Labour Ban Free Rules Now Effective in UAE

The new Ministry of Labour (MoL) rules regarding employment contracts, termination and work permits will come into force starting January 2016. The new rule is part of the new resolutions issued by Labour Minister Saqr Ghobash Saeed Ghobash in September.However, workers in grade IV and V who have not completed six months with the first job are exempted from this rule, he added
According to the Ministry, employees will be allowed new work permits to join another facility immediately, even if the employee has not completed two years at the first facility.As per the new rules, a six-month labour ban will not be imposed on an employee, if he/she and the employer opt for mutual termination of job contract. 

The new rules have been designed to reinforce a "balanced and productive" relationship between employers and employees.They take into consideration the consent between the two parties; flexibility of movement in the labour market; and meeting the needs of employers to hire workers from within the country and abroad.

As per the new rules related to standard labour contracts, employers should apply for a quota from the MoL. The offer letter should contain a detailed description of the job offered as well as rights and duties of each party. This is to be made through a Tas'heel center. If the worker is in the UAE, he/she must sign the employment offer before the employer applies for a tentative approval to employ him/her.

A standard MoL contract has to be signed by the worker before it can be presented to the MoL for registration. No alteration or substitution of terms may be made unless it benefits the worker. After the offer letter is signed , employers must enclose it with the application to obtain an approval to issue a work permit. After the worker enters the country, he/she needs to sign the contract within 14 days.

Limited period contracts

•  Terms of the contract has expired and not been renewed
•  Employee and employers mutually terminate the contract, provided the worker has completed a period of six months
•  Employer initiates the termination of the employment contract

Unlimited period contracts

•  The two parties mutually terminate contract, provided worker has completed 6 months
•  One of the parties acts to terminate the contract and notifies the other party
•  The employer terminates the contract for reasons other than non-compliance by the worker

U.A.E Employers Face 14-day deadline to complete Labour contracts from 1st of January 2016

Starting January 1, 2016 ,U.A.E labor department insisting employers  bound to present approved labour contracts within two weeks of workers arriving in the country to join for work.
During a meeting held in Abu Dhabi on Tuesday, which was attended by 300 employers and government representatives, Humaid bin Deemas Al Suwaidi, Assistant Undersecretary for Labour Affairs, said: "Employers face a 14-day deadline to complete signature procedures following the workers' entry into the UAE. If the worker complains of any delays, then the ministry allows him to search for a new offer."
"The new measures implement three new decrees issued by Labour Minister Saqr Ghobash Saeed Ghobash recently with regard to regulating the labour market," he added.
The ministry has also relaxed its rule regarding the mandatory medical report to be submitted with a job contract.
After the new laws come into effect in the new year, the ministry will not issue new work permits to overseas workers or renew current residents' work permits if the employer does not present a unified signed contract. It will accept contracts which would be signed electronically by both parties regardless of the location of the workers or contracts with fingerprints, in specific cases.
Referring to the renewal of contracts, Al Suwaidi said that the signature grants workers free will to renew the contract or simply choose to end the relation and find a better offer or move back home.

This, Al Suwaidi said, would end misunderstanding between both parties.The move has been welcomed by companies and employees alike.

Three stages for hiring

The new procedures of recruiting foreign workers from outside the country for a two-year work visa will be in three stages.

Firstly, the employer applies for quota regardless of the number of workers recruited, the second demands handing over a printed offer letter containing a comprehensive description of their rights, duties, terms and conditions, through Tas'heel service centres or through the 'MoLApp' smartphone application.

"Secondly, employers should electronically sign a job offer, send it to the worker regardless of their location," Al Suwaidi said.

The job offer should then be either signed or fingerprinted as required.

The offer will be in both Arabic and English in addition to a third language that the worker understands, which can be available on the ministry's website.

"Each worker can review their work contract through the ministry's website after registering on it using their passport number, nationality and their transaction number as each has its own code," Al Suwaidi said.

During the work permit extraction stage, employers attach the signed offer letter by the worker for the initial approval.

The ministry then works on reviewing the application to make sure it meets all the requirements and then issues the permit, which allows the worker to come work in the country under a work permit.

Al Suwaidi also said that the electronic system will not allow new job offers for workers during the initial approval stages and replacing work permits will be treated according to specific procedures under issuing new work permit measurements.

"It's not mandatory to include medical report with job offers, especially that today we are electronic linked with the Residency and Foreigners Affairs, which does not issue workers a residence visa with medical report," he added.

U.A.E Revoke Six Month Labour Ban from January 2016

Effective from January 2016, there will be no six months ban if services are terminated in mutual agreement between the employer and employee. UAE Ministry of Labor has confirmed that the ban of six months will be cancelled beginning January if the work permit and employment are terminated in mutual agreement.The Ministry of Labour said that beginning January 2016, it will revoke the six months ban rule, if employee and employer opt for mutual termination of work permit.

The new rule is part of the new resolutions issued by Labour Minister Saqr Ghobash Saeed Ghobash in September.However, workers in grade IV and V who have not completed six months with the first job are exempted from this rule, he added
According to the Ministry, employees will be allowed new work permits to join another facility immediately, even if the employee has not completed two years at the first facility.
The ministry has completed procedures for implementation of the resolutions beginning next year, the report added.
Humaid Rashid bin Dimas Al Suwaidi, Assistant Undersecretary at Ministry of Labour, told Al Bayan that under the new resolution, employees who end their service in agreement with the establishments and cancel their work permits will be allowed to move to other establishments, even if they have not completed two years at the workplace.
However, workers in levels IV and V who have not completed six months with the first facility are exempted from this rule, he added.
Al Suwaidi said that currently workers who terminate their service through consensus and have completed two years are also not allowed to move to another facility immediately. They are allowed to join another job only after a period of six months from the date of cancellation of the work permit, he added.
As per the new resolution No. 766 of 2015 workers will be granted new work permits immediately beginning January, explained Al Suwaidi and added that this is so as long as both the parties fulfill the conditions agreed upon in the labour contract signed between them.

Al Suwaidi confirmed that the new Ministry rule aims to attract and retain talent, and is in line with the strategic goal of the government to being a knowledge-based economy attracting global talent.
He said the ministry aims to promote workers from within the country rather than bringing them from abroad, especially people with expertise.
Al Suwaidi said last year 340,000 workers who ended their service at one job could not get new work permits because they had not completed two years and the labour market thus could not benefit from experiences and skills.
 

Parent Visa In U.A.E,Sponsor Require Dh 20000 salary

Expatriates earning less than Dh 20,000 salary cant sponsor their parents on residence visas in the UAE.

The new ruling requires applicants to provide evidence of either having a minimum salary of Dh 20,000 or a monthly pay of Dh 19,000 plus a two-bedroom accommodation. 

Old Rule :

(UAE expatriates, holding valid resident visas having a minimum salary of AED 6,000 with accommodation or AED 7,000 without accommodation can get one year renewable resident visas for their parents or parents-in-law.

As per new regulations, you have to sponsor both your mother and father together and show proof that you are their sole provider and that there is no one to take care of them in your home country. However, if your parents are divorced or one is deceased, you should carry documentary proof, when visiting DNRD to obtain the entry permit visa, which is the first stage before you can apply for a residence visa. You also need to obtain a medical insurance policy for each parent with minimum coverage of AED 600 per year.)

Documents required for entry visa

• Typed application form

• Original passport of sponsor

• Passport copy of parent/s & 1 photo

• Proof of relationship from your embassy/consulate attesting both relationship and that you are sole provider for your parent/s

• Copy of job contract for the sponsor or salary certificate from employer.

A new requirement is submission of DEWA bill and your tenancy contract showing you have adequate space in your house for your parents (minimum 2 bedroom apartment). You need to get your tenancy contract stamped by the Land Department, certifying it is minimum 2 bedroom. In case your tenancy contract does not mention that you have at least 2 bedrooms, then you need to get an affidavit from your landlord and submit this as well.

Procedure:

• Take the documents and go to General Directorate of Residency and Foreigners Affairs - Dubai. Submit along with a letter from your side appealing on humanitarian grounds for entry visa for your parent/s. Enclose copies of all above documents along with your contact numbers. The Approval Committee will either confirm or reject your application within two weeks. If approved, go to next step.

• Have a registered typist complete the form after paying the fees.

• Go to the residency section of DNRD and hand in the documents.

• Entry Permit will be sent by Empost usually within 48 hours, or if you have applied for urgent visa, then you should receive it from the counter in a few minutes.

Fees:

• AED 20000/ refundable deposit (keep receipt safely for renewal or reimbursement, as this is paid back only when the visa is cancelled or in case your parent dies)
• AED 110 application fee + typing centre fee (or pay AED 100 more for urgent application)
• Convert entry visa to residence visa for parents
• Once your parents enter the country with the entry visa, you must convert it to a residency visa no later than 60 days from the date of entry.

Documents required for residence visa

• Application form & 3 photos of parent

• Original passport of parent/s and sponsor

• Original entry permit

• Health card or medical insurance policy for parent/s

• Refundable deposit receipt

• Original job contract or salary certificate of the sponsor

Procedure:

• Do a health check up and obtain a medical card.

• Take the documents and go to the General Directorate of Residency and Foreigners Affairs - Dubai.

• Have one of the typists there complete the form for you after paying the fees.

• Go to the residency section and hand in the documents.

• The passport/s with the residency visa stamp will be sent to you through Empost

Dubai Public Private Participation Law –PPP Law- Attract more private investment in 2016

Dubai New PPP Law draw more private investment into infrastructure projects in 2016, through the law, Dubai will be able to invite private companies and investors to finance and operate assets that otherwise would have been funded by government budgets.

With oil prices dipping below US$40 a barrel this month, the time to rely on private sector money may be more urgent that ever before not only for the UAE but for all Arabian Gulf countries.

With the IMF warning that some regional economies could use up their financial buffers within five years as they face a combined fiscal deficit exceeding $700 billion between 2015 and 2019, the incentive to go for PPP is urgent. Even Kuwait has revamped its PPP law to try to attract more investors to its slew of projects.

“In a high oil price environment, there was limited incentive for the regional governments to use PPP structures outside of the traditional power and water sectors,” says Dubai-based Mario Salameh, the head of project finance MENA at HSBC bank. “We will be watching closely for signs that the mood is changing given the lower oil price environment and the additional pressure this brings when developing and funding infrastructure projects.”

Dubai’s new PPP law excludes the power and water sector, which has its own legislation. Dubai Electricity and Water Authority has awarded few IPP projects, the latest being the $1.8bn Hassyan clean coal power project in October 2015.

The law covering public-private partnerships is due to be introduced on November 19, and will allow the emirate to tap private sector funding for key projects such as the expansion of Al Maktoum International Airport and the extension to the Dubai Metro Red Line from Nakhel  Harbour and Towers to the Expo 2020 site.

However, as regional economies face increasing budgetary pressures resulting from the weaker price of oil, public sector clients are increasingly turning to private finance to help pay for projects.

The consortia bidding to build the extension to the Dubai Metro Red Line will be able to use public-private partnership (PPP) models as part of their bids, according to Dubai Roads & Transport Authority’s chief engineer for rail operations, Shahrin bin Abdol Salam.

The new Dubai law will remove the need for project-specific legislation for entities and for the government to act as guarantor for projects, as has been the case with the limited private finance rules that currently cover the power and water sector.

It will allow any government entity to use PPPs to develop infrastructure so long as they meet certain conditions.

For instance, all projects worth more than Dh200 million will need to form a special purpose vehicle (SPV) overseen by a committee containing a project CEO and a representative from the Department of Finance, although projects over Dh500m will still need the approval of the Supreme Committee.

However, supplementary regulations are also needed to determine whether SPVs can be based in free zones and offer foreign investors stakes of more than 49 per cent.

The first project to use PPP funding will be the new Union Square station plaza containing a number of towers that are set to be built above the existing Dubai Metro station.

The introduction of a new PPP law in Dubai follows on from the implementation of similar regulations in Kuwait and Bahrain.