59A7D41EB44EABC4F2C2B68D88211BF4 UAE Visa Rules & Procedures - UAE Law Updates for 2025

Wednesday, July 1, 2015

New residence visas or Renewal of existing visa linked to medical insurance in Dubai

 With effect from August 1, 2015, no new residence visas or renewal of existing visa applications will be processed without mandatory health insurance coverage in Dubai.
This rule will apply to companies with 100 too 999 employees that fall in Phase II of the coverage.
However, companies that fall under the Phase III of the implementation that ends in 2016 will be exempted from this.
In Phase I of the implementation that ended on October 31, 2014 all companies with above 1,000 employees were covered. In Phase II that ends on July 31, all companies with 100 to 999 employees will be covered.
In Phase III that will end on June 30, 2016, all companies with 100 or below employees, spouses, dependents and domestic workers will be covered concluding the phased programme of mandatory insurance coverage in Dubai which is in line  Health Insurance Law No 11 of 2013 passed by His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai.
The Chairman of the board of Dubai Health Authority, Humaid Mohmmad Al Qutami, said: “At the time that the law was introduced in November 2013, the insured population in Dubai was 1.1 million.

"Since the phased introduction, until now, an additional 1.2 million people are insured, bringing the total insured population in Dubai to 2.3 million. The second phase that ends on July 31 will insure an additional 600,00 people. This shows that employers are responding very well to the scheme. “

Employing a worker in UAE -Important things to know

Article 9
Work is deemed a right of the United Arab Emirates Nationals. Others may only work in the State in accordance with the conditions set forth herein and the decisions issued in application thereof.
Article 10
Should national workers not be available, the priority of employment shall be given to:
    The law: UAE labour contract termination
    UAE Labour Law: Disciplinary action

1 - Arab workers holding the nationality of an Arab State.
2 - Workers holding other nationalities.
Article 11
A National Employment Section shall be established in the Department of Labour and shall have jurisdiction to:
a - Find adequate job opportunities for nationals.
b - Assist employers in fulfilling their need of national workers whenever needed.
c - Register unemployed nationals or those searching for better job in a special register. Such registry shall be made upon their request, and the applicant shall receive gratis a certificate of such registration on the date of the submission of the application.
The registration certificate shall have a serial number and shall contain the name, age, place of residence, profession, qualifications and past experiences of the applicant.
Article 12
Employers may employ any unemployed national, and must in such event notify the Department of Labour thereof in writing, and such within fifteen days from the date of employment thereof. Such notification shall comprise the name and age of the worker, the date of employment thereof, the wage and type of work assigned thereto and the number of the registration certificate.
Article 13
It shall not be permissible to employ non-nationals in the United Arab Emirates without the prior consent of the Department of Labour and the obtainment of a work permit in pursuance of the procedures and rules stipulated by the Ministry of labour and Social Affairs.
Such permit shall not be granted unless the following conditions are met:
a - The worker must possess professional competence or academic qualifications needed in the country.
b - That the worker has lawfully entered the country and that he satisfied the conditions prescribed in the residence regulations in force in the state.
Article 14
The Department of Labour may not consent to the employment of non-nationals unless it examines the records thereof and ensures that there are no unemployed nationals registered in the employment section, capable of performing the required job.
Article 15
The Ministry of Labour and Social Affairs may cancel the work card issued to non-nationals in the following cases:
a - Should the worker remain unemployed for a period exceeding three consecutive months.
b - Should the worker no longer fulfils one or more conditions on whose basis the card is granted.
c - Should it show that a national worker is qualified to replace such worker. In such event, the worker shall remain in his position until the end of the contract term or the work card granted thereto, whichever is earlier.
Article 16
A special section for the employment of non-nationals shall be established in the Ministry of Labour and Social Affairs for the regulation of the work therein by a ministerial decision.
Article 17
No natural or juridical person may work as a medium for the recruitment or supply of non-national workers without a license therefore.
Such license may only be issued for nationals and in cases where the issuance thereof is deemed necessary. It shall be issued by a decision from the Minister of Labour.
Such license shall be for a period of one renewable year. The licensee shall be subject to the supervision and control of the Ministry. Said licenses may not be granted should there be an employment office affiliated to the Ministry or to the entity approved thereby operating in the region and capable of acting as a mediator in the supply of labour.
Article 18
Licensed labour mediator or supplier may not request or accept from any worker, whether prior or subsequent to his admission to employment, any commission or material reward in return for the acquisition of the work by the worker, or to charge the worker for any expenses unless as it is provided for or approved by the Ministry of Labour and Social Affairs.
Workers supplied by the employment mediator or supplier shall be deemed, upon their admission to work, workers for the employer. They shall be entitled to all the rights granted to the workers of the establishment where they work, and shall relate directly to their employer without any interference from the employment mediator whose task and relation with such workers shall end upon their supply to the employer and employment thereby.
Article 19
Rules, procedures and forms adopted by the public and private employment offices, the manner of coordination among the activities of such offices and the condition by virtue thereof the license for the establishment of employment offices or for the work as employment mediator or supply is granted, as well as the professional classification schedules adopted as basis of employment operations shall be determined by the decisions of the Minister of Labour and Social Affairs.

Source UAE Ministry of Labour

Wednesday, June 24, 2015

Employee rights under UAE Labour Law

Article 102
The disciplinary rules that may be inflicted by the employer or the representative thereof shall be :
1 - Warning
2 - Fine
3 - Suspension with reduced pay for a period not exceeding ten days
4 - Deprivation from or deferment of periodic bonus in establishments containing a system for such bonuses
5 - Deprivation from promotion in establishments applying a system for such promotion
6 - Dismissal from work without prejudice to the end of service gratuity
7 - Dismissal from work and deprivation from the total end of service gratuity or a part thereof. Such penalty shall not he inflicted for reasons other than the ones mentioned exclusively in Article 120 hereof.
Article 103
The disciplinary rules shall determine the cases where each disciplinary sanction set forth in the preceding Article shall be inflicted.
The Minister of Labour and Social Affairs shall issue, by means of a decision thereof, a model list of disciplinary rules and rewards to guide the employers in setting their own rules in this regard.
Article 104
The fine may be a specific amount or an amount equal to the wage of the worker for a specific period . The fine prescribed with regards to one breach may not exceed the wage of five days . Furthermore , for the settlement of the fines imposed on the worker , a maximum amount equal to the wage of five days may be deducted from the wage of the worker per month .
Article 105
Fines imposed on workers shall be recorded in a special register along with the cause and circumstances of imposition thereof as well as the name and wage of the worker. A special account shall be allocated therefore and the monthly proceeds thereof shall be used for the social welfare of the workers in accordance with the decisions issued by the Minister of Labour and Social Affairs in this regard.
Article 106
The penalty of deprivation of the periodic allowance may only be imposed once per year. Such allowance may not be deferred for more than six months.

Article 107
The penalty of deprivation of the promotion may not be imposed for more than one promotional cycle. The penalised worker shall be then promoted during the following promotional cycle should he meet the necessary conditions for such promotion.
Article 108
The financial differences from the deprivation of the promotion or allowance or the deferment thereof, of which the employer shall benefit, shall be registered in a special register along with the cause and circumstances of the imposition as well as the name and wage of the worker. A special account shall be allocated therefore and the monthly proceeds thereof shall be used for the social welfare of the workers in accordance with the decisions issued by the Minister of Labour and Social Affairs in this regard.
Article 109
No disciplinary sanction may be imposed on the worker for an act perpetrated thereby outside the work place, unless such act is connected to the work, the employer or the responsible manager. Furthermore, it shall not be permissible to impose more than one sanction or combine any disciplinary sanction with the deduction of any part of the wage of the worker in accordance with the provision of Article 61 hereof.
Article 110
It shall not be permissible to impose on the worker any of the sanctions set forth in Article 102 unless after the notification thereof in writing with regards to charges made against him , after having heard the worker and the defence thereof investigated, and after having recorded the matter in a minutes deposited in his personal file. The sanction shall be noted at the end of such minutes.
The worker shall be notified in writing of the sanctions imposed thereupon, the type and amount thereof, the causes of imposition and the sanction to be imposed in case of recidivism.
Article 111
The worker may not be accused of a disciplinary offence after thirty days of the discovery thereof. Furthermore, no disciplinary sanction may be imposed after sixty days from the date of the end of the investigation in the offence of which the worker is found guilty.
Article 112
As amended by Federal Law no. 12 dated 29/10/1986:

The worker may be temporarily suspended from work upon the charging thereof of a deliberate crime against life, property, honour, honesty or of carrying out a strike.

The suspension period shall commence on the date of the notification of the incident to the competent authorities and until the issuance of a decision thereby in such regard. The worker shall not be entitled to his wage during the said suspension period. Should a decision be issued for the non-prosecution or the acquittal of the worker, the latter shall be reinstated and paid the full wage for the suspension period, should such suspension be arbitrary from the employer.
Call centre For any Labour issues, call 800 665

Monday, April 6, 2015

Expats can add their UAE homes and properties to their will

For all those who’d been waiting eagerly for the launch of the DIFC Wills, which will ensure that wishes of testators are carried out even when it comes to immovable property, there’s finally good news.

After being much in discussion, DIFC is finally launching its Wills and Probate Registry by April 30, 2015.

The DIFC Wills and Probate Registry has been established under the jurisdiction of the DIFC Courts, however, it will operate as a distinct entity, as an ancillary body of the Dispute Resolution Authority, the third branch of the DIFC.

By virtue of the new Wills and Probate rules, individuals with assets in Dubai now will have the ability to register will in English language that creates legal certainty for the inheritance of their assets after death. It is a simple and efficient mechanism to pass on their estates according to their wishes, says DIFC.

As per the draft rules, those wishing to use the registry will have to pay about Dh10,000 to register their wills. This is more than double the charges that people incur with a normal will in Dubai and this includes lawyer’s fee, translation and attestation of wills with the Dubai Courts. But, there seems to be good news as the cost of registering a DIFC is likely to come down.

According to Diana Hamade, Attorney at Law & Legal Consultant, UAE Courts & DIFC Courts, International Advocate Legal Services, who is also a member of the drafting panel, revealed that the fee was set up at Dh10,000 but now they are looking into reducing it.

But even with the higher cost, many expats believe this could give them much needed peace of mind as it can reduce legal claims.

As of now, the expat will registered can only safeguard their interest as far as the movable assets are concerned but will fall short if there are any immovable assets in the country.

The Civil Transactions Law of the country applies to real estate inheritance in the county. The same law outlines the procedure. While a sub-article of the said article states that if a person dies in the UAE, then the law of her/his country shall apply when it comes to the disposition of his real estate assets in the country.

However, the subsequent article states that all assets including real estate shall be governed by the UAE law.

However, the DIFC wills are expected to change this. “The DIFC wills will be executed as per the testator’s wish and enforced in DIFC Courts. There is no application of Sharia or law of any sort,” explains Hamade.

Tuesday, March 31, 2015

UAE drafting law for 100% foreign ownership of firms

 UAE  drafting a foreign investment law that would allow 100 percent foreign ownership of businesses in some sectors, the economy minister said on Monday.Sultan bin Saeed Al Mansouri, speaking at an international investment conference in Dubai, did not specify the sectors or say when the law might be passed.
The initiative may mark a more aggressive push by the Arab world's second biggest economy to attract investment. At present, foreigners generally cannot own more than 49 per cent of any UAE firm unless it is incorporated in a special free zone.

A new companies law, anticipated to take effect within months, was originally expected to relax this restriction, but that reform was dropped because of strong opposition from some Emiratis who feared they could lose out to foreigners.

Mansouri said on Monday, however, that the UAE was determined to diversify its economy beyond oil and saw foreign investment as a key way to do this."Economies face pressures from changes in the international environment, including the drop of the oil price," he said.
While Mansouri did not say how the new foreign investment law would work, it may require fully foreign-owned firms to transfer technology in sectors that are strategically important for the UAE. Officials have previously said they are keen to attract technology for industries such as aerospace.
New foreign direct investment (FDI) in the UAE rose 25per cent to $13 billion in 2014, Mansouri said, adding that the government aimed to raise FDI to 5 per cent of gross domestic product in coming years. GDP was Dh1.540 trillion  ($420billion) last year, he said.