U.A.E Residence visa never cancelled automatically

A common question asked by most of the employees in U.A.E, the residence visa expire on the date mentioned in the visa require cancellation. It is very important to keep in mind that a residence visa can expire and become invalid in time, but never automatically cancelled. All visas should be properly cancelled even if someone is leaving the UAE or able to stay on a tourist visa. They will face problems when attempting to re-enter the country on a visit visa. If visa not properly cancelled it is  not possible to obtain a new residence visa . If an employer or sponsor has not dealt with this, an individual can go to any main office of the Immigration Department in the relevant emirate, or the one where the visa was issued, with a passport to request cancellation. The charges should amount to no more than Dh250 including typing fees. The Emirates ID card must be handed over when the visa is cancelled as part of the process, as the identity card is linked to the visa.

No Need to Reimburse Visa Expense to Employer in U.A.E

As per U.A.E Labour Law, an employee seeks to terminate his employment contract, the employer shall not be legally entitled to receive from the employee, any amount of money against the cost of visa incurred by the employer.

It may also be noted that there are no laws which prescribe that an employee should reimburse the employer towards the visa expenses. Rather it shall be deemed to be in contravention of Article 60 of the Federal Law No 8 of 1980 Re: Regulation of Labour Relations which states:

No amount of money may be deducted from a worker's wage in respect of private claims, except in the following cases:

1) Repayment of loans or money advances paid to the worker in excess of his entitlements, provided that the amount deducted in this case shall not exceed 10 per cent of his wage.

2) Contributions that the workers are required by law to make from their wages, towards social security and insurance schemes.

3) The worker's contributions to a provident fund or repayment of loans due thereto.

4) Contributions towards any welfare scheme or in respect of any other privileges or services provided by the employer and approved by the labour department.

5) Fines imposed upon the worker for any offence he commits.

6) Any debt exacted in execution of a court ruling, provided, however, that the deduction made in execution thereof should not exceed one-quarter of the wage due to the worker. Where there are several debts or creditors, the maximum deduction shall be half the worker's wage, which shall be divided pro rata among the creditors, after payment of any legal alimony to the extent of one quarter of the worker's wage."

Workforce Training Institute to train expats U.A.E law and their rights

The institute designed to educate expat employees, the country’s laws and informing them of their rights and duties was launched recently by a team comprising of four government departments. The Workforce Training Institute is currently in its preliminary stage of training Dubai’s blue collar workers, but by 2018, it is set to train expat employees across all sectors in the emirate.

The Workforce Training Institute was set up the ‘Orange Team,’ a group set up under the ‘City Makers’ initiative launched by Shaikh Hamdan Bin Mohammad Bin Rashid Al Maktoum, Crown Prince of Dubai, in December 2014. The initiative aims to bring together teams from across different government authorities to collaborate to develop innovative, integrated solutions for government. The Orange Team is a joint effort of four government departments, including Dubai Courts, Dubai Police, Permanent Committee for Labour Affairs (PCLA) and the Ministry of Human Resources and Emiratisation. Its primary mission is to follow-up on all the affairs of the expatriate workforce in the emirate.

Major General Obaid Muhair Bin Surour, Chairman of the Permanent Committee for Labour Affairs said, during a meeting with The Orange Team at the General Directorate of Residency and Foreigners Affairs Headquarters, that The Workforce Training Institute is one of the team’s most important initiatives. “Our aim was to create an institute to train all employees in the emirate of their rights and duties, while educating them of the country’s laws,” he said, adding that the initiative has been divided into three phases.

“Phase 1, which has already begun, is a preliminary stage to train workers in Dubai. The second phase, which is set to start in 2017, targets workers in the building and construction sector. The third phase, which will be compulsory, will be launched in 2018 and includes training of all employees in the emirate,” Bin Suroor, who is also the deputy director of the GDRFA, said.

“We aim to create a healthy work environment in Dubai, one which protects the workers’ rights and meets global standards,” he said, adding that the institute will ensure that workers in the emirate are not subjected to any kind of exploitation. “By knowing the country’s laws and what rights they have, employees can ensure they don’t fall prey to exploitation.

He also said that the institute will consult a number departments and organisations in the country, “making sure we benefit from the experiences of others in this area.”

Courses at the institute will be divided into three main subjects, all taught in a number of languages. One course will deal with defining the labour law, and explaining the unified contract and its terms and conditions. Another will deal with elaborating on the culture of the country and its social behaviour. The third will deal with occupational health and safety. “We will also be distributing material, such as leaflets, which will clearly state the country’s labour laws. Visits to labour accommodations will also be conducted with the purpose of training them,” Bin Suroor said.

Brigadier Dr Mohammad Abdullah Al Murr, Director of the Human Rights Department at Dubai Police, said the PCLA will take the reigns on executing the training initiative, with the collaboration of other departments involved. “The initial phase of the project aims to train more than 100,000 workers in the construction sector in the next 18 months,” he said.

Brig Dr Al Murr said the third phase of the institute, which will be launched in 2018, will be compulsory to all employees in the emirate. “It will be a two-day course covering everything from crisis and resource management to programmes of quality and excellence.”

“The training programs will be free, and will be compulsory to all employees in Dubai”

Workforce Training Institute

Phase 1: preliminary stage of training workers in Dubai
Phase 2: to start in 2017, will target workers in the construction sector
Phase 3: to start in 2018, will train all employees in the emirate 

Initial phase aims to train more than 100,000 workers in the next eighteen months

Courses at the institute will be divided into three main subjects.

One course will deal with defining the labour law, and explaining the unified contract and its terms and conditions.

Another will deal with elaborating on the culture of the country and its social behaviour.

The third will deal with occupational health and safety. “We will also be distributing material, such as leaflets, which will clearly state the country’s labour laws.

U.A.E Ministry holds employers responsible for attesting standard contract

Under new standards, the Ministry holds employers responsible for attesting in the standard contract to the fact that workers have not been charged any recruitment fees. In 2015, the Ministry took steps to ensure the contracts workers are asked to sign are standardised, to prevent contract substitution and to promote clarity and transparency.
The Ministry of Human Resources and Emiratisation has published the first annual report entitled 'Workers Welfare Report 2015,' highlighting the labour rights in the UAE.

The 2015 report focuses on measures to ensure that all workers that come to the UAE "are recruited and employed equitably, safe in their place of work, and free to advance professionally and personally."

The publication of this report is part of a drive to increase transparency about labour issues, improve data reporting and ensure that discussion about the transnational labour mobility and economic development is frank and fair.

In a forward to the 2015 Report, Saqr Ghobash, Minister of Human Resources and Emiratisation, remarked that "The UAE’s workforce is our greatest asset: the driver for growth that enables economic diversification and secures the future for tomorrow’s generation."

Ensure Workforce Protected

"The Ministry of Human Resources and Emiratisation is committed to ensuring our workforce is protected and its dynamism is harnessed for the good of all. Therefore the ministry has launched a series of initiatives and resolutions to promote workers' welfare in the country, most notably, Standardising labour contracts in order to promote clarity and transparency for workers and employers," he added.

He further elaborated that the ministry launched new laws that "Enable workers to move freely between employers, as well as evaluating and reviewing every aspect of working in the Emirates from recruitment to housing and making significant reforms designed to ensure all workers are treated respectfully at all times, and able to report instances of maltreatment easily."

Legal Professionals to help Labour Disputes

The minister said that MOHRE has appointed 63 legal professionals to help resolve labour disputes, and trained 100 members of staff to facilitate the process of dispute resolution. The ministry has also implemented a new, dynamic smart inspection system to enable the inspectors focus their efforts on higher risk business establishments.

The report begins by describing the UAE’s exponential growth in recent decades as a global centre of commerce and tourism which has been achieved thanks to the hard work of millions of people from all over the world.

People from all corners of the planet travel to UAE to contribute to its growth, putting their skills to use to build and operate the institutions and infrastructure that are now the lifeblood of the national economy.

"The United Arab Emirates is proud to host such a diverse, eclectic population. Proud, too, that at a time of economic slowdown in many parts of the world, the United Arab Emirates continued to create jobs and offer opportunities for people to better themselves, and better the prospects of their families and home nations, which directly benefits some of the world’s poorest communities, enabling access to health and education, created sustainable societies, and raised standards of living in recipient countries".

The report goes on to say that UAE remains a young country undergoing dramatic change and huge economic growth. That brings significant challenges in terms of the management of the labour market.

It is vital, however, that all workers in the UAE enjoy employment protections that conform to the highest standards of international best practice and law, which is why the UAE Ministry of Human Resources and Emiratisation is at the forefront of driving reform to protect workers. Only by upholding the reputation of the nation as an equitable provider of employment and continue attracting the brightest and most skilled workers from around the world.

The protection of workers is fundamental to the ongoing work of the Ministry of Human Resource and Emiratisation, the report reads. Over the course of 2015, the Ministry undertook significant steps to ensure worker protection, including reviewing legislation and regulatory oversight, improving dispute resolution systems and increasing transparency.

"We can’t deny that many non-national workers have faced in the past many malpractices by recruitment agents. Consequently, the Ministry of Human Resources and Emiratisation has been cooperating with countries of origin to improve practices within the recruitment industry as a priority issue."

Monitor Recruitment Companies

The ministry continues to closely monitor the practices of recruitment companies and take immediate actions when violations take place. In 2015 the Ministry suspended the licences of recruitment agencies that violated recruitment practices.

Moving on to describe measures to enhance contract transparency, the report remarks that no employer in the UAE can engage workers against their will or on terms that do not meet the UAE labour standards. All employment contracts in the UAE must be consensual by nature and both parties have the right to terminate an employment contract at any time, in accordance with the terms and provisions of the contract.

Standard Contract, Employers Responsibility

Under new standards, the Ministry holds employers responsible for attesting in the standard contract to the fact that workers have not been charged any recruitment fees. In 2015, the Ministry took steps to ensure the contracts workers are asked to sign are standardised, to prevent contract substitution and to promote clarity and transparency.

The Ministry launched a package of reforms designed to promote transparency regarding fixed-term and unlimited contracts. Henceforth, no non-national worker can be recruited from overseas for employment in the UAE until he or she has been presented with a standard job offer that conforms to the UAE Standard Employment Contract (SEC).

The standard job offer is available in eleven languages and must be signed in the employee’s country of origin before his or her work permit can be processed. The Ministry also works to ensure that all workers obtain a copy of UAE employment law without charge, so that they know their rights.

The Report goes on to assert that the UAE has struck partnerships with international organisations, and works closely with the governments of labour sending countries to ensure that their citizens are protected while in the UAE.

Report Ensuring Worker Welfare

The report elaborates that the Ministry of Human Resources and Emiratisation recognises that "A vital step in ensuring worker welfare is making sure workers are aware of their labour rights."

The Ministry ensures that workers throughout the country have easy access to government representatives at conveniently located Labour offices. Workers are encouraged to visit a Labour office at any time to report concerns or to ask for guidance on any issue. There are five Labour offices in the UAE: two in Abu Dhabi, two in Dubai and one in Sharjah.

Additionally, Ministry representatives carry out frequent site visits to promote awareness of worker rights. In the summer of 2015, the Ministry’s Guidance department made thousands of site outreach visits to stress to workers and employers the importance of the midday break for worker welfare. The meetings were also a useful occasion at which to listen to worker concerns regarding heat exhaustion and employment conditions.

During such visits, the Ministry printed out and distributed thousands of awareness-raising posters highlighting the dangers of midday work, translated the ministerial resolution ‘Prohibiting midday work’ into ten languages and published the resolution on the Ministry’s website. The Ministry has also translated the administrative resolution Number 60 detailing midday working hours law into three languages.