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Thursday, March 28, 2013

community service’ sentences in UAE by early next year

The UAE will soon adopt the alternative penalties law, said Dr. Jamal Al Sumaiti, Director General of Dubai Judicial Institute as reported Emarat al Youm.

He said that the bill on alternative measures like ‘community service’ in cases of misdemeanors and minor violations instead of imprisonment, is being considered.

He added that a federal committee of advisers, experts and heads of public prosecutions in addition to lawyers, reviewed the draft law and decided that it can be applied by early next year at the most.

However, members of the Federal National Council say it will be more expensive for the government to apply it. Other members said that the imprisonment of short duration is useless and will never be a deterrent.

Dr Al Sumaiti said that the bill will be re-submitted to the Cabinet and then presented to the President His Highness Sheikh Khalifa bin Zayed Al Nahyan, for approval.

He explained that the alternative Penal Code cannot be applied on all convicts, or drug addicts as they should be placed in the center for rehabilitation.

The committee studying alternative punishments reviewed the experience of other countries to identify the best way of applying what fits the local environment and the values prevailing in society.

Earlier, the Cabinet approved the federal law of alternative punishments which lists  20 offences that call for community service ranging between 20 to  240 hours.

By applying the new code, the UAE will be the first among Arab countries to adopt such type of law.

Additional cost

Chairman of the Interior and Defense Committee at the Federal National Council, Dr. Yaqoub Al Naqbi, said that the application of the new law of alternative punishments will incur the UAE more money than they spend on regular penalties.

He added it would require the presence of security for monitoring and follow-up, as well as increase the possibility of escape by offenders.

He called for internal alternative measures such as establishment of workshops in prisons for such prisoners. He added such workshops such as carpentry for men, and sewing and embroidery for women, will help in rehabilitating the prisoners.

He called on investors to help implementation of such projects in prisons as they will profit from it. This will also reduce the financial burden on the government.

Good for UAE

Ahmed Ali Al Za'abi, head of the legislative committee in the FNC, said that short-term imprisonment is not working and is not a deterrent. On the contrary, it opens the opportunity to learn crime from hardened criminals in prison.

Al Za'abi demanded the abolition of short-term imprisonment entirely and its replacement with financial fines followed by deportation - this will help the punitive and correctional institutions.

Said Al Ghilani, a lawyer, said that the Alternative Penal Code would be more of a deterrent.

He pointed out that it will ease the problem of overcrowding in prisons, which often causes the transmission of diseases among prisoners.

Al Ghilani stressed the importance of alternative penal code which will prevent the mingling of prisoners with each other, which will prevent the development of the criminal inclinations to the offenders who were convicted in simple cases.

He added in simple cases offenders entered prison for the first time on issues such as the abuse of narcotic substances but later became drug dealers, after being educated in prison at the hands of criminals.

Al Ghilani stressed that it is possible for one policeman to control dozens of such offenders doing community service.

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