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Dubai: A vast majority of residents appear unaware of the stiff fines they face when they hire illegal foreign workers.
Ali Humaid Bin Khatim, Head of Naturalisation and Residency Prosecution, told Gulf News in an interview about the much tougher federal Entry and Residency Law, and steps taken by his agency to curtail violations.
Gulf News: What is the role of the Dubai Naturalisation and Residency Prosecution?
Ali Humaid bin Khatim: We prosecute suspects who violate the Entry and Residency Law. Our team consists of a chief prosecutor and two public prosecutors, and we function under Dubai's Public Prosecution.
The Naturalisation and Residency Prosecution has its own building in Jumeirah.
We are waiting for our new building to become fully operational next August, near the Central Prison in the Al Aweer area. The Naturalisation and Residency Court will also be in that building. Violations of the Entry and Residency Law include, among others, employing workers on someone else's sponsorship, illegally entering the country, working on visit visas and returning after deportation without obtaining special permission from the Minister of the Interior.
Could you please shed some light on the revised Entry and Residency Law and why punishments have been stiffened?
Many people are ignorant of the Entry and Residency Law and have been repeatedly violating the law, intentionally or unintentionally. Previously, a person who hired a worker on someone else's sponsorship or hired an illegal worker or visitor used to be fined a maximum of Dh10,000. Following the amnesty in 2007, the Entry and Residency Federal Law no 7 of 2007, stipulated greater punishments in order to curtail violators.
The revised law stipulates that a person who hires someone who is already sponsored by someone else, or who hires an illegal worker or someone on a visit visa, will be fined Dh50,000 [per violator].
The worker will be jailed for up to three months and/or fined a maximum of Dh10,000 and will be deported. Workers who get deported cannot return to the UAE unless they obtain special permission from the Minister of the Interior.
The law also stipulates anyone who hires or houses infiltrators will be jailed for a minimum of two months and fined Dh100,000 per infiltrator, up to a maximum of Dh5 million. A court can issue an order to demolish a ranch on the outskirts of a city if proven that the owner houses infiltrators or illegal workers.
Since the revised law came into effect last November, what were the results and have the raids and inspections reduced the number of crimes and violators?
Right after the amnesty deadline, the number of violations decreased. Stringent punishments and continuous raids by teams of inspectors from Dubai police, the Dubai Naturalisation and Residency Department (DNRD) and the Labour Ministry have reduced the number of violations. The law enforcement officers and Naturalisation and Residency Prosecution will keep targeting violators.
What are the most common violations?
We have noticed a remarkable increase in cases of housemaids robbing families for whom they work illegally. This has become the most common crime and it happens because a sponsor hires a housemaid illegally, without knowing their names or without having a copy of their passports.
Recently the court fined a number of suspects Dh50,000 each after they complained that their housemaids had robbed them. The theft complaints were treated separately.
Are there any case studies which you would like to share with the public?
A Chinese manager hired two Chinese female visitors for his coffee shop. They were arrested in a raid for working illegally. We charged the visitors with working illegally and the manager was charged for hiring visitors. They confessed to their charges and although they claimed that they were unaware of the law, the court fined the manager Dh100,000 (Dh50,000 for each illegal employee) and jailed each of the employees for one month, followed by deportation. The manager was charged and sentenced although he claimed that he hired them on a trial basis.
In a second case, an Indian manager hired a worker who had absconded from his previous company. The manager was jailed and fined Dh50,000 and the absconded worker was jailed for one month and deported.
The worker's main sponsor was also fined Dh50,000 because he failed to report to authorities that his worker had absconded and allowed him to work for another sponsor.
How does the department handle companies that hire visitors for a trial period?
This is illegal and punishable by law. We would like to caution those companies that they will be brought to court. The employer will be fined Dh50,000 for each visitor who is found working for him/her and the visitor will be jailed and deported. The Labour Ministry has announced a new type of visa which permits an employer to bring in a person for work on a visit visa for a trial period of three months.
What are some of the reasons why people violate the Entry and Residency Law?
The UAE in general, and Dubai in particular, have become an economic hub and have been developing fast in all sectors. Unfortunately, many companies prefer to hire what they see as ready workers [illegal workers] to avoid paying any fees or being obligated with labour contracts.
As far as workers are concerned, each one of them has his or her own circumstances which drive them to break the Entry and Residency Law.
How do you inform the public on how to avoid violating the Entry and Residency Law?
As part of our strategy, we try to reach out to and inform the public through awareness campaigns, multilingual brochures and booklets, organising special lectures and seminars.
The DNRD has made tremendous efforts in informing the public about the law.
Are you well aware of the existing labour rules? How do you think stricter regulations will deter employers from hiring illegals? Tell us at letter2editor@!gulfnews.com
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