Can I get the ban lifted by paying money?

A reader from Dubai asks: I have worked in a company for more than two years for a salary of Dh6,000. The first period of my employment in the company of six months is not mentioned in the ratified employment contract between me and the Ministry of Labour. I have submitted my resignation, but there is a disagreement between me and the company on the matter of the current salary, the end-of-service gratuity and the said first period of employment. My question here is; how shall I prove before the Ministry of Labour my current salary, which is larger than the amount mentioned in the employment contract? And how shall I prove my joining date in such company? Is the employer entitled to request the ministry to impose a six-month ban on me and can I be exempted from such a ban. Can I get the ban lifted by paying money? Please advise me. Many thanks.

I would like to clarify to the questioner that he may prove his current salary through the bank receipts, which state the deposit of the questioner’s salary in the bank or any letter from the company stating that the company has increased the questioner’s salary. As for the first period of employment for the questioner in the company, the questioner may prove the same through the appointment letter as well as the date of the first salary he received from the company. In connection with the ban, a six-month ban will be imposed on the questioner by the Ministry of Labour since the questioner has not completed three consecutive years with the existing employer. Therefore, a no-objection certificate is required by the questioner to transfer the sponsorship from the existing sponsor so that he can lift the ban.

Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants

Dewa to offer residency, visa services

Public to submit applications to new section set within authority's offices

Dubai: Public can now make their residency and visa applications at Dubai Electricity and Water Authority (Dewa) offices following the opening of a new section — the Dubai General Department for Residency and Foreigners Affairs — at Dewa headquarters, east of Zabeel.

In its efforts to strengthen cooperation with strategic partners, Dewa opened an office for the residency department following the signing of a memorandum of understanding on Monday.

The office will offer all related residency services to the public.

Saeed Mohammad Al Tayer, Managing Director of Dewa, said the authority will provide the necessary support and facilities for the residency office.

Major-General Mohammad Al Merri, director-general of the residency department said the office will provide services to public services from 7.30am to 8pm.

He said that the department's offices numbered 23 in total.

Transfer sponsorship without NOC

A reader in Dubai asks: I have been working in a company for two years; currently, I am not stable with the company, as my salary is often delayed. My question here is; I would like to know the requirements to transfer sponsorship without the need to get a letter from my sponsor as per the labour law.

The Ministry of Labour allows the worker to transfer sponsorship to a new sponsor without the need to get a no objection certificate (NOC) from the existing sponsor according to the following cases: The worker’s salary has been delayed for two months or more. In the event of arbitrary dismissal, provided a judgment passed by the competent court confirms such an arbitrary dismissal.

Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants.

The UAE Ministry of Labor has reduced the deposit expatriates pay to bring in domestic help to AED2,000

The fee for expatriates to sponsor domestic workers in Dubai has been reduced to from AED5,000 to AED2,000 - matching the deposit Emiratis pay for sponsoring domestic help, Gulf News reported.

According to a senior official from the Ministry of Interior, expatriates used to pay a AED5,000 deposit plus an additional AED5,000 to cover medical and visa costs.

“The deposit will now be refunded only when the domestic helper visa is cancelled and when she leaves the country,” Major General Mohammad Ahmad Al Merri, Director General of the Dubai Department for Residency and Foreigners Affairs told Gulf News.

These government incentives could be an attempt to maintain the number of domestic workers in the country, amid the financial crisis.

At the same time, the changes include an amendment that would see expatriates being refunded only when domestic workers were issued their residency visa, which is valid for one year only.

This could be problematic for sponsors since it is not uncommon for workers to run away. Both Emirati and expatriate sponsors stand to lose a lot of money if their domestic workers run away.Housemaids abscond for a variety of reasons; the most-often cited being abuse and mistreatment.

Interestingly, domestic workers in the emirates are not covered under the provisions of the labor law like other workers; their problems are considered as either immigration or police matters. And when there’s a conflict between a housekeeper and his or her employer, most workers are convinced the law is on the sponsors’ side.

It is unsurprising, then, that most domestic workers choose to runaway, in spite of losing their employment rights as a result of absconding.

It seems to Kipp the system needs more than mere fee adjustments

Visa and Residency procedures for the employees in Ajman University

The issue an employment visa to the employees working in the University, the following is required:

Notifying the Department of Human Resources to issue a work visa for the appointed employee in the university, specifying the job, basic and total salary,

A clear copy of the passport with a validity of not less than 6 months,

5 recent colored photos,

In the case of professions requiring university qualifications, employees must supply a copy of the degrees certified by the UAE Ministry of Foreign Affairs after translating them into Arabic,

An employment visa cannot be issued to Palestinians holding Egyptian documents,

135 AED fee for employment visa (to be issued in two weeks)

To transfer the sponsorship of an employee at the University from another party, the following procedures are required:

First – the sponsorship of any staff member cannot be transferred to the university from a non governmental working party to the university

Second - in the case transfer of sponsorship from the government to the university, the following procedures are required:

Notifying the Department of Human Resources to issue an employment visa for the appointed employee in the University, specifying the job, basic and total salary,

A no Objection letter from the former sponsor,

The original passport of a validity of not less than 6 months,

A copy of the labor ID of the new sponsor "credit signature" of the Department of Naturalization and Residency,

6 recent colored photos.

For the issuance of an employment residency for the employees of the University by virtue of a visa or sponsorship transfer by the university sponsorship, the following procedures are required:

Presence of staff members at the Public Relations Department directly upon arriving to the State,

The original passport and a copy of a validity of not less than 6 months,

The original employment visa, specifying the date of entry or the form of sponsorship transfer after approval,

The results of a medical examination issued by the Department of Preventive Medicine at the Ministry of Health,

The results of fingerprinting delivered by the Police General Department of Ajman,

2 recent colored photos,

350 AED fee for residency issuance (this procedure takes 10 days and is valid for three years).

To renew the residency of staff members of the University, the following is required:

Presence of the staff member at the Public Relations Department before 1 month before the end of his/her stay,

The original passport and a copy of which the validity should not be less than 6 months,

Notification from the Department of Human Resources to approve the renewal of residency of the staff member,

The results of a medical examination delivered by the Department of Preventive Medicine at the Ministry of Health,

The results of fingerprinting issued by the Police General Department of Ajman,

350 AED fee for residency issuance(this procedure takes 10 days an is valid for three years)

To cancel the residency of a staff member from the university sponsorship, the following is required:

The original valid passport and residency

A no reliabilities letter issued by the university administration,

Cancellation of residency takes a period of two working days,

The staff member whose residency is cancelled is given 30 days to leave the State if, and only if, the residency validity at the time of cancellation is effective,

In case the residency of the staff member terminates at the time of cancellation, he/she is to pay a fine resulting from the delay, gets a leave permit after paying a 100 AED fee, and leave the State on the same day of cancellation.