Employment ban for Two years now stricter in Oman

Muscat: If you leave your job and leave Oman, you won’t be coming back to work for two years ... even if you have a No Objection Certificate (NOC).That was the stark message from a top Royal Oman Police (ROP) official .

According to the official, it now makes no difference whether employees complete their contract or not, they will be simply denied clearance to work inside Oman for the two-year period regardless of service or possession of an NOC from their ex-employer.“The immigration department has stressed that the NOC letter is not valid anymore in this matter. Any expatriate worker who leaves Oman has to spend two years abroad before joining another company in Oman,” a top official at ROP told Times of Oman.

“However, if he has plans to join the same employer, he can do it without waiting for two years,” the official added.

According to the official, the decision was taken based on Article 11 of the Immigration Code, which states that an expatriate worker who leaves Oman has to spend two years abroad before returning to Oman.Said bin Naser Al Sadi, advisor to the Minister of Manpower, said the move was outside of the ministry's remit.

“This decision was taken by the ROP and has nothing to do with the Ministry of Manpower,” said Al Sadi. “We can talk about the work rule but for entrance and exit from the country comes under the ROP and we can’t interfere,” he added.

It means that the only way an expat employee can join a new company is if he stays within Oman and his previous employer is prepared to lose the clearance from his quota of expat staff by granting an NOC.

Ras Al Khaimah cancelled All expired RAK economic licences

Sheikh Saud bin Saqr Al Qasimi, Supreme Council Member and Ruler of Ras Al Khaimah, has issued a resolution cancelling all economic licences issued by the Ras Al Khaimah Department of Economic Development (DED) which have expired.

Article 1 of Resolution No. 5 of 2016 states that all licences that were inactive in the years up to 2004 will be cancelled.

Article 2 states that all licences, which expired between 2005-2012, will be revoked administratively if they are not involved in legal cases being handled by courts, and if they have no liabilities to the General Directorate of Residence and Foreigners Affairs and the Ministry of Labour.

It exempts all licenses that expired in the years up to 2015 from all late licensing penalties and arrears for the Municipality of Ras Al Khaimah only if they are renewed between February 1 and April 30.

The resolution is effective immediately and will be published in the official Gazette.

Insurance Cover mandatory from June 30th 2016 in Dubai for spouses, elderly parents

Dubai: Under Dubai’s mandatory health insurance law which makes it mandatory for residents to have health insurance cover by June 30, the sponsors of residents found without an insurance during visa renewal will have to pay fines after the deadline ends.
This means sponsors of spouses, elderly parents and special needs children must obtain insurance cover for dependants even if the visa is not due for renewal before June 30, a senior official said on Wednesday Gulf news interview  on the sidelines of Arab Health 2016, Dr Haidar Al Yousuf, Director of Public Health Funding at the Dubai Health Authority (DHA), said: “Under this law, first there is a legal requirement for every Dubai resident to get covered. The second aspect is to establish who is legally responsible to provide the cover. In case of employers it is simple, but in case of spouses, elderly parents, special needs children, housemaids and house boys, it is the legal responsibility of the individual who is sponsoring their visa.
So, if an elderly family member’s visa, for instance, is being renewed in May this year, even though the deadline for insurance is June 30, and the visa renewal will not require insurance prerequisite now, it is important the sponsor gets the cover done. The visa is only a check-up mechanism, but the sponsor will be held legally liable in case he violates the law and will have to pay the fine in retrospect from June 30, 2016 when the visa of the dependant comes up for renewal.”

The penalties are in final stages of deliberation and therefore the amount could not be disclosed, he said, adding that the DHA is going to launch a public awareness campaign soon to educate individuals about compliance with the law and the penalties of not doing so, added Dr Al Yousuf.

Right now, insurance premiums for the elderly are very high and packages range from Dh12,000 to Dh30,000 per year and are a major deterrent for expatriate residents whose parents live with them.

Dr Al Yousuf said this could change if all the elderly came under the purview of health insurance. “Right now only those with major health issues are opting for health insurance. The risk profile for the elderly therefore is very high and therefore the high premiums. But when everyone pays premiums and has a cover, not everyone is going to use the health services every day; there might be healthy elderly people with routine issues bringing down the risk liability and lowering the premium,” explained Dr Al Yousuf.

He advised residents to opt for basic packages for other categories which are in the range of Dh650-Dh700 per year. “For special needs children, care has a health and an educative component and therefore does not fall entirely under the purview of health insurance. So if they require physiotherapy or some medical intervention that could be covered under their insurance whereas other issues would fall in a different field," Al Yousuf said, drawing attention to the fact that insurance cover in any case was a required field.

Residence Visa Transfer from Public sector to another Public sector in Dubai or other Emirates

This involves a description of procedures of Residency Department to offer Residence service for a resident Employee who transferred his/her sponsorship (within public sector) in Emirate of Dubai or any other Emirate.

Applicant: Sponsor, Agent

 Documents Required

1. Application for residence visa transfer for public sector’s employee in Emirate of Dubai or any other Emirate prepaid through E-form includes 2 photographs of the sponsored + (signature + stamp of new sponsor).
2. Copy of the (new) establishment card valid.
3. Original passport of sponsored
4. Application of sponsorship transfer prepaid and approved by (Entry permit Department)
5. Valid original medical test or online.

Note: In case sponsorship application from another Emirate to Emirate of Dubai, approval form Directorate of Residency and Foreigners Affairs of previous Emirate is a must, then proceed with application in Directorate of Residency and Foreigners Affairs-Dubai.

Fees Required

• (870) AED residence visa transfer fees payable through (E-form), broken down as follow:
• (500) AED sponsorship transfer fees.
• (100) Federal fees to issue residence (maximum 3 years)
• (50) AED service charges
• (10)AED Datel service fees...
• (10) AED knowledge Dirham
• (130) AED urgent fees (optional), broken down as follow:
• (100) AED service charges.
• (10) AED Administrative fees.
• (10) AED Bank charges.
•  (10) AED knowledge Dirham.
• (20) AED Zajil delivery service for ordinary applications (optional)

The service shall be offered at the following sections to the building employees in charge only: 

•  General Directorate of Residency and Foreigners Affairs-Dubai General Headquarters Branch -Dubai Police.

•  General Directorate of Residency and Foreigners Affairs-Dubai Municipality Clinic Branch.
•  General Directorate of Residency and Foreigners Affairs-Dubai - Dubai Media City Branch.
•  General Directorate of Residency and Foreigners Affairs-Dubai- Dubai Financial Center Branch.
•  General Directorate of Residency and Foreigners Affairs-Dubai - Rashid Hospital Branch.

Note: In case sponsorship application from another Emirate to Emirate of Dubai, approval from Directorate of Residency and Foreigners Affairs of previous Emirate is a must, then proceed with application in Directorate of Residency and Foreigners Affairs-Dubai.

 Beneficiary: Resident

 Submission places:

1. General Directorate of Residency and Foreigners Affairs-Dubai,
2.  Dubai Industrial City Branch, Dnata Section-Sheikh Zayed Road,
3.  Um Suqaim Section, Ladies Section – Residence Department,
4.  Al Arabi Center Section,
5.  Medical Fitness Section,
6.  Dubai Airport Free Zone Area Section,
7.  Bin Sougat Center Section,
8.  Jebel Ali Section, Hatta Section,
9.  Hayatt Regency Section,
10.  Dnata- Deira Section,
11.  His Highness Dubai Ruler’s Court Section,
12.  Emirate Airlines Section,
13.  Municipality Clinic Section,
14.  Al-Safa Clinic Section,
15.  Dubai Technology and Media City Section,
16.  Dubai International Financial Center Section,
17.  Rashid Hospital Section. ​

Labour Ban and U.A.E Ministerial Decree 766 Rules for Work Permit

Ministerial Decree 766 of 2015 sets out new rules on work permits with result easing of labor bans .Rules and Conditions for granting a permit to a worker for employment by a new employer as per Decree 766

As per Ministerial Decree 766 and effective from January 2016 a new work permit will be issued and hence no labour ban arises in the following circumstances (applicability to each type of contract illustrated in the relevant columns). Clearly the changes provide for a more fluid labour market and greater employee mobility. The circumstances in which labour bans can be issued are so radically.

No	Circumstances	Limited Contract	Un-Limited Contract
1	The contract has expired and not renewed	No Ban
2	Either party unilaterally terminates the employment relationship after the expiry of the first fixed term contract provided that: a)     The terminating party gives notice to the other party as per the MOL Contract; b)     The terminating party continues to honor the contractual obligations for the duration of the notice period; and c)     The terminating party indemnifies the other party in the amount that was agreed to in the MOL Contract. This provision  appears to have been written purely with intention of addressing where an employee resigns during the term of the contract (as otherwise an employee would not be entitled to a new work permit if the employer was in breach of (b) which does not appear to be the intention of the legislation).	No Ban
Our Ban3	Either party unilaterally terminates the employment relationship provided that: a)     The terminating party gives notice to the other party as per the MOL Contract; b)     The terminating party continues to honour the contractual obligations for the duration of the notice period; and c)     The employee has completed a period of no less than six months (if the employee has a high school diploma or higher the 6 month period is waived).		No Ban
4	The parties mutually agree to terminate the contract during the course of its term, provided the employee has completed a period of no less than six months (if the employee has a high school diploma or higher the 6 month period is waived).	No Ban	No Ban
5	Where the employment is terminated by the employer through no fault of the employee; provided the employee has completed a period of no less than six months (again if the employee has a high school diploma or higher the 6 month period is waived).	No Ban	No Ban
6	Where the employer has failed to meet his legal or contractual obligations, including but not limited to when the employer fails to pay the employee’s wages for more than 60 days.	No Ban	No Ban
7	Where the employer is shutting down	No Ban	No Ban
8	Where the labour court provides a final ruling in favor of the employee that attests that is entitled to: ·         Accrued wages for no less than two months of work ·         Arbitrary or early termination compensation, or ·         Any other entitlements that the employer has abstained from granting including end-of-service gratuity.	No Ban	No Ban

The new changes certainly add transparency and clarity for U.A.E Labour Law on issues such as offer letters and termination provisions. The greater workplace mobility provisions are likely to have an immediate impact on the labour market and it will reflect in U.A.E economy

The main beneficiaries of the changes will be blue collar workers and those recruited from aboard by unscrupulous companies offering terms and conditions that are not then honoured in the UAE.