59A7D41EB44EABC4F2C2B68D88211BF4 UAE Visa Rules & Procedures - Ultimate UAE Law Updates for 2025: UAE Labour Law News
Showing posts with label UAE Labour Law News. Show all posts
Showing posts with label UAE Labour Law News. Show all posts

Monday, February 6, 2017

New entry visa system implemented in UAE

A new entry visa system aimed at attracting qualified and talented professionals to the UAE was approved by the Cabinet on Sunday.

Sheikh Mohammed bin Rashid, Vice President, Prime Minister and Ruler of Dubai, said the scheme would be carried out in phases, starting with tourism, health and education visas.

The second phase will involve reaching out to talent in the fields of medicine, science and research, among others.

Sheikh Mohammed ordered the setting up of specialised committees to prioritise these sectors and put forward a plan to attract regional and global talent.

A dynamic lifestyle, practical financing policies and a full-fledged infrastructure are some of the benefits offered to professionals and multinational companies in the UAE.

"Future prosperity lies in the creative minds of our people. Investing in people is an investment in our economy and success," Sheikh Mohammed said.

"The UAE is a country of vast opportunity. We aim to provide a tolerant environment that can nurture potential and support outstanding talent."

The new visa system will be implemented in several phases. The first phase will include issuing entry visas for tourism, medical treatment and education. The second one will see the issuance of entry visas to attract innovative and inspirational entrepreneurs and exceptional experts in medical, scientific, research, technological and cultural domains.

Shaikh Mohammad issued instructions to set up special committees to determine the most important sectors that will be designated for the issuance of visas. The committee will develop a plan to draw in the most important and exceptional skilled individuals, regional as well as global.

The new visa system will give a big boost to tourism, health and education sectors by enhancing the UAE’s competitive excellence on the global stage. The conducive environment and lifestyle, as well as financial facilities and sophisticated infrastructure, are the most important factors to lure extraordinary competencies and high skills. The system will offer new facilities for international companies to shift their headquarters to this country.

Friday, May 20, 2016

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."

Thursday, March 24, 2016

Changes in Residence Visa Medical Test in U.A.E

The UAE Ministry of Health and Prevention (MOHAP) held a press conference to explain the amendments approved by the Council of Ministers regarding the system of residency screening medical fitness.

A senior official from the Ministry explained that the health card requirement for a medical examination for expats has been cancelled.

“In line with our national efforts to develop a system of legislation that will protect the community from diseases and as part of the initiative to update the Medical Fitness Examinations…, the health card requirement for a medical examination for expatriates has been canceled,” said Dr. Hussein Abdul Rahman Rand, Assistant Undersecretary, MOHAP, who presided over the press conference with Dr. Nada Marzouki, Director of the Department of Preventive Medicine.

“After getting the fitness certificate, a person should apply to get either a health card or a health insurance,” said Dr. Rand, adding that “a screening for Hepatitis B and Hepatitis C will be conducted for workers in health facilities in order to preserve their health due to their constant interaction with patients.”
Dr. Rand, pointed out that this decision, which has been implemented across preventive medicine centers since February, is in line with recent developments being pursued within the medical field in an effort to update legislation, control the spread of communicable diseases and facilitate residential procedures.

In 2015, 460,904 persons were screened for fitness in the Ministry of Health and Prevention.

Dr. Rand emphasised the Ministry’s commitment to protect the community in light of the increasing number of expats arriving to the UAE as a result of the economic boom, which has led to updating the preventive procedures and regulations to preserve community health

Monday, December 28, 2015

U.A.E Revoke Six Month Labour Ban from January 2016

Effective from January 2016, there will be no six months ban if services are terminated in mutual agreement between the employer and employee. UAE Ministry of Labor has confirmed that the ban of six months will be cancelled beginning January if the work permit and employment are terminated in mutual agreement.The Ministry of Labour said that beginning January 2016, it will revoke the six months ban rule, if employee and employer opt for mutual termination of work permit.
The new rule is part of the new resolutions issued by Labour Minister Saqr Ghobash Saeed Ghobash in September.However, workers in grade IV and V who have not completed six months with the first job are exempted from this rule, he added
According to the Ministry, employees will be allowed new work permits to join another facility immediately, even if the employee has not completed two years at the first facility.
The ministry has completed procedures for implementation of the resolutions beginning next year, the report added.
Humaid Rashid bin Dimas Al Suwaidi, Assistant Undersecretary at Ministry of Labour, told Al Bayan that under the new resolution, employees who end their service in agreement with the establishments and cancel their work permits will be allowed to move to other establishments, even if they have not completed two years at the workplace.
However, workers in levels IV and V who have not completed six months with the first facility are exempted from this rule, he added.
Al Suwaidi said that currently workers who terminate their service through consensus and have completed two years are also not allowed to move to another facility immediately. They are allowed to join another job only after a period of six months from the date of cancellation of the work permit, he added.
As per the new resolution No. 766 of 2015 workers will be granted new work permits immediately beginning January, explained Al Suwaidi and added that this is so as long as both the parties fulfill the conditions agreed upon in the labour contract signed between them.

Al Suwaidi confirmed that the new Ministry rule aims to attract and retain talent, and is in line with the strategic goal of the government to being a knowledge-based economy attracting global talent.
He said the ministry aims to promote workers from within the country rather than bringing them from abroad, especially people with expertise.
Al Suwaidi said last year 340,000 workers who ended their service at one job could not get new work permits because they had not completed two years and the labour market thus could not benefit from experiences and skills.
 

Tuesday, October 27, 2015

New measures for work permits in UAE, signature of employees for contract renewal and new work permits

The Ministry of Labour has announced new measures to renew work permits, previously known as labour cards, as well as expired contracts, by early next year.

Speaking about the new requirements, Humaid Bin Deemas Al Suwaidi, Assistant Under-Secretary for Labour Affairs, said from the beginning of next year, new decrees will require “clear signature” of employees for contract renewal and the issuing of new work permits, which will put an end to the current work permit renewal procedures which simply follow a notification from employers.

He explained, “Workers, under the new procedures, will enjoy better options of either accepting renewal of the contract according to marked privileges and stipulated requirements in the new contract, or amend these privileges and conditions upon agreement by both parties, which actively contributes to promoting a strong working relationship. It will also enable employees to completely end the relationship, search for alternatives, or return back home.”

“Based on studies, the new decrees will end labour disputes caused by unjust labour contract submissions made by employers without referring to the labourers themselves, and getting final approval before issuing a new work permit,” he said.

Saqr Bin Ghobash Saeed Ghobash, Minister of Labour, said that the three decrees come within the framework of developing legislation to regulate the labour market, confirming that the MoL is moving to a new phase based on establishing and promoting a balanced and productive business relationship between both sides, based on transparency.

The MoL is currently preparing to implement the new decisions on schedule as an effort to ease procedures between employers and workers, particularly in relation to work offers that employees agree upon, whether outside or inside the country, and ensure the highlighting of wages and breaks, as well as other rights and duties.

Al Suwaidi went on to say that the ministry had conducted a study examining the hiring processes in private enterprises, and took into account, through its new decrees, the active measures taken to issue a contract in the preferred language of labourers prior to their signature. This he said, will help “overcome any difficulties that both ends may encounter through several employment channels, including employment agencies or by dispatching company representatives to the targeted country or even through employment websites.”

The new decrees are interrelated and frame the relationship between both sides, starting by enabling the worker to review an offer before travelling abroad then signing the new unified contract with the employer upon entry, from which point a contractual relationship is recorded into the ministry’s database highlighting all rights and obligations as per the contract.

If the worker is in the UAE, the worker must duly sign the employment offer, as stipulated by the decree, before the employer applies for tentative approval to employ the worker.

Saturday, March 30, 2013

UAE Ministry of Labour stipulates salary for graduates in private sector not less than Dh12,000

A minimum salary rule will be applied by the Ministry of Labour to three categories of employees, provided they have a secondary school certificate or a higher educational certificate, local Arabic daily Al Khaleej has reported.

Ministry officials said the private sector workers are grouped into five skilled labour categories, adding that employees of the first category should be university graduates and should receive a minimum monthly salary of Dh12,000.

The second category include technicians who should receive not less than Dh7,000, while the third are skillful labourers who must be paid at least Dh5,000, provided they have a secondary school certificate.

According to the report, the latest ministry regulations followed requests by a number of   employees wishing to change their jobs for higher salary and other reasons.

The report states that many of the applications were rejected because they did not meet the necessary conditions. The Ministry has also said it had agreed on bringing labour from outside the UAE as long as all labour conditions are met.

The report quoted the ministry as saying it will not give new labour permits to employees in case the salary they will receive in the new company is less than what the ministry has previously decided.

In such a case, they will have approval six months after the cancellation of the old labour card.

To be given a labour permit, the qualifications of the employees should suit the nature of the job, it said.

Monday, June 27, 2011

End of service benefit should be calculated basis of total salary -Dubai Court

A worker’s end of service benefit should be calculated with respect to his total salary and not just the basic payment, according to a new ruling by the Dubai Court of Cassation.The decision comes in a case where an employee sought dues of up to Dh159,000 from his employer, which was rejected by the Court of First Instance and later overturned another court.
However, there was no indication from the court whether this was a precedent or only a ruling for this particular case.
Accusing the company of his arbitrary suspension, the employee in his lawsuit demands three months’ salary as compensation for sacking him without notice, Dh11,000 as salary of the last month he worked, Dh22,000 as leave allowance and ticket to his home country and Dh82,000 as his end of service gratuity.
The plaintiff also claimed in the lawsuit that he worked in the company as a Director of Advertising and Editor of a magazine owned by the company.
However, Court of First Instance in its judgment rejected his lawsuit and ordered the employer to pay a total amount of Dh54,000 to the employee.
The employee appealed against the verdict to the Court of Appeal which ordered the employer to pay the value of a return ticket to the complainant’s home country in addition to the amount ordered by the earlier court.
The prosecution also appealed against the ruling on the basis that the end of service benefit of the employee was calculated only on according to the basic salary of worker, which it said was against the labour law.
The Court of Cassation accepted the appeal and directed the case to the Court of Appeal asking for a new panel judges to look into the case.
The Court of Cassation observed: "The pay in accordance with the provisions of Article I of the Labor Law includes all that a worker receives as emolument, whether in cash or in kind, hence the gratuity should be calculated according to the entire amount received by a worker, including his monthly commission.”

Saturday, June 18, 2011

Employers, domestic workers need to submit written contracts

Domestic workers would get a full-day rest every week and would not be required to remain with employer’s household during their annual leave or rest days, according to the International Labour Organisation’s landmark treaty signed on Thursday.

The UAE and other Gulf states supported this landmark treaty – which means this could be implemented in the region.

"This is a historic moment at the 100th session of the International Labour Conference, and we are making an important turning point," a UAE envoy, speaking on behalf of Gulf states, all of which supported the treaty, told AFP.

However, employers and domestic workers would also be required to submit written contracts mentioning the latter’s rights. The new convention would ensure domestic workers enjoyed conditions "not less favourable" than other workers.

The convention, which was adopted with 396 votes for, 16 against and 63 abstentions, will come into effect upon the ratification of two countries. The Philippines and Uruguay have already said they would ratify the accord.

ILO data, which is a compilation of national statistics, indicate that there were at least 52.6 million domestic workers worldwide in 2010.

Despite the large numbers, domestic workers are still among the most exploited and abused. Many are required to work irregular and long hours for low pay and are given insufficient rest. Live-in domestic workers in particular, can be on call at all times of the day. They are also largely excluded from social protection such as maternity benefits and social security.

Nevertheless, joining the convention is only the first step. Countries would not have to implement the treaty until ratification, while others can also opt not to sign up, which could reduce its bite.

While it has secured the support of countries ranging from the United States, Indonesia, and Brazil, others, such as Britain, abstained.

Britain said it could not vote for the convention as it was "unable to ratify in the foreseeable future."

It noted for instance that it was not practical to apply the same health and safety standards, including inspections, to private households employing domestic workers.

It added that it would be "inappropriate to hold elderly individuals... to the same standards as large companies."

But supporters of the convention and activists believe that the strength of the treaty is that it sets a standard.

"There's an understanding that major sending countries... are in support. They will want the protection that will be provided when dealing with other countries," South Africa's chief negotiator Virgil Seafield told AFP ahead of the vote.

Tuesday, June 14, 2011

Three-day weekend in the UAE from June 30 to July 2

The official holiday to mark Al Isra Wal Miraj, the ascension of Prophet Mohammed (PBUH) will be on June 30th instead of June 29th, says a circular issued on Tuesday.

Humaid Mohammed Obaid Al Qattami, Minister of Education and Board Chairman of the Federal Authority for Government Human Resources in the circular said that Al Isra Wal Miraj holiday for workers in the federal ministries and bodies will be on Thursday, 28 Rajab 1432 AH corresponding to June 30th instead of Wednesday, June 29.

This came in accordance with the article No. 100 of the Council of Ministers Resolution No. 13 for the year 2010 on the Regulations of the law of human resources in the federal government.

On this occasion, Al Qattami expressed his deepest congratulations to President His Highness Sheikh Khalifa bin Zayed Al Nahyan; His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice-President and Prime Minister of UAE and Ruler of Dubai, and to their Highnesses the Supreme Council Members and Rulers of the Emirates, wishing them good health and prosperity.

He also congratulated the people of the UAE and the Arab and Islamic countries on this occasion.

Private sector workers sacked during their probation period must leave the UAE

Private sector workers sacked during their probation period must leave the UAE after obtaining their dues from the employer as they are not exempt from the one-year job ban under the new law, according to the ministry of labour.

The ministry outlines this rule during its open-day meeting held every week to consider complaints from workers or their employers in line with new work laws introduced early this year to regulate the controversial ban period.

During the meeting on Monday, an expatriate female public relations employee and several other workers from the same company complained that they have just been sacked a few months after they were appointed and asked the ministry to allow them to shift to another firm and exempt them from the one-year ban.

“The ministry made clear that in case the probation period of those workers is six months and their services have been terminated during that period, then they must get their dues and leave the UAE,” Alittihad newspaper said.

“But if the probation period is set at three months in their job contract, this means they have completed their probation and they will be allowed to move to another company without having a ban since the employer violated the job contract.”

Monday, June 13, 2011

Dubai government plans to offer pensions to expats

The Dubai government is evaluating plans to give pensions to foreign workers, based on suggestions by World Bank on how to improve employment laws including staff benefits, UAE daily The National reported on Sunday
 Representatives of the UAE and the ILO have also discussed the establishment of a pension fund for expatriate workers so that the Government can guarantee that workers receive end-of-service benefits.
"The employer would have to pay regularly to a fund supervised by a Government entity," said Maurizio Bussi, the deputy regional director for Arab States at the International Labour Organization (ILO).
"This especially indicates that the UAE is not looking for short-term labour contracts," said Azeem Ibrahim, an economic adviser to the government of Pakistan. "This sends a message that their contributions will be valued."
Nasser Munder, the Filipino labour attaché in Abu Dhabi, said a pension fund for the expatriate workforce would guarantee that workers receive their end-of-service benefits from their employers.
"Workers have said they often find it difficult to get their full and final settlement from their employers at the end of their contract," he said
"We are providing technical assistance in the area of employment policy. It covers the areas of expatriate benefit treatment including pensions," the paper quoted a senior World Bank official in the region as saying.
"There's a lot of experience globally on pension schemes including some that pertain to portable pension schemes, which could be applied to expatriate labour," the official added.
Dubai employers do not provide pensions for expatriates. Financial experts say the prospect of offering pensions could help to woo more foreign workers to the emirate as well as encourage them to stay longer in the country, the paper reported.
A possibility of converting the end-of-service gratuity system into pensions is also being considered, the paper cited an informed source.
Under a federal law dating back more than three decades, companies have to provide only end-of-service gratuities to employees who have completed one or more years of service, the report said.                                                                                             

Monday, May 30, 2011

The new federal law concerning the protection of consumers will be enforced in the third quarter

The UAE is on the verge of enforcing tough penalties involving fines of up to Dh1 million against dealers trying to manipulate the market by raising prices of consumer products without prior official permission.

The Ministry of Economy said the new regulations, which have been approved by the federal cabinet, would be enforced in the third quarter of this year and warned traders against any manipulation attempts.

In a statement carried by local Arabic newspapers, the ministry said it would not allow dealers to manipulate or control consumers and ruled out any move by the higher committee for the consumer’s protection to approve requests by suppliers to raise the prices of some products this year.

The ministry said its anti-manipulation actions had ensured market stability, adding that prices of consumer products in the UAE are the lowest in the Gulf despite the absence of subsidies enforced in other Gulf nations.

“The new federal law concerning the protection of consumers will be enforced in the third quarter…it involves increasing the penalty ceiling to Dh1 million after it was endorsed by the cabinet,” economy minister Sultan Al Mansouri said.

“The UAE will not allow traders to manipulate consumers at will….the government will continue to intervene in consumer prices to ensure maximum protection for the consumers in the country.”

Mansouri said the ministry’s higher committee for consumer’s protection is considered “the frontline” in the defence of consumers, adding that it would not approve any new price increases without “strong and convincing reasons.”

“The committee normally carries out a comprehensive study into any request for prices increases…this study involves the reasons for this increase, the price level in the country of origin, prices in neighbouring countries and the profit margin…I don’t think we will approve any price rise this year,” he said.

According to Emirat Al Youm newspaper, the new law increases the maximum penalty against violating dealers to Dh1 million from Dh100,000 and the minimum fine to Dh100,000 from Dh10,000.

Sunday, May 29, 2011

Worker wins damages against firm

Company ordered to pay employee Dh111,000 for lost job.

An Abu Dhabi court of cassation ordered a local company to pay Dh111,000 in damages for an employee after it failed to respect its work offer for him, resulting in the loss of his previous job, a newspaper reported on Sunday.

The worker told court that he had resigned from his job at another company after receiving a job offer from the new employers, who also committed to issuing him a new visa and a labour card, Emirat Alyoum Arabic language daily said.

After he quit his first job and cancelled his visa, he was told by the new company that the offer to start his new job in October 2008 had been cancelled because of the global financial crisis, the paper said.

His lawyer told court that the company’s action resulted in the loss of his client’s job and his health insurance, adding that this has had adverse social and psychological effects on him.

The court upheld previous sentences by two courts and dismissed argument by the company’s lawyers that the case should be referred to the labour court.

“The court also said that it is not compelled to consider a letter without evidence from the company that it had taken this measure because of the difficult economic conditions at that time,” the paper said.

UAE cancels up to 1m work permits a year: official

New system linking Labour and Interior ministries to help firms save time and money
The UAE cancels up to 1 million work permits every year, a senior official of the country’s Ministry of Labour (MoL) revealed last week.
At a press conference in Dubai last week, Humaid bin Deemas, Assistant Undersecretary for Labour Affairs at the MoL, disclosed that around 800,000 to 1 million permits are cancelled every year and that a new system, which provides a unified platform to process visa and labour-related issues is in place now, helping employers save time and money.
The project to electronically link the MoL with the Ministry of Interior (MoI) has concluded, providing a unified platform to process visa and labour related issues, it was announced during the press conference.
The linkage has created a joint database for both the ministries, which will allow them to access each other’s files and information, as well as process and cancel visas electronically. The new system will also save employers some headache as they won’t have to fill two separate forms at both the ministries to apply for a labour permit, it was announced.
The new system requires applicant to file one form at MoL, which will then send it electronically to the MoI and process the documents.
The announcement was made during a press conference held in the Ministry of Labour in Dubai in the presence of Humaid bin Deemas, Assistant Undersecretary for Labour Affairs, and Colonel Saeed Salem Al Shamsi, Director-General of Residency and Foreign Affairs department of MoI, and Colonel Bakhit Saeed Al Suwaidi, Director Office of the Assistant Undersecretary of Residency and Foreign Affairs, and Saif Al Suwaidi, general coordinator of the project the MoL.
MoL has confirmed that the new system has undergone testing through a pilot project last November and has successfully issued 317,137 work permits. While, the issuance process has already started under the new system, the cancellation would be launched only in July.
Once operational, the system will allow cancellation of labour cards from any centre in the UAE or even at the airports, following payment of all fines due by the applicant.
The E-link will also require all the firms to have electronic signature card, work on which is currently under process.
Under a later phase of the project it would be mandatory for employers to have electronic signature cards, failure to have which would stall all the files of the applicants.
There are currently 140,000 firms who already have e-signature card and those who do not have will be given a grace period to be announced soon.

Sunday, May 8, 2011

Banned workers must leave UAE:Ministry of Labour

Pvt sector staff must exit even if they hold valid residence visa; Dh50,000 fine for firms hiring banned workers.Private sector workers who get a one-year ban by their employers must leave the country even if their residence visa has not expired, according to the Ministry of Labour.
Clarifying rules governing expatriate workers who are not exempted from the job ban, the ministry said those who stay in the UAE after they get the ban are considered violators of the immigration law.
“Those workers who get a ban and stay in the UAE are violating immigration laws as this means they are staying without a job,” said Humaid bin Dimas Al Suwaidi, Assistant Undersecretary.
“Expatriate workers who come to the UAE enter on a work visa, which allows them to get residence…any violation by the worker of the job contract means he will be banned from work and this will deprive him from residence even if it still valid.”
Quoted by the semi-official daily 'Al Ittihad', Suwaidi said companies which employ a banned worker would be fined Dh50,000.
During the ministry’s weekly “open-day” on Thursday, Suwaidi said he had rejected a request by a company to hire a banned expatriate labourer, adding that worker is now offending immigration laws and must leave the UAE.

Thursday, April 21, 2011

Six months out of country for Labour Card cancellation in UAE

Companies must submit proof of absence along with documents of due settlement.
UAE employees who stay outside the Emirates for more than six months can have their labour cards cancelled. This was revealed at the weekly labour ministry meeting, according to 'Al Ittihad' newspaper.
The ministry officials refused to accept an employer's request to cancel an Arab's labour card who has been outside the country for only five months.
The company was asked to wait for another month and then submit the proof of the worker's absence to the department of naturalisation and residency along with documents to prove settlement of all his dues. Only then can the employer apply for cancellation of the worker's labour card.
Contract amendment
Addressing another case, ministry officials clarified that companies can amend contracts - change names of professions or salaries - only in the presence of the employees concerned. Else it will be considered a violation of labour rights.
Temporary work permit
Issuance of temporary work permits would depend on the type of labour dispute and would be considered by the ministry only once the case has been referred to the labour court. Once the terms and conditions as stipulated by the labour laws are adhered to, the ministry reserves the right to issue temporary work permits without the approval of employers. Similarly, the worker in dispute, need not necessarily have a residence visa provided it is proved that the case has been referred from the labour court.
Job transfer
Workers under three skill levels can end their contract without an agreement with the employer even before completing two years. They include employees who have a bachelor's degree and earns a minimum Dh12,000; or diploma holders with Dh7,000 monthly salary; and those who possess secondary school certificate earning Dh5,000.
Meanwhile, officials approved a request of a company to hire as director a Brit who has no university degree but holds a certificate from a institute which he attended for three years after high school.
Explaining its decision, the labour committee, including Khalil Khouri, Director of work permits, and Saleh Al Jabri, Director of the Unit of facilities in Abu Dhabi, said in this case the employee has 10 years experience in the same job at the headquarters of the company in his country.

Tuesday, April 19, 2011

Dh12,000 annual fine for labour card violations

Employers violating labour card rules will now be fined Dh12,000 per year. Earlier, companies were fined Dh5,000 for each year of delay in renewing labour cards, according to a top official of the Labour Ministry.

Humaid bin Dimas, Assisstant Undersecretary, Ministry of Labour, while addressing the weekly meeting said there were about 60,000 expired labour cards of the total four million cards as per 2010 statistics. This means about 5.1 per cent employees do not have a valid labour card, 'Al Khaleej' newspaper quoted Bin Dimas as saying.

Labour Ministry will not accept requests of fine exemptions for non-renewal of labour cards, he stressed. After the installtion of the new electronic system in order to reduce the time taken to issue a card to a mere 10minutes, the ministry had given companies 60 days to clear the backlog, the official explained.

The imposition of fines is to improve employer-employee relationship, he added.

Bin Dimas said: "While earlier the fines imposed on violations was about Dh5,000 for each year of delay, the same has been increased to Dh1,000 for each month of delay, which means Dh12,000 per year."

It would be difficult to handle absconders if they do not have a valid labour card. Bin Dimas urged companies to adopt the WPS system and renew labour cards on time.

There are about 120,000 small companies from a total of 160,000 firms registered with the ministry system.

Monday, March 7, 2011

Workers with valid labour card and residency visa can apply for temporary work permits in UAE

Earlier rule of mandatory completion of one year with an employer before requesting for a temporary work permit lifted
All workers with a valid labour card and residency visa can now apply for temporary work permits. The earlier rule which required workers to complete one year with an employer before applying for a work permit has been lifted, according to a report in 'Al Khaleej' newspaper.
However, the Ministry of Labour will issue permits only to those workers who meet the conditions stipulated by the ministry.
Eligibility criteria for obtaining a temporary work permit include a valid residency visa and labour card. Also, the application request must possess authorised signatures of both the current establishment and that of the seeker.
However, the ministry will also consider cases wherein the current employer has breached the contract with the employee; has not paid salary for more than 60days; or if the worker was not told of the planned closure of the firm; or if the company has stayed closed for more than two months.
In case of closure of company the worker is required to inform the ministry and obtain approval to that effect from the Department of Labour Inspection officials before applying for a temporary work permit.
The permit will be valid strictly only for a period of six months or until the validity of the labour card, which ever comes first.

Sunday, February 6, 2011

In UAE six-month employment ban is still very much in force

Ministry says new law only makes job shift more flexible as it turns down several requests.New rules enforced by the UAE at the start of 2011 allowing workers to shift to another job still include a six-month ban on those who do not fully abide by the specified terms, the ministry of labour has said.
In a statement carried by the Arabic language daily Alkhaleej on Sunday, the ministry said it turned down applications in January by many workers who had left their employers and wanted to move to another sponsor because they failed to justify their move.
“Those workers mentioned some mistakes committed by their employers but they did not comply with the new cabinet decision nor did they know the measures that govern such a decision or the terms needed to be met in order to get consent by the ministry for their shifting to another employer,” it said.
The statement said the ministry found that those workers had quit their jobs without any real reason, trying to benefit from the new job transfer measures without clearly understanding them.
“This prompted the ministry to impose a six-month ban on them because an exemption of this ban will be granted only under the new regulations…the six-month ban is still in force but the new decision was introduced only to add some flexibility to job transfer under certain conditions and rules which should be enforced by the ministry of laour without any exception,” it said.
“Such condition must mainly include that the work contract between the employee and the employer should be terminated with the consent of both parties and the worker has competed at least two years in the job with that employer.”
But the ministry said such a condition could be excluded in case the employer breaks terms of the contract or fails to pay workers their wages for at least 60 days. Workers can also apply for transfer in case their establishment has shut down.
“Another case involves a court suit against the employer by the employee provided the court issues a sentence in favour of the employee…in any case, the worker should not quit the job without any reason or justification as this will result in a six-month ban.”

Monday, January 31, 2011

Students on university sponsorship can legally work part-time in UAE

Dubai: Students on university sponsorship can now legally work part-time upon receiving a permit from the Ministry of Labour under a new decree issued as part of the UAE Labour Law. The new part-time work permit regulation went into effect this year and is aimed at protecting student rights to stop employers exploiting them, said a ministry official.

It was previously illegal for students above the age of 18 on university sponsorship to take up work unless they transferred their sponsorship to their employer, added the official. The new part-time work permit decree was issued along with the teenage work permit that allows those aged 15 to 18 to take up work within stringent guidelines. Nevertheless, before the introduction of the permit some students on university and parental/guardian sponsorship still took up part-time work through temporary promotional jobs that paid cash.
However, university officials believe that the introduction of this new decree will put employers at ease, increasing part-time work opportunities on offer for students."It used to be that previously employers were reluctant to formally approach students or universities about part-time employment because of the legal issues," said Fouad Jasem, Manager of career development services, Middlesex University Dubai. "After the announcement of the new decree the number of employers approaching us has increased significantly."
Jasem added the Middlesex careers department now posts up to three part-time jobs daily as opposed to previous sporadic internship postings. Yet, Career Services officer at the Canadian University of Dubai, Mary Allison, believes the new decree will increase student opportunities for paid internships.
"Previously a lot of companies were willing to pay students for their internships but because they were on the university's visa it became illegal for them to do so," she said.
It would seem the new decree is just in time as Dubai Women's College (DWC) reports unprecedented student interest for part-time work by its nearly 2,500 strong Emirati student body.
"I would say approximately 15 per cent of our students definitely want to take up part-time employment," said Rabiaa Bekhazi, Careers supervisor, DWC. "This is the first year we've seen increasing student demand for part-time jobs; which indicates a level of maturity in their thinking, as work to be something they now expect to move towards."
Although students across the country are eager to earn their keep, Bekhazi believes companies in the UAE may take longer to come to terms with a new concept.
"The student demand is evident but we need a market answer, where companies prepare tailored packages and roles, from an HR perspective, for this character of workers," she said. "A lot of work needs to go into companies preparing to accept part-time student workers as they differ greatly from mature workers."

Even though it is too early to gage employer response, students are no doubt pleased with the introduction of the new decree."It is still going on, those employers that don't pay or lie about their contracts and this might not change, but at least now students are protected by the government," said Sany Jab, a student at the SAE Institute Dubai.

The part-time work permit applies to four categories of persons:

1. Resident workers in full-time employment holding a valid labour card

2. Co-dependent sponsored residents i.e: housewives on their husband's sponsorship

3. Residents aged 18 and above

4. Government employees

Those issued with a part-time work permit are not limited to the number of part-time jobs they can take up.The government can issue a part-time work permit despite the objection of a full-time employer and an individual's residency status if there is a labour case raised at the courts through the labour ministry