Dinesh Divekar
Business Mentor, Consultant And Trainer
Octavious
Hr Manager
+1 Other

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Dubai: A human resources manager of a private company is serving a six-month jail term after being found guilty by an immigration court in Dubai of employing an illegal worker.

The court had ordered the manager to pay a Dh50,000 fine or serve a six-month jail sentence.

Mona. M., the 25-year-old Australian business graduate, told the court that she cannot afford to pay the Dh50,000 fine.

She began serving her term last month at Al Aweer central jail.

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She said she joined a local car parking management corporation in Dubai in May last year and found herself accused of employing illegal staff after just seven months on the job.

"I was not aware that human resources managers were responsible for company misconduct under the UAE law," Mona told Gulf News.

Resigned

"I started working with the company in May last year as HR manager," she said.

She said the case which sent her to jail started when police caught three employees working as valet drivers in the Dubai International Financial Centre without a valid visa and took them to Bur Dubai police station.

"I went there with the valet manager and the car park manager to help release the workers as my manager advised me but I was arrested on the charge of being the head of human resources at the company."

"The owners of the company and other senior managers are the ones who actually employed the illegal workers."

Mona said she resigned from the job three months after the case was recorded by the court, and was left to fight the charges alone without any support from the company.

She said two of the workers were released because they previously worked somewhere else and have written permission from their company.

"I came from my country to Dubai to start a professional life, but I ended up in jail," she said.

gulfnews : HR manager jailed for employing illegal workers

From India, Mumbai
Dear Octavious,

If the HR Head came to Dubai in last May, immediately she should have checked who are those working without valid visa and should have taken appropriate action.

As per Indian Penal Code, "occupier" of the business establishment is responsible for the implementation of the labour laws or any other laws for that matter and not the HR authorities. Framers of our constitution were probably wise in not holding HR responsible for the transgression of law.

The incident (if it is true) then it is eye-opener for one and all in India. How strict enforcement of law can be done is a good example.

But then in the history of independent India, no employer was put behind the bar any time. Classic case is Bhopal Gas Tragedy. Sooner the court verdict was declared, within two hours the guilty were released on bail.

We have incidents of Ramalinga Raju dragging on the cases. "Occupiers" of one prominent airlines have temerity to deduct TDS from the employees' salary and not depositing it to the IT department. Our IT department does nothing for this flagrant violation.

Ok...

DVD

From India, Bangalore
Dear Mr.Octovious
Very sad on mona part... This is really an eye opener for all the HR professionals i have an doubt i think only the top management (Directors) should be arrested in this case because they have the ultimate decision makers in the organization HR can implement and can support only but the decision lies with the top management in private companies i mean...
Regards,
Ramkishore

From India, Bangalore
"HR managers 'must be briefed on labour law"

Dubai: A human resources manager of a private company, who is facing charges of employing illegal workers, said she was unaware of her liability.

Mona M., 25, has called on law enforcement authorities to educate human resources managers about their responsibilities concerning the enforcement of the residence and labour law.

The Australian business graduate said she joined a local car parking management corporation in mid-May last year and found herself accused of employing illegal staff after just seven months on the job.

She faces a hefty fine and a possible jail term if found guilty by the immigration court in Al Aweer, but says she was not aware that human resources managers were responsible for company misconduct under UAE law.

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She feels the owners and general manager of the company deliberately kept her in the dark about her legal obligations to get them off the hook when the authorities came calling.

Resignation

Mona, who resigned from the job three months after the case was recorded by the court, said she was left to fight the charges alone without any support from the company.

She called on the Ministry of Labour and residency authorities to spell out to human resources managers their responsibilities regarding the implementation of the law at the time of their appointment.

Mona's case is being reviewed by the immigration court in Al Aweer. She is accused of hiring three illegal workers and faces a fine of Dh50,000 for each and a jail term to be decided by the judge.

"I started working with the company in mid-May last year as the HR manager. The company did not have an HR department before that day.

"My main task was to build a human resources department in the company," she said.

"When I joined I noticed that there were a number of violations regarding visas and employment of workers in addition to other irregularities in the performance of the company including forcing labourers to work 12 hour shifts with no overtime throughout the year.

Working holidays

"Workers were asked to work on Eid and holidays as if they were normal days."

She said the company hired staff to work part-time and compensate them on an hourly basis as valet drivers.

She said she noticed that the labourers worked for years without taking vacations and were not even compensated.

She said she complained to the management but was told the authorities would not interfere as there had been no complaint from the employees.

She said the case, that has turned her life upside-down, started when the police caught three employees working as valet drivers in the Dubai International Financial Centre without a valid visa.

Translator

"The three employees were immediately taken to Bur Dubai Police Station," Mona said.

"I went there with the valet manager and the car park manager to help release the workers as my manager advised me that it would be better to go with two other managers since I speak Arabic and can communicate with police officers there."

But instead of being there as a translator, Mona was arrested on the charge of being the head of human resources at the company.

"Since then the case went on against me," she said.

"The owners of the company and other senior managers who actually employed the illegal workers were off the hook."

Mona claims the manager and CEO were directing the blame her way to save themselves.

Human resources officials held responsible

According to labour and residence laws, when an illegal worker is arrested for working for any company, the human resources manager or the person in charge of employment in that company is held responsible.

An official of the residency department said that that Mona's case is being reviewed by the court.

"We know that this company was also fined recently in Abu Dhabi for employing 50 staff not on their sponsorship," he said.

He also said police can arrest illegals but they cannot interrogate them.

"They should transfer the case immediately to us," the official said

From India, Mumbai
Yes, i do agree with Mr.Ramkishore in Mona case.She should against to the company Management,in her case the concerned persons from UAE consitutes should help her out.The way she dreamed her career,the result which she got in UAE making others to think before taken an opportunity here.
From India, Hyderabad
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