Insurance coverage for Indian workers in U.A.E revamped from August 1

The government of India has revamped the mandatory insurance scheme, Pravasi Bharatiya Bima Yojana (PBBY), aimed at the welfare of Indian emigrant workers who need Emigration Clearance for overseas employment. The strengthened scheme (PBBY,2017) will be effective w.e.f. August 1, 2017.

Salient provisions of the strengthened scheme are as follows:

• Maximum sum for which insured under the Scheme is Rs.10.00 lakhs in the event of accidental death or permanent disability leading to loss of employment while in employment abroad, irrespective of change of employer/location of insured person
• Few other benefits at a nominal insurance premium of Rs. 275 and Rs. 375 for a period of two and three years respectively
• Certification of accidental death or permanent disability by Indian Missions and Posts abroad shall be accepted by the insurance companies.
• Medical insurance cover including injuries / sickness / ailment / diseases enhanced to Rs.1,00,000/- (up to Rs. 50,000 per hospitalization)
• Repatriation cover for medically unfit/premature termination of employment: Actual one-way economy class air fare to the nearest international airport in India.
• Family Hospitalization in India enhanced to Rs. 50,000/-
• Maternity benefit to women emigrants enhanced to Rs. 35,000/-
• Return economy class air fare to the nearest international airport attendant in case of emigrant’s accidental death or permanent disability.
• Legal expenses on litigation related to emigrant’s overseas employment enhanced to Rs. 45,000/-
• Provision for On-line renewal of PBBY policy.

Dubai Labour Court offer Free legal advice for workers

Chief Justice of Dubai Labour Court Jamal Salem Al Jaberi

Pro bono legal advice for low-paid residents is being offered by Dubai Labour Court in a bid to ensure workers’ rights are upheld.The court has launched the Oun initiative, which offers free legal consultations for workers, and it has also set up a one-day court to speed up legal proceedings.

Chief Justice of the Labour Court, judge Jamal Salem Al Jaberi, said that work is under way to provide not only consultations but full, free-of-charge legal services for workers, through another initiative known as Sanad.

Fourteen lawyers volunteered to provide the service and the Chief Justice expects that more will take part in time. “The lawyer who takes a case will have to represent the worker in court, attend hearings, submit defence arguments and give workers consultation,” said Mr Al Jaberi.

The one-day labour court will soon be launched in coordination with the Ministry of Human Recourses and Emiratisation.

Mr Al Jaberi said that the fast-track court will reduce the time it takes for cases to reach a verdict. Last year, the labour court handled 9,000 cases - 4,711 of which were in the first six months of the year. In the first six months of this year it handled 6,895 cases.

“The increase in number is a result of the several initiatives that helped speed up the legal process and make room for more cases to be heard and settled and not because of an increase in disputes between workers and employers,” said Mr Al Jaberi.

“The labour court of first instance at the ministry has been equipped to hear and issue rulings in labour cases [within a day], and it’s one of the initiatives launched to ease procedures and speed things up.”

The one-day court will first attempt to amicably settle disputes in the presence of both parties involved and, if a settlement is not reached, it will hear the case and reach a verdict on the same day.

“We are keen on employing amicable settlements between labourers and employers because it’s the fastest way to grant workers their rights,” said Mr Al Jabri, who added that most cases heard by the labour court are over unpaid wages.

One point of law that should be revised to speed up the legal process, according to judge Al Jaberi, is the mandatory legal notice, which can be costly for workers.

“Some cases require that a legal notice is published in a newspaper, which sometimes is an obstacle for workers who cannot afford the Dh100 or Dh200 for publishing costs,” he said.  The labour court is currently negotiating with a number of local newspapers to provide the legal notices for free to workers.

Another initiative by the court is a “night shift,” in which two courtrooms handle four hearings of labour cases through the night two days a week. It has successfully handled more than 300 cases since its launch.

“Starting this week, the night shift courts will hold six hearings a week but these courts handle cases with financial claims that are less than Dh20,000,” said Mr Al Jaberi.

The night shift will be evaluated soon to determine whether it is successful enough to merit it being adopted permanently, as it is costly due to the overtime hours paid to court officials. Another move being discussed that would ease the burden for workers is free translation services. The aim would be to save workers more expenses as most are required to present their documents to the court in Arabic.

“Once this is approved we will even provide them with transportation to and from the translation offices back to the court,” said Mr Al Jaberi.

Workers who look to take advantage of any of the court’s initiatives must apply and a committee evaluates them and decides whether the individual is entitled to the services.

DED enforces amendments relating to businesses

The Department of Economic Development, Abu Dhabi, has announced the enforcement of amendments made to its Table of Fines in line with the Abu Dhabi Executive Council Resolution No. 47 for 2017 on the violations relating to businesses or establishments licensed for economic activities as per Article 6 of Law No 2 of 2009.

The amendments come in response to the DED monitoring of repeated violations committed by establishments licensed for economic activities in the Emirate of Abu Dhabi, said Mohamed Munif Al Mansouri, the Acting Executive Director of Abu Dhabi Business Centre for Business, an DED affiliate, noting that the new additions are premised to curb wrongful practices that fly in the face of economic laws and regulations applied in the emirate and ultimately help reinforce the investment-friendly environment in the country.

They cover those violations made by establishments licensed for economic activities, or at their premises, advertising hoardings, advertisements and trademarks, as well as those related to trade fraud, consumer protection, activities of their vehicles, along with the infringements relating to industrial establishments licensed by the Industrial Development Bureau, he added.

Al Mansouri called upon all establishments to carefully go through the new amendments and to abide by relevant regulations in order to avoid such fines which range from formal warnings and varying fines as per the nature of the violation.

Mr. Al Mansouri added that most of the fines are issued for activities carried out without obtaining required permissions and licenses or against those owning, marketing, producing, or purchasing fake or counterfeit goods, materials or products from unlicensed vendors, a market, or from outside the country for the purpose of marketing the same inside the UAE, and the selling, displaying, or owning of consumables or non-consumables or services that do not conform with the local standards and specifications, which could thus harm public or consumer health.

Non-Muslim expats require a will in U.A.E

Death is something we don’t usually think of, but something we should plan for, but rarely do. Friends Provident International (FPI), a financial institution, on Monday released a guide for non-Muslim expatriates on how they can take care of their families in the event of premature death in the UAE.

Titled ‘A matter of life and death’, the guide covers the 14 key issues for expatriates, should the worst happen.

Issues like frozen bank accounts when the account holder dies, leaving a will, and other issues most expatriates are not aware of are addressed to make it easier for families to handle the assets of the deceased.

Having a will for non-Muslim expatriates is important as there is no right of survivorship in the UAE. This means assets are not automatically passed on to the surviving joint owner upon the death of the other unlike in many countries.

When a non-Muslim expatriate dies, in the absence of a will, the courts will automatically apply Sharia to distribute assets.

If there is a will, inheritance will be governed by the person’s national law under the Civil Transactions Law of the UAE. Note that whether a will is present or not, fixed or immovable assets such as property in the UAE are still subject to Sharia.

Marcus Gent, managing director of the Middle East and Africa at FPI, said many expatriates are not aware of the repercussions of a death in the family when living in the UAE.

“While no one likes to think about dying — and indeed no one should spend too much time thinking about it — knowing that you have taken steps to ensure your family is taken care of, even if you’re not around, can be a great source of comfort,” Gent said.

Philip Cernik, chief marketing officer, Middle East and Africa at FPI, said life as an expatriate in the UAE can be fulfilling, but complications can arise when it comes to death unless plans are made accordingly.

This is where the checklist is helpful as it covers such matters as writing a will, how to register a death and how to arrange for the burial, cremation or repatriation of remains.

But writing a will is not for everyone, said attorney Barney Almazar, a licensed legal consultant and partner at Gulf Law.

“The writing of a will should not be seen as morbid, but as a wake-up call for residents who have substantial assets. So obviously, if you have valuables to pass on, write a will,” Almazar told Gulf News.

Almazar said there are many ways to write a will. A lawyer can draft a will for the testator in accordance with his or her country’s national laws, and the testator can have it notarized in his or her embassy and then attested at the Ministry of Foreign Affairs in the UAE.

Another option is to have it done at the Notary Public of the Dubai Courts for roughly Dh2,250.

For those who prefer wills drawn up in English, another option is available through duly licensed legal consultants registered with the Dubai International Financial Centre (DIFC) Wills and Probate Registry.

This may cost between Dh2,500 and Dh5,000 for a single will and from Dh4,000 to Dh10,000 for mirror wills.

With the DIFC will, you no longer need to have everything is translated into Arabic and heard using Sharia. You can simply proceed with your will in English and use the internationally recognised Common Law.

Points non-Muslim expatriates must remember

1) Leave a will.

2) Ensure your children are taken care of.

3) Outline who should inherit your property in your will.

4) Structure your bank accounts carefully.

5) Consider inheritance taxes in your home country.

6) Use a trust or beneficiary nomination for your life insurance.

7) Make sure you nominate beneficiaries for your end of service gratuity.

8) Check whether you qualify for death in service benefits.

9) Think about how your death would impact your dependents’ residency.

10) Think about your digital life.

11) Registering a death in the UAE and repatriation of remains. (Guide is on their website)

12) Burial and cremation. (Guide is on their website)

13) Prepare a checklist of people that need to be informed if you pass away.

14) Make sure you have adequate cover.

Residency permit processing time in UAE reduced 50%

The ministries of Interior, Foreign Affairs and International Cooperation, Health and

Prevention, and Human Resources and Emiratization and Emirates Identity Authority have announced measures to reduce by 50 per cent the time required to process a transaction for the issue of a residency permit.

The move is part of the world's first government accelerators, a new government approach that will accelerate the achievement of the National Agenda of the UAE Vision 2021.

Launched by His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai, the accelerators have multiple tasks and responsibilities to boost the pace for achieving the goals of the National Agenda and projects.

The government bodies will also be tasked with implementing joint projects in record time to transform government services to advanced standards by 2021.

Dr. Hussain Al Rand, Assistant Under-Secretary for Health Centres and Clinics, Ministry of Health, stressed the ministry had established the happiness station at the Ajman Preventive Medicine Centre with other partners to streamline the process of issuing the residency permit.

''The Ministry of Health is committed to co-operating with other government stakeholders to deliver the objectives of the government accelerators regarding the residency permit for private sector staff in 100 days,'' he affirmed.