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Monday, March 25, 2013

Can company enforce 1-year ban in UAE if terminates contract

The UAE Ministry of Labour has moved a case to its Legal Department to rule on a case which has raised the issue of whether a company that has cancelled the contract by issuing a termination letter can enforce a one-year employment ban on that employee.
A report in local Arabic daily Al Khaleej cited the ministry’s clarification made in a case where a female employee had been issued a one-year ban by her company.
The ministry stated that if the employee has violated the contract in any away, then irrespective of resignation or termination, a ban can be enforced.Despite the ministry ruling that in this case the ban was applicable, the details of the case raised many questions that needed clarification.

The ministry first clarified that an investigation into the case revealed that the company had issued her a termination letter, which she was using to get the ban lifted.
The employee claims that the end of her employment was signed off by the employer after only three months of her working there.The company has claimed that she violated the terms of the contract, which the ministry probe held as true and therefore, a ban in this case is fair.The final ruling, however, is now with the Legal Department of the Ministry of Labour.

Thursday, March 21, 2013

UAE residents with travel bans can now pay and fly

Residents with unsettled bills can now leave the country by paying the outstanding amount at the Dubai Airport — thanks to the new ‘Pay as you go’ service.

Launched this week by Dubai Court with the General Directorate of Residency and Foreigners Affairs (GDRFA), in cooperation with Dubai Police and Emirates NBD, the service allows residents to clear any financial claims against them at the immigration counter before boarding their flight.

The new system not only aims to carry out rulings issued by courts and the judicial committees, but also help people with unsettled bill–related travel bans to clear the amounts at the immigration counter using the new electronic pay-as-you-go system.

When someone with a travel ban approaches the immigration counter, the officer issues a letter with the outstanding amount, which is then sent to the bank’s counter at the airport along with the case file number and the amount the convict is required to pay.

Two copies of the payment receipt are then made and one is kept with the bank for record. The other is sent to the immigration counter where the payment details are matched with the case file. Once the verification is made, the payment receipt is sent to Dubai Police who then lift the travel ban, allowing the person to board the flight.

Sunday, March 17, 2013

Teenage work permit must for part-time work in UAE

  • From January 2011, teenagers from 15-18 years of age can find jobs in the UAE after obtaining a teenage work permit from the MOL.
  • There are restrictions on the type of work and hours of employment. Ministerial decree 1189 for 2010 specifies 31 categories of work in which juveniles are not permitted to work, including underground jobs in mines, quarries, and other work related to mining; furnaces of melting metals; oil refining; bakeries; asphalt industry.
  • Some reports refer to the work permit as part-time only but it appears that full-time work is permitted.
  • Validity period of juvenile work permit is one year maximum.
The Ministry of Labour official added that teenagers in the age group 15-18 years are allowed to work even with promotional companies, on obtaining a teenage work permit from the Labour Ministry.
The official said that there are certain restrictions on the type of work and hours of employment for teenagers aged between 15-18.
The official said that before employing a juvenile, employers should retain copies of certain documents in the juvenile’s personal file, such as a birth certificate, physical fitness certificate issued by a specialised physician and written consent from the juvenile’s guardian. Further, the employment of a juvenile is prohibited when the job requires night shifts, or is of a hazardous nature or harmful to health, such as underground jobs in mines, quarries, furnaces, oil refining, the asphalt industry and bakeries.
The official said when the working hours of an underage person exceed six hours a day, one or more breaks should be provided. Juveniles are not permitted to work overtime, or on holidays. A juvenile work permit has a validity period of one year.
He said promotional companies without a trade licence are illegal and they cannot employ anyone, including underage people.
“In case the promotional company did not pay for the employee even if they are underage they can complain to the ministry of labour,” the official said.
The official added that if a promotional company is employing underage people without a labour contract they can file an official complaint at the Ministry of Labour with proof that they worked for the company and the ministry will take action against the company.

Wednesday, March 13, 2013

President His Highness Sheikh Khalifa bin Zayed Al Nahyan approved New Cabinet

President His Highness Sheikh Khalifa bin Zayed Al Nahyan has approved the formation of the new Cabinet, presented by the Vice President and Prime Minister and Ruler of Dubai, His Highness Sheikh Mohammed bin Rashid Al Maktoum.

The President wished the new ministers good luck and success, expressing his thanks and appreciation to the ministers for the efforts they exerted in serving their homeland.

The following is the new list of ministers, headed by the Vice President and Prime Minister, Minister of Defence and Ruler of Dubai, His Highness Sheikh Mohammed bin Rashid Al Maktoum

•His Highness Lt.-General Sheikh Saif bin Zayed Al Nahyan, Deputy Prime Minister, Minister of Interior

•His Highness Sheikh Mansour bin Zayed bin Zayed Al Nahyan, Deputy Prime Minister, Minister of Presidential Affairs

•His Highness Sheikh Hamdan bin Rashid Al Maktoum, Minister of Finance

•His Highness Sheikh Abdullah bin Zayed Al Nahyan, Minister of Foreign Affairs.

•Sheikh Nahyan bin Mubarak Al Nahyan, Minister of Culture, Youth and Community Development

•Sheikh Hamdan bin Mubarak Al Nahyan, Minister of Higher Education and Scientific Research

•Sheikha Lubna bint Khalid Al Qasimi, Minister of Development and International Cooperation

•Mohammad Al Gergawi, Minister for Cabinet Affairs

•Sultan bin Saeed Al Mansoori, Minister of Economy

•Mariam Mohammed Khalfan Al Roumi, Minister of Social Affairs

•Humaid Mohammed Obeid Al Qattami, Minister of Education

•Abdul Rahman bin Mohammed Al Owais, Minister of Health

•Saqr Ghobash Saeed Ghobash, Minister of Labour

•Dr Anwar Mohammed Gargash, Minister of State for Foreign Affairs ( Minister of Federal National Council of Affairs )

•Dr. Hadef Jowan Al Dhahiri, Minister of Justice

•Dr. Rashid Ahmed bin Fahad, Minister of Environment and Water

•Suhail bin Mohamed Faraj Fares Al Mazrouei, Minister of Energy

•Abdullah bin Mohamed Belhaif Al Nuaimi, Minister of Public Works

•Obaid Humaid Al Tayer, Minister of State for Financial Affairs

•Dr. Maytha Salem Al Shamsi, Minister of State

•Reem Ibrahim Al Hashimy, Minister of State

•Dr. Sultan bin Ahmed Sultan Al Jaber, Minister of State

•Abdullah bin Mohammed Ghobash, Minister of State

UAE Cabinet reshuffle- Four fresh faces, new ministry

A major Cabinet reshuffle, replacing the Energy Minister, creating Ministry of Development and International Cooperation and merging of Economy and Foreign Trade ministries, was approved by President His Highness Shaikh Khalifa Bin Zayed Al Nahyan.

Shaikh Khalifa wished the new ministers success in their duties, and expressed his  gratitude to them for the efforts they have exerted in the service of their nation.

His Highness Shaikh Mohammad Bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai,  on Tuesday  announced the Cabinet reshuffle, the second to the seventh Cabinet formed in 2006.

Shaikh Nahyan Bin Mubarak Al Nahyan, who has been Minister for Higher Education and Scientific Research for more than 20 years, has been named Minister of Culture, Youth and Community Development in the Cabinet reshuffle. The new Cabinet members  include, Suhail Bin Mohammad Al Mazroui, who will head the Ministry of Energy, replacing Mohammad Al  Hameli, who has left the Cabinet.

Among the new faces are Sultan Ahmad Al Jaber, the CEO of Abu Dhabi-based Masdar, who becomes Minister of State, and Abdullah Bin Mohammad Gobash, who also becomes Minister of State.

Abdullah Bin Mohammad Al Nuaimi, another new minister, has been appointed Minister of Public Works. He replaces Shaikh Hamdan Bin Mubarak Al Nahyan, who  was appointed Minister of Higher Education and  Scientific Research.

Former Minister of Foreign Trade Shaikha Lubna Al Qasimi has been appointed Minister of Development and International Cooperation, a newly created portfolio.

Abdul Rahman Bin Mohammad Al Owais, former Acting Minister of Health, and Minister of Culture, Youth and Community Development, is now Minister of Health.

   
The new cabinet is as follows:

    Lieutenant General Shaikh Saif Bin Zayed Al Nahyan: Deputy Prime Minister and Minister of Interior
    Shaikh Mansour Bin Zayed Al Nahyan: Deputy Prime Minister and Minister of Presidential Affairs
    Shaikh Hamdan Bin Rashid Al Maktoum: Deputy Ruler of Dubai and Minister of Finance
    Shaikh Abdullah Bin Zayed Al Nahyan: Minister of Foreign Affairs
    Shaikh Nahyan Bin Mubarak Al Nahyan: Minister of Culture, Youth and Community Development
    Shaikh Hamdan Bin Mubarak Al Nahyan: Minister of Higher Education and Scientific Research
    Shaikha Lubna Al Qasimi: Minister of Development and International Cooperation
    Mohammad Abdullah Al Gergawi: Minister of Cabinet Affairs
    Sultan Bin Saeed Al Mansouri: Minister of Economy
    Mariam Al Roumi: Minister of Social Affairs
    Humaid Mohammad Obaid Al Qutami: Minister of Education
    Abdul Rahman Mohammad Al Owais: Minister of Health
    Saqr Gobash Saeed Gobash: Minister of Labour
    Dr Anwar Mohammad Gargash: Minister of State for Foreign Affairs and Minister of State for Federal National Council Affairs
    Dr Hadef Jua’an Al Daheri: Minister of Justice
    Dr Rashid Ahmad Bin Fahd: Minister of Environment and Water
    Suhail Mohammad Al Mazroui: Minister of Energy
    Abdullah Belhaif Al Nuaimi: Minister of Public Works
    Obaid Humaid Al Tayer: Minister of State for Financial Affairs
    Dr Maitha Salem Al Shamsi: Minister of State
    Reem Ebrahim Al Hashemi: Minister of State
    Sultan Mohammad Al Jaber: Minister of State
    Abdullah Mohammad Saeed Gobash: Minister of State
    Dr Mohammad Bin Dha'en Al Hameli, previously the Minister of Energy, was the only person to leave the Cabinet.