Latest news with #UAEPenalLaw
Khaleej Times
20-05-2025
- Khaleej Times
UAE jobs: Up to 10 years in jail, immediate termination for employees submitting fake documents
Question: I am heading an HR team in a small company in Dubai. Recently, a couple of new employees have submitted fake degrees. Could you please explain how to deal with this situation and what the penalties and fines are for employees submitting forged certificates? Answer: If an employee submits a forged educational certificate, it may be considered a criminal offence under Federal Law by Decree No. (31) of 2021, Promulgating the Crimes and Penalties Law. Article 251 of the UAE Penal Law defines forgery of a document as any act that changes the authenticity of a document through specific methods, with the intent to use it as a valid document, resulting in harm. Forgery includes altering an existing document by adding, deleting, or changing text, numbers, marks, or photographs. It also involves placing a forged or altered signature, seal, or thumbprint on a document. Obtaining someone's signature or seal through fraud or without their knowledge of the document's content is also considered forgery. Additionally, creating a fake document and attributing it to someone else, filling out a blank signed or sealed document without consent, impersonating another person in identity-related documents, or falsifying facts in documents intended to confirm truth all constitute forgery under this law. Furthermore, anyone who forges an official document may be subject to a penalty of imprisonment and/or a fine. This is under Article 252 and Article 253 of the UAE Penal Law, which reads as below: Article 252 of the UAE Penal Law: 'Forgery of an official document shall be punished with imprisonment for a period not exceeding (10) ten years, and forgery of a non-official document shall be punished with incarceration.' Article 253 of the UAE Panel Law:' A penalty of imprisonment for a period not exceeding (5) five years shall be imposed on whoever forges a copy of an official document and such copy has been used, or uses a copy of an official document knowing of its forgery. The penalty shall be incarceration if such copy is of an unofficial document.' Additionally, anyone using a forged document may also be imprisoned and/or fined as mentioned in the aforesaid Article 252 and Article 253 of the UAE Penal Law. This is in accordance with Article 258 of the UAE Penal Law, which states,' Whosoever knowingly uses a forged document shall be punished by the penalty prescribed for the crime of forgery as the case may be. Whosever unlawfully uses or benefits from a genuine document or the copy thereof in the name of another person shall be punished by the same penalty, as the case may be." In the UAE, submitting a fake degree certificate to obtain a job may also be considered fraud or misrepresentation, which may lead to termination under Article 44 (1) of the Federal Decree Law No. 33 of 2021 on the Regulations of the Employment Relations. This article reads as follows: 'The employer may dismiss the employee without notice after conducting a written investigation with him and the dismissal decision shall be in writing and justified and the employer or its representative shall hand it over to the employee in any of the following cases: 1. It is proven that the employee impersonated another person, or submitted forged certificates or documents.' In accordance with the aforementioned, if it is confirmed that your employees have forged their educational certificates you as an employer may explore appropriate measures, which may include disciplinary action, potentially leading to termination of such employees without notice and, reporting the matter to the police. Additionally, you may register a complaint against the said employees with the Ministry of Human Resources and Emiratisation (MoHRE). It is recommended to consult a legal professional in the UAE to ensure any actions taken are compliant with the UAE Laws.
Hi Dubai
13-05-2025
- Hi Dubai
UAE Jobs: Fake Documents Could Mean 10 Years in Jail, Immediate Termination
Question: How should HR professionals in the UAE handle cases where employees submit forged educational certificates, and what legal penalties do such actions carry under UAE law? Answer: Employers in the UAE are legally empowered to take strict action when employees are found to have submitted fake educational degrees — including termination without notice and referral to the authorities. Under the UAE Penal Law and Labour Law, such acts are not just a breach of trust but a serious criminal offense carrying heavy penalties. Forgery of documents is clearly defined and penalized under Federal Law by Decree No. (31) of 2021. Article 251 states that any alteration made to a document with the intent to present it as authentic — whether by changing text, forging signatures, or misrepresenting facts — qualifies as forgery. When it comes to forged official documents, Article 252 of the Penal Law stipulates that offenders may face imprisonment for up to 10 years. If the document is not official, the penalty is incarceration. Further, Article 253 targets those who forge or knowingly use forged copies of official documents, prescribing up to five years in prison. Crucially for HR teams, Article 258 extends these penalties to anyone who knowingly uses a forged document, equating use with the act of forgery itself. That means even if the employee did not create the fake degree, using it to gain employment is enough to trigger criminal liability. On the employment front, Federal Decree Law No. 33 of 2021 empowers employers to take decisive action. Article 44(1) allows dismissal without notice if an employee is found to have impersonated someone or submitted forged documents. This includes degrees used to secure a role fraudulently. For companies, this means that once a forged certificate is confirmed, the employee can be terminated immediately — provided a written investigation is conducted and documented. Additionally, employers are advised to report such cases to the police and can also file a complaint with the Ministry of Human Resources and Emiratisation (MoHRE). In cases like this, seeking legal counsel is recommended to ensure all actions align with UAE laws and protect the company from potential liabilities. Employers also benefit from maintaining clear verification processes during hiring to prevent such incidents from occurring in the first place. News Source: Khaleej Times
