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Secondment Agreement Uae

6 October 2021 No Comment

When the posted worker returns to the main employer after the end of the posting, he or she is often not expected to receive dismissal rights under local law. However, we often see problems where the working relationship collapses for one reason or another. It is therefore desirable to consider and effectively manage the above-mentioned problems from the outset. It is essential that posting agreements are clearly documented and that Members know how and why they are seconded, as well as the conditions of these agreements, in order to try to meet expectations in the event of a subsequent dispute. In addition, employers should ensure that workers know how their “exit agreements” differ from those that can be locally described as posting, for example: in Qatar, the Ministry of the Interior may allow a “posting” or “borrowing” between two Qatari entities; that agreement shall be significantly different from the international postings referred to in this Article. In order to preserve the relationship between the operator and the worker during the posting and provided that the parties so wish, the worker would normally remain employed by the operator. As a rule, a posting is made for commercial reasons (as stated above) or because the ultimate employer (in this case the operator) is not present in the UAE or is unable to obtain residence visas or work permits for employees. If this is the case, the owner sponsors the employee, but an employment relationship remains between the employee and the operator. The above provides a very general overview of some of the main considerations relating to the recruitment or secondment of staff to the United Arab Emirates. With regard to the secondment of staff, specific advice should be sought, as the requirements in the UAE depend on the specific circumstances. In addition, an agreement should be concluded between the main employer and the posted worker setting out the conditions for the posting.

Such an agreement should address the issues of duplication, for example by suspending all rights in the primary employment contract, to the extent permitted by applicable law. As stated above, all employees in the UAE must perform work for their sponsor and only at their sponsor`s registered office. In hospitality, this inevitably leads the hotel owner to employ all hotel staff members, including management, since the hotel owner owns the hotel license and provides the licensed place of activity where the staff is employed. This agreement creates a scenario in which the legal responsibility of the staff rests with the owner, while the selection, hiring, management and management of the staff is carried out by the hotel operator, although practically by the hotel staff, such as the general manager, the personnel manager, etc. .

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Kathy Becker (381 Posts)

Kathy is the CEO/President of the Company of Experts, Inc. and oversees this Small Woman Owned Business serving schools, colleges and universities, businesses, corporations and non-profits moving them from deficit models of planning and thinking to engagement, empowerment and collaboration.

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