13.1 Licensees will be responsible for discharging all of their duties in relation to their employees in accordance with Federal Law No. 8 of 1980 (as amended) (the “Labour Law”). The Labour Law will apply to all persons employed in the Free Zone in addition to the provisions of this section 13.
13.2 All costs of recruitment and other employment related services must be born solely by the Licensee. Under no circumstances may a Licensee, recruitment agent, subcontractor or other third party working directly or indirectly on behalf of the Licensee recharge or pass all or any part of such costs to a recruited employee as part of a transfer fee, visa fee or any other claim, charge or expense whatsoever.
13.3 The Authority may investigate any claim that employees have paid or were required to pay any fees or charges to a Licensee recruitment agent, subcontractor or other third party working directly or indirectly on behalf of the Licensee, either by its own volition or as a result of any complaint by an employee or any other third party. Such investigation may include interviews of relevant personnel. If the Authority’s investigation substantiates such claims the Authority may amongst other things:
• Impose a fine upon the Licensee in accordance with the Tariff; and/or
• Require the Licensee to immediately reimburse the recruited employee an amount equal to any fees or charges paid by the recruited employee together with such interest and other compensation as the Authority may consider to be fair and reasonable in the circumstances.
Contract of Employment
13.4 A Licensee must have a written contract of employment with each employee. The terms and conditions of such contract of employment are a matter of negotiation between the Licensee and the employee. The contract of employment must, as a minimum, comply with the provisions of the Labour Law.
13.5 All Licensees will be bound by the provisions of the Labour Law in relation to working hours (including provisions relating to overtime, Ramadan timing and summer working.)
Basic Work Rules
13.6 All Licensees should establish a set of basic work rules for the benefit of all employees. As a minimum, such work rules should include details of working hours, employee health and safety in the workplace, employee conduct and the Licensees grievance and disciplinary procedures.
13.7 All Licensees are reminded that employee passports are the property of the issuing country. No Licensee may hold the passport of an employee without the employee’s prior and genuine consent. Where an employee has consented to a Licensee holding his or her passport the Licensee must have effective procedures and controls in place to ensure that retained passports are held in a safe and secure facility and can and will be returned to the employee promptly at the employee’s request.
13.8 All Licensees must procure and maintain a medical insurance policy for all of its employees in accordance with applicable law. Evidence of a valid medical insurance policy must be provided to the Authority upon request.
Termination of Employment
13.9 Where an employee’s contract of employment is terminated or expires and is not renewed both the Licensee and the employee must deliver a signed letter of confirmation, in such format as may be specified by the Authority from time to time, conforming that the employment has terminated and that the Licensee has paid and the employee has received all sums due and owing to the employee (including, without limitation, any applicable end of service gratuity payment). Failure by the Licensee to promptly notify the Authority of a terminated employee will attract a fine as set out in the Tariff.
13.10 If an employee is absent from work without approval for seven (7) consecutive days or is otherwise believed to have absconded from his or her employment the Licensee must promptly file a report of such unauthorised absence with the Authority. The Licensee will be liable to pay all applicable fines (e.g. immigration fines) and fees (as set out in the Tariff) in relation to such absconding employee.
13.11 Failure by the Licensee to promptly notify the Authority of an absconding employee will attract a fine and penalties as set out in the Tariff.
13.12 Where Licensees provide their employees with accommodation either within or outside of the Free Zone they must, in all circumstances and as a minimum, comply with the Guide for General Standards of Group Labour Accommodation and Services attached to it in the UAE as approved by Cabinet Resolution No. 13 of 2009 (as amended).