‘Rental Increase Calculator’ on the Dubai Land Department-operated portal to help Tenants

Dubai: Tenants in Dubai can have an instant update on where they stand vis-à-vis the new rental decree by inputting their lease details into the ‘Rental Increase Calculator’ on the Dubai Land Department-operated portal. Doing so will let you know immediately whether you are liable to pay a higher rental during the lease renewal and how much landlords are eligible to demand as per the strict range set by the decree.

The average rentals for all the key residential neighbourhoods are provided, which will be updated to ensure they are in sync with the prevailing asking rates. It will also tell you that the landlord has no right to demand an increase in the current renewal if what you are paying now is within 10 per cent of the average rental for that area. What the decree does is lessen the imbalance in the tenant-landlord relationship, which in this market has historically weighed in favour of the latter.

“This decree will further boost the real estate sector by introducing great deal of transparency and clarity to the tenant-owner relationship which will pay off to all stakeholders involved,” said Tanzeel Gader, CEO of Flash Properties.

Also, just as important going forward, Dubai also does not want to be saddled with a reputation of being a costly place to do business from. The latest semi-annual report from CBRE places the emirate’s commercial realty as being the 23rd most expensive in the world.

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If the increases continue, and it will as the buzz gets heavier with all the Expo 2020 preparatory works, Dubai wants to make sure that it will be confined to set ranges that can also be monitored. This is why the decree is as much about Dubai residential space as it will be about its expanding commercial realty.

His Highness Sheikh Mohammed issues new decree on Dubai rental increases

In his capacity as the Ruler of Dubai, Vice-President and Prime Minister of the UAE, His Highness Sheikh Mohammed bin Rashid Al Maktoum has issued Decree No. 43 of 2013 concerning the percentages of maximum property rent increase that are allowed upon the renewal of tenancy contracts.

The Decree states that there should not be any rent increase if the rent of the property unit is less than 10 per cent of the average rent of a similar property in the same residential area. If the rent value is between 11 and 20 per cent less than the average rent of a similar property, the maximum rent increase shall be equal to 5 per cent of the rent value.

Additionally, if the rental value of a unit is between 21 and 30 per cent less than the average rent of a similar unit, the maximum rent increase shall be equal to 10 per cent of the rental value.

If the rental value of a property is between 31 and 40 per cent less than the average rental of a similar property, the maximum rent increase shall be equal to 15 per cent of the rental value. A maximum rent increase of 20 per cent is applicable if the rental value of a property unit is less than 40 per cent or more of the average rent of a similar unit.

The Decree applies to landlords from the public and private sectors in the emirate of Dubai including private development areas and free zones.

Article III of the Decree states that the average similar rental value of the property is determined by the Real Estate Regulatory Agency's (Rera) rent index.

The Decree is effective from the date of issuance and shall be published in the Official Gazette.

Annual leave not taken to be paid in cash if employee leaves company -Dubai court issues new ruling.

The Dubai Court of Cassation has established a new legal principle with regards entitlement of annual leave balance of employees.

Employees are entitled to avail cash allowance for balance of annul leave only on two conditions:

First, if the office required the employee to work during his annual leave and could not carry forward the balance leave to the following year.

Secondly, if the employee is required to leave the workplace after the notice period or if the employer terminated the worker without giving the leave due to him.

The court also ruled that the end-of-service gratuity mentioned in the fixed-term contract should be paid fully to the worker if he decides to resign after completing five years in service.

Similarly, employees whose service at least more than one year at the time of resignation are entitled to a-third of end-of-the-service benefits.

The court issued the principles in a case where the employee did not receive vacation allowance as the person had left work without serving a notice period.

A director of a company filed a lawsuit in the labour court in Dubai against his company, demanding the firm pay him dues of Dh765,000 – which included his annual leave allowance for the last two years and end-of-service gratuity.

The court ruled that the employee is eligible for cash allowance for balance annual leave for the last two years and that the person is eligible to receive the full amount of the end-of-service gratuity as he spent 6 years and 4 months in service at the company.

Earlier, the Court of First Instance had dismissed the case and the plaintiff appealed before the Court of Appeal, which ruled in his favour. The Appeals Court ordered the company to pay him Dh347,000 – in cash allowance for annual leave and full end-of-service gratuity.

The company then challenged the ruling before the Court of Cassation.

The court based its ruling to the provisions of Articles 78 and 79 of the Federal Labour Law No. 8 of 1980.

The court said in the reasons for its judgment that the employer had failed to prove that the plaintiff got his dues.

Dubai Health Authority announces mandatory health insurance cover roll-out plan

Dubai: Companies of varying sizes were issued deadlines on Tuesday by the Dubai Health Authority (DHA) to meet mandatory health insurance coverage laws starting in 2014.

Following a meeting between the DHA and health insurance companies in Dubai on Tuesday, a new timetable offers deadlines for three categories of companies based upon the number of employees on their payroll — larger companies with wider profit margins will be required to ensure complete insurance coverage sooner while smaller companies will have until mid-2016 to meet the call.

Companies with more than 1,000 employees, for example, must insure all of its workers by October 2014.

The new Health Insurance Law was approved by His Highness Shaikh Mohammad Bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai.

Eisa Al Maidour, director-general of the DHA, said in a statement on Tuesday that the “health insurance mandate will provide a significant boost to the health insurance industry, it will attract investment in the health care sector and will generate healthy competition between providers as well as health facilities. This only means further improvement in the quality of health services as well as more health care options and competitive premium prices. The mandate will benefit all the stakeholders concerned — this includes insurance providers, health care facilities and most importantly, patients.

Aim of the law.Timetable offers deadlines for three types of companies based on the number of employees on their payroll
The new Health Insurance Law was approved by His Highness Shaikh Mohammad Bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai.
Aim of the law
Our aim is to provide everyone in Dubai with access to essential health cover and to empower them by providing them with the right to choose their health provider within the private or public sector,” Al Maidour said.

According to the new timetable’s Phase 1, companies with more than 1,000 employees will be required by the end of October 2014 to “ensure every employee/dependent has insurance coverage by the stipulated deadline.”

In the second phase of the plan, companies with 100-999 employees must implement full health insurance coverage by July 2016.

Under a third phase, companies with less than 100 employees have until June 2016 to arrange for complete insurance coverage.

The DHA timetable demands that spouses and dependents as well as domestic workers must also be fully insured for basic health coverage by June 2016.

Visa renewal

When it goes into force, the new law will ensure that no work or residence visa will be renewed without a health insurance cover.

David Hedley, CEO of Mediclinic Middle East which runs the Mediclinic City and Welcare Hospitals, said earlier that this “is a giant leap forward for Dubai as everyone will have access to affordable and quality health care. I congratulate the government on its bold step and I am confident the insurance system will be implemented successfully.”

Dr Ahyam Refaat, founder of health care consultant Accumed PM, said in an earlier interview that the “long-awaited legislation is a step in the right direction. It will add to Dubai’s growth and public health and safety.”

Insurers need DHA permit

Meanwhile, the DHA said it will soon be issuing a list of approved health insurers who have applied for and received a permit to offer services in Dubai.

All health care providers will need to obtain a health insurance permit so that they are eligible to provide insurance cover in Dubai, Al Maidour said.

“In order to ensure we have the very best insurance companies on board, the DHA has laid out a set of criteria that all insurance companies need to adhere to, so that they are eligible to receive a health insurance permit, which is mandatory for companies that want to provide a health cover to anyone in Dubai.”

Dr Haider Al Yousuf, director of health, said: “Insurance companies interested in providing the essential health benefits [EHB] package to resident employees with salaries below Dh4,000 will have to undergo further qualifying criteria to ascertain their ability to provide an insurance package at an affordable rate. The premium for this package will range between Dh500-700 per person per year.”

He added that the package will cover all essential health services. “This package will cover emergency care, access to general physician [GP]/family physicians, referral to specialists, tests and investigations, surgical procedures and maternity care. All the necessary health requirements will be covered by this package. Therefore, once the mandatory health insurance is rolled out, people across the board will see the immediate benefits of the system.”

Cost for employers

Al Yousuf said that for employers, this will provide a minimum impact in terms of cost. “On average, health insurance costs 1.5 per cent of the monthly salary. For example, if an employer pays Dh10,000 per month in salaries, if he adds Dh150 per month, it covers the cost of health insurance. This is a minimum impact, adequate benefit plan; clearly, the benefits outweigh the minimum costs involved. The scheme protects both employers and employees from unforeseen health care costs that can arise out of an illness or an emergency.”

He said that as per the law, companies are liable to cover their employees only but the DHA encourages companies to cover the dependents of their employees as well. “It is a known fact that covering dependents of employees directly leads to greater employee satisfaction and better productivity.”

Health insurance made mandatory for all citizens in Dubai

The long-anticipated health insurance law of Dubai has been approved. From next year, health insurance will be mandatory for all citizens, residents and visitors to Dubai.

His Highness Sheikh Mohammad bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and Ruler of Dubai, yesterday approved the Health Insurance Law which stipulates rules and regulations for all parties involved in provision and implementation of health insurance in the emirate.

The fundamental basis of the law is to ensure that every national, resident and visitor in Dubai has essential health insurance coverage and access to essential health services.

“The law is fundamental to ensure smooth delivery of essential health insurance to everyone living in the Emirate, which roughly means over three million people, including nationals and residents with Dubai visas,” said Issa Al Maidoor, Director General of the Dubai Health Authority (DHA).

“It will not be possible to be in the emirate without health insurance. Residents will not get a visa without health insurance,” he added.The law stipulates the roles and responsibilities of all the stakeholders involved in the provision and implementation of health insurance.

While the government will be responsible for health insurance of UAE national, employers will be responsible for all their employees. Domestic workers will not be excluded from this scheme, the DHA emphasised.

Spouses of residents in Dubai must be insured by the sponsor of the spouse and not by the employer of the sponsor.  Visitors to Dubai will get health insurance upon entering the country.  Two million people are currently not insured, according to DHA estimates.

“We would like to thank Sheikh Mohammed and we are committed to fulfill his vision and ensure that every individual in Dubai has access to essential health coverage. Health insurance is a form of security and it is important for every individual to know that if he needs access to healthcare, it is easily available,” said Al Maidoor.Essential health coverage means insurance that ensures access to basic healthcare. At the same time, it should not put a burden on the employer, explained Haidar Al Yousuf, Director of Health Funding at the DHA.

Although emergency  and surgical services and maternity care will be included in the basic package, dentistry will not be on the list of essential health care services. “It is a smartly designed package, providing for basic services. Obviously, it does not include luxury services like cosmetic treatment. It provides the patient with basic needs,” Al Yousuf said.

Preventive health care, which has been the blind spot of health insurance, is not part of the basic package, but this is likely to change with the introduction of this law.

“We definitely encourage more and more preventive care to be provided by insurance companies. As the insurance market becomes more mature, companies are expected to stay with insurance companies longer. Insurance companies may then feel comfortable to provide preventive benefits,” said Al Yousuf.

Insurance companies will be permitted to offer competitive packages, with an expected average price tag of Dh600. Companies may also offer varying co-payment possibilities.  However, there is a minimum requirement for the co-payment cap, explains Al Yousuf.

“The co-payment cap is the maximum amount that the patient pays out of the pocket. Anything above this amount should be paid by the insurance company. The minimum requirements of this cap have been made clear to the insurance companies. Currently, there are more than 40 insurance companies approved by the DHA, and the details of the basic packages have already been communicated with these companies. They will be announcing their packages soon,” the DHA said.

Sustainable health care

The health insurance law rests on two pillars. Apart from providing residents with access to basic healthcare, it develops an effective and sustainable health financing system, says the DHA .

“Depending on the insurance companies’ policies, health care will be available at public as well as private hospitals. Public hospitals will act as private hospitals in providing health care to insured patients. The idea is that patients are not bound by financial considerations when selecting the health care of their choice. They will be able to select the services they find most attractive,” explained Al Yousuf.

“We looked at some of the worlds’ best practices and some regionally applied systems. Of course we want the best health care system. What is unique about this law is that it does not only provide access to health care services, but it also ensures quality of these services.

“All parties will be encouraged to perform slightly better, and the results of this will be published. This transparency will guarantee that the focus of health care is on quality, and not only on price,” he added.

The law will go into effect 60 days after signing of the law, but the implementation is expected to be done over a period of two and a half years in phases.  All parties will be expected to comply with the law within a year.

Though details of insurance responsibilities are to be announced to the public soon, some highlights were announced by the DHA on Tuesday.

Residents

For residents in Dubai, the law stipulates the responsibility of the employer to provide with the minimum of a basic health insurance package based on their current health insurance policy.

In doing so, the company must bear the full costs of the procedure and these costs may not be deducted from the beneficiaries.  It is expected that of the total amount spent on salaries, 1.5 per cent will be spent on the insurance scheme providing the basic health insurance coverage, explained Al Yousuf.

As the insurance coverage is linked to residency, companies are obliged to show sufficient evidence of insurance coverage when residence visa are to be renewed.

The insurance contract may not always cover the same period as the residency period. If it happens that due to this the employee is not covered by health insurance and medical treatment is required, the company must bear the full costs of the healthcare services provided.

UAE nationals

UAE nationals will receive insurance cards to replace the existing Dubai Health Authority (DHA) health cards that provide coverage for healthcare services and preventive care. “They will continue to have access to all current healthcare services provided by the DHA and various private healthcare providers,” said Al Yousuf.

Visitors

On entering Dubai, the visitor will be required to purchase health insurance. “The costs of this health insurance package will be very low, covering only emergency cases,” said Al Yousuf.

The costs of this health insurance coverage will be included in the costs of a visa, explained Al Maidoor. “We do not want to duplicate the procedure, we want to simplify it,” he said.

Violations

Violators of the Health Insurance Law  will be fined a minimum of Dh500 and a maximum of Dh150,000. If the violator repeats the violation in the same year, the fine will be doubled, although the fine may not exceed Dh50,000.  In addition to the fine, the DHA may issue a warning and suspend the company’s health insurance activities within the emirate for not more than two years, or cancel the health insurance permit. The violation may also result in civil or criminal cases.

Complete your property transaction in Dubai within 12 minutes-Developers get authority from Land department

Dubai developers will now be able to register property transactions and complete them in mere 12 minutes compared to seven days required previously.Dubai Land Department (DLD) tweeted, saying, “The LD has granted developers the authority to register property transactions. However, the department will carry the auditing process and issue the contracts.”

The department added: “Now your transaction can be completed in just 12 minutes instead of 7 days.”

According to DLD, it has successfully achieved a “new” record in saving the client’s effort and time, achieving its objective of offering client satisfaction, transparent transactions and internationally premium real estate services.Real estate agents say these are primary market transactions between the first purchaser and developer.

Already in July, DLD had launched “registration trustees” service for the secondary market sales, allowing customers to complete transactions outside official working hours through licensed legal offices. The service, however, costs Dh4,000 per transaction.

The department also got a pat on its back when World Bank’s 2013 Doing Business Index ranked it has the fourth best in the world for ease of real estate and property registration. A year back, it was placed at number 12 globally by the same index.

DLD Director-General Sultan Butti bin Mejren said in September that total property transactions crossed Dh162 billion in the first nine months of 2013 compared to Dh90bn same period last year.

Dubai raised registration fee from 2 per cent to 4 per cent of the property value from October 6 aimed at eliminating speculators and controlling price volatility.

Abu Dhabi scraps five per cent rent cap

Abu Dhabi has removed the annual five per cent cap on rent increases, according to a resolution issued on Thursday.
The resolution issued by the Abu Dhabi Executive Council annuls the yearly rent increase and rent contract extensions from November 10, a WAM report said.
Analysts say the rents will now be determined by the market forces and the location and the neighbourhood of the buildings.
The change in rental laws comes as the property market in the capital has picked up pace.

New residence visa rules in UAE -Dh20,000 salary must to sponsor parents

The new ruling requires applicants to provide evidence of either having a minumum salary of Dh20,000 or a monthly pay of Dh19,000 plus a two-bedroom accommodation. The development has left many long-term residents here at their wits’ end.
Earlier rules
According to earlier rules (in place until a few weeks ago), someone able to provide proof of a monthly salary of Dh10,000 or Dh9,000 per month plus accommodation should have been able to sponsor either set of parents on a permanent basis
The minimum salary seems to be the only clause updated by the Ministry of Interior’s General Directorate of Residency and Foreigners Affairs in the new list of pre-requisites for those seeking to obtain long-term stay for their parents under ‘Humanitarian Cases’.
A Dubai Naturalisation and Residency Department (DNRD) official confirmed this .
Residents wanting to sponsor their parents must also furnish proof that they are living in a an apartment that has a minumum of two bedrooms.The tenancy contract should be officially attested. Similarly, the labour contract bearing proof of salary must be attested by the Ministry of Labour.
An applicant must also pay a deposit of Dh2,000 per parent after seeking approval for sponsorship from the special committee that handles such cases.As in the past, expats must also provide documents to prove that their parents are entirely dependent on them and that there is no one to take care of them back home.

This has to be certified by a letter from the embassy or consulate of the applicant’s home country.It’s not immediately clear how the new rule will impact expats whose parents are already in the UAE on residence visas.

Get Dubai immigration token sitting at home - The General Directorate of Residency and Foreigners Affairs – Dubai and Du signed MOU

No more do you have to wait in long queues at the Department of Immigration and Naturalisation in Dubai as 'smart queuing' will become a reality.

The General Directorate of Residency and Foreigners Affairs – Dubai and Du signed a Memorandum of Understanding (MoU) during the Gitex Technology Week 2013, to develop a smart app, among other areas, to simply a visit to the Directorate.
Smart queuing will be realised through time slots that can be booked by people who plan to visit the Directorate.
In order to get a token, you must select the purpose for which you plan to visit the Department, explained an official. Based on the number of people who have booked a time slot before you, you will be given a timeslot during which you are expected to visit the Department.
The timeslot can only be given on the same day of the request, and a new smart queue will be formed every day.
"This means you should be able to come to the Department on the same day, otherwise you should not book the time slot," said the official.

"We already have a queuing system in place, but the app enables customers to get a token for the queue online," explains Colonel Khalid Nasser Al Razooqi, General Director of the E-services Sector.

"The estimated time slot is based on the calculation of the average time each request is handled with. This is different for each service required, but it is never longer than 3 minutes."

Apart from the token, a general list of requirements will be provided based on the request, which will help customers prepare better for their visit to the Department.

The same information is available on the website, and customers can call the customer service desk to inquire about the required documents if they are not sure, said the Colonel.

“We are proud to support the vision of His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai, by making the General Directorate of Residency and Foreigners Affairs – Dubai a smart establishment, with full m-government accessibility for everyone within the UAE,” said Major General Al Marri, Director of General Directorate of Residency and Foreigners Affairs – Dubai.

“Through this collaboration, we aim to make our customers’ interactions even more streamlined, by rolling out various features that will add to their experience in a positive way.”

Expatriates with traffic fines cannot leave UAE

 Expatriates who have committed road offences will not be allowed to leave the UAE unless they pay all their traffic fines in line with new Interior Ministry measures.

The ministry said the new rules would be later expanded to cover all other financial obligations by expatriates seeking to cancel their visa and leave the country.

“We have linked procedures to cancel visas for expatriates with the payment of all their traffic fines.This step is intended to ensure departing expatriates will pay all their financial dues to the state,” said Brigadier Rashid Sultan Al Khadr, Director, Legal Affairs Department at the Interior Ministry.

“This is just a first step as it affects only individuals who apply for visa cancellation and must now pay their traffic fines. The ministry is also considering expanding this experience in the near future so all visa and immigration procedures will be linked to payment of all dues, including traffic, civil defence and other fees,” he told the Dubai-based Arabic language daily Emarat Al Youm.

Khadr said the computer systems of the traffic police have already been linked to those in all immigration departments in the UAE.“This means no application for visa cancellation by expatriates will be approved and they will not be allowed to leave the UAE unless they pay all their traffic fines.”

He said the new measures are part of an overall plan designed to cope with what he described as “the new developments and changes”, adding they would help bolster security for people and protect the country’s rights.

According to Emarat Al Youm, drivers in the UAE committed around 1.95 million traffic offences in the first quarter of 2013.

Emirates ID cards to replace labour cards from next year

 “The move is part of plans to fast-track four million transactions — one million applications for new work permits, another million for renewal of these permits, a third million applications for new job contract and a million for renewing job contract every year — so that any transaction will take maximum 48 hours to complete instead of a minimum of 15 days at present,” said Humaid Bin Deemas Al Suwaidi, Assistant Undersecretary for Labour Affairs, told a news conference.

Al Suwaidi added plans for re-engineering of transactions, which will have no impact on fees, would ease the lives of more than four million workers in 250,000 private companies across the country, allowing workers and employers to obtain work permits and job contracts online and saving time and effort.

“The move will mean that an employer will submit only a job contract signed by both the worker and the employer to obtain a work permit online, in keeping with plans to make the UAE one of the world’s top five governments by 2021,” Al Suwaidi said.

Once labour cards are scrapped, millions of dirhams of penalties levied for failing to obtain, renew or cancel these cards, will be waived.

Government fees account for more than 57 per cent of the UAE budget revenues

The Labour Ministry is the third largest revenue generator after the ministries of Finance and Interior, with revenues for this year are put at more than Dh3.5 billion.

It is also planned that the Emirates ID will also replace all other identification cards for the residents such as driving licence and health insurance card.

Al Suwaidi said that pushing towards a smart government would mean a customer-centred departments which provide efficient services.

Al Suwaidi encouraged workers, companies and other stakeholders to share their proposals an views on how to improve quality and efficiency of services being offered at present.

“We’ve received proposals to get away with job contracts, but these contract will only be developed within the framework of the labour law, others proposed a one-stop shop so that firms would deal with only the Interior Ministry to have their work permits, job contracts and residence visa completed in one step,” Al Suwaidi said.

Stressing that all these proposals and others will be addressed, Al Suwaidi vowed no effort will be saved to meet expectations of nearly 13 sectors and 2,000 professions in the private sector companies.

A one-year ban is currently being imposed on anyone who obtains a labour card with a company they are not really working for. A Dh1,000 fine is also being imposed for failing to obtain or renew labour cards after 60 days from the date the worker enters the country or from the date of the expiration of the labour card is for each month of delay or part thereof.

Abu Dhabi: As Emirates ID registration of all foreign workers in the country has been completed, work permits, better known as labour cards, will be scrapped and replaced by the Emirates ID in the first quarter of next year, said a senior Ministry of Labour official yesterday.

Dubai visit visa on your mobile-- DNRD

Dubai’s Naturalisation and Residency Department (DNRD) says its mobile application will soon enable residents to apply for a visa using their mobile phones.

Major-General Mohammed Ahmed Al Marri, Director-General of the Directorate told  that certain services of the DNRD have been operational on the e- platform for quite a while now.

Col Khalid Nasser Al Razouqi, Assistant Director-General of e-Service at DNRD who conducted the briefing about the new mobile application said the app is being implemented in two phases.

In the first phase, users will only be allowed to renew and cancel visas.

The second phase will incorporate more extensive services like incorporating the complete visa application process through the mobile app and thereby totally avoiding the typing centre.

The  app is being developed by Emartech. ‘Naqadi’ the payment gateway built and managed by Emartech will be incorporated into the application to manage visa payments and other fees and charges of DNRD.

According to Al Razouqi the application should be completely up and running incorporating all features by the end of next year.

Health card, insurance mandatory to obtain UAE residence visa

A valid health card or valid health insurance is a prerequisite to obtain a residence visa in the UAE.

The Ministry of Health confirmed that newcomers to the UAE are obliged to have a valid health card or a valid health insurance in order to get a residence visa, reported Al Ittihad newspaper.

The ministry, in a circular sent to all departments of preventive medicine and registration centres, urged them to inform applicants to pay fees for health card or health insurance in order to complete the transaction.

The MoH circular No 1001 of 2013 stressed on the non-issuance of health fitness certificates without the health card or health insurance.

The circular also stressed that no health card or health fitness certificates can be issued without verifying the fee receipt.

Al Ittihad reported that the ministry took this step following manipulation by some companies in the Northern Emirates, which obtained health fitness certificates for workers without issuing them health cards, in order to save money

Dubai property registration fee doubled to 4% from october 6th

Dubai Sharjah Ajman Abu dhabi Properties: Dubai property registration fee doubled to 4% from...: The Dubai The Dubai Land Department (DLD) on Sunday announced the doubling of the property registration fee to 4 per cent of the control from 2 per cent earlier.

The new registration fees covers all property transactions in the emirate of Dubai except for the industrial sector, including warehouses.

The new fee structure will start to be implemented from October 6, 2013.

DLD Director-General Sultan Butti bin Mejren said: "The move is aimed to stop quick transactions (flipping) which are unhealthy for the market and result in sudden price increases. “The decision has come at the right time… the market has matured and investor confidence is growing. The move in not likely to have any negative impact."

Mejren pointed out that 110 countries in the world had higher property registration rates than Dubai, citing United Kingdom, which charges 4-10 per cent, France 8 per cent and India 7.3 per cent.

As per the decree, the fee will be split 2 per cent each between the buyer and seller. Although the previous law did specify one per cent each for the seller and buyer, in practice the buyer always paid the two per cent.  Mortgage registration fees remain same at 0.25 per cent of the mortgage value to encourage end-users.

No rollback

Asked if the department would consider delaying the implementation, Mejren asserted in no way the decision would be rolled out.

“The mechanism to issue laws in Dubai has evolved. We took almost three months to finalise the decision and I was been reviewed by the financial and legal department and even by investors. The law has been issued and is being executed. There is no way it will be revised.” Although the government hopes to slow down the price rise and discourage flippers, some experts believe this will not discourage genuine buyers because the price increases are based on real demand in Dubai property and not flipping.

Expatriate residents in UAE to pay Dh500 for health cards from Spetember

Dubai – Expatriate residents will have to pay a fee of Dh500 for issuing and renewing their health cards that will enable them to receive medical treatment at government hospitals and facilities across the UAE.

The move is in line with the Cabinet resolution, issued by His Highness Shaikh Mohammad Bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai.

The decision provides for levying Dh500 for issuing and renewing health cards for expats of all ages. It will come into force on September 30, the Ministry of Health announced today. Earlier, the health card issuance or renewal fee was Dh300.

Shaikh Mohammad has issued resolution No 18 for 2013 concerning the fees of health cards and curative and diagnostic services for non-nationals.

According to the resolution, an additional fee of Dh300 will be charged for the issue of a health card in lieu of a lost one.

Article No 3 of the decision stipulates that the fees will be levied against curative and diagnostic services provided by the Ministry of Health to expats holding health cards. These fees will be doubled for those who do not hold ministry-issued health cards.

Non-Muslim UAE expats advised to write will or face family disputes

Abu Dhabi/Dubai: Non-Muslims living in the UAE should make a will in case of death or undergo time-consuming procedures to ensure that the inheritance scheme is implemented according to their own country’s laws, experts said.
Failure to do so may result in family disputes, according to a report by the Ministry of Interior’s monthly publication, 999 Magazine.Only about 10-20 per cent of expat residents in the UAE have taken legal steps towards asset distribution, according to the report.

Sources confirmed that a comprehensive will ensures that a person’s possessions are distributed according to his wishes in the event of death. “Oftentimes the family of the deceased can obtain official documents from their country of origin asking that distribution of assets be done according to their country of citizenship,” said Emirati lawyer Hussain Al Jaziri.

In Islam, the rules of inheritance are made clear and oftentimes there is no need for a will. However, Muslims can write a will in which they can give out only one third of their property to non-family members, including charity organisations and the less fortunate.

Additionally, Lt Col Awad Saleh Al Kindi, editor-in-chief of 999, said: “There’s a need for residents to be aware of the inheritance rules in the country. This is important to preserve peace and harmony within the family, which forms the basic unit of our society.”

For non-Muslim expatriates who don’t have a will, there is a likelihood that Sharia law or forced rules on inheritors will apply. The court may also decide on who takes care of the surviving children upon the untimely death of the parent/s. If the expatriate has assets outside the UAE, he could lose a huge proportion of his inheritance to excessive taxes.

“If you want the right money in the right hands at the right time, the starting point is a properly executed last will and testament, without which your dependants may be in dire straits for some considerable time before assets are released,” Steve Gregory, managing partner at Holborn Assets, told Gulf News.

“Worse, without a statement about guardians for the children, courts have no reason to follow what might seem reasonable, and may make decisions that leave children with grandparents or others whom the parents may never have wanted.”

Gregory explained that a valid will is required in every jurisdiction where there are assets. So, someone with properties in the UK and France and bank accounts in the Isle of Man and UAE, already has four jurisdictions for his executors to deal with.

If a non-expatriate Muslim in the UAE has assets in the country and abroad, Gregory said it is advisable to get an international will or a similar document from their home country.

Andrew Prince at Acuma Independent Financial Advice explained that Sharia inheritance provisions are a form of forced heirship which is used in a number of countries, including France. “However, unlike France, in the UAE, the Sharia provisions will tend to pass a much greater share of the estate to the male bloodline. The female spouse, for example, may only receive one eighth of the estate held in the UAE,” he said.

“Additionally, your surviving family will have the extra problem that your Dubai, Abu Dhabi or UAE-based assets are likely to be frozen while the local legal system works through the process of assessing debts that need paying from your estate. The delay might be a couple of years or so getting all these matters dealt with,” he added.
    By Nada Al Taher, Staff Reporter and Cleofe Maceda, Senior Reporter Gulf News

Eid Al Fitr holiday announced in UAE

Federal government offices in the UAE will be closed from Wednesday, August 7, corresponding to Ramadan 29 and will reopen on the fourth day of the month of Shawal in celebration of Eid Al Fitr.

Shawal 4 falls on Sunday, August 11, if Eid begins on Thursday, August 8.

Work in the government will resume on Monday, August 12, if the start of the new lunar month of Shawal is not confirmed by Ramadan 29 and subsequently Ramadan completes 30 days.

The announcement was made on Tuesday by the Federal Authority of Human Resources.

Can I leave my free zone job in UAE without penalty?

I joined a company under Jebel Ali Free Zone Authority (JAFZA) seven months back. The contract states that if an employee leaves within one year of joining, he has to reimburse the cost of visa and other expenses incurred by the company on him. I am now considering taking up a job with a company outside JAFZA. Kindly advise whether the company can enforce the terms of the contract and also if they would be entitled to put a ban on me.

In respect to the article in your contract which states that "if an employee leaves within one year of joining, he has to reimburse the cost of visa and other expenses incurred by the company on him", it is considered void and contrary to the Labour Law. But in this case, the employer is entitled to claim the compensation for the employee's violation of the labour contract, as the labour contracts in Free Zones like JAFZA are usually limited to two years.

Therefore, if the reader revokes the contract prematurely, then the company in this case has the right to claim ... compensation as he terminated the labour contract prematurely, and the amount of compensation varies between a maximum of Dh1,500 and Dh2,000.

Such an amount shall be determined according to the employee's position as well as salary.

The employer has the right to ask JAFZA to put a work ban for a year as such a work ban is applicable for JAFZA only.

Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal consultants

One-year ban for false work permits:UAE Labour ministry

A one-year ban will be imposed on anyone who obtains a labour card with a company they are not really working for, said a senior Ministry of Labour official.
According to Humaid Bin Deemas Al Suwaidi, Assistant Undersecretary for Labour Affairs, the ministry is determined to overcome the problem of false labour ties between sponsors and workers.

Al Suwaidi said the ministry is moving forward with the implementation of measures to reduce such practices. He said the failure of the employer to cancel or renew a labour card for a worker may be considered a deception.
“The ministry is investigating all companies who are asking the ministry to reduce fines on labour cards,” he said.
“We also check if this specific establishment is really operating effectively and the number of the workers sponsored by this company and also if the company is abiding by the labour law,” he said.

He said if all conditions required by the ministry are applicable the ministry may reduce the fine, especially if it is proved that the employer is not aware of the procedures necessary to issue or renew labour cards.

“It cannot be flexible if is shown that there is no real working relationship between the employer and the worker,” he said.
He said in such cases fines will be imposed on such companies and no new work permits will be issued to such companies until all issues are settled with the ministry.

He said the fine imposed for delaying issuing or renewing labour cards after 60 days from the date the worker enters the country or from the date of the expiration of the labour card is Dh1,000 for each month of delay or part thereof.

He said the Ministry of Labour last year referred to the public prosecution 297 companies proved to be closed and which had many workers still on their sponsorship.

He added that last year 950,000 labour cards were issued by the ministry to various companies in the country.Workers who obtain false work permits from any company will not be allowed to work here for one year, he added.

Failure to pay workers' salary for two months or more can affect all companies under same owner - UAE Ministry of Labour

The Ministry of Labour has begun applying new procedures for issuing work permits.

This came within the implementation of a decree issued by the Minister of Labour, Saqr Ghobash, through which he re-regulated the procedures adopted.

New procedures will also be in place for opening records for business owners whose companies commit five types of violations.

The violations include failing to pay workers' salary for two months or more - taking into account the period during which the wages were stopped being paid and the number of workers affected by the violation.

These procedures will also be applied on companies owned by partners of the violating company.

The new procedures are based on a mechanism of notifying the concerned business owner of the committed violation.

It also grants business owners a grace period to settle the violation before their other businesses can be suspended, taking into account the imposed sanctions of the violating institution in accordance with the relating decrees.

Suspension of the other institutions includes preventing them from getting any type of work permits, whether for recruiting full or part-time workers or transferring labourers.

Other violations include failing to pay administrative claims of the ministry for months from the due date, not renewing or applying for work permits of workers for four months from his/her entry to the country or the date of joining the company.

New born baby need a visa in UAE

You must apply for a residency visa for a new-born baby within 120 days of his/her birth. If you fail to do this the child will not be allowed to leave the UAE and the legal guardian must pay an AED100 fine for each day over the 120 day period.

Documents Required:

• Application form

• Original passport for the baby (if the baby was added to one of his parent’s passport, take that one)

• Original + a copy of the baby’s birth certificate (must be attested by the Ministry of Foreign Affairs - Dubai office. Tel: 04-2221144)

• 3 passport sized photos of the baby

• Original + a copy of the attested marriage certificate

• Passport copy of sponsor.

• Copy of job contract for the sponsor or a salary certificate

Procedure:

• Go to a certified typing office and have them complete the form for you after paying the fees.

• Go to the residency section at the GDRFA  (Toll free 800-5111), and hand in the documents.

• The passport with the residency visa will be sent to you through a courier service.

Fees:

- AED 100 residence fees for each year.

- AED 115 adding fees.

 

UAE Federal laws give consumers right to get purchased product exchanged within 3 months

‘Goods once sold will not be taken back or exchanged’ is no longer the norm in the UAE, thanks to the efforts of the government to protect the rights of consumers, according to lawyer Abdullah Da’aives.

The UAE has both legislation to protect the rights of consumers and bodies competent to receive consumer complaints against dealers and take action to resolve them.

Abdullah Da’aives said this during the “Good Morning Dubai” programme broadcast on the Sama Dubai channel.

He pointed out that UAE federal laws give consumers the right to get a purchased product exchanged within three months in the case of consumer goods and six months in the case of durables.

The laws give buyers the right to seek compensation if the purchased product is damaged and the seller fails to repair or replace it, he added.The lawyer said buyers must keep the purchase invoice and certificate of warranty to ensure that their rights are protected.

If the buyer fails to resolve the matter with the seller, he can approach the Consumer Protection Department in the Ministry of Economy.

He said consumers must assert their rights if a defect is found in any purchased product instead of simply buying a new one.He added that informing the authorities may help prevent harm to other buyers, particularly in pharmaceutical and cosmetic products because authorities have the right to confiscateall similar products in the market, especially if they are past their expiry date.

The lawyer also stressed the need to activate a recent decision of the Ministry of Economy to ‘Arabise’ purchase invoices since there are many consumers who do not know the English language in which most bills are currently made.

UAE labour bans still enforced — but workers can apply for lifting

Dubai: People working in the UAE can still be banned for up to a year if they try to change jobs, a Ministry of Labour official has said.
The ban can be implemented even when an employee quits his or her job after two years of service.
It can be lifted, however, if the new employer offers the candidate a better position than the existing one and a salary that suits the person’s qualification, according to a scale set by the ministry.
There are still questions about the circumstances in which an employment ban can be enforced when a resident decides to quit their job with a view to securing employment with a new company, but officials say there are exceptions which allow bans to be lifted.
The rules and regulations that stipulate when a ban can be imposed and enforced depend on a number of legal thresholds.
Traditionally, the Ministry of Labour can automatically impose a ban when an employer terminates an unlimited labour contract before completing one year of service.
As a general rule, a labour ban is still “imposed on all expatriate employees in the UAE who are working in the private sector when they want to change from one employer to another if they left the current employer without having completed a minimum of two years service,” a ministry of labour official said. “An employment ban, labour ban, work permit ban are used for the same thing which means one will not be allowed to perform any kind of work in the UAE for a certain period of time and these are imposed for six months, one year, or there could be life ban.”
The official said a one-year ban may be imposed at the request of a sponsor if a worker resigns before the completion of a limited period contract.

A permanent ban could also be given to absconding employees or those who violate the labour law.

But there are exceptions to the rules.
Residents can move to another company if the employee remains under the same UAE sponsor or if the employee has a higher level of education to fulfil a position that is needed within the country.

“Employees who have been slapped with a six-month labour ban for breaking their contracts before the expiry of two years can work for a new company, provided they hold at least a high school diploma and have been offered a good position and salary by the new company.”

He said employees working in the UAE who receive a six-month labour ban for breaking an employment contract within two years can have the ban lifted if the employee is changing job for the companies under the same sponsor.

If the employee has a NOC (No Objection Certificate) from the current sponsor then he or she will be able to move to another company under a different sponsor, the official said.

The minimum salary in a new position is Dh5,000 for high school diploma holders, Dh7,000 for post-secondary school diploma holders, and Dh12,000 for Bachelor degree holders.

No fee will be imposed for lifting the labour ban when these conditions are met, according to a senior administrator at the ministry.

“We are still imposing the six-month labour ban on employees who quit their jobs before completing two years of service, but the ban can be lifted if the new employer offers the candidate a higher position and a salary equal or above the salary set by the minister against his or her qualifications,” he said.

The ministry said that if the employee has violated the contract in any way, then irrespective of resignation or termination, a ban can be enforced.

Women sponsored by family

A six-month ban imposed by the Ministry of Labour on people who fail to complete the period of employment stipulated under labour rules also applies to working women sponsored by their family members.

An official from the ministry said women seeking to change their jobs or leave work before completing the contractual obligation of two years with their employer would automatically attract the ban.

The official said the ban would take effect the moment a woman under the sponsorship of her husband or father cancels her labour card.

He said the mandatory six-month labour ban applies to both men and women, even if individuals are sponsored by family members, and is calculated from the date an employee’s labour card is cancelled at the Ministry of Labour.

“This is an administrative ban, meaning that a block is inserted into the ministry’s computer system preventing an application for labour approval being processed against [the] banned person’s name and passport number,” he said.

The ban cannot be lifted by paying a fine.

Complaints

Some workers have complained that the Ministry of Labour is still seeking approval from sponsors if they wish to change their jobs after two years.

Those affected point 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 banned for one year for failing to secure such approval.

The labour rules, which were implemented in 2011 by the Ministry of Labour, allowed workers to switch jobs at the end of their employment contracts without the need for a no-objection certificate.

But a legal consultant at the Ministry of Labour clarified the rules and said expatriate workers would still receive a one-year ban if they failed to get their sponsor’s consent before changing jobs.

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

End-of-service benefits in UAE 'must be based' on 'last' salary

Companies operating in the UAE must give their outgoing employees end of service benefits on the basis of their last monthly salary and firms which fail to do so are violating the law, the Ministry of Labour has said.

The Ministry was responding to a complaint by an Arab female doctor who was sacked by her private employing medical company and given end of service allowances that include the monthly salary she was paid when she first joined work.

In her letter to the Ministry during an open-day review of public complaints and applications in Abu Dhabi on Monday, the doctor said her first salary was far below the wage she was getting in the following years after she was given massive pay rises.

“Companies calculating the end of service benefits on the basis of the worker’s first salary listed in the job contract despite changes in that salary are involved in an illegal practice,” the Ministry said in its response.

“Such benefits must be based on the last monthly salary paid to the worker, who should prove this by producing the last salary statement.”

The Ministry asked the doctor to contact its enquiry section to be informed on the legal measures she will take against her employers to force them to pay all her dues.

Dubai visitors can get entry visa on mobiles now

General Directorate of Residency and Foreigners Affairs – Dubai initiates M-Visa service.According to a report in Gulf Today, people can apply for entry visa on the website of the General Directorate of Residency and Foreigners Affairs – Dubai and receive the visa as an SMS to their mobile

The new service is part of the smart government initiative launched by His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai.

The paper quoted Major General Mohammed Ahmed Al Marri, Director-General, GDRFA, as saying that the directorate has applied the mobile visa (M-Visa) service for its residents.

The GDRFA completed 35,100 transactions last year up until the first quarter of this year, Al Marri added.

Illegal Dubai residents to pay overstay fines monthly instalments

 Dubai: Illegal residents who cannot pay their overstaying fines are being urged by authorities to take part in a system that allows them to pay their fines in monthly instalments.

Residency prosecution officials with the General Directorate for Residency and Foreigners Affairs in Dubai (GDRFA) started Maysara programme in 2011 to allow those found guilty by the Residency Court of Misdemeanours to pay fines in instalments.
Maysara, an Arabic word which means making things easier, allows illegals who are penalised by the Residency Court of Misdemeanours to make payments on their fines within up to two years.
“Maysara has come to make the life of those, convicted by the court and fined, easier. Hundreds of the requests of convicts to install their fines have been approved by the court in the past two years. Their total sum of fines reached several millions of dirhams,” a senior official from the General Directorate for Residency and Foreigners Affairs in Dubai (GDRFA) told Gulf News.

“Convicts, who are fined more than Dh50,000 by the Residency Court of Misdemeanours can pay their fines through Maysara system,” the official said.

He said convicted persons who received hefty fines for violating the residency law by hiring illegal workers or absconded can make use of this service.

The official said Maysara was introduced to make the process of collecting the fines easier, especially convicts who cannot afford paying their fines in full amounts.

The official said that Maysara also helped in reducing the number of detainees who are fined by to remain in custody until the pay the fines in full.

“For convicts to benefit from Maysara, they themselves, their relatives, well-wishers, or legal representatives can lodge a request at Dubai Public Prosection website to have their fines installed.”

It is required to pay part of the fine as decided by the Residency Public Prosecution.

“The request will be approved by the head of Residency Prosecution or the Attorney General or his representative. The conditions for a convict to benefit from Maysara are that the ruling should be irrevocable and that the convict is financially incapable of paying the fine in full.

“The convict will be asked to sign an undertaking to commit to the instalments. The convicts should also make available a guarantor who will commit to paying the fines in case the convict failed to do so.”

The official said any application submitted to make use of Maysara must be written in Arabic.

“Applications written in any other language rather than Arabic will be rejected,” the official said.

Clients can file cases in Dubai Courts online

Dubai Courts has officially launched three innovative online services aimed at saving time and effort, and facilitating the work of litigants.

The services are online registration of cases, access to the archive of case files and pro bono legal advice, according to a press statement from the Dubai government on Tuesday.The initiative is in line with Dubai Courts’ strategic vision towards ‘leadership in court performance’. The services were officialy launched during a ceremony held in the presence of  Dr Ahmed Saeed bin Hazeem, General Director of Dubai Courts, heads of courts, heads of departments, the chairman of the UAE Jurists Association, and a number of key lawyers.

Speaking on the occasion, Dr Bin Hazeem stressed the importance of the strategic partnership between Dubai Courts and law firms in Dubai, which aims to achieve justice and assist in the task of litigants to access their rights.

He said, “Dubai Courts is always keen on excellence and leadership, and aims to provide innovative and modern procedures, along with meeting the needs of litigants. Hence, an online service programme has been launched under the name ‘Al-Salfa’, allowing online case registration without the need to be physically present on the courts’ premises.”

He added: “The first-of-its-kind in the Middle East, this service allows law firms and all litigants to register cases electronically, record every detail, upload identification papers, and send them to Dubai Courts online.”

The testing of this service programme began on February 1, and was made available to law firms on an optional basis. Owing to its successful testing, the programme will become mandatory from June 1 so that all cases presented to the Dubai Courts can be registered online from anywhere in the world.

The second service programme allows plaintiffs to access file archives online and print information about their cases, judgements, decisions and other information, without the need to visit the courts to acquire the papers.

The Dubai Courts director-general said the courts department, in collaboration with strategic partners, has also launched a pro bono legal advice programme titled ‘Sure’, where volunteering lawyers can offer free legal consultations to litigants. This policy is aimed at boosting confidence in the judiciary and facilitating litigation for the public.

Director of the Cases Service Department Mohammed Al Obaidli stressed the strategic importance of these e-services, especially the ‘Al-Salfa’ programme.

He emphasised that the service will particularly save time for litigants, consequently increasing the efficiency of work and quality of service provided.

The exploitation of advanced systems, procedures and technologies to achieve speed and accuracy in case registration will help to directly fulfil the general requirements of the Dubai Courts.

Dubai Courts also honoured the chairman of the UAE Jurists Association, the law firms co-operating with the Dubai Courts, 46 lawyers who volunteered to provide advice and offered nearly 670 hours of free consultations, and ‘Al-Salfa’ programme users.

‘Al-Salfa’ is a well-known term in Emirati heritage, and refers to a person who acted as a judge in the past. — Wam

Bank statement required to sponsor family in Dubai

Dubai: Residents wishing to sponsor family members in Dubai now have to submit their bank statements to the residency department.The move is to ensure people on very low salaries do not bring their families into the emirate.
According to new rules set by the General Directorate of Residency and Foreigners Affairs in Dubai (GDRFA) all those applying for a new residency visa for their families must provide a bank statement showing their monthly salary.
Illegal action
“Those who wish to bring their family members to Dubai on a residence visa must present the GDRFA with the sponsor’s bank statement,” a senior official said.
At least three months’ bank statements are required for those who have already been living here and want to bring their families to the UAE and at least one month’s salary statement or a bank letter confirming the salary transfer for those new to the country and who want to sponsor their families. The rule does not apply for those renewing visas for their families.
He said that previously applicants had to submit a labour contract showing their salary and a salary certificate from the company. The official said this was no longer enough and bank statements were also required.

He said this step had been taken because some people had been submitting a salary certificate or labour contract which showed a higher salary than they actually received.
“We have seen some illegal action involving companies giving their employers salary certificates which state a higher salary than the one they are receiving to help them bring their families here,” the official said.
“Such behaviour is unacceptable,” he added.
“We have come across cases in which the salary of a person who wants to sponsor his family was less than Dh2,500 but they provided us with a salary certificate for Dh10,000,” he said.
“We are asking for a bank statement in order to avoid this happening,” he said.

Medical certificate
He said a bank statement is required only from those applying for a new residence visa for their families.
Those renewing their family’s residency visas are not required to submit bank statements. A bank statement is also not required from those applying for a visit visa for their family members.
The official said new residency visa application will not be accepted without a supporting bank statement.

“People need a proper amount of money in order to live. How can a person bring families here if they earn very low salaries?” the official said.

Those who want to bring their spouse, children, or parents on humanitarian grounds are required to undergo the necessary procedures, including submitting a medical certificate for family members over 18. They must submit their labour card, a copy of their employment contract and salary certificate in addition to their bank statement and tenancy contract, which should be in the name of the applicant, and also an ID card.
The sponsor’s salary should be at least Dh4,000 a month plus accommodation. A salary of Dh10,000 is required if a person wishes to sponsor their parents.

UAE Cabinet approves regulations for the public revenue

Shaikh Mohammad Bin Rashid chairs the cabinet meeting with (from left) Shaikh Mansour Bin Zayed Al Nahyan, Deputy Prime Minister and Minister of Presidential Affairs; Lieutenant- General Shaikh Saif Bin Zayed Al Nahyan, Deputy Prime Minister and Minister of Interior; Mohammad Al Gergawi, Minister of Cabinet Affairs; and Shaikh Hamdan Bin Rashid Al Maktoum, Deputy Ruler of Dubai and Minister of Finance.

The UAE Cabinet on Sunday approved executive regulations for the public revenue federal law, which aim to increase transparency and enhance the accountability process pertaining to these funds.

“The main goal behind the continuous development of legislations and financial systems aims to establish a foundation and fiscal policies for the ideal usage of public revenue,” said His Highness Shaikh Mohammad Bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai, as he chaired the Cabinet meeting held on Sunday at the Presidential Palace.

The regulations for Federal Law No. 1 of 2011 were approved during the Cabinet meeting also attended by Shaikh Mansour Bin Zayed Al Nahyan, Deputy Prime Minister and Minister of Presidential Affairs, and Lieutenant General Shaikh Saif Bin Zayed Al Nahyan, Deputy Prime Minister and Minister of Interior.

The regulations will coordinate fiscal policies, strengthen the capabilities of legislations and financial systems to support the general budget of the UAE, and specifies the rights and jurisdictions of federal bodies for collecting fees and revenues.

The regulations also aim to monitor revenue collection to achieve transparency in these funds. The regulations specify a mechanism for returning revenues, and mandates bodies to implement strategies to develop sources of public revenue.

Health Insurance For All-Employers cannot recover any health insurance cost; new law coming in UAE

Any employer who does not provide health insurance for his employees will be fined Dh10,000 – or more - per uninsured employee under his sponsorship, according to a draft federal law on insurance.Accordance to the draft federal law for health insurance, the sponsor will be committed to guarantee health insurance coverage for each person under his sponsorship, reported Al Ittihad newspaper.

Also, any employer who tries to recover any portion of the health insurance policy cost from the person under his sponsorship - will be fined a minimum of Dh10,000 and up to Dh30,000.
Any insurance firm, health service provider or insurance services provider, which works in the health insurance field without a licence from Health Authority and competent authorities, will be fined not less than Dh100,000 and not more than Dh500,000 per case.
Whoever provides incorrect information to anybody with the intent to obtain a service or benefit from health insurance, will be fined between Dh10,000 and Dh30,000.
Also, anybody or firm, which does not maintain the confidentiality of information, data and files and records of the beneficiaries of health insurance services, will be punished by a fine of not less than Dh50,000 and not exceeding Dh200,000.
New Authority
According to the draft law, a new authority is proposed to regulate health insurance.The ministry staff will be designated by the Minister of Justice along with the head of the new authority. The authority will have judicial powers.

Staff of the authority will have the power to control and prove violations, issue regulations and decisions and implement them within the limits of their work and jobs.

The new authority, in coordination with the Ministry of Health and other health authorities, will develop a system to coordinate the transfer of benefits to the beneficiary in the case of transfer of coverage of health insurance to another provider.

Proof of Coverage
According to the law, the sponsor must submit proof of coverage of each beneficiary and submit that information electronically to relevant authorities.
The new law stipulates that the regulations will set out the conditions and the data required for proof of health insurance coverage.

Insurance Premiums

The draft law indicates that the health insurance authority have the power to fix the rates of the benefits offered by health service providers. They can only modify the rates after approval from the authority.

Health insurance companies can only amend the cost of insurance coverage contained in the basic health insurance contract - only after the approval of the Authority and in compliance with the terms and conditions prescribed by the law.
Also, health insurance providers, insurance companies and the third party management companies, have the right to hire doctors and other specialists to monitor and verify the extent to which health providers complied with the conditions and obligations of the contract.
The insurance company will bear the costs of health services provided to the beneficiary in accordance with the terms of the contract of insurance. The insurance company may request refund from any other insurance company responsible for such costs under the alternative insurance provisions.
Obligatory Service

All health services providers will be obliged to provide health services to any beneficiary who provides proof of coverage such as health insurance card.
Health services providers will also be obliged to continue to provide health services to the beneficiary during the coverage period notwithstanding any dispute among the health provider and insurance coverage.

According to the draft law, health authorities will have to provide health services to anyone with proof of coverage even though the person is not within the network of prescribed healthcare providers.
They are obliged to provide health care services in accordance with the professional and ethical standards adopted in the laws in force in the State.
Prohibitions
The draft law prohibits insurance companies to own or manage or participate in the management of the facilities of health service providers.
It also prevents health providers to own or manage or participate in the management of insurance companies.
However, there may be exceptions of this article through a decision from the Council of Ministers.
The draft law confines the licensing and accreditation mechanism to the proposed authority in coordination with the Ministry of Health and health bodies.

Sick leave certificates to be registered online from May 1st Dubai Health Authority

As part of the recently announced changes to the health regulatory system of Dubai Health Authority (DHA), the doctor’s sick leave certificates will have to be registered online, even if it covers just one day.

Earlier, a day of sick leave did not mandate a doctor’s certificate, but with this new rule come a couple of implications, which might change the way residents think about taking a sick leave.

Recently, the DHA announced that sick leave will have to be registered electronically from May 1, 2013, with the aim of creating more transparency in the issuance of the sick leave notes.

“All sick leaves need to be issued electronically for the sake of auditing and prevention of abuse of sick leave. Henceforth, if a sick leave is needed, it should be issued electronically regardless of the number of days,” said Dr. Ramadan Ibrahim, Director of Health Regulation at the DHA.

“Issuing unnecessary sick leave leads to loss in valuable time for organisations and institutions, and DHA is here to protect the public and to ensure that healthcare organisations do not misuse any policy. This includes issuance of sick leaves.”

Until now, doctors could manually dispense handwritten sick leave certificates (on a medical institute’s letterhead). Sometimes, however, this resulted in fraud, say healthcare authorities.

Cases have been brought to light where doctors did not mind issuing a not-fit-to-work certificate for a day or two if the patient delivered a convincing speech as to why he would need some days off from work.

From next month onward, however, manual issuance of a sick leave note will be penalised with a Dh5,000 fine. And that is not all that is going to change.

Previously, when the consultation was provided by a public healthcare provider, the issuance of a sick leave note would require DHA attestation.

With the electronic system in place, attestation is no longer needed. “Any sick leave issued electronically does not need to be attested by the DHA,” commented Dr. Ramadan.

The abolishment of attestation is likely to be welcomed by patients in the public sector, although the issuance of the electronic certificate will carry a cost too. “I was required to pay Dh60 when I had to have my sick leave note attested two weeks ago,” says M.K., an employee in the public sector.

“If I only want to take a sick leave for one or two days, Dh60 is quite a lot to pay. I would rather consume some of my annual leave days in order to save some money.”

“There is small charge for issuing a sick leave and this is applicable in order to prevent abuse,” said Dr. Ramadan.

“However, DHA is always open to suggestions and comments, and we are currently reviewing the charges.

UAE asked to deny housemaid visas to Nepalese women under 30

The South Asian country banned women younger than this from taking these jobs in the Arabian Gulf in August last year following claims of abuse.
But there is no such ban under UAE law and visas can still be issued.Many young Nepalese women have reported being lured to the UAE with the false promise of jobs but were abused and illegally hired out for a few thousand dirhams by unscrupulous agents.
The embassy will emphasise its ban in a letter to the Ministry of Foreign Affairs.“The Nepalese Embassy in Abu Dhabi will reiterate to the Ministry of Foreign Affairs that, if they want to help the government of Nepal, please don’t issue housemaid visas to any Nepalese girl who is below 30,” said the ambassador, Dhananjay Jha.
“The embassy has previously written to the ministry about the matter and it will again reiterate them to mutually resolve our people’s grievances.”
The embassy is also calling for domestic workers to be governed by labour laws rather than come under the protection of the Ministry of Interior.
The move is part of talks between the Nepalese government and all GCC countries over the rights of domestic workers.
“Housemaid affairs are dealt with only by the immigration departments in the UAE, as well as in other GCC and Arab countries, but all labour-sending countries urge labour-receiving countries, particularly in the GCC region, to include domestic workers’ – especially housemaids’ – affairs into the labour laws,” Mr Jha said.
“We want the provisions of the ILO [International Labour Organisation] to be implemented on housemaids.

“I have raised the issue with the director general of the UAE Foreign Ministry and also raised the issue in Colombo Process [a management of overseas employment organisation in Asia] that housemaid matters should come under the labour laws.

“The major labour-sending countries are telling the GCC countries that any domestic workers, male or female, should come under labour laws.”
There are about 160,000 Nepali citizens working in the UAE, many of them housemaids.The embassy repatriates between 90 and 100 women a year and is currently sheltering 11 housemaids.

Each of them, aged between 19 and 26, came to their sponsor through unscrupulous agents, who had been paid illegal fees of between Dh7,000 and Dh9,000. The women were paid between Dh500 and Dh900 a month.

They are recruited as cleaners by agents for immigration purposes and to avoid the age rules. But the visa applied for in the UAE is that of a housemaid.Once in the country, the girls are sold to the highest bidder, and some sponsors are abusive.

Mr Jha said it was practically a full-time job for an embassy official to visit police stations and immigration departments to help victims.“They [the girls at the embassy] were mistreated, denied wages, overworked, had inappropriate language directed at them, sexually harassed, then fled from the clutches and sheltered at the mission to get repatriated,” Mr Jha said.

He cited the example of two “very beautiful” young ladies, who had to be repatriated after their sponsor started harassing them for sex.

Another maid was sent home after her hands were burnt with cigarette butts. Mr Jha stressed that his government had cracked down on agents in their country. Rules had also been tightened for workers going overseas to be cleaners.

The introduction of the housemaid age restrictions last year came 18 months after the Nepalese government had to end a 12-year ban on women working in Arabian Gulf countries over human rights issues.

The ban had been in place after a young, abused woman committed suicide in Kuwait, sparking outrage in Nepal. 

Illegal car lift Dh5,000 fine-Dubai’s Roads and transport Authority

Car lifts, unregistered taxis, or carpooling against payment: these seem like the perfect solutions in the face of a young public transportation system. But they are not perfect – these services are illegal, and can land you with hefty fines and even a jail term.
Dubai’s Roads and transport Authority (RTA) maintains a strict policy when it comes to illegal car rides. “Motorists using private vehicles as taxis and those offering car-lift services will face fines and deportation,” it has warned in the past.
“Motorists caught offering such service will be fined Dh5,000. Second-time offenders will be fined Dh10,000. And those who commit the offence twice in a year will be handed over to the police and deported,” was the warning.
But this does not seem to scare away commuters from trying alternatives to public transportation. Car lifts, especially, are a popular service, suiting the needs of many who travel on a daily basis, but do not have a car.

“For me, it is a very good solution. My colleague picks me up on his way to work, and I pay him an amount of money per week to share the gas. It is a fair deal to me,” says H.K., a Syrian working and living in Dubai.

“I have a standard driver. I pay him an amount of money per month. And whenever I need him, I can call him to go wherever I want. He is reliable and will always come,” says I.K., an Indian man working and living in Dubai.
A quick search on one of the classifieds websites in the UAE will result in many options. There are those offering the service between two particular places, and those who offer to drive wherever you need. For every location in Dubai, there seems to be an option.

However, this is exactly what the inspectors do. A Pakistani driver tells how he was fooled by an inspector and caught: “I was offering car lift services from International City on a classifieds website. One day I was contacted by a man, who wanted a car lift to Dubai Media City. Once I met him, he identified himself as an inspector. I was fined Dh4,000.”

Another driver says how he was followed by an inspector last Friday after he had picked up his customer. “I stopped over at a bus stop to meet the person I was supposed to give a car lift. As soon as I took off, I was followed by a car. I was pulled over and fined Dh4,000 for providing an illegal car ride. I was also warned that next time I was caught, my driving license would be confiscated,” says the Indian.

The rules are such to protect people from allowing potential criminals inside the car, as passengers may be exposed to theft or face other risks.