Failure to register rent contract with Ejari result in fines for tenants from 2012

Registration of rental contracts with the Dubai Land Department (DLD) will soon become a pre-requisite to accessing other government services, according to a top property regulator.

The Land Department and its regulatory body — the Real Estate Regulatory Agency (Rera) — has been trying to implement the system through a registration portal — Ejari.com.

The move will help the government to monitor the property market and offer better insights through its rental index while ensuring all tenants pay their housing fees regularly. Currently, these contracts are processed by the landlords. The rental data fed into the system is used to calculate the housing fees that are included on utility bills.

Registration of residential and commercial lease contracts through Ejari is mandatory and failure to comply may lead to a penalty, Gulf News has learnt. A Dh160 fee is chargeable to register a lease agreement with Ejari. The fee is payable by either party to the agreement.

The Ejari registration will be mandatory to obtain utility services. If the contract is not registered, transactions could be delayed at several government departments, principally the Dubai Economic Department and the Residence and Foreign Affairs Department.

Trends indicated by the Ejari data will be reflected in the rental index and will have a crucial role in updating it. Information about rental levels in specific areas, the demographic base and the kinds of property formats in favour can also be found.

"The decision is effective on every new contract to be signed in 2012; however, Rera is prepared to allow individual tenants with existing contracts to wait until these are due for renewal before seeking registration," Bin Ghulaita added.

"This regulation was announced a year ago and notices were sent out to parties concerned that the new rule would be effective by 2012. The Department will not accept any contract unless it is registered with Ejari."

According to the Rera, the rule applies to landlords and tenants in Dubai, real estate companies entrusted with the management of realty projects on behalf of others, as well as official agents of owners of commercial complexes and shopping centres.

Electronic images of cheques can be used as proof before UAE courts of law

The UAE Central Bank said yesterday that it had obtained a decision by the Ministerial Council for Services to include images of cheques sent to the Central Bank electronically, among tools that are subject to the provisions of Federal Law No. (1) of 2006 concerning electronic transactions and commerce, and as document of proof before the UAE courts of law.

The decision based on the text of Article 2.3 of the law, also said electronic images can be accepted provided that the original cheques are kept with banks for cheque forgery case proceedings, as needed.

"Therefore, it has been decided to stop the sorting and exchange process of physical cheques at the Central Bank in Abu Dhabi and Dubai, starting from 29 February 2012," said a circular sent to all banks operating in the UAE.

Image cheque clearance system (ICCS) member banks have to keep the original cheques deposited with them for collection and stamp them with the following statement, before sending the cheque's images electronically to the Image Cheque Clearing System, said the circular: "True copy of cheque deposited with [xxxx] that undertakes to present it upon request."

The enhancement of the electronic image cheque clearing procedures will cut costs relating to cheque clearing and improve collection time.

The Central Bank also asked all banks to comply with the above requirements, keep the original cheques deposited with them for the legally binding period and present them upon request, starting from February 29.

The Central Bank said it is constantly endeavouring to develop and enhance services provided to banks and other financial institutions operating in the UAE.

Seatbelts mandatory for rear seat passengers in Dubai

The General Department of Traffic of Dubai Police has prepared a new Bill which, once approved, will make it mandatory for rear passengers in vehicles to wear seat belts, according to Arabic dailies this morning.

The proposal says it will be the driver’s responsibility to ensure that all passengers in a vehicle are buckled up, and in the event of failing to do so, the driver may be fined.

Lt. General Engineer Mohammed Saif Al Zaffin said the proposal was made based on accidents in which rear passengers could have avoided injuries or even deaths had they been wearing seatbelts.

He added that the Police found that the risk for children sitting in the back seat doubled because they rarely buckle up, with their parents believing that sitting in the rear would automatically protect them in case of an accident.

He stressed that the draft law imposed on the driver to oblige the passengers sitting in the back seat to harness seat belts, and in case of a failure to do so, he will be subject to violation.

Dubai link residence visas to Emirates Identity Cards from April 1, 2012.

Emirates Identity Authority (Eida) has announced that Dubai will link residence visas to Emirates Identity Cards from April 1, 2012.

ID card link to visas in Dubai will be compulsory from from April next year, said Eida, adding that the procedure will be co-ordination with the General Department of Residency and Naturalisation.

Eida stressed that ID card registration is mandatory for issuing and renewing residence visas in Abu Dhabi, Sharjah, Ajman, Fujairah, Umm Al Quwain and Ras Al Khaimah.

Meanwhile, the authority also said that it will open six more registration centres at the preventive medicine centres this month in Abu Dhabi, Dubai, Ajman, Ras Al Khaimah, according to an 'Al Khaleej' report.

The UAE will have a total of 26 registration centres by the year-end with the new additions. The new centres will be distributed in Ajman and Ras Al Khaimah, while in Dubai they will be located at Al Quoz, Satwa and Jafza. In Abu Dhabi the new centre will be located at Al Jazira.

Eida added that the centre in Al Quoz, Dubai can register about 700 people a day; the one in Satwa can register 1,000 people a day and 250 people can be handled at the Jafza centre.

No job ban for expats on Husband visa

The UAE does not impose a work ban on expatriate employees sponsored by their relatives in case they want to shift to another job, according to the ministry of labour.

A ministry committee discussed several applications for job transfer and exemption of the six-months and one-year ban for some workers at its weekly open-day meeting .

One application was submitted by a female pharmacist who wants to be sponsored by her husband after the pharmacy where she had worked shut down, according to Alkhaleej newspaper.

The committee told the applicant she can get a new job after transferring visa to her husband and obtaining clearance from the former employer, the paper said.

“The committee made clear that the labour law allows a woman sponsored by her husband to shift to another job without having a work ban because a ban is not applicable on those who are sponsored by their relatives.”

Re-Entry certificate to UAE-if absent for 6 months or more

Can I bring my daughter studying in a University in India to UAE even after her stay in India is more than 6 months?
She is having a residence Visa in Abu dhab.
Can she come if she shows her Student ID card.?

Answer:   

No Residence Visa holder is allowed to stay more than six (6) months out of UAE. A Residence Visa holder staying more than six (6) consecutive months out of UAE, his/her Residence Visa will become null and void. However, if the Residence Visa is valid, the client may submit a request for a Re-Entry Permit. Before completing her 6 month stay in India, you must approch the immigration department and submitt application for extending her stay.

Filipino workers returning to Philippines during holiday season advised to secure travel exit clearances from Philippine missions in the UAE

Dubai: As per Gulf news report, Overseas Filipino workers (OFWs) returning to the Philippines during the holiday season are advised to secure travel exit clearances from the Philippine missions in the UAE ahead of their scheduled departure to avoid hassles during their trip, a diplomatic official said.

"They should apply for the overseas employment certificate [OEC] before leaving the UAE to save them time and to avoid hassles and delays at Manila airports," Philippine Labour Attache Nasser Munder told Gulf News.

The OEC or the travel exit clearance is a document that proves that a returning OFW is in the Philippines for a holiday and intends to go back to the same employer abroad. Manila airport officials will not allow OFWs to return to their jobs abroad without the said document.

Task force formed

As the month of December is considered the ‘peak season' for returning OFWs, the Philippine Overseas Employment Administration (POEA) in Manila formed a task force earlier this month in anticipation of the arrival of thousands of OFWs who will spend the holiday season in the country.

OFWs in Manila usually begin queueing at the POEA main office as early as 4 am to get their OECs. Processing could take days and would sometimes need courier service for an additional fee. To avoid the long queues, returning overseas workers may apply for their OECs for a Dh10 fee at the Philippine Overseas Labour Offices in Abu Dhabi and Dubai.

"If the OFW brings all the necessary documents with him, he can get the OEC in a matter of minutes," Munder said.

Presenting an OEC at Manila airports exempts OFWs from paying travel tax and terminal fees, he added.

What you need

·         Photocopy of passport with residence visa stamp.

·         Filled-in application form.

·         Additional documents for domestic helps and private drivers:

·         Copy of employment contract with sponsor's signature.

Immigration Ban in UAE

With the exception of UAE nationals, all other residents require permission from the UAE government to live in  UAE.All non-Emirati require work permits to be employed in Dubai and UAE. They may be subjected to a work visa or entry visa. Ban depending on who they are and what they had been doing when in Dubai or UAE. An immigration ban means you cannot enter the UAE, whether as a visitor or for residency. Other bans can arise if you have been convicted of a criminal offence while in the UAE. Common offences that many expats get into trouble with are bad debts, bounced checks, drinking and driving, drunk in public, inappropriate relationships. Of course, more severe offences such as theft, violence, rape, murder etc will also result in an immigration ban but not so many expats indulge in these activities, and those that do are not usually so surprised to receive a ban.

An immigration ban can also arise if you have broken the rules related to immigration for example entering the country illegally, working without a work permit, absconding (leaving your job without informing your sponsor / employer), overstaying (this last one is not so likely to be a problem, just expensive when you get your overstaying fine).
Criminal offences usually result in a permanent ban and this is monitored via eye-scanning equipment at airports, so losing your passport and getting a new one won't get you back in to the country.

The draft Companies Law approved by His Highness Shaikh Mohammad Bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai

Passing the new companies law, Shaikh Mohammed said move shows the government’s approach to enhance the flexibility and the strength of the national economy to keep pace with global economic changes so as to maintain a steady and balanced growth pattern in all economic sectors in the country.

The new companies’ law is passed as part of the government’s strategic approach to give greater flexibility to set up various types of companies and strengthen corporate governance of joint stock companies. It lays down a general framework for the governance of public companies to guarantee the rights of all shareholders and to ensure transparency and disclosure of financial data as well as the efficiency and integrity of the Board of Directors.

The cabinet also passed an order restructuring the National Authority for Qualifications under the chairmanship of Labour Minister Saqr bin Ghobash Saeed Ghobash and five officials representing various government departments as its members.

The cabinet also passed a law regulating the work of experts in the courts of law in the country. The cabinet also ratified a number of international agreements and budgets of some federal agencies. 

The new companies law is widely expected to  allow foreigners or foreign companies to own 100 per cent of their businesses in the UAE in some sectors. It has been under consideration for several years now

Under the prevailing law, foreign ownership of businesses in the UAE is limited to a maximum 49 per cent as nationals own 51 per cent. The current 49-51-equity law is applicable to all nationalities except those from within the GCC countries. At present, foreigners are given full business ownership rights in free zones across the UAE.

Also in the pipeline is legislation aimed at protecting foreign investments in the UAE.

Analysts believe that such bold reforms will help attract foreign direct investments and big multinationals to the UAE mainland instead of to certain free zones where they are currently confined.

The proposed law on foreign investment will address a key investor concern about protection against contract disputes and other legal issues.

It will further enhance the UAE’s position in the global competitiveness ranking by the World Economic Forum, analysts said. 

 Sultan Al Mansouri, Minister of Economy, said the new companies' law issued by the cabinet today contributes to enhance the competitiveness of the national economy at all local, regional and international levels as well as enhance the performance of the business environment and investment climate in the UAE.

The Minister pointed to the importance of being a new law that keep pace with local and global economic developments and supports the economic openness and diversification policies. He also praised the remarkable cooperation of all federal agencies, local and private sector that have had a major role in expressing opinions and observations that enhanced it content and effectiveness to comply with different needs and economic requirements of the UAE. 

The new law provisions of the law are stated as follow: Develop a general framework for corporate governance that contributes to protecting the rights of shareholders and to achieve transparency and disclosure of financial data and the efficiency and integrity of the Board of Directors.

Entrusted to the Registrar of Companies at the Ministry of Economy to the task of supervising the record of brand names for different types of companies that are registered in any emirate, in order to avoid repetition among them.

Did not identify minimum capital for the companies with limited liability.

Allow the Cabinet to issue a resolution specifying the forms of businesses, activities or groups that may increase the share of foreign partner for 49% of the capital of the company and so may not reduce the ratio after the issuance of that resolution.

Authorized the shares for public subscription on the basis of the price of the security by one of the companies specialized in this field.

Unify standards and accounting principles, which the company must comply with when preparing interim and annual accounts and when determining the distributable profits.

Authorized exception to the priority right to subscribe into new shares to shareholders in the following cases: A. Allocating a proportion of the company's shares to its employees. 

B. Entering a strategic partner in the company.

C. Capitalization of the debt.

12. Allows the co-founders of the public shareholding company to the subscription in shares of not less than (30%) and not more than (70%) of the capital of the company. The new law also reduced the length of time spent in founding companies.

Labour ban still making life tough for workers seeking to change jobs in UAE

Ministry consultant says new rules apply to companies that have closed down or no longer exist
Dubai: Workers have complained that the Ministry of Labour is still asking for approval from sponsors if workers wish to change jobs after two years.

Affected workers pointed to the ministry's earlier reforms to the labour law which did away with the need for a sponsor's approval for employees who have been with their sponsors for two continuous years. The workers complained that they were being slapped with one-year ban for failing to secure such approval.

The labour rules, which were implemented early this year by the Ministry of Labour, allow workers to switch jobs at the end of their employment contracts without the need for a no-objection certificate.

However, Hussain Hussain, a legal consultant at the Ministry of Labour clarified the new rules and said expatriate workers would still receive a one-year ban if they failed to get their sponsor's consent before changing employment.

"No one is allowed to switch jobs even if they complete many years in their [current job], without the consent of their sponsor," Hussain said.

He also said the new law allows workers to change employment in cases such as when the company employing them has closed down and no longer exists.

"But those workers will be given one-year ban if they do not file a complaint at the Ministry in less than two months after the [closure] of their company."

Ahmad Tajul Deen an Indian, employed in Dubai said he been with the same company for six years before the manager fled the country.
"My colleagues and I went to complain at the ministry after we lost hope that the manager would come back," he said.
"That happened three months [after the manager] left the country. The ministry stamped a one-year ban on each worker in the company."
Ameer, an Afghani PRO for a company in Sharjah, said that he went to apply for a visa for a new employee for his company.
Proof of cancellation

"I was told that the approval of the previous employer is required and the previous employer should show at the ministry that the visa has been cancelled, otherwise a one-year ban will be [slapped on] the worker," he said.

He said the ministry had not changed any rules and added that workers still needed approval of the sponsor to change jobs.


    January 1, 2011: New rules allow expatriate workers to seek new employment without a no-objection certificate
    The worker should have served out a two-year contract with the company.
    A worker with an expired contract can obtain a new work permit and shift to another employer without the passing of the six-month period and consent of his sponsor.
    The resolution says new employment permit will only be granted to the worker after the end of his work relationship amicably with his employer.

Dubai to enforce Dh50, 000 fines to end menace of illegal maids- Maids convicted first time deported for a year; Repeat offenders will get jail

Domestic help must be sponsored by their recruiters, according to a top DNRD (Department of Naturalisation and Residency Dubai) official.

Similarly, employers hiring workers who are not on their sponsorships will face Dh50,000 fine, he added.

Judge Ali Humaid bin Khatam, Head, Court of Naturalisation and Residency, said at least 70 per cent cases pending with the departments prosecution involves those of housemaids.

Some of them are also believed to have entered the country illegally and a few others have been overstaying their visa periods.

Out of the 3,478 defendants brought to trial between June and October this year, 2,434 were housemaids. About 1,217 people are on trail for recruiting 'absconding maids', said Bin Khatam.

First-time offenders including absconders will be fined and deported for a year after serving their jail terms. They can return to seek work in the emirate. However, repeated offenders will be permanently deported from the country and can return only with a special permission from the Ministry of Interior.

Citing cases that appeared before the prosecution, Bin Khatam said one case involved an Arab woman who allegedly accused her maid of stealing. Investigations revealed she had hired the help illegally and that she was not under her sponsorship. Therefore, if convicted, the Arab woman would be fined Dh50,000 while the maid would be deported after serving jail term.

Similarly a European was fined Dh50,000 for recruiting an 'illegal' maid who inturn was impriosoned for one month and later deported, he added.

However, there are also cases wherein househelps are exploited by their owners.

Balcony barbecue’ fine fixed at Dh500 --Trakhees Commences Campaign for Misuse of Balconies and Damage to Buildings Facades

Trakhees Community Conformance Division (CCD), Department of Planning & Development – aims to maintain the aesthetic appearance of residential compounds in particular and of Dubai in general. To ensure the commitment of residents in adhering to the rules and regulations applicable within its jurisdiction, CCD has undertaken a comprehensive community-based awareness campaign among all users of these complexes which includes a range of awareness-raising posters and brochures in five languages: Arabic, English, Hindi, Urdu, and Chinese, all containing the following instructions: 

• - Do not install satellite dishes on the facades of buildings and balconies
• - Do not use balconies as places of storage for any purpose other than seasonal furniture
• - Do not shake or hang sheets, clothes or curtains or rugs or mops or laundry on balconies or railings of homes
• - Do not light barbecues on balconies of apartments

The aim of the campaign is to raise awareness in all segments of society, among residents or visitors of these complexes by reaching them in their place of residence. The outcome will be to preserve upscale appearance, which is characteristic of the Emirate of Dubai by reducing the off-putting appearances which adversely impact the overall aesthetics. The fine for misusing your balcony or damaging the façade of the building in Trakhees-supervised residential communities will be Dh500 per offence.

In a statement the authority said initially officers would be warning residents not to misuse their balconies, set up barbecues, or fix any satellite dishes, and those failing to follow the rules will be fined Dh500.

Areas under Trakhees’ supervision, as per Degree No 22, includes, but not limited to Palm Jumeirah, Jumeirah Heights Jumeirah Village, Jumeirah Lakes Tower, Jebel Ali Downtown, International City, Discovery Gardens.

Last week Community Conformance Division (CCD), Department of Planning & Development of Trakhees has informed residents not to fix satellite dishes on the facades or balconies of their buildings; not to use balconies as places of storage for any purpose other than seasonal furniture pieces; not to hang sheets, clothes or curtains or rugs or mops or laundry on balconies or railings of homes and not to have barbecues in their balconies.