A Guide to Employee Background Checks in the UAE

Employee background checks should be an integral part of your hiring process in the UAE. Although not mandatory, they are a common practice, especially in finance, healthcare, education, security, law enforcement, and the public sector.

As a modern hub for business and travel, there are many reasons why businesses might be interested in expanding their footprint into the UAE. While the traditional engines for growth in the country have been oil and gas, new industries like banking, logistics, and real estate are rapidly growing, contributing to a diverse and vibrant economy. Moreover, the workforce is heavily dependent on foreign workers who come to the country for its favorable conditions. 

In this evolving context, background checks are an invaluable tool for businesses to not only ensure they are hiring the best talent but also that potential employees are legally permitted to live and work in the UAE.

In this article, you’ll learn:

• How to run an effective and legal employment screening in the UAE
• What the common types of employee checks are in the UAE
• How to conduct a thorough employee screening, step by step
• What mistakes to avoid when performing a background check in the UAE

Essential information for a background check in the UAE

The UAE does not have a comprehensive privacy law like GDPR in the European Union, but various regulations and decrees, such as the Dubai International Financial Centre (DIFC) Data Protection Law No. 5 of 2020, offer guidance on personal data handling and privacy. Key organizations involved in regulating and facilitating background checks include the Ministry of Human Resources and Emiratisation (MOHRE) and the Dubai Police.

While employee background checks can be performed easily both in-house or through specialized services, at the core of a successful employee background check in the UAE is respect for individual privacy and the unique cultural environment in the country. When it comes to the regulatory landscape around background checks, it's important to stay informed:

• A general right to privacy is enshrined in the UAE Constitution.
• The Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data Protection (or PDPL), is the first federal law addressing data protection in the country, and the source for the regulatory landscape regarding data protection and background checks.
• Even in cases in which background checks are permitted, discrimination based on race, gender, religion, political views, and other protected categories is always strictly prohibited.

Are background checks legal in the UAE?

Yes, background checks are legal in the UAE, provided they are conducted with due regard for the candidate's privacy and in compliance with applicable laws. Employers must obtain consent from the individual for specific checks, and there are restrictions on the type of information that can be collected and processed. Understanding these regulations is crucial for employers to stay within the legal framework.

What types of background checks are illegal in the UAE?

While generally permissible, certain types of background checks are restricted or considered sensitive in the UAE. 

• Conducting a background check without the explicit written consent of the applicant is generally not permitted, though some exceptions do apply.
• Accessing an individual's medical records without explicit consent or for non-relevant reasons is prohibited. 
• Similarly, checking personal financial information like bank statements without a legitimate basis can lead to legal repercussions.

It's also important to understand the difference between a background check and an examination in the UAE, as subtle differences can make the difference between an action being allowed or prohibited. For example, while access to the medical history of a candidate is generally not permitted, potential employees cannot refuse a medical examination as part of the hiring process. Likewise, while a criminal background check requires consent from the candidate, drug and alcohol testing is permitted. 

Common background check industries

• Finance and banking: The banking and financial services market is rapidly growing in the UAE, attracting employees from all over the world. Due to the sensitive nature of transactions in this market, background checks are common for potential candidates.
• Education: Potential employees in the education sector are often screened to ensure their qualifications meet the quality of educational delivery in the country, and to ensure there have been no issues relating to abuse or mistreatment of minors.
• Healthcare: Given the critical nature of healthcare services, employee background checks are common in this sector, to ensure qualifications are confirmed, and that there are no past issues with malpractice or similar liabilities.
• Security and law enforcement: Integrity and trust are crucial in this sector, so background checks are a common practice to ensure candidates meet the standards of the job.

Common checks and less common checks

Background check mistakes to avoid in the UAE

Whether you’re hiring employees or contractors in the UAE, there are a few things you shouldn’t do as an employer when it comes to background checks:

• Neglecting candidate consent: Always obtain explicit consent.
• Overlooking cultural sensitivities: Be mindful of cultural nuances in communication and inquiries.
• Ignoring legal restrictions: Stay updated on and compliant with UAE laws regarding background checks.
• Incomplete verifications: Ensure thoroughness to avoid hiring based on inaccurate information.

Step-by-step guide of employee background checks in the UAE

1. Obtain consent: Secure written consent from the candidate for the background check.
2. Verify identity: Ensure the authenticity of the provided identification documents.
3. Confirm educational credentials: Contact educational institutions directly or use verified services to confirm academic credentials.
4. Verify employment history: Verify previous employment, focusing on roles relevant to the position.
5. Perform criminal record check: Through Dubai Police or relevant authorities, with the candidate’s consent.
6. Perform credit check: For financially sensitive positions, with specific consent.
7. Check references: Contact provided references to gain insights into the candidate’s character and work ethic.
8. Screen social media: Conduct a respectful and relevant review of public profiles.
9. Verify compliance with local laws: Ensure all checks are done in line with UAE regulations.
10. Review data and make a decision: Analyze the collected information to make an informed hiring decision.

Run employee background checks with Deel

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