Recruitment Of Employees In The UAE: Background Checks

In the wake of the global economic crisis, many employers are reviewing and strengthening their policies in relation to background checks performed on prospective employees during the recruitment process. When performing background checks on a prospective employee, or in establishing a related policy, there are various legal obligations and considerations which an employer must bear in mind, the most important of which are addressed in this article.

Reference checking

The UAE Labour Law places an obligation on employers in the UAE, on the termination of employment, to provide a certificate to an employee (but not to a third party) setting out certain prescribed information, where the employee requests the employer to do so. The information which must be contained in the certificate includes (i) the period of the employment, (ii) the nature of the work performed by the employee during the employment and (iii) details of the employee's remuneration package. It is open to the employee to request such a certificate from his or her ex-employer and provide it to the prospective employer.

Whilst a prospective employer may seek to obtain information regarding an individual from that individual's previous or current employer directly, the latter is, in most cases, under no statutory obligation in the UAE to provide the requested information and may, for a variety of reasons, be unwilling to do so. For example, an employer may decline to provide information relating to an individual where it considers that to do otherwise might result in a breach of its obligations, whether statutory or contractual, to keep certain information confidential.

It is common practice, internationally, for an employer to require a prospective employee to supply contact details for at least two referees who may be contacted and asked to provide a reference. However, it is becoming increasingly common in many jurisdictions for references to include limited factual details only without including more personal information relating to the individual, such as details of remuneration or any comments on the individual's character or performance. Any reference should include an appropriate disclaimer in order to reduce the possible risk of liability on the part of the referee.

Other types of checks

An employer should make background checks in relation to a prospective employee prior to his employment in order to verify his work experience and education. It is worth noting that...