How Companies Can Stay Compliant With MOHRE While Using Temp and Staffing Agencies
Many companies in the UAE sometimes need additional manpower during peak times or for completing special tasks. This is the right moment when temporary staffing services can be very helpful. Still, the process of hiring people through an agency is not solely about scouting for the right talent. It also involves complying with the Ministry of Human Resources and Emiratisation (MOHRE) guidelines.
MOHRE has formulated a very detailed set of rules aiming to safeguard both the employer and the employee. Failure to adhere to these regulations may result in heavy fines and legal trouble for your company. This article will guide you on maintaining safety and compliance when cooperating with staffing agencies.
Clarify the Allocation of Roles and Responsibilities
In the UAE, employees hired through staffing agencies are usually sponsored under the agency’s visa. But even if you are not the "legal" employer according to the registry, you don't lose your responsibilities. For example, providing a safe work environment.
MOHRE pays attention to how you treat these workers in the same way as your permanent employees. One of the things you should make sure of is checking if the recruitment agency you are working with is licensed. If you go ahead and hire through an agency that is unlicensed, MOHRE will automatically consider your company liable for illegal hiring.
Always Check for a Valid License
The most important step in staying compliant is choosing the best temporary staffing agency that is fully licensed by MOHRE. In the UAE, a company must have a certain license to be able to provide "on-demand" or temporary workers.
Before agreeing to anything, make sure the agency provides its license. Check if the license is valid or not at the time of contact and whether it authorizes the type of work you need. If you go with a trustworthy partner they will follow up with all the necessary documentation of visas, insurance and work permits as per the UAE Labor Law.
Don't Forget WPS (Wage Protection System)
The UAE has introduced Wage Protection System (WPS) to ensure timely payment to all workers. The staffing agency has the responsibility of the worker's payment via the WPS; however, you have a part as well.
After you pay the agency in a timely manner they will be able to pay the employees. If there is a payment delay and workers complain to MOHRE, the ministry may investigate all parties involved. Maintaining clear and well-maintained payment records is important for compliance.
Ensure That You Are Providing Safe Work Conditions
The Ministry of Human Resources and Emiratisation (MOHRE) enforces strict laws on Occupational Health and Safety. Your office or worksite should comply with all safety standards, even for temporary workers.
If a temporary worker is injured at your facility, MOHRE will verify whether proper safety equipment and training were provided. Besides your permanent employees, give a safety briefing to your temporary workers too. Apart from ensuring the safety of workers, it will also prevent your company from any legal issues.
Respect Working Hours and Break Times
Labor laws for work hours cover everyone, even temp workers. The UAE labor law clearly defines the normal work week and the maximum number of hours that can be worked in a day.
However, during Ramadan, these hours are shortened. You should take the necessary measures to make sure the temporary personnel do not go beyond the working hour limitation as per the law. When they do extra work, the labour supplier should remunerate them with the overtime rates, and you should agree to pay for these expenses. The easiest way to prove compliance if MOHRE ever questions is by maintaining a record of working hours.
Have a Clear Contract
Verbal agreements are risky, so you should have a clear Service Level Agreement (SLA) with the staffing agency. This agreement should explicitly indicate that the agency is responsible for all MOHRE-related matters like issuing labor cards, provision of medical insurance and covering visa expenses. By having this written down you protect yourself in case the agency neglects its duties. It not only proves that you followed proper compliance steps but can also be used as evidence if needed.
Emiratisation Targets
The UAE is putting a big effort in encouraging its citizens to work in the private sector. Normally, temporary employees do not count towards your company's Emiratisation target (as they continue to be on the agency's file). However, on some occasions, the MOHRE classification of your company might be impacted if you make use of agencies. It is always advisable to discuss with your agency how their services complement your overall workforce planning and your MOHRE standing.
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Don't let compliance worries slow your growth. TASC Outsourcing is the partner you need to manage your temporary staffing needs without the legal headaches. We handle everything from visas and WPS payroll to full MOHRE compliance, so you can focus on your core business. Whether you need one person or a whole team, we provide reliable, legal, and efficient staffing solutions across the UAE. Let us help you find the right talent today!
Frequently Asked Questions
1. Can I hire a temporary worker without a labor card?
No. Every worker in the UAE must have a valid labor card and work permit. The staffing agency must provide these for the workers they send to you.
2. Is it legal to use workers on a visit visa?
Absolutely not. Hiring someone on a visit visa is a major violation of MOHRE rules and can lead to huge fines and a ban on your company.
3. Who provides medical insurance for temp staff?
The staffing agency, as the legal employer and visa sponsor, is responsible for providing medical insurance according to UAE law.
4. What happens if a temp worker complains to MOHRE?
MOHRE will first look at the agency. However, if the complaint is about the work environment or safety at your site, they will contact your company directly.
5. Do I need to keep files for temporary staff?
Yes. It is smart to keep copies of their IDs, work permits, and attendance logs. This helps you during any compliance audits.