Fix Your UAE Visa Job Discrepancy Now
What Can Employees Do if Their UAE Visa Profession Does Not Match Their Job?
One crucial element of a UAE visa is the professional designation, which is recorded based on the employment contract. However, situations may arise where the profession stated on the visa differs from the actual job role performed by the employee. This can be confusing for those involved, especially when the accurate job title is essential for legal or professional reasons.
Example of a Common Case
A young man recently joined a company based in Dubai and reported that the designation on his visa was completely different from what was listed in his employment contract. His question was whether this could cause issues for him and what he could do to resolve this situation.
How is the Profession on the Visa Determined?
The professional designation on UAE visas is determined based on the information recorded in the employment contract as prescribed by the Ministry of Human Resources and Emiratisation (MoHRE). The MoHRE's standard contract format requires that the details provided in the job offer issued by the employer must match the information submitted with the employment contract and visa application documents.
This aligns with Article 2(1) of Ministerial Resolution No. 46 of 2022, which states:
"When submitting a request for a work permit, the employer must use the approved standard employment contract, which matches the content of the job offer. Additional benefits may be added to the employment contract, as long as they do not conflict with the provisions of the law and its implementing regulations."
Why Is Consistency Important?
The professional designation on the visa is not merely administrative data; it often impacts the employee's:
a. Legal status: Certain professions require special licenses or permits that are determined based on the professional designation.
b. Pay scale: Under UAE labor laws, certain job titles might attract higher wages and benefits.
c. Career opportunities: To validate professional experience, it is crucial that the profession on the visa aligns with the actual job role.
What Can the Affected Employee Do?
1. Inform the Employer: As a first step, the employee should notify the employer about the discrepancy. Only the employer can initiate the change request.
2. Discuss Possible Solutions: Ask the employer to begin the necessary modifications. The process may include:
a. Updating the employment contract to align with the actual job role.
b. Updating visa and Emirates ID details with the authorities.
3. Follow Legal Procedures: It's the employer's responsibility to officially register the changes through the MoHRE, in compliance with the relevant legal and regulatory frameworks.
How Urgent is the Matter?
Although a mistake in the professional designation seldom leads to immediate issues, it can cause long-term complications, for example, if:
a. The employee wishes to apply for a loan where professional status verification is needed.
b. They seek a new job role requiring proof of previous professional experience.
c. Discrepancies in documentation arise during visa renewal or other administrative processes.
Summary
If an employee finds that the profession on their visa does not match their actual job role, it is crucial to immediately inform their employer and request that the error be corrected. Resolving such discrepancies is not only important for complying with legal requirements but also ensuring the employee's career and financial opportunities. UAE labor laws provide clear guidance for ensuring coordination between employment contracts and visas, thus dealing with the problem is usually a smooth process.
