Abu Dhabi tenancy contract must for residency visa from Abu Dhabi

A tenancy contract from Abu Dhabi is now a must when applying or renewing residency visas in the emirate.

In response to a resident’s query, who wished not to be named, on whether the residency visa of his family could be renewed with a tenancy contract issued from Dubai, the Abu Dhabi Government Contact Centre said: “Be informed that you can’t apply for the visa with tenancy contract issued from Dubai.”

When contacted, the call centre executive, reiterated: “You cannot apply for a residency visa or any visa with a tenancy contract issued from any other emirate except Abu Dhabi. You also need to get it attested by the Abu Dhabi Municipality.”

Last year, it was made mandatory across the UAE that expatriates applying for or renewing residence visa were required to produce a valid tenancy contract in the emirate they resided. Moreover, attested contracts from any other emirate were accepted in Abu Dhabi for residency visa renewal.

In September, the Secretariat General of the Executive Council had said that Abu Dhabi government employees would be required to live inside the capital within a year. The decision was made to ensure the safety of employees commuting long distances, often in bad weather conditions, the council said.

This website had reported in May that Abu Dhabi government owned companies were sending reminders to their staff, asking them to relocate to the capital before September or lose out on their housing allowance. Company circular states

,  “Staff currently living outside the emirate of Abu Dhabi will have a one-year grace period from September 2012 to relocate to the emirate in order to be eligible for housing allowance after September 2013. Those who wish to remain resident outside Abu Dhabi beyond September, 2013 will not be entitled to any housing allowance.”

UAE labour protection for expats

The UAE provides an attractive environment for foreign workers of 200 different nationalities, adopting comprehensive strategies to protect their rights and improve both their working and living conditions.

In this context, and as part of its commitment to improve the standards of workers' accommodation in line with international standards, the UAE has approved the Manual of the General Criteria for Workers' Accommodation.

Accommodation for workers

The decision emphasises employers' responsibilities to provide workers with accommodation commensurate with international labour standards.

Each facility operating in the country has to upgrade its workers' accommodation conditions to comply with these standards.

In implementation of this decision, Abu Dhabi has invested about Dh20bn ($5.4bn) in 23 workers "cities" which are capable of providing accommodation for 385,000 workers.

These complexes have been built in line with the new manual which stipulates that all accommodation must include its own medical clinic equipped with full services, parking, yards, walkways, mini-market, green spaces and playgrounds.

Freedom of movement in labour market

Other innovations in the efforts to protect workers' rights are aimed at introducing greater flexibility and freedom of movement in the labour market, and establishing a balanced contractual relationship between employer and worker.

At the same time, access to effective legal remedies in the event of a labour dispute have been vastly improved. In particular, the Ministry of Labour (MoL) has set up a collective labour disputes committee, with representatives of workers and employers in each labour office.

The committees must issue a decision on a dispute within two weeks of referral. Their decisions can be challenged before an appeal court within 30 days of issuance.

According to the UAE Minister of Labour, Saqr Ghobash of more than four million people employed in the private sector, only 20,000 are Emirati, and 65 per cent of those work in banking.

Working hours

The mandatory midday break for labourers who work in the sun during the summer months began on 15th June, 2013, for the ninth consecutive year. The three-month midday break rule will be strictly enforced until 15th September, 2013.

Companies will have to give a two-and-a-half hour break from 12.30pm to 3pm for all labourers who work in the open air, such as on construction sites.

The Ministerial decision also states that daily working hours must not exceed eight hours per day or night shift, and that overtime should be paid to those working additional hoursin a 24-hour period, as per Federal Law No. 08 of 1980.

Ministry inspectors hold workshops before and during the ban period to create awareness of the rules, and also make regular visits to ensure compliance by both the employers and workers.

The Ministry of Labour orders all employers to put up signs in Arabic and other languages about the banned hours, while in the case of daily exemptions (see below), employers must ensure there is enough cold water for all workers.

Work which has to continue non-stop for technical reasons is exempt from the ban, but employers are still required to provide facilities to cater for the health and safety of workers; including access to first aid supplies and cold water.

Companies which violate the midday summer break will face penalties which include having the classification of their firms downgraded by the Ministry, and a fine of Dh15,000 for each violation.

Wage Protection System

In yet another significant stride in this regard, the MoL has launched  the Wages Protection System (WPS) to safeguard payment of workers' wages via transfers through selected financial institutions. These transfers will be regulated by the government.

Furthermore, foreign workers are guaranteed the right to send their savings to their home nation  and in 2012, approximately Dh70.46 billion was remitted overseas for the benefit of workers’ families.

The UAE MoL has introduced a comprehensive range of protection measures covering both pre- and post-departure needs of workers, beginning in their country of origin (for instance, protecting workers from illegal recruiters and setting up a contract validation system), continuing after their arrival in the country (through measures like curbing abuse and non-payment of wages), and on their return and re-integration to their home country.

The UAE Labour Minister, Saqr Ghobash, has discussed a number of issues related to the regulation of the labour market in the UAE in separate meetings with Brent Wilton, Deputy Secretary-General, International Organisation of Employers, and William Lacy Swing, Director-General of the International Organisation for Migration (IOM).

Discussions covered the measures applied by the Ministry in terms of controlling and regulating the work of private employment agencies in order to minimise any negative practices that might be carried out by them.

‘Abu Dhabi Dialogue’

The officials hailed the role played by the UAE and its initiatives to improve the management of temporary contractual work cycles, particularly the ‘Abu Dhabi Dialogue’ initiative and the subsequent meetings of the countries which are sending and receiving labourers.

The second Ministerial Consultations of ‘Abu Dhabi Dialogue   2" was held in Manila from 17th  to 19th  April, 2012.

Representatives from 20 countries took part in the meeting, six of them being the labour-receiving countries of UAE, Bahrain, Saudi Arabia, Oman, Qatar and Kuwait, in addition to eleven labour-sending countries: Afghanistan, Bangladesh, China, India, Indonesia, Nepal, Pakistan, Philippines, Sri Lanka, Thailand and Vietnam, as well as representatives from Malaysia, Singapore and Korea as observers.

The meeting concluded with the Manila Communique, which adopted the Framework of Regional Collaboration, 2012 for the Abu Dhabi Dialogue, and supported its guidelines for voluntary initiatives, and increased collaboration and partnerships to ensure the welfare and protection of contract workers.

The closing session of the meeting included a brief presentation on the latest electronic ratification system on labour contracts which aims to protect labour rights in the UAE.

Labour Mobility-Enabler for Sustainable Development

The UAE hosted an international conference on ‘Labour Mobility-Enabler for Sustainable Development’ in May, 2013.

The conference was organised by the Ministry of Labour, the Ministry of Foreign Affairs, the ECSSR and the National Qualifications Authority, in partnership with the Executive Office of the Council of Ministers of Labour in the GCC, the Government of Sweden which holds the chairmanship of the Global Forum on Migration and Development, the International Organisation for Migration (IOM) and the World Bank.

The UN Secretary-General's Special Representative for Migration and Development also participated at the conference.

The conference, held under the patronage of Sheikh Mansour bin Zayed Al Nahyan, Deputy Prime Minister and Minister of Presidential Affairs, saw 150 experts, government officials and international researchers and executives discussing the subject of cross-border movement of labour and its impact on development.

In his speech at the conference, which was read out by Saqr Ghobash, the Minister of Labour, Sheikh Mansour said, "The UAE and GCC states are concerned over contributions to international efforts to upgrade the relationship between immigration and development, as well as investing knowledge in the development policies which are related to the movement of workforce across borders on national levels, and within the framework of regional and international cooperation."

"The GCC hosts more than 15 million expatriate labourers, who are contributing to the development of our national economies.

“The workers are also benefiting from the available job opportunities in upgrading their qualifications, increasing their incomes, and improving their standard of living.

"In this regard, we should point out that our country, despite the repercussions of the global economic crisis, has created almost one million job opportunities for expatriates in the past four years. This has contributed to alleviating unemployment at the regional level."

He noted that, "The GCC is the third biggest regional organisation in terms of financial remittances by expatriates, estimated to be around $80 billion in 2012, in which the UAE share constituted 24 per cent."

The UAE won membership of the Board of Directors of the Arab Labour Organisation (ALO) after earning the confidence of delegates to the 39th Arab Labour Conference, held in Cairo in April 2012.  The UAE has also gained membership of the Financial Control Authority of the ALO.

‘Absher’

In 2012 and 2013, the UAE pushed much harder for Emiratisation. President His Highness Sheikh Khalifa bin Zayed Al Nahyan launched the ‘Absher’ initiative in November 2012, to promote the participation by Emiratis in the job market.

Meanwhile, His Highness Sheikh Mohammad bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai, has labelled 2013 as Emiratisation Year.

The ‘Absher’ initiative is a unique and valuable enterprise that serves the interests of the nation’s youth and provides them with means of stability and a dignified life.

Later, the MoL announced the registration of 2,200 Emiratis working in the private sector for its discounts and special offers programme, a part of the Absher initiative. Absher cards have been distributed, allowing them access to services provided by 23 governmental and private bodies.

In January 2012, Saqr Ghobash, launched phase 1 of the Labour Market Data System (LMDS) in the country.

The launch of Phase 1 also saw the signing of Memoranda of Understanding with the Federal Council for Demographic Structure, the National Centre for Statistics, the National Human Resources Recruitment and Development Authority (Tanmia),  the Abu Dhabi Employment Council (Tawteen), the Abu Dhabi Statistics Centre and the Pension Fund of Abu Dhabi.

The ministry also announced that private sector companies participating in the programme will be offered advantages, such as giving them priority for the completion of forms in services provided by the Ministry in Abu Dhabi, Dubai and other emirates.

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.