New Emiratisation Rule in UAE: Laws for Private Sector

by Vishakha Agarwal 30, Jan 2024

The government is implementing rules to increase the representation of Emirati workers in the UAE. The primary goal is to expand the number of UAE citizens employed in the sector. 

Recently, new legislation about the Emiratisation rules in UAE came out. It is mandating that private sector companies hire 2% Emirati workers on a basis. These laws, Decision No. 279 of 2022, will impact corporate hiring practices and organisational procedures.

All About the New Emiratisation Rule in UAE

Nafis is a government program aiming to enhance the competitiveness of Emirati resources. And empower them to secure jobs in the private sector within the UAE over the next 5 years.

These resolutions are a part of this program. These intend to create 12,000+ job opportunities each year for Emirati nationals.

  • The UAE government released regulations about Emiratisation in the sector (also known as the 2% Emiratisation law) as outlined in Decision No. 279 of 2022.
     
  • Cabinet Order No. 18 of 2022; Classification Law Update: New guidelines have been introduced that pertain to the benefits of the Nafis program.

The Impact of Emiratisation on Businesses in the UAE

Businesses falling under the jurisdiction of the Ministry of Human Resources & Emiratisation (MOHRE) must stick to the Emiratisation laws at all times. For a private company to meet the requirements, it should have a workforce of 50 employees. At least 2% of the workforce has to be Emirati nationals. 

This initiative applies to areas within the UAE, excluding free zones like DIFC and ADGM.

Also, read about how to proceed with us for your business setup in UAE.

Requirements Outlined in the UAE 2% Emiratisation Law

As per Emiratisation regulations, The Ministry of Human Resources and Emiratisation (MoHRE) has started implementing the Cabinet Decision to expand the scope of companies subject to Emiratisation targets, where more than 12,000 companies with 20-49 employees, operating across 14 specific economic sectors, are now required to hire at least one UAE citizen in 2024 and another one in 2025.

Under the new Emiratisation rule in UAE, skilled workers will fall into 5 categories:

  1. Service jobs.
  2. Experts in writing.
  3. Experts in technological and humanitarian fields.
  4. Lawmakers, supervisors, and corporate executives.
  5. Technicians in science, technology, and welfare domains.

To meet the requirements for Emiratisation Rules in UAE,

  • Skilled workers must have completed school or an equal qualification.
  • Their workers' certificates will be attested by the authority.
  • They need to earn a salary of AED 4,000.

New Emiratisation Rule in UAE - The Penalties

Penalties will apply if businesses fail to follow the Emiratisation Rules in UAE;

  • The smallest monthly fine of AED 6,000 gets imposed for each rejected Emirati candidate starting from January 1st, 2023. These fines will increase.
  • Failing to pay these fines can lead to the suspension of the company's ability to apply for work permits. If a corporation fails to meet its Emiratisation quotas for 2 years, it gets classified in the category under the Classification Law.
  • The UAE authorities have issued warnings to compliant corporations. They've been emphasising the possibility of financial and reputational consequences. All this if they keep neglecting the recruitment of UAE nationals.

To ensure business operations, corporations need to stay updated on the laws and regulations since the UAE opened its doors to investors. Once they fulfil the requirements of the 2% Emiratisation law, they'll be able to pursue their business interests. Plus, become part of the UAE community.

End Note

Commitbiz is a trustworthy consultancy that offers PRO services for investors. If you need information on the updates, our experts will guide you through the entire process. Let us get on a call now.

FAQs

What Is Emitarisation?

Emiratisation is a program launched by the UAE authorities. Employers in the public and commercial sectors are required by law to hire UAE natives in accordance with this program. Emiratisation's primary goal is to boost local economic contribution to the United Arab Emirates by actively hiring UAE citizens.

What are the UAE's Emiratization Regulations?

Ministerial Decision No. 279 of 2022, Cabinet Decision No. 18 of 2022, and other rules outlining the advantages of the Nafis program are the regulations that govern Emiratisation.

Is the Emiratisation rules applicable in all UAE jurisdictions?

Private sector enterprises registered in the United Arab Emirates mainland are subject to the Emiratisation law. 

Emiratisation legislation will not apply to enterprises located in free zones, such as ADGM and DIFC (Dubai International Financial Centre). 

Nonetheless, if UAE citizens fit certain job characteristics, free zone entities may employ them.

 

What conditions are stipulated in the Emiratisation rules in UAE?

Every year, all employers who employ more than fifty people are required to increase their Emiratisation rate by two percent of all skilled personnel.

What penalties might apply?

According to the ministry, businesses that refuse to hire Emiratis would be fined AED 72,000, or Dh 6,000 per month, in one payment.

In addition, the government stated that companies that fail to meet the 2% target in 2023 will have to hire 4% Emirati workers by 2024.

 

Which ones are exempted?

Under the new Emiratisation rule in UAE, companies that employ fewer than fifty people are not allowed to follow Emiratisation legislation. 

However, businesses in the United Arab Emirates that are governed by the Ministry of Human Resources & Emiratization (MOHRE) are required to abide by the new Emiratisation regulations without exception.

However, free zones like ADGM and DIFC are not covered by this rule.

 

What are the advantages of Emitarization?

Businesses that Emiratise gain access to a highly qualified and motivated workforce enhance their brand image, and fortify their ties with the government, among other advantages.