensing sections with respect to
importing non-National labour for employment in the UAE, shall be amended to read
as follows:
“Applications for import of non-National labour shall be made on individual basis
unless it becomes necessary to make a group application, such as when the labour are
urgently needed. The justification of urgency shall be communicated to the Ministry
which reserves the right to reject the request for group licenses if it is not justified.
The number of employees included in a group license shall in no case be lower than
twenty five (25) employees”.

Article (2)
This resolution shall take effect as of the date hereof and shall be published in the
official Gazette.

Saif bin Ali Al Jarwan

Minister of Labour and Social Affairs

Made on 19.8.1985
 MINISTERIAL RESOLUTION NO 233, FOR 1998,
ON RULES OF LICENSING EMPLOYMENT AND EXPATRIATE
MANPOWER SUPPLY AGENCIES

The Minister of Labour and Social Affairs;

After having reference to the Federal Law No 1, for 1972, on the functions of
the Ministries and the powers of the Ministers, and the amending laws
thereof;

And to the Federal Law No 8 for 1980, on regulation of labour relations, and
the amending laws thereof;

And to the Council of Ministers resolution No 17, for 1997. on modifying the
value of bank guarantees and fees and penalties applicable to employment
agencies or expatriate manpower supply agencies and nursery homes;

And to the Ministerial Resolution no 845 for 1997 on modifying the value of
bank guarantees and fees and penalties applicable to employment agencies or
expatriate manpower supply agencies and nursery homes;

And to the Ministerial Resolution no 57 for 1987 on the rules of licensing

employment agencies and expatriate manpower supply agencies;

And to the minutes of the tenth meeting of the Higher Committee for Labour
Affairs, held on 13.1.1998;

And based on the submission of the Ministry’s Under-Secretary;

 RESOLVES AS FOLLOWS

CHAPTER ONE
LICENSING CONDITIONS

ARTICLE ONE
No one, whether a natural or legal person, may serve as agent for employment or
for supply of expatriate manpower unless he is duly licensed pursuant to this
Resolution.

ARTICLE TWO
Issue of licenses for practicing employment brokerage or supply of expatriate
manpower shall be confined to the Nationals of the United Arab Emirates; if
applicant is a company, it must be a UAE company and all the partners therein
must be Nationals.

ARTICLE THREE
As precondition for licensing agencies for employment within the UAE or for
supply of expatriate manpower from abroad, applicant shall:
1. submit to the Ministry an undertaking that he will not take any commission
or financial award from workers in return for employing them within the
UAE or bringing them in from abroad;
2. furnish a bank guarantee for an indefinite period, for one hundred thousand
Dirhams, issued by a bank operating in the UAE, to be at the Ministry’s
disposal pursuant to the measures it shall specify;
3. Maintain a furnished office or premises for carrying out his activities, and
shall not carry out any activity related to manpower supply anywhere other
than the proclaimed premises.

ARTICLE FOUR
There shall be a written contract between the employer and the licensee, in Arabic,
and in English if necessary, containing specifically the following details:
A. Agencies for Employment within the UAE:
1. Occupation
2. Nature of work
3. Wage
4. Employer’s undertaking to employ the employee according to the regulations
in force.
5. Employer’s undertaking to observe Federal Law No 8 for 1980, on regulation
of labour relations, and the amending laws thereof and other applicable laws.
6. Specifying licensee’s commission.
B. Agencies for Supply of Manpower from Abroad:
1. Occupation
2. Nature of work
3. Wages of supplied workers, according to occupation.
4. Employer’s obligations.
5. The countries from which the employees are to be procured.
6. Licensee’s commission.
7. Medical examination.
8. Undertaking to repatriate the employee immediately within a specific period to
be mutually agreed upon, in case he fails to pass the medical examination, or is
found unfit for the work.
9. Employer’s undertaking to present the entry permits issued by the competent
Nationalisation and Residence Department.
10. Employer’s undertaking to observe Federal Law No 8 for 1980, on regulation
of labour relations, and the amending laws thereof and other applicable laws.
No employer may enter into contract for employment of manpower from within the
UAE or for supply of manpower from abroad except with one of those licensed by
the Ministry of Labour and Social Affairs to carry out this activity.

ARTICLE FIVE
A manpower supply agent’s relationship with the supplied workers ceases once
they join work; thereupon they become directly affiliated to the employer and
have nothing to do with the supplier.
 CHAPTER TWO
LICENSING CONDITIONS

ARTICLE SIX
Whoever wishes to obtain the said license shall submit, either personally or
through a representative, an application on the appropriate form duly supported
with the following documents:
1. Copy of the National ID (Nationality certificate).
2. Copy of passport.
3. Copy of specimen signature from the concerned authority (Form 7).
4. Certificate of good conduct issued by the competent authority.
5. An undertaking to be bound by all the provisions of Federal Law No 8 for 1980,
its amendments and implementing resolutions, particularly those prohibiting
taking commission from workers in return for their employment.
6. Copy of the license issued by the Economic Department/Municipality for
practicing activity (upon renewal).
7. Receipt of payment of the prescribed fees.
8. Documents 1, 2 3, and 4 shall be submitted for each one of the partners (in case
applicant comprises natural persons).

ARTICLE SEVEN
The prescribed fees for issue of first-time licenses, renewals, or duplicates for
damaged or lost licenses shall be collected pursuant to the pertinent resolutions. The
fees shall be paid upon filing the application, subject to the prescribed procedures and
fees.

ARTICLE EIGHT
“Each labour office shall maintain a special register wherein it shall enter the
received applications in serial numbers according to the date of application. It shall
provide applicant with a receipt evidencing receipt of the application and
supporting documents and the prescribed fees. After verifying compliance with the
applicable conditions, the competent office shall refer the application to the
Ministry’s office in Abu Dhabi or Dubai, as appropriate, within one week at most
from the office’s receipt of the application”.

ARTICLE NINE
The committee set up by resolution of the Minister of Labour and Social Affairs
to consider applications for licenses to establish agencies for employment or for
import of expatriate manpower shall examine each application and approve or
reject it within one month from receipt of an application fulfilling all the
conditions shown under article 6. The committee’s decision shall be
communicated in writing to applicant. Applicants whose applications are rejected
 my file an appeal with the Minister within two weeks of notification of the
rejection. The Minister’s disposition on the appeal shall be final.

ARTICLE TEN

Upon approval of application, applicant shall furnish the Ministry, within one month
from approval of his application, with the bank guarantee referred to under Article 3
hereof, in the form approved by the Ministry. If applicant fails to furnish the required
bank guarantee within the specified period, his application will become null and void.

ARTICLE ELEVEN
The license validity period shall be one year from the date of the approving
ministerial resolution. It may be renewed for further durations subject to the rules
set forth in this resolution.

ARTICLE TWELVE
At least one month before expiry of the license, licensee shall apply for its renewal,
using the appropriate form and supported with the following documents:
1. The original license to be renewed.
2. Copy of the license issued by the competent Economic Department
or Municipality.
3. The periodic statements referred to under article 15 hereof.
4. Receipt evidencing payment of the prescribed fees.
5. Other documents specified in the laws and regulations in force,
which the Committee considers necessary for license renewal.

ARTICLE THIRTEEN
The Ministry reserves the right to suspend the license temporarily for a definite
period or cancel it permanently if licensee breaches any of its obligations. The
Ministry may cancel the license in the following cases:
1. If the particulars furnished by applicant, in connection with
obtaining or renewing the license, are found, after issue or renewal,
to be untrue.
2. If licensee or an employee thereof received money from the workers
in return for employment within the UAE or importation from
abroad.
3. If licensee or an employee thereof contravened the labour Law, the
resolutions issued in implementation thereof and the other laws in
force in the UAE.
4. If licensee dies and his heirs are not willing to continue practicing
the activity.
 5. If the license remained un-renewed for more than (90) days after its
expiry.

ARTICLE FOURTEEN
In case the license is lost or damaged and licensee applies for a duplicate, the
Ministry shall, after verifying the occurrence of such loss or damage, issue him a
duplicate copy, after paying the prescribed fees pursuant to the pertinent
resolutions.

CHAPTER THREE
LICENSING CONDITIONS

ARTICLE FOURTEEN
Each licensee shall furnish the Ministry with periodic statements after six months
from the license issue date and at six-month intervals thereafter, using the
appropriate form.

ARTICLE SIXTEEN
Each licensee shall post his license in a conspicuous place at his place of business and
shall keep all contracts he concludes with business concerns and the other documents
required by the Ministry, for the purpose of monitoring the implementation of this
Resolution through the labour inspectors assigned by the Ministry to conduct such
monitoring.

ARTICLE SEVENTEEN
Whoever practices employment brokerage or manpower supply without license,
violates an imperative provision of this resolution, uses the Ministry’s approval in
an illegal way, or presents false data or documents in order to obtain the license,
shall be liable to the penalties provided for under Chapter Eleven of the Federal
Law No 8 for 1980, as amended.

ARTICLE EIGHTEEN
The Ministry’s Under-Secretary shall set the rules governing the bank guarantee,
the license application forms, the license forms, and other rules necessary for
implementation of this resolution.

ARTICLE NINETEEN
The bank guarantees submitted to the Ministry will be returned to their owners in
the following cases:
1. Rejection of the license application (and after the lapse of the petition
period).
2. Cancellation of the license after the licensing ministerial condition is issued.
 ARTICLE TWENTY
This license is personal, whether licensee is a natural or corporate person.
Accordingly, licensee may not assign the license to anyone else or entertain a new
partner therein except after submitting an application to the Ministry, meeting all
the conditions stipulated in this Resolution, and obtaining the Ministry’s approval
of such application.

ARTICLE TWENTY ONE

Holders of licenses upon the issue of this Resolution shall adjust themselves
accordingly by submitting a bank guarantee in the amount specified in this
Resolution, instead of the previously submitted bank resolution.

ARTICLE TWENTY TWO

This resolution shall be published in the official Gazette and shall come into force
on its date of issue.

Issued on 5.2.1998.

Mattar Humaid Al-Tayer

Minister of Labour and Social Affairs
 CABINET DECISION NO. (356/4) FOR 2005

The Cabinet of Ministers, in its Session No. (17), held on 23rd May 2005, decided to
cancel the condition of educational qualification for all expatriate workers in all
sectors, previously stipulated in Article (4) of the Cabinet decision No. (563/1) for
2001, dated 08.10.2001 and Article (1) of the Cabinet decision No. (7/7) for 2003
dated 13.01.2003. The decision excludes jobs that require certain levels of
qualification.

The Prime Minister

 MINISTERIAL DECISION NO. 370 FOR 2005,
REGARDING THE SPECIAL MISSION ENTRY PERMIT

The Minister of Labour and Social Affairs;

After having reference to Federal Law No.( 1) for 1972, on the functions of ministries
and the responsibilities of ministers and the amended laws thereof;

And to the Federal Law No. (8) for 1980, on regulation of labour relations, and the
amending laws thereof;

And to the Cabinet Decision No. (5) for 1990 regarding the organization structure of
the Ministry of Labour and Social Affairs

And to the ministerial decision No. 401 for 1997 regulating temporary and part-time
work in the UAE private sector;

And to the ministerial decision No. (37/2) for 1982 on the standards of medical care
to be provided by employers;

And to the General Directorate of Naturalization and Residency;

And based on the proposals presented by the ministry’s undersecretary for labour
sector;

Decides as follows:

Article 1

Without prejudice to the provisions of Article (3) of the ministerial decision No. 401
for 1997 regulating temporary and part-time work in the UAE private sector, the
Ministry of Labour and Social Affairs may grant temporary mission work permits for
ninety (90) days only, to companies whose work conditions require this type of
permit.

Article 2

Companies requesting temporary mission permits shall be committed to:

1. grant each worker a return travel ticket to the UAE and back to his
country of domicile or any other destination agreed upon;
 2. ensure that the worker is medically fit to perform the intended
assignment, and that he is free from any epidemic diseases according to
an authenticated medical certificate;
3. pay a fee of Dh 500 for each worker granted a temporary mission
permit;
4. prepare a work contract upon the arrival of the worker to UAE, duly
signed by the company and the worker and approved by the competent
labour department;
5. provide medical care at the standards stipulated in the ministerial
decision No. (37/2) for 1982, in addition to adequate health insurance;
6. present the Ministry’s approval for hiring expatriate workers on
temporary mission permits, to the General Directorate of Naturalization
and Residency for the issue of the necessary entry visa;
7. not allow the temporary worker under his sponsorship to work for any
other employer;
8. regularly pay the workers’ salaries every month, throughout their
assignment, on a working day and at the workplace, provided payment
lists are presented to the competent labour department monthly;
9. repatriate the worker to his country or any other destination agreed upon,
once the work is completed or within a period of time not exceeding
seven days from the expiry of the permit; and
10. fulfill all other requirements stated in the Ministry’s application form
designed for the purpose, or any further conditions that may be made by
the Ministry.

Article 3

The Ministry’s undersecretary for labour sector shall determine necessary

measures, conditions and forms to implement this decision.

Article 4

Companies seeking temporary work permits shall apply to the Establishments Affairs
Department at the Ministry, and in case the application fulfills the required
conditions, it shall be referred to the e-committee.

Article 5

An e-committee shall be formed to determine the eligibility of the applying

companies and their actual need for this type of permits, and to specify a quota for
each eligible applicant based on certain criteria.
 Article 6

Applications for temporary work permits to the Ministry or the competent regional office, as well as
their response to the applicants, shall be made electronically and according to the form specified for
the purpose.

Article 7

The Ministry may renew the temporary work permits for another period based on conditions it
considers fit.

Article 8

Any company that is in breach of the conditions required for granting the temporary
work permits, presents false information or documents to get the Ministry’s approval,
or otherwise violates any of the provisions of Federal Law No. (8) for 1980 and the
amended laws and executive orders thereof, shall have its firm card cancelled from
the register forthwith and shall be subject to legal measures according to clause (11)
of the labour law and relevant ministerial decisions issued for the purpose.

Article 9

This decision shall take effect as of the date of its issue and shall be published in the
official gazette.

Dr. Ali bin Abdulla Al Kaabi

 Minister of Labour and Social Affairs
MINISTERIAL RESOLUTION NO 854 FOR 2005, DATED SEPTEMBER
2005

ON WORK PERMITS, TRANSFER OF SPONSORSHIP AND

RENEWAL OF WORK CARDS FOR EMPLOYEES WHO REACH
THE AGE OF 60 YEARS

• The Minister of Labour and Social Affairs;

• After having reference to Federal Law No.( 1) for 1972, on the functions of
ministries and the responsibilities of ministers;

• And to the Federal Law No. (8) for 1980, on regulation of labour
relations, and the amending laws thereof;

• And to the Cabinet Resolution No. 18 for 2005, on transfer of sponsorship and
secondment of employees and the relevant fees;

• And to the Cabinet Resolution No. 19 for 2005, on the fee and bank guarantee
structure;

• And to the Federal Law No. (529) for 2005, on the executive bylaws of
the Cabinet Resolution No. 19 for 2005;

• And to the ministerial resolution No 826 for 2005, on the executive bylaws for
transfer of sponsorship.

• And based on the submission of the Ministry’s Under-Secretary for the Labour
Sector

Resolves as follows:

Article (1)

Work cards for those who reach the age of 60 years shall be amended as follows:
A. For employees 60 to 65 years old, employment cards shall be renewed
annually after payment of the prescribed fee. This applies to all categories of
workers.
 B. For employees over 65 years old and up to 70, employment cards shall be
renewed exclusively for the following categories:
1. Engineers.
2. Physicians.
3. University teaching staff.
4. Accountants and auditors.
5. Technicians working on scientific electronic equipment and in
laboratories.
6. Professionals in private petroleum companies.
7. Media and journalism professionals.
8. Lawyers.
9. Translators.
10. Holders of higher qualifications and rare technical specializations.
11. Consultants in all fields.
12. Any other category to be approved by the Ministry’s Under-Secretary or
the Assistant Under-Secretary for the Labour Sector, as appropriate.

Article (2)
Exclusively for occupations listed under Article 1 (B) hereof, new work permits (for
import from abroad) for employees 60 up to 65 years old, subject to payment of the
prescribed fees and the bank guarantee (if required).

Article (3)
Transfer of sponsorship of employees who reach the age of 60 may be permitted
subject to the following:
A. A. Sponsorship of employees 60 up to 65 years old may be transferred after
payment of the prescribed fees and submission of the bank guarantee (if
required). This shall apply to all categories of workers.
B. B. Sponsorship of employees over 65 years up to 70 years old may be
transferred exclusively for the occupations listed under Article 1 (B) hereof,
subject to payment of the prescribed fees and submission of the bank
guarantee (if required).

This resolution shall take effect as of the date hereof and all concerned organisations
shall implement it, each in its respective area.

Dr. Ali Abdulla Al Kaabi

Minister of Labour and Social Affairs
 MINISTERIAL RESOLUTION NO. 500 FOR 2005

The Minister of Labour and Social Affairs;

• After having reference to Federal Law No.( 1) for 1972, on the functions of
ministries and the responsibilities of ministers;

• And to the Federal Law No. (8) for 1980, on regulation of labour relations, and
the amending laws thereof;

• And to the ministerial circular No 14 for 1995, on procedures for deletion from
firm’s workforce balance;

• And based on the submission of the Ministry’s Under-Secretary for the Labour
Sector;

• And in pursuit of public interest;

Resolves as follows:

Article (1)

Employment cards of employees who has left the country before six months or more
shall be cancelled subject to the following conditions:

B. The employer shall apply for deletion after the lapse of at least six months
from the employee’s departure, using the appropriate form, and paying AED
200 for each employee to be deleted.
C. The employer shall submit a certificate by the competent Naturalization and
Residence Office confirming that the subject employee has left the country and
not returned.
D. The Ministry’s employee in charge shall check the expiry date of the
employee’s employment card, by referring either to the card or to the
ministry’s database:
i. If the card has expired prior to the employee’s
departure, then a penalty shall be payable by the
employer.
ii. If the card has expired after the employee’s
departure, i.e. while the employee was abroad, then
the card may be cancelled without penalty
 Article (2)
This resolution shall supercede items “first” and “Second” of Section 2 “Exceptional
Cases” of the Ministerial Resolution No 14 for 2005 on procedures for deletion from
the firm’s workforce balance, and any other previous instructions that contradict with
it.

Article (3)
This resolution shall take effect as of the date hereof and shall be strictly adhered to.

Dr. Ali Abdulla Al Kaabi

Minister of Labour and Social Affairs
 Ministerial Decree No. 87 for 2006,
Dated 25.1.2006,

The Minister of Labour and Social Affairs;

• After having reference to Federal Law no 1 for 1972, as amended, on the

functions of the ministries and powers of the ministers;

• And to federal law no 8 for 1980, as amended, on regulation of work relations;

• And to the Cabinet Resolution no 19, for 2005, on the fees and bank guarantee
regulations;

• And based on the submission of the concerned Under Secretary of the

Ministry;

Resolves as follows

Article One
Work permits shall remain valid for 60 days. The prescribed fees shall be paid within
the validity of the permit.

Article Two
Employers’ requests for extending the validity of work permits shall be accepted after
the lapse of the validity period of 60 days, or as from the date of issue of this Decree.

Article Three
Extension of validity of a work permit shall be subject to the following:
1. That not more than 60 days have lapsed since the work permit expired.
2. Payment of a fee of AED500 for an additional respite of ten days from the
permit expiry date, and for each subsequent respite, subject to a maximum of
six 10-day respites, for a fee of AED500 per work permit per employee.
3. Procedures for renewal of work permits shall be finalized after payment of the
prescribed fees.

Article Four
A work permit that has expired but not renewed shall be cancelled. However, it shall
be exempt from the pertinent fees.
 Article Five
A fee of AED 500 shall be collected for canceling an unused work permit if six (6)
months have lapsed since it has expired. Otherwise, an unused work permit shall be
cancelled without charge if it has expired less than six (6) months ago.

Article Six

This decree shall go into force as on 11.2.2006 and shall be strictly adhered to.

Dr. Ali Abdullah Al Ka’abi

Minister of labour and Social Affairs
 Ministerial Decree No. 92, for 2006,
Dated 25.1.2006,

The Minister of Labour and Social Affairs;

• After having reference to Federal Law no 1 for 1972, as amended, on the

functions of the ministries and powers of the ministers;

• And to federal law no 8 for 1980, as amended, on regulation of work relations;

• And to the Cabinet Resolution no 19, for 2005, on the fees and bank guarantee
regulations;

• And based on the submission of the concerned Under Secretary of the

Ministry;

Resolves as follows

Article One
Firms employing 100 or more workers, that have satisfied the following
requirements:
1. Met the prescribed Emiratisation quota.
2. Employed a National government relations officer.
3. Promptly paid employees wages and submitted periodical wage reports to the
Ministry on the prescribed times.
may apply for issue of individual work permits in lieu of those removed from their
records. Such requests shall be processed at the service window, and need not be
referred to the work permit committees.
Article Two
A request for a new work permit shall be approved only if submitted within 90 days
from removal of the employee from employer’s records. The replacement must be of
the same nationality, sex, and profession. Also, the departure of the cancelled
employee must be substantiated.
Article Three
This decree shall go into force as on 11.2.2006 and shall be strictly adhered to.

Dr. Ali Abdullah Al Ka’abi

Minister of labour and Social Affairs