59A7D41EB44EABC4F2C2B68D88211BF4 U.A.E Visa Rules and Procedures-Law updates -free legal advice: September 2017

Wednesday, September 27, 2017

Domestic Workers Law get approval in the U.A.E

 A law stipulating working conditions for domestic workers, including a regular weekly day off, 30 days of paid annual leave and the right to retain personal documents, was approved by President His Highness Shaikh Khalifa Bin Zayed Al Nahyan, it was announced on 26th of september.
 The new law also provides for a daily rest of at least 12 hours — including at least eight consecutive hours.Saqr Ghobash Saeed Ghobash, Minister of Human Resources and Emiratisation, said the law strikes a balanced domestic worker-employer relationship and regulates it in a way that protects rights of all parties involved.
“The law, moreover, reflects the UAE’s commitment to the supremacy of law and to aligning the local legislation with international labour standards,” Ghobash added.hobash said the Ministry of Human Resources and Emiratisation will soon complete the executive regulations and job contracts ahead of the implementation of the law.


The law will take effect two months after it is published in the official gazette.

The law promotes decent work conditions for domestic workers, including social protection and access to specialised tribunals at the Ministry of Human Resources and Emiratisation and courts. It sets 18 years as a minimum age for a domestic worker, which is consistent with the international rules on the elimination of child labour.
Placement agencies have to ensure that the domestic workers are informed of the terms and conditions of their employment such as the nature of work, the workplace, the remuneration and the period of daily and weekly rest as set out by the executive regulations before they cross their national borders.
The new centres called Tadbeer, which will replace domestic worker recruitment agencies by the end of the year will guarantee proper visa, orientation and training for the workers.


Agency obligations
The law says: “A contract accredited by the Ministry of Human Resources will be signed by the employer and the employment agency, setting out job description and qualifications of the worker as well as obligations of the employer. This contract will also detail the financial obligations towards the worker travelling to the UAE, the fees of the agent and the period required to bring in the employee.”

If the agent fails to honour the obligations set out in the contract, the employer shall have the right to decide against offering the job to the worker. The agent will then bear the cost of sending the worker back to his/her home country.

The employer also has the right to claim compensation for any inconvenience caused by the agent’s failure to meet the contract’s terms.

A domestic worker, the law states, may be engaged on probation for six months, during which his or her service may be terminated by the employer with the placement agency bearing the cost of sending the worker home if necessary.
The placement agent has to repay all fees if the contract is revoked on the worker’s own will, because of the worker or because the agreed terms of the employment contract are not honoured.
Wage protection
Remuneration, which has to be communicated to the worker and agreed by him or her before travelling to the UAE, has to be paid no later than the 10th of the following month and a receipt is signed upon every payment. The Ministry of Human Resources and Emiratisation may introduce a more suitable wage protection system.
No amount of money may be deducted from a worker’s salary or end-of-service gratuity except for a debt payable in the execution of a court ruling or repair of any damage caused by the worker, provided that the deduction shall not exceed a quarter of the worker’s salary. If a dispute arises, it has to be settled by the special tribunals at the Ministry of Human Resources or be referred to the court.
The employer must inform the Ministry of Human Resources and Emiratisation within five days of the worker’s absence from the workplace without a valid reason.

A worker must inform the ministry within 48 hours from quitting work without the knowledge of the employer.
 Regulation of contracts
The recruitment agency must present a copy of the job offer to the worker prior to the worker’s departure from his country of origin. A standard contract accredited by the Ministry of Human Resources and Emiratisation will govern the terms and conditions of the employment.

Either employer or domestic worker may terminate the contract if the other party fails to meet his obligations. The employer or worker may terminate the contract even if the other party has met his obligations. This is called a ‘no-fault’ termination and it is subject to compensation as outlined in the Domestic Labour Law.

Entitlements of domestic workers

As per the law, domestic workers are entitled to:

  •     - Payment of wages, as set out in the standard contract, within ten days from the day they are due;
  •     - One day of paid rest per week;
  •     - Twelve hours of rest per day, including eight hours of consecutive rest;
  •     - Medical insurance provided by the employer;
  •     - Thirty days’ medical leave per year;
  •     - A round-trip ticket home every two years;
  •     - A decent accommodation;
  •     - Decent meals at the employer’s expense;
  •     - Clothing, if required by the employer, at the employer’s expense;
  •     - Possession of their personal identification papers such as passports, IDs etc; and
  •     - Either the employer or the worker can refer a dispute to the Ministry of Human Resources and Emiratisation. The ministry will attempt to resolve the dispute amicably within a period of two weeks. If no resolution is reached, then the matter will be referred to a court. Under this law, cases filed by workers are exempted from court fees at all stages of litigation and must be heard in a speedy and prompt manner.
Legal prohibitions: The law prohibits the following:

  •     - employment of anyone under the age 18;
  •     - exposure to physical harm’ and
  •     - assignment of tasks that are not covered under the contract.
    Regulation of recruitment agencies

Only UAE-registered natural or legal persons with good standing may recruit domestic workers to the UAE. An agency may not, on its own or through a third party, solicit or accept from any worker, whether prior to or after employment, any form of commission in exchange for employment.

In the event of early termination, the agency must repatriate the worker at its expense and either offer the employer an acceptable substitute worker or return to the employer the fee he/she had paid.

The agency must at all times treat the worker decently and refrain from exposing him/her to any form of violence.

New centres called Tadbeer, whose services will be regulated by the ministry will replace domestic worker recruitment agencies by the end of 2017. These centres will guarantee proper visa, orientation and training for the workers.


Categories of domestic workers

The new professions under the domestic helpers’ category (only for households, not companies) are: housemaid, private sailor, watchman and security guard, household shepherd, family chauffeur, household horse groomer, household falcon carer and trainer, domestic labourer, housekeeper, private coach, private teacher, babysitter, household farmer, private nurse, private PRO and private agriculture engineer.

Friday, September 22, 2017

Travel Ban in the UAE

If you are an expat in the UAE, it is crucial for you to know the different types of visa ban rules that apply to the region. A visa ban prohibits a person from entering the country or taking up a new job. It is important to know the dos and don'ts to make sure you avoid getting a ban.
Permanent residency ban: This type of ban is applicable to any serious Labour offence considered illegal or absconding. The federal department keeps a record of banned individuals including fingerprint and scanned sample.
Labour Ban: Labour ban is only executed under the following situations:

  • On the expiry of the contract, when on the action is taken by the present employer's end in relation to your employment.
  •  In case, if no new application is applied by a different employer.
  • Termination of unlimited Labour contract before completing 1-year service.
  • Termination of limited Labour contract before the date of expiry.
Immigration ban: This ban denies the entry of the employee in the UAE. The reason depends. It may be a criminal offence, bad debt, bounced a cheque, rape violence, rash drinking, drinking, theft, inappropriate relationship, etc. Immigration ban is also applicable when you have broken government rules and regulations.
 
Employment ban: This type of ban is also called work permit ban. You can work in the UAE for a limited period of time but can be applied for 6 months or permanently.

Six-month ban: A 6-month Labour ban is an automatic ban which is imposed when you leave your current job without any proper reason. Every employee under Ministry of Labour is automatically banned for 6 months; unless they are exempt from ban due to their new employer status (Freezone, Government), qualification above High School Diploma and salary of AED 5000 for High School, AED 7000 for Diploma holders and AED 12000 for Bachelor’s degree holders.
 If you have 6-month labour ban, there is no restriction for you to enter UAE on visit or tourist visa.
 One-year ban: When you resign any job prior to its completion of the limited contract, this is enforced. When you lose your case filed against labour ministry, this rule comes to exist. In this case, the employer needs to start the proceeding of work permit even before the expiry of the visa. The ban gets automatically activated if a new application is not forward well before the expiry of work permit or visa.

How to avoid getting a visa ban: First thing that you need to assure is that your current employer has executed the proper action for extension of your employment contract, even before it expires. The employer needs to go to the Ministry of Labour. If changing jobs, you need to be sponsored by the new employer or else your labour card gets banned. Lastly, knowledge is power. Always keep up to date with the latest rules about Dubai visa and employment issues, as well as an amendment to labour laws.

Under following circumstances, under the following category there is no Labour Ban
  •     UAE Nationals will not have labour ban or immigration ban.
  •     If you are joining an oil company.
  •     If you are joining Government or Semi-government organisation.
  •     If you are changing jobs within the same Free zone.
  •    If you have completed your contract term under limited contract.
  •     If you have completed 3 years of service under unlimited contract.

Friday, September 15, 2017

UAE Visa on arrival for Indian passport holders with UK and EU residence visa

UAE approved a decision to grant visa on arrival to Indian passport holders with residence visa from UK and the European Union.

The decision was taken at a cabinet meeting chaired by His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice-President and Prime Minister of UAE and Ruler of Dubai.

Earlier this year, the UAE Cabinet had approved a decision to grant Indian passport holders with either a valid US visa or a green card a visa on arrival.

The decision comes within the framework of the long-term strategic partnership between the United Arab Emirates and the Republic of India, the promotion of political, economic and trade interests between the two countries.

This decision strengthens the UAE's external relations by facilitating the visa issuance process in order to confirm its global status as a tourist and economic hub