Naturalization and Residency Prosecution initiatives A'awiddne to compensate the sponsor

A'awiddne  is one of the initiatives by Naturalization and Residency Prosecution so as to compensate the sponsor with Five Thousand Dirham from the amount of fine imposed by the court and this is as a result of his absconding worker being hired by another person pursuant to the Article No. (34) repeated of the Law of Entry and Residence of Foreigners No. (6) of 1973 concerning Immigration and Residence as amended by the Federal Law No. (7) of 2007.

Purpose of this initiative:

1. Enforcing the Law of Entry and Residence of Foreigners.
2. Mitigating the losses of the sponsor.
3. Compensating the sponsor by five thousand dirham.
4. Increasing the clients' satisfaction.

Regulations of enforcing this initiative:

1. Applicant must be the sponsor of the violator.
2. He must have filed the absconding report before arresting the violator.
3. Employer must be arrested and sentenced by fine.
4. Sentence of fine must be final and conclusive.
5. Convict has paid fully the fine imposed.


Mechanism of enforcing the initiative:

1.Cases of employing absconding workers sentenced by fine will be sorted out.
2.Make sure that the employer has paid the fine amount and the conditions are applicable to the sponsor.
3.Contact the sponsor and ask him to submit a request for compensating the sponsor along with enclosing his identity proof.
4.Request is presented to the chief prosecutor and after approval, it will be transferred to the account section to disburse the money.
5.Amount will be disbursed within five working days.

No bank loans for UAE residents without Emirates ID card

The Emirates Identity Card could soon be one of the must-have documents when applying for a loan or to get other bank services and facilities as well.
According to a report in Emarat Al Youm, citing, a UAE Central Bank circular, all banks and finance companies and houses operating in the country are to request the Emiartes ID of a customer applying for banking facilities.
The report says the circular, issued by Saeed Al Hamiz, Assistant Governor, UAE Central Bank, specifies loans will not be granted without the national identity card.
The newspaper adds that the circular was issued at the request of Obaid Humaid Al Tayer, Minister of State for Financial Affairs and Chairman of the Federal Credit Bureau.
A central bank official who asked not to be named said that under this circular individuals will not be able to get any loans or financing without providing the national ID card.
The official clarified that the customer's passport is no longer sufficient to accomplish bank transactions.

The Emirates Identity Authority (Eida) has tied up with a local bank to experiment the use of ID cards in banking transactions.
According to a report in the Arabic daily ‘Emarat Al Youm’, the authority helped a client open an account with a local bank.
The transaction was quicker by at least 20 minutes, said Dr Ali Mohammed Al Khouri, General-Director, Eida.
The bank staff was able to quickly download all necessary client information from his ID card, thereby saving time. The process is also safer and more accurate, he added.
It is now up to the UAE Central Bank and individual banks to decide how to use ID cards to enhance their services, he said.
Dr Al Khouri said ID cards could also be used to deposit and withdraw money in future.

At present, Eida is also in the process of linking up with all government institutions.

Emirates ID card to open bank account

The Emirates Identity Authority (Eida) has tied up with a local bank to experiment the use of ID cards in banking transactions.

According to a report in the Arabic daily ‘Emarat Al Youm’, the authority helped a client open an account with a local bank.

The transaction was quicker by at least 20 minutes, said Dr Ali Mohammed Al Khouri, General-Director, Eida.

The bank staff was able to quickly download all necessary client information from his ID card, thereby saving time. The process is also safer and more accurate, he added.

It is now up to the UAE Central Bank and individual banks to decide how to use ID cards to enhance their services, he said.

Dr Al Khouri said ID cards could also be used to deposit and withdraw money in future.

At present, Eida is also in the process of linking up with all government institutions.

Problems at work

My company has signed my labour contract but didn’t give me a copy so I don’t know whether my contract is limited or unlimited. Is this legal or not? There are a lot of accommodation and other problems. According to my appointment letter, they offer an HRA but are refusing to give it due to the global recession.

So can I resign on these grounds? What will my position be if my resignation is against the labour law. I work in the private sector. The company has signed a letter saying that if I leave my job before the end of my contract, I have to pay

Dh9,000. Is this legal?

I have completed eight months in this company. If I resign for the reason that I’m not getting my rights as per the labour law, what action can the company take? Note: I hold a diploma.

Answer: The questioner may obtain a copy of the employment contract upon reviewing the ministry as well as the typing offices which deal with the Ministry of Labour. Failure of the employer to give the questioner a copy of his employment contract is contrary to the law. The employer is bound by what is contained in the appointment letter, if the employer has failed to apply what is stated in the letter, the questioner should file a complaint before the Ministry of Labour.

With regard to the penalty clause of imposing Dh9,000: if the questioner’s contract is limited, in this case, by law he should compensate the employer for a period not exceeding 45 days of his salary or the remaining period of the contract (if the employer proves that the employee has caused damage and a loss to his company by breaking the limited contract) but if the labour court judgment states that the employee was forced to break the contract it is considered arbitrary dismissal.

In this case the labour court will direct the employer to compensate the employee. But if the contract is for an unlimited period and he has violated the labour law, such a clause will be at the court’s discretion, as the latter might reject such a clause on the basis that it is against the worker and in accordance with UAE Labour Law, article 7 which states: “Any stipulations contrary to the provisions of this law, even if it was made prior to its commencement, shall be null and void unless they are more advantageous to the worker.”

Anyway, I would like to advise the questioner not to submit his resignation now, as he has only completed eight months, and therefore, if he submits his resignation, the Ministry of Labour — as per the employer’s request, will impose a one-year ban due to him breaking the limited contract but if the labour contract is unlimited the Ministry of Labour will impose a six-month ban because the questioner did not complete two years in service but the questioner can lift the ban if he finds a new job with a salary of Dh7,000 as long as he is holds a diploma. But in case the labour court finds breaking the contract (limited or unlimited) is as per the labour law the Ministry of Labour as per this judgment will not impose a ban and also will allow the questioner to work for a new company on any salary.

Two-month amnesty to illegal residents in UAE

 Abu Dhabi: A two-month amnesty has been granted to illegal residents, allowing them to leave the country without penalty or regularise their visas, a senior official said on Tuesday.

 Major General Nasser Awadi Al Menhali, Assistant Undersecretary for Naturalisation, Residency and Ports Affairs, told a news conference: “Illegal residents who overstayed their visas can visit residency departments across the UAE to obtain outpasses and leave the country without penalties, or regularise their visas, after payment of fines between December 4 and February 3.”

Al Menhali stressed the amnesty, approved by the Cabinet of Ministers in April, covers only those who overstayed their visit or resident visas, but not infiltrators, who he said will be treated like criminals.

He encouraged illegal residents to come forward and take advantage of the amnesty as soon as possible and not to wait for the deadline or miss it, “because there will be no extension or exception whatsoever of the amnesty scheme”.

Major General Al Menhali added a resident who overstayed his or her visa can come forward with their passports and air tickets to obtain an outpass, get their fines waived, and leave the country.

 Passports withheld by residency department in absconding cases, will be handed over to their holders, he said.

He said those who wish to regularise their visas have to pay all fines accumulated as a result of their overstay of their visas, warning illegal residents who fail to make use of this amnesty that from February 4 they will face the full force of the law.

 “This is the fourth amnesty scheme and we are hopeful, illegal residents who did not avail of the previous schemes will do so this time.”

 As many as 342,000 illegal immigrants took advantage of the last amnesty declared in 2007.

Official statistics showed that 341,958 illegal residents availed of the amnesty by either legalising their stay or by leaving the country.

While 95,000 illegal workers legalised their status, nearly 175,000 left the country.
Around 300,000 illegal immigrants left the country under the second amnesty which ran between January and April, 2002.

In 1996, about 200,000 illegal residents left the country under a six-month long amnesty.

The move to allow passage to illegal foreigners stuck in the UAE for violation of various immigration rules and regulations is meant to clear the country of thousands of them but Major General Al Menhali declined to say how many illegals were expected to make use of this amnesty or the statistics of those already arrested since the last amnesty.

Major General Al Menhali said that illegal foreigners arrested are also granted this amnesty and allowed to leave the country as long as they do not have any pending cases.

“Illegal foreigners will be issued outpasses after any pending cases or dues are settled,” Major General Al Menhali said.

Al Menhali said residency departments across the country will be organising several awareness campaigns and press briefings to educate the public about the amnesty and the need for illegal residents to take advantage of this gesture.

For any information about the amnesty, people can call toll free telephone number 8005111. It will be a 24/7 service in Arabic and Englis