UAE approves final draft of foreign ownership bill

The UAE has moved a step closer to issuing a new companies law that may allow 100 percent foreign ownership in some sectors, after its ministerial committee for legislation approved the final draft.

UAE newspaper Al Ittihad said on Monday, citing the legal advisor at the ministry of economy, the draft awaited approval from the cabinet, before final endorsement from the federal national council.

The advisor, Ahmed Moussa,  there were at least five legislative projects in the works, planned for completion before the end of the year.By UAE law, only nationals are allowed full ownership of companies operating outside of free zones. The law requires foreigners to have a UAE national as a partner or sponsor to conduct business.

In February, Qatar issued a law allowing full ownership of companies for expatriates in certain sectors. (Reuters)

One-year ban imposed by the Ministry

I worked in a company and ended my relationship with them six months ago. A one-year ban was imposed on me by the Ministry of Labour as per the request of the employer and then I left the country. Presently, the employer is ready to provide me with a letter to submit before the Ministry of Labour to lift such ban, however, some friends told me that the one-year ban can not be lifted at the sponsor’s request, this is applicable to the six months ban only which can be lifted as per the earlier sponsor request. Please advise.

A one-year ban made at the sponsor’s request can be lifted as per the request of such sponsor.

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

GCCs urge set out duties for workers' recruitment agencies-99th annual conference of the International Labour Organisation

The Gulf Cooperation Council (GCC) member states stressed on Friday that the proposed international agreements on domestic workers should discuss the duties of recruitment agencies that brought the workers from abroad.

According to Kuwait's newswire Kuna, this came in a speech by Director of the General Immigration Department of Kuwait's Interior Ministry, Major General Kamil Al Awadhi, on behalf of the GCC states, at the 99th annual conference of the International Labour Organisation (ILO).

He said that it was important that recruitment agencies brief the domestic workers about their rights and duties, as well as the culture of the societies that they would be working in.

Al Awadhi stressed that domestic workers in the Gulf countries lived in the houses of citizens and were treated as members of the families at which they worked.

They get proper accommodation and meals, he pointed out.According to Kuna, the GCC states coordinate with each other and exchange information on policies regarding dealing with workers, the minister said.The member states issue joint regulations and review them regularly, he highlighted, emphasising that GCC countries were keen on preventing human trafficking and on protecting the rights of foreign workers in compliance with international conventions, the newswire added.

Al Awadhi said that the increase in the number of domestic workers in the Gulf region created great challenges that were dealt with seriously.Kuwait is representing the GCC states at the conference that will conclude on June 18.

The Kuwaiti delegation taking part in the event is headed by Minister of Social Affairs and Labour Dr. Mohammad Al Afasi, Kuna added.

No family visa cancellation required for job change in UAE

Expatriates changing their jobs in UAE will no longer be required to cancel visas of the family members under their sponsorship.However, they have to deposit a bank guarantee of 5,000 dirhams ($136) for each family member with the Department of Naturalisation and Residency (NRD), a 'Khaleej Times' report said quoting official sources. 

The applicant can get the bank guarantee refunded once he obtains the new residency permit and the residence visas of his family members and sponsored ones will be automatically transferred to him without paying any new fees. 

"The employee or resident must apply to the NRD (before the cancellation procedure) for not cancelling the visas of members of his family or those under his sponsorship. 

He should attach the 5,000 dirhams bank guarantee, the new employment permit issued by the Ministry of Labour to the new sponsor, and the job offer letter from the new employer," Major-General Nasser Al Menhali, Acting Interior Ministry Undersecretary for Naturalisation, Residency and Exit Affairs, told the newspaper. 

He said the latest arrangement is being made with a view to streamlining procedures for expatriate residents without adding to their financial burdens. 

According to the report, the Ministry found that many residents cancelled residence visas of their families and sent them home when they cancelled their own visas even though they have applied for new job visas.

Employer has filed an absconding case

A reader from Dubai asks: My husband was working in a trading company for the past three years and after completing his third year, he renewed his visa. But during the global economic recession, the manager of the company asked my husband to look for a new job. My husband managed to get a job offer from another company, but when requested the company to cancel his visa, he learnt that the local sponsor of his old company had filed an absconding case against my husband and some others working in the company. They claimed that my husband had completed only one year with the company, however, my husband’s residency visa shows the date of joining the company. We tried to contact the manager regarding this issue, but we could not get hold of him as the company was closed permanently. We finally contacted the company’s local sponsor, who told my husband that he should go home and stay there for six months and then he will cancel his visa, so my husband left the UAE and stayed in India for seven months. However, when I contacted the sponsor following the elapse of this period, he asked me to bring my husband’s labour card to cancel the visa, which I did. He then asked me to call him after one week, but when I did, he told me that he will cancel the visa but does not know when it will happen, adding that it may even take a year. I’m in a very difficult situation because I am living here with my son while my husband is out of the country and we need him with us. What can I do now?

I would like to clarify to the questioner that if she failed to reach an amicable solution with the employer concerning her husband, she shall file a complaint before the Ministry of Labour to request the cancellation of her husband’s visa. The Ministry of Labour will call the sponsor in this regard and settle the matter. Also, she should make sure whether the employer has filed an absconder complaint against her husband while abroad, as the Labour Law does not entitle the employer to file an absconder complaint against the worker while he is outside the country.

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