In UAE, employment relationships are built on trust, accuracy of information, and legal compliance. Employees are required to submit authentic documents such as academic qualifications, professional certificates, and identity records when seeking employment. Any deviation from this requirement, particularly through the submission of forged or fake documents, is treated as a serious violation of law.

UAE law adopts a strict stance against such conduct, imposing criminal, civil, and employment-related liabilities. These liabilities arise primarily under Federal Decree-Law No. 31 of 2021 and Federal Decree-Law No. 33 of 2021, which together regulate offences relating to forgery and employment misconduct.

Concept of Forgery Under UAE Law

Forgery, under UAE law, refers to the alteration of truth in a document with the intention of using it as if it were genuine. This includes not only creating false documents but also modifying authentic ones or using fabricated information.

Under Article 251 of UAE Penal Code, forgery may occur through:

  1. Fabrication of a document that never existed
  2. Alteration or tampering with an original document
  3. Forging signatures, seals, or official stamps
  4. Providing false statements in official documents

This broad definition ensures that any employee who submits falsified credentials, whether educational, professional, or personal, falls within the scope of criminal liability.

Criminal Liability for Submission of Fake Documents

Forgery of Official Documents

Where the document submitted is considered an official document (such as a university degree issued by a recognized institution or government-issued certificates), the offence is treated with greater severity.

Under Article 252 of UAE Penal Code, forgery of official documents is punishable by:

  1. Imprisonment which may extend to several years
  2. Additional penalties depending on the seriousness of the offence
Forgery of Non-Official Documents

Forgery of private or non-official documents, such as experience certificates or recommendation letters, also constitutes a criminal offence, though typically subject to comparatively lesser penalties.

Use of Forged Documents

Importantly, liability is not limited to the act of forgery itself. Under Article 258 of UAE Penal Code, any person who knowingly uses a forged document is punished in the same manner as the person who created it. This means that even if an employee did not personally forge the document, merely submitting or relying on it for employment purposes is sufficient to attract criminal liability.

Ancillary Consequences

In addition to imprisonment, courts may impose:

  1. Monetary fines
  2. Confiscation of forged documents
  3. Deportation in the case of expatriates

Forgery is regarded as a crime affecting public trust, and therefore penalties are strictly enforced.

Consequences in Employment

Termination Without Notice

Under Article 44 of UAE Labour Law, an employer has the right to terminate an employee immediately without notice if it is proven that the employee submitted forged documents or assumed a false identity. This provision empowers employers to take swift action where trust is fundamentally breached.

Forfeiture of Employment Benefits

Employees dismissed on grounds of fraud or forgery may lose certain employment entitlements, including:

  1. End-of-service gratuity (subject to circumstances)
  2. Notice period compensation
  3. Other contractual benefits
Ineligibility for Claims

An employee terminated for submitting fake documents:

  1. Cannot claim arbitrary dismissal
  2. Cannot seek compensation for wrongful termination

The law does not protect employees who secure employment through deception.

Civil Liability and Compensation

Beyond criminal and employment consequences, employees may also face civil liability. If an employer suffers financial loss or reputational damage due to reliance on false documents, the employee may be held liable to compensate for such losses. Civil claims may include:

  1. Recovery of salary or benefits obtained fraudulently
  2. Damages for losses caused to the employer
  3. Compensation for reputational harm

Such claims are typically pursued before civil courts alongside or following criminal proceedings.

Immigration and Administrative Consequences

For non-UAE nationals, the consequences extend further into immigration law. Submitting fake documents may result in:

  1. Cancellation of employment visa
  2. Deportation from UAE
  3. Blacklisting and employment bans

These measures significantly impact the individual’s ability to return to or work within the UAE in the future.

Employer’s Right to Initiate Legal Action

Employers are not limited to internal disciplinary measures. They have the legal right to:

  1. File a criminal complaint with the police
  2. Report the matter to the Public Prosecution
  3. Notify the Ministry of Human Resources and Emiratisation (MoHRE)

Once reported, the matter becomes a criminal case, and the authorities assume control over prosecution.

Conclusion

UAE law establishes a strict and uncompromising approach toward employees who submit fake documents. The consequences are multi-dimensional, encompassing criminal punishment, employment termination, civil liability, and immigration sanctions.

Employees must therefore ensure that all documents submitted during recruitment and employment are genuine and verifiable. Any attempt to misrepresent credentials not only jeopardizes employment but also exposes the individual to severe legal consequences.

At Ayesha Al Dhaheri Advocates and Legal Consultants, we provide expert legal support to employers and employees in labour disputes, appeal matters, and UAE labour law compliance with clarity and professionalism.