Can I leave my free zone job in UAE without penalty?

I joined a company under Jebel Ali Free Zone Authority (JAFZA) seven months back. The contract states that if an employee leaves within one year of joining, he has to reimburse the cost of visa and other expenses incurred by the company on him. I am now considering taking up a job with a company outside JAFZA. Kindly advise whether the company can enforce the terms of the contract and also if they would be entitled to put a ban on me.

In respect to the article in your contract which states that "if an employee leaves within one year of joining, he has to reimburse the cost of visa and other expenses incurred by the company on him", it is considered void and contrary to the Labour Law. But in this case, the employer is entitled to claim the compensation for the employee's violation of the labour contract, as the labour contracts in Free Zones like JAFZA are usually limited to two years.

Therefore, if the reader revokes the contract prematurely, then the company in this case has the right to claim ... compensation as he terminated the labour contract prematurely, and the amount of compensation varies between a maximum of Dh1,500 and Dh2,000.

Such an amount shall be determined according to the employee's position as well as salary.

The employer has the right to ask JAFZA to put a work ban for a year as such a work ban is applicable for JAFZA only.

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

One-year ban for false work permits:UAE Labour ministry

A one-year ban will be imposed on anyone who obtains a labour card with a company they are not really working for, said a senior Ministry of Labour official.
According to Humaid Bin Deemas Al Suwaidi, Assistant Undersecretary for Labour Affairs, the ministry is determined to overcome the problem of false labour ties between sponsors and workers.

Al Suwaidi said the ministry is moving forward with the implementation of measures to reduce such practices. He said the failure of the employer to cancel or renew a labour card for a worker may be considered a deception.
“The ministry is investigating all companies who are asking the ministry to reduce fines on labour cards,” he said.
“We also check if this specific establishment is really operating effectively and the number of the workers sponsored by this company and also if the company is abiding by the labour law,” he said.

He said if all conditions required by the ministry are applicable the ministry may reduce the fine, especially if it is proved that the employer is not aware of the procedures necessary to issue or renew labour cards.

“It cannot be flexible if is shown that there is no real working relationship between the employer and the worker,” he said.
He said in such cases fines will be imposed on such companies and no new work permits will be issued to such companies until all issues are settled with the ministry.

He said the fine imposed for delaying issuing or renewing labour cards after 60 days from the date the worker enters the country or from the date of the expiration of the labour card is Dh1,000 for each month of delay or part thereof.

He said the Ministry of Labour last year referred to the public prosecution 297 companies proved to be closed and which had many workers still on their sponsorship.

He added that last year 950,000 labour cards were issued by the ministry to various companies in the country.Workers who obtain false work permits from any company will not be allowed to work here for one year, he added.

Failure to pay workers' salary for two months or more can affect all companies under same owner - UAE Ministry of Labour

The Ministry of Labour has begun applying new procedures for issuing work permits.

This came within the implementation of a decree issued by the Minister of Labour, Saqr Ghobash, through which he re-regulated the procedures adopted.

New procedures will also be in place for opening records for business owners whose companies commit five types of violations.

The violations include failing to pay workers' salary for two months or more - taking into account the period during which the wages were stopped being paid and the number of workers affected by the violation.

These procedures will also be applied on companies owned by partners of the violating company.

The new procedures are based on a mechanism of notifying the concerned business owner of the committed violation.

It also grants business owners a grace period to settle the violation before their other businesses can be suspended, taking into account the imposed sanctions of the violating institution in accordance with the relating decrees.

Suspension of the other institutions includes preventing them from getting any type of work permits, whether for recruiting full or part-time workers or transferring labourers.

Other violations include failing to pay administrative claims of the ministry for months from the due date, not renewing or applying for work permits of workers for four months from his/her entry to the country or the date of joining the company.

New born baby need a visa in UAE

You must apply for a residency visa for a new-born baby within 120 days of his/her birth. If you fail to do this the child will not be allowed to leave the UAE and the legal guardian must pay an AED100 fine for each day over the 120 day period.

Documents Required:

• Application form

• Original passport for the baby (if the baby was added to one of his parent’s passport, take that one)

• Original + a copy of the baby’s birth certificate (must be attested by the Ministry of Foreign Affairs - Dubai office. Tel: 04-2221144)

• 3 passport sized photos of the baby

• Original + a copy of the attested marriage certificate

• Passport copy of sponsor.

• Copy of job contract for the sponsor or a salary certificate

Procedure:

• Go to a certified typing office and have them complete the form for you after paying the fees.

• Go to the residency section at the GDRFA  (Toll free 800-5111), and hand in the documents.

• The passport with the residency visa will be sent to you through a courier service.

Fees:

- AED 100 residence fees for each year.

- AED 115 adding fees.

 

UAE Federal laws give consumers right to get purchased product exchanged within 3 months

‘Goods once sold will not be taken back or exchanged’ is no longer the norm in the UAE, thanks to the efforts of the government to protect the rights of consumers, according to lawyer Abdullah Da’aives.

The UAE has both legislation to protect the rights of consumers and bodies competent to receive consumer complaints against dealers and take action to resolve them.

Abdullah Da’aives said this during the “Good Morning Dubai” programme broadcast on the Sama Dubai channel.

He pointed out that UAE federal laws give consumers the right to get a purchased product exchanged within three months in the case of consumer goods and six months in the case of durables.

The laws give buyers the right to seek compensation if the purchased product is damaged and the seller fails to repair or replace it, he added.The lawyer said buyers must keep the purchase invoice and certificate of warranty to ensure that their rights are protected.

If the buyer fails to resolve the matter with the seller, he can approach the Consumer Protection Department in the Ministry of Economy.

He said consumers must assert their rights if a defect is found in any purchased product instead of simply buying a new one.He added that informing the authorities may help prevent harm to other buyers, particularly in pharmaceutical and cosmetic products because authorities have the right to confiscateall similar products in the market, especially if they are past their expiry date.

The lawyer also stressed the need to activate a recent decision of the Ministry of Economy to ‘Arabise’ purchase invoices since there are many consumers who do not know the English language in which most bills are currently made.