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Wednesday, September 25, 2013

Expatriate residents in UAE to pay Dh500 for health cards from Spetember

Dubai – Expatriate residents will have to pay a fee of Dh500 for issuing and renewing their health cards that will enable them to receive medical treatment at government hospitals and facilities across the UAE.

The move is in line with the Cabinet resolution, issued by His Highness Shaikh Mohammad Bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai.

The decision provides for levying Dh500 for issuing and renewing health cards for expats of all ages. It will come into force on September 30, the Ministry of Health announced today. Earlier, the health card issuance or renewal fee was Dh300.

Shaikh Mohammad has issued resolution No 18 for 2013 concerning the fees of health cards and curative and diagnostic services for non-nationals.

According to the resolution, an additional fee of Dh300 will be charged for the issue of a health card in lieu of a lost one.

Article No 3 of the decision stipulates that the fees will be levied against curative and diagnostic services provided by the Ministry of Health to expats holding health cards. These fees will be doubled for those who do not hold ministry-issued health cards.

Monday, September 9, 2013

Non-Muslim UAE expats advised to write will or face family disputes

Abu Dhabi/Dubai: Non-Muslims living in the UAE should make a will in case of death or undergo time-consuming procedures to ensure that the inheritance scheme is implemented according to their own country’s laws, experts said.
Failure to do so may result in family disputes, according to a report by the Ministry of Interior’s monthly publication, 999 Magazine.Only about 10-20 per cent of expat residents in the UAE have taken legal steps towards asset distribution, according to the report.

Sources confirmed that a comprehensive will ensures that a person’s possessions are distributed according to his wishes in the event of death. “Oftentimes the family of the deceased can obtain official documents from their country of origin asking that distribution of assets be done according to their country of citizenship,” said Emirati lawyer Hussain Al Jaziri.

In Islam, the rules of inheritance are made clear and oftentimes there is no need for a will. However, Muslims can write a will in which they can give out only one third of their property to non-family members, including charity organisations and the less fortunate.

Additionally, Lt Col Awad Saleh Al Kindi, editor-in-chief of 999, said: “There’s a need for residents to be aware of the inheritance rules in the country. This is important to preserve peace and harmony within the family, which forms the basic unit of our society.”

For non-Muslim expatriates who don’t have a will, there is a likelihood that Sharia law or forced rules on inheritors will apply. The court may also decide on who takes care of the surviving children upon the untimely death of the parent/s. If the expatriate has assets outside the UAE, he could lose a huge proportion of his inheritance to excessive taxes.

“If you want the right money in the right hands at the right time, the starting point is a properly executed last will and testament, without which your dependants may be in dire straits for some considerable time before assets are released,” Steve Gregory, managing partner at Holborn Assets, told Gulf News.

“Worse, without a statement about guardians for the children, courts have no reason to follow what might seem reasonable, and may make decisions that leave children with grandparents or others whom the parents may never have wanted.”

Gregory explained that a valid will is required in every jurisdiction where there are assets. So, someone with properties in the UK and France and bank accounts in the Isle of Man and UAE, already has four jurisdictions for his executors to deal with.

If a non-expatriate Muslim in the UAE has assets in the country and abroad, Gregory said it is advisable to get an international will or a similar document from their home country.

Andrew Prince at Acuma Independent Financial Advice explained that Sharia inheritance provisions are a form of forced heirship which is used in a number of countries, including France. “However, unlike France, in the UAE, the Sharia provisions will tend to pass a much greater share of the estate to the male bloodline. The female spouse, for example, may only receive one eighth of the estate held in the UAE,” he said.

“Additionally, your surviving family will have the extra problem that your Dubai, Abu Dhabi or UAE-based assets are likely to be frozen while the local legal system works through the process of assessing debts that need paying from your estate. The delay might be a couple of years or so getting all these matters dealt with,” he added.
    By Nada Al Taher, Staff Reporter and Cleofe Maceda, Senior Reporter Gulf News

Tuesday, July 30, 2013

Eid Al Fitr holiday announced in UAE

Federal government offices in the UAE will be closed from Wednesday, August 7, corresponding to Ramadan 29 and will reopen on the fourth day of the month of Shawal in celebration of Eid Al Fitr.

Shawal 4 falls on Sunday, August 11, if Eid begins on Thursday, August 8.

Work in the government will resume on Monday, August 12, if the start of the new lunar month of Shawal is not confirmed by Ramadan 29 and subsequently Ramadan completes 30 days.

The announcement was made on Tuesday by the Federal Authority of Human Resources.

Tuesday, July 2, 2013

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.