Dubai: HR Manager Jailed for Employing Illegal Workers
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.
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 UAE law," Mona told Gulf News.
Resigned
"I started working with the company in May last year as HR manager," she said. She explained that 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 mentioned that two of the workers were released because they previously worked somewhere else and had 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.
http://gulfnews.com/news/gulf/uae/cr...rkers-1.883122
From India, Mumbai
Acknowledge(0)
Amend(0)
580A 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.
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 UAE law," Mona told Gulf News.
Resigned
"I started working with the company in May last year as HR manager," she said. She explained that 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 mentioned that two of the workers were released because they previously worked somewhere else and had 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.
http://gulfnews.com/news/gulf/uae/cr...rkers-1.883122
From India, Mumbai
Acknowledge(0)Amend(0)
If the HR Head came to Dubai in May of last year, she should have immediately checked who was working without a valid visa and taken appropriate action.
As per the Indian Penal Code, the "occupier" of a business establishment is responsible for implementing labor laws and other relevant laws, not the HR authorities. The framers of our constitution were wise in not holding HR responsible for law transgressions.
If the incident is true, it serves as an eye-opener for everyone in India. It demonstrates how strict enforcement of laws can be effectively carried out.
However, in the history of independent India, no employer has ever been imprisoned. A classic example is the Bhopal Gas Tragedy, where the guilty were released on bail within two hours of the court verdict. Cases like Ramalinga Raju's are still ongoing with no resolution in sight. Some employers, like those of a prominent airline, have the audacity to deduct TDS from employees' salaries without depositing it to the IT department, and yet the IT department takes no action against this blatant violation.
Ok...
DVD
From India, Bangalore
Acknowledge(0)Amend(0)
As per the Indian Penal Code, the "occupier" of a business establishment is responsible for implementing labor laws and other relevant laws, not the HR authorities. The framers of our constitution were wise in not holding HR responsible for law transgressions.
If the incident is true, it serves as an eye-opener for everyone in India. It demonstrates how strict enforcement of laws can be effectively carried out.
However, in the history of independent India, no employer has ever been imprisoned. A classic example is the Bhopal Gas Tragedy, where the guilty were released on bail within two hours of the court verdict. Cases like Ramalinga Raju's are still ongoing with no resolution in sight. Some employers, like those of a prominent airline, have the audacity to deduct TDS from employees' salaries without depositing it to the IT department, and yet the IT department takes no action against this blatant violation.
Ok...
DVD
From India, Bangalore
Acknowledge(0)Amend(0)
Very sad on Mona's part... This is really an eye-opener for all HR professionals. I have a doubt; I think only the top management (Directors) should be arrested in this case because they are the ultimate decision-makers in the organization. HR can implement and support only, but the decision lies with the top management in private companies, I mean...
Regards,
Ramkishore
From India, Bangalore
Acknowledge(0)Amend(0)
Regards,
Ramkishore
From India, Bangalore
Acknowledge(0)Amend(0)
HR Managers 'Must Be Briefed on Labor Law'
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 labor 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.
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 Labor 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 laborers 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 compensated them on an hourly basis as valet drivers.
She noticed that the laborers worked for years without taking vacations and were not even compensated.
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, which 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 labor 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 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
Acknowledge(0)Amend(0)
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 labor 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.
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 Labor 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 laborers 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 compensated them on an hourly basis as valet drivers.
She noticed that the laborers worked for years without taking vacations and were not even compensated.
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, which 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 labor 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 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
Acknowledge(0)Amend(0)
Yes, I do agree with Mr. Ramkishore in Mona's case. She should stand against the company management. In her case, the concerned persons from the UAE should help her out. The way she dreamed of her career, the result she got in the UAE is making others think twice before taking an opportunity here.
From India, Hyderabad
Acknowledge(0)Amend(0)
From India, Hyderabad
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
HR-LEGAL FORMS.zip
HR Manager questionnaire.d oc