Q: In the offer letter, I was given a designation as Business Manager. In the MOHRE contract, my designation is showing Sales Executive. Is this procedure legal… A: It is legal to give anybody any skill set as long as they agree. Your skill set will be a reflection of the job title…

Dubai, UAE

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Significance of the job title and designation on labour contract

I had signed an unlimited contract with a Dubai based company.

In the offer letter, I was given a designation as Business Manager with salary AED 30,000/month. However, in the MOHRE contract, my designation is showing Sales Executive having 4th/5th level skill.

When I inquired from them, they told me that the designation in MOHRE contract will not have any adverse effect during my stay in Dubai and they have mentioned 4th/5th level skill in the contract because my certificates ( B Tech ) are not HRD attested ( in India ) and they will not be able to wait for long for this attestation.

My questions are:-

a) Is this procedure legal i.e. getting a person of Engineering degree in 4th/5th level skill set?

b) Will it be possible to change the skill level in MOHRE contract if I get my degree attested by HRD and UAE consulate after I land in Dubai?

c) What are the possible issues that I will face?

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Ahmed Elnaggar

Elnaggar & Partners

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5 Oct 2018, 08:24

Dear questioner,

Kindly note that what you have been informed by your employer is correct. But, you still have the right to rectify your job title and get it stated correctly.

Answering your questions:

A) It is legal to give anybody any skill set as long as they agree. If you have a PhD and you want to work as a taxi driver, your skill set will be a reflection of the job title not what you have of certificates.

B) Yes, you can change at a later stage the job title to show what you agreed of management position once you get your certificates attested as per the MOHRE regulations.

C) You have to be more specific with such a question so I can answer you.

Best regards,

Ahmed Elnaggar

8 Oct 2018, 07:21

Hi Ahmed,

Thanks for your detailed response.

In regards to the question (c), what I meant was following:-

1) Can the employer impose a travel/labour ban ( in case the employer does not agree to terminate agreement ), if I switch to another company after completion probation period?

2) Are the skill levels decided based on education certificates or on job title/salary?

3) Will I face any issue in getting my family over there?

Regards

Ashish

8 Oct 2018, 07:39

1- No he can't. He can impose a labour ban not travel ban.

2- The skill levels are decided based on the job title.

3- Yes, you will if your salary is low or your skill level is unskilled labour. But if your skill is sales or admin, then you can give that your salary is good enough to afford the living of your family members.

8 Oct 2018, 07:53

Thanks for your quick response.

As you said that skill levels are decided based on the job title, I have one follow up question on this.

In my MOHRE contract, my job title is Sales Executive and skill level is mentioned as 4th/5th level.

Isn't this a contradiction as the job title of Sales Executive falls under skill level 3 as per details mentioned in below website.

http://emiratesdiary.com/uae-labour-law-2/skill-level-1-2-3-mol-uae-labour-law

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