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
