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.

Public and private sector to be closed from December 1-3

The Ministries and public institutions will close on Thursday, December 01, 2011, and resume on Sunday, December 4, according to the circular issued on Friday by Humaid Al Qattami, Minister of Education and Chairman of the Federal Authority for Government Human Resources.

According to the circular, the Islamic New Hijri Year 1433 holiday has been moved to Thursday, December 1, as it coincides with the National Day holiday from December 2  to December 3, 2011.

Al Qattami congratulated President His Highness Sheikh Khalifa bin Zayed Al Nahyan; His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai; Members of Supreme Council, Their Highnesses Rulers of emirates, UAE people, Arab and Muslim countries, on advent of the new Hijri Year and UAE National Day anniversary.

Holidays for private sector

Next Thursday,  December 1, 2011 will be a paid holiday for all workers of the UAE's private sector to mark the Islamic New Hijri Year 1433, the Ministry of Labour said in a statement.

The New Hijri year holiday was moved by the Ministry to next Thursday - December 1.

Next Saturday December 3, 2011 was also announced by the Ministry as a paid holiday for all workers of the UAE's private sector in celebration of the 40th anniversary of the UAE's National Day, according to the Ministry's statement.

The Ministry extended greetings and best wishes to President His Highness Sheikh Khalifa bin Zayed Al Nahyan, His HIghness Sheikh Mohammed bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai; Members of Supreme Council, Their Highnesses the Rulers of the emirates, the UAE People and Arab and Muslim countries, on advent of the new Hijri Year and the occasion of the UAE national day.

Bank holiday

Banks will close their branches on Thursday, December 1, 2011, to mark the 40th anniversary of the UAE National Day as well as the New Islamic Hijri year, the Central Bank of the UAE announced in a notice.

"Banks are required to ensure that their ATMs are properly stocked with cash at all times," the Central Bank's notice said

Consumer Rights in Dubai and UAE

The Consumer Rights Division of the Department of Economic Development promotes consumer rights and fair trading in Dubai by:

providing information and advice to consumers and retailer / sellers about their rights and responsibilities;

helping consumers resolve disputes with retailer / sellers;

investigating complaints about unfair trading practices;

regulating business activities

The Dubai DED is the only government department dedicated to raising awareness of consumers' and retailers' rights and responsibilities and through the Commercial Compliance and Consumer Protection Division, the Department will also deal with any relevant disputes.

To raise awareness of the Consumer Rights Federal Law (24) 2006 published BLUE BOOK

Consumer Code of Rights

1. Goods must meet a level of quality and performance that would be reasonable to expect, given their price and specifications.

2. Goods must be suitable for the purpose that the seller conveys to the consumer, and match the description given to the consumer

3. Services must be carried out with due care and skill

4. Materials used in connection with a service should meet customer requirements

5. Consumers have rights to remedies in the case that there are problems with goods or services provided:

    Repairs, replacements and refunds depending on the nature of goods

    Having services supplied again or refund its value if cannot be done again.

Consumer Rights Responsibilities

1. Understand product warrantees, guarantees, origin, storage, expiry and the method of use prior to making a purchase

2. Request a receipt from the seller and ensure that the details on the receipt are correct. Receipts should be kept for your records.

3. For products with an extended lifespan, ensure that you understand the details of the after-sale services and warrantees.

Consumer Rights as stated in Consumer Protection Law No. (24) 2006

The Right to Safety:

To be protected from products, production processes and services that may cause harm to health and safety

The Right to Know:

To know the accurate information concerning the goods and services (ex: original products, for food to mention expiry date & ingredients, others).

The Right to Choose:

Right to have multiple options of items and services in competitive prices and quality

The Right to Representation:

The right to express opinions to develop the goods, services, prices and availability

The Right to Be Informed:

Acquisition of knowledge and skill and awareness of consumer rights and responsibilities through continuous awareness programs

Retailer Service Provider Responsibilities

    Avoid misleading advertising and provide consumers accurate information about their rights.

    Policies regarding refunds, replacement, repair or rework for defective or damaged products and/or incomplete services should be clear.

    Goods and services should be presented with clear information in Arabic and any other language in addition to displaying prices in UAE currency (Dirham).

    All consumers should be provided with a dated detailed receipt.

    Sellers of used or repaired goods should label the product condition visibly and clearly.

    Offer products with valid guarantees and warrantees.

    Services providers have to guarantee service quality for a period of time. If services are not carried out with due care, the service must to be provided again for free or refunded.

    Ensure that employee’s knowledge is compatible with the range of products and services offered.

Shopping Advice:Before You Buy Goods Services

    Think carefully about what you are buying and how you are going to use it.

    Research retailers who hold the item / product that you are interested to buy;

    Evaluate the various options for price, quality and how they meet your needs;

    Shop around and get at least three quotes or prices. Not only do you get to compare value, but you also learn about different products, quality, after sales service and what suits you.

    Ask for advice if you´re not sure.

    Evaluate the various retailers to establish their consumer rights policy for returns, defects and refunds.

At The Sale

    Ask the retailer to explain the product, warrantees, guarantees, origin, storage instructions, expiry and the method of use whilst at the outlet.

    Do not be pressured into buying if you are not ready.

    When purchasing products you should be given the same price if paying by cash or credit card.

    When paying for goods ensure you collect and keep the receipt and check that the details are correct prior to leaving the outlet.

    Where applicable collect and check the details of any warranties and guarantees and ensure they are correct before leaving the outlet.

    Inspect the goods carefully at the retail outlet or immediately when arriving home .

    Make sure the receipt contains the retailer details and a detailed description of the goods purchased, date and price.

    Keep all invoices, warranties, receipts and invoices. You may need them later on !

After You Have Bought Goods And Services

    If the goods are damaged or not to your specification then do not accept them and call / visit the retailer as soon as possible.

    Please try and explain the issue to the retailer and where possible explain the defect in detail and ensure that you take all documentation ( original receipt and guarantees ) with you.

    Allow the retailer the opportunity to resolve the issue.

    If you are not satisfied with the retailer’s response please contact the consumer protection section at DeD.

    If you have been misled and the product you purchased is not what you asked for then please contact the retailer and allow them the opportunity to resolve the issue.

Steps to help you resolve your issue

Consumer Rights provides a service to help you to resolve your complaints with retailer / sellers or businesses in Dubai.

If we believe the retailer / seller has acted inappropriately, you can lodge a complaint with us and we will follow our normal complaint handling processes to try to resolve the complaint. It is in your interests to shop with retailers and service providers who display the ´we support consumer rights´ stickers as they are following the Federal Law and will be aware of their rights and responsibilities.

Consumer Complaint Checklist

You may find the Consumer Complaint Checklist useful for checking off what records you need to keep and for useful tips on getting you through each step. Please contact us if you just want to make an enquiry or you need any assistance.

These four steps may help you resolve your problem with a shop or business:

1, Know your rights and responsibilities Find out about your rights and responsibilities. Before you go back to the shop or business, it´s helpful to know where you stand legally. You may have more rights than you think or the shop or business may be within their rights. Knowing where you stand can help you argue your case.

2, Talk to the shop or business involved Sometimes a problem can be sorted out most effectively and efficiently just by sitting down together and talking things over. Keep a list of the phone calls you have made and the people you have spoken to.

3, Put it in writing If talking it over doesn´t work, put it in writing. This will be useful if you need to take further action.

4, Make a formal complaint if your problem still isn´t resolved after following steps 1,2 and 3, you can contact Consumer Rights to make a formal complaint.

Talk to the retailer / seller

In most cases an issue with a business or retailer / seller can be resolved pretty quickly just by explaining the situation and offering a mutually acceptable solution.

Tips on how to approach the situation:

    Talk it over with an appropriate person in the organisation, for example the owner, a local manager or the customer relations manager.

    Take note of who you speak to and when, in case you need to make a formal complaint later.

    State your problem calmly, saying who you were dealing with and explaining clearly what happened.

    Let them know what you want them to do, for example, replace the item, refund your money, or rectify the fault. Listen to what they have to say. They may be able to suggest a solution you hadn´t thought of that resolves the situation to your satisfaction.

    Give them a reasonable amount of time to fix the problem.

    Talk to them about when the problem may be fixed. Agree on an acceptable date and make sure you both understand what will happen by when.

    Give them your contact details so they can contact you if necessary.

    Be polite and treat them as a professional.

Putting it in writing

If you haven´t resolved your issue with a phone call or visit, follow-up with a letter

Provide details about the issue and your attempts to resolve it.

    Quote your reference, agreement or account number if you have one.

    Enclose a copy of any receipt, proof of purchase or any other relevant documents.

    Don´t send originals.

    Keep a copy of your letter.

    Check you have the correct name and address.

How It Works

Consumer Protection will contact each person involved in the dispute to try and find a satisfactory resolution. While the aim is to resolve most complaints within 30 days, this isn´t always possible if the issue is complicated or there is a lack of co-operation.

If the complaint isn't resolved

If a mutual agreement is not possible, Consumer Rights will advise both parties of their recommendation based on the Federal Law. Should the Buyer be acting outside of their rights as per the Federal Law, they will be advised to drop the case based on Federal Law Directives which will be explained to them in detail.

Should the buyer be acting within their rights as per the Federal Law the seller will be requested to resolve the dispute with clear details of why the case is valid. Should the seller / retailer not comply with the original recommendation from DED a company representative will be requested to visit DED to discuss the matter and to resolve the case.

What if the law has been broken ?

In this case, Consumer Protection will inform the shop or business and try to remedy the situation. Where appropriate legal action may be taken e.g. in cases of fraud or where retailers knowingly sell counterfeit goods. This will help to resolve your dispute and also help to prevent future problems for other consumers.

How to contact us

There are several ways in which you can register a complaint at DED, these include telephone, fax, email, website or a personal visit to DeD consumer protection division.

In all instances you will be expected to provide your name and contact details, full details of the retailer / service provider and a description of the case to be lodged. You should ensure that all supporting documents related to the case are with you at the time of lodging your complaint.

The Consumer Protection division will provide you with a unique case number which should be quoted when enquiring about the progress of your case which we will seek to resolve within 2 working days.

Call ´Ahlan Dubai´ +971 600 545555

Fax +971 4 450 3996

Email consumerrights@dubaided.gov.ae

Pregnant staff can get 15 days off before delivery

Fatwa says any sick leave taken before that date should not be included; Maternity leave must be 60 days with full salary
Pregnant female workers in the UAE are entitled for 15 days off before delivery and any sick leave taken before that date should not be included, according to a the country’s top Islamic legislation body.

The Fatwa and Legislation Department at the Ministry of Justice was responding to a query by a government institution on whether sick leave  taken by a pregnant female employee should be included in her pre-delivery leave.

“The maternity leave must remain at 60 days with full salary for two months and the pregnant employee is entitled for a pre-delivery leave of a period not exceeding 15 days,” the Department said in a new fatwa (Islamic edict).

“A sick leave taken by pregnant women must not exceed one week and must be approved by an authorised doctor…this period should not be included in the pre-delivery 15-day leave for pregnant employees.”

If sick during annual leave, you get extra days off

Employees falling ill during their annual leave must be compensated for the duration of the sick leave given to them by authorised doctors, according to a new fatwa (Islamic ruling) in the UAE.

The Fatwa centre at the Ministry of Justice issued the new edict in response to a query by a local government department about a female employee who was given a 26-day annual leave, during which she fell ill.

The department said the employee presented a medical report showing that she had received treatment for 20 days during her annual leave and that she asked the department to compensate her for the sick leave days.

“A sick leave and a normal leave should not be linked…in case the sick leave happens during the normal leave, then it must be considered as a sick leave, which must be deducted from the normal leave.”

Companies can take dispute cases to Dubai International Financial Centre ( DIFC) courts

Dubai: Companies will now be able to choose to have dispute cases heard in English common law courts.
A new law will allow businesses from Dubai and across the Gulf to use the courts of the Dubai International Financial Centre (DIFC), meaning that they can avoid the backlog that has plagued Dubai's traditional civil courts.
The move, which has been welcomed by both lawyers and local businesses, is likely to boost the workload at the DIFC, lawyers say, as companies are drawn to the opportunity to be awarded costs — an option not available in civil cases.
Major impact
But experts also point out that it will be some time before the law, signed by His Highness Shaikh Mohammad Bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai yesterday, has a major impact on the DIFC courts.
The option to choose the jurisdiction of the DIFC will have to be written in new contracts, except in cases where the parties in existing disputes agree to have the case heard outside of the civil courts.
Nonetheless, lawyers were upbeat about the news last night.
Positive thing
"It's a positive thing and will be viewed positively by quite a lot of the international companies doing business in this region," Alec Emmerson, a consultant at Clyde and Company, told Gulf News.
Justice Sir David Steel, Associate Judge of the DIFC, said that the importance of the law was to give potential litigants the option of choosing civil or common law courts.
"It's a question of whether the initial participants in the dispute are enthusiastic about going to the Dubai courts or whether they would prefer to go the common law court," he said.
Steel added that while the ruling may eventually see an increase in cases before the DIFC, he did not anticipate a need for more resources.
"We will play it by ear," he said.

Eid holidays start from November 5 for private sector

Private sector employees will get a break from Saturday until Monday (November 5-7), according to the circular issued today by the UAE Ministry of Labour.

The circular issued today by Saqr Ghobash, Minister of Labour, stated that the official holiday covers private sector corporations and firms in the UAE. Employees of the private sector will get a paid Eid Al Adha holiday from Saturday to Monday.

He congratulated President His Highness Sheikh Khalifa bin Zayed Al Nahyan, His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai, and Members of Supreme Council, Their Highnesses Rulers of emirates, UAE people, Arab and Muslim countries, on advent of Eid Al Adha.

Public sector holiday until November 8

Ministries and federal institutions across the UAE will observe Eid Al Adha holidays starting from Saturday 5th until Tuesday 8th November 2011.