U.A.E Ministry holds employers responsible for attesting standard contract

Under new standards, the Ministry holds employers responsible for attesting in the standard contract to the fact that workers have not been charged any recruitment fees. In 2015, the Ministry took steps to ensure the contracts workers are asked to sign are standardised, to prevent contract substitution and to promote clarity and transparency.
The Ministry of Human Resources and Emiratisation has published the first annual report entitled 'Workers Welfare Report 2015,' highlighting the labour rights in the UAE.

The 2015 report focuses on measures to ensure that all workers that come to the UAE "are recruited and employed equitably, safe in their place of work, and free to advance professionally and personally."

The publication of this report is part of a drive to increase transparency about labour issues, improve data reporting and ensure that discussion about the transnational labour mobility and economic development is frank and fair.

In a forward to the 2015 Report, Saqr Ghobash, Minister of Human Resources and Emiratisation, remarked that "The UAE’s workforce is our greatest asset: the driver for growth that enables economic diversification and secures the future for tomorrow’s generation."

Ensure Workforce Protected

"The Ministry of Human Resources and Emiratisation is committed to ensuring our workforce is protected and its dynamism is harnessed for the good of all. Therefore the ministry has launched a series of initiatives and resolutions to promote workers' welfare in the country, most notably, Standardising labour contracts in order to promote clarity and transparency for workers and employers," he added.

He further elaborated that the ministry launched new laws that "Enable workers to move freely between employers, as well as evaluating and reviewing every aspect of working in the Emirates from recruitment to housing and making significant reforms designed to ensure all workers are treated respectfully at all times, and able to report instances of maltreatment easily."

Legal Professionals to help Labour Disputes

The minister said that MOHRE has appointed 63 legal professionals to help resolve labour disputes, and trained 100 members of staff to facilitate the process of dispute resolution. The ministry has also implemented a new, dynamic smart inspection system to enable the inspectors focus their efforts on higher risk business establishments.

The report begins by describing the UAE’s exponential growth in recent decades as a global centre of commerce and tourism which has been achieved thanks to the hard work of millions of people from all over the world.

People from all corners of the planet travel to UAE to contribute to its growth, putting their skills to use to build and operate the institutions and infrastructure that are now the lifeblood of the national economy.

"The United Arab Emirates is proud to host such a diverse, eclectic population. Proud, too, that at a time of economic slowdown in many parts of the world, the United Arab Emirates continued to create jobs and offer opportunities for people to better themselves, and better the prospects of their families and home nations, which directly benefits some of the world’s poorest communities, enabling access to health and education, created sustainable societies, and raised standards of living in recipient countries".

The report goes on to say that UAE remains a young country undergoing dramatic change and huge economic growth. That brings significant challenges in terms of the management of the labour market.

It is vital, however, that all workers in the UAE enjoy employment protections that conform to the highest standards of international best practice and law, which is why the UAE Ministry of Human Resources and Emiratisation is at the forefront of driving reform to protect workers. Only by upholding the reputation of the nation as an equitable provider of employment and continue attracting the brightest and most skilled workers from around the world.

The protection of workers is fundamental to the ongoing work of the Ministry of Human Resource and Emiratisation, the report reads. Over the course of 2015, the Ministry undertook significant steps to ensure worker protection, including reviewing legislation and regulatory oversight, improving dispute resolution systems and increasing transparency.

"We can’t deny that many non-national workers have faced in the past many malpractices by recruitment agents. Consequently, the Ministry of Human Resources and Emiratisation has been cooperating with countries of origin to improve practices within the recruitment industry as a priority issue."

Monitor Recruitment Companies

The ministry continues to closely monitor the practices of recruitment companies and take immediate actions when violations take place. In 2015 the Ministry suspended the licences of recruitment agencies that violated recruitment practices.

Moving on to describe measures to enhance contract transparency, the report remarks that no employer in the UAE can engage workers against their will or on terms that do not meet the UAE labour standards. All employment contracts in the UAE must be consensual by nature and both parties have the right to terminate an employment contract at any time, in accordance with the terms and provisions of the contract.

Standard Contract, Employers Responsibility

Under new standards, the Ministry holds employers responsible for attesting in the standard contract to the fact that workers have not been charged any recruitment fees. In 2015, the Ministry took steps to ensure the contracts workers are asked to sign are standardised, to prevent contract substitution and to promote clarity and transparency.

The Ministry launched a package of reforms designed to promote transparency regarding fixed-term and unlimited contracts. Henceforth, no non-national worker can be recruited from overseas for employment in the UAE until he or she has been presented with a standard job offer that conforms to the UAE Standard Employment Contract (SEC).

The standard job offer is available in eleven languages and must be signed in the employee’s country of origin before his or her work permit can be processed. The Ministry also works to ensure that all workers obtain a copy of UAE employment law without charge, so that they know their rights.

The Report goes on to assert that the UAE has struck partnerships with international organisations, and works closely with the governments of labour sending countries to ensure that their citizens are protected while in the UAE.

Report Ensuring Worker Welfare

The report elaborates that the Ministry of Human Resources and Emiratisation recognises that "A vital step in ensuring worker welfare is making sure workers are aware of their labour rights."

The Ministry ensures that workers throughout the country have easy access to government representatives at conveniently located Labour offices. Workers are encouraged to visit a Labour office at any time to report concerns or to ask for guidance on any issue. There are five Labour offices in the UAE: two in Abu Dhabi, two in Dubai and one in Sharjah.

Additionally, Ministry representatives carry out frequent site visits to promote awareness of worker rights. In the summer of 2015, the Ministry’s Guidance department made thousands of site outreach visits to stress to workers and employers the importance of the midday break for worker welfare. The meetings were also a useful occasion at which to listen to worker concerns regarding heat exhaustion and employment conditions.

During such visits, the Ministry printed out and distributed thousands of awareness-raising posters highlighting the dangers of midday work, translated the ministerial resolution ‘Prohibiting midday work’ into ten languages and published the resolution on the Ministry’s website. The Ministry has also translated the administrative resolution Number 60 detailing midday working hours law into three languages.

Dubai workers can claim their rights legally

Workers in Dubai have started following the proper legal procedures to preserve and claim their legal rights, an official of the police’s human rights department has said. Dubai Police’s continuous public awareness campaigns at camps, workers have become more familiar with their rights and the proper legal procedures that are required to resolve a labour dispute, said Lt Colonel Saeed Rashid Al Helli, Head of Temporary Employment Conditions Control Section at the General Department of Human Rights.

Lt Colonel Al Helli was speaking at an event organised by Dubai Municipality, which was observing the World Day for Safety and Health at Work 2016, a campaign of the International Labour Organisation (ILO).

“Dubai Police have been working closely with workers through different platforms and extensive awareness campaigns at camps that have helped workers protect their rights and claim their salaries. This has reduced the probabilities of workers resorting to unlawful methods,” he said.

‘Workplace Stress — A Collective Challenge’ was the theme chosen this year by the ILO for the annual campaign, and Lt Colonel Al Helli explained how delays in giving workers their wages was found to be the top cause for stress at work worldwide.This stress, he said, might cause workers to refrain from carrying out their jobs or tasks. But in the UAE, this is no longer the case, as the workers now trust their concerns would be addressed and issues resolved legally, he said.

“Through our electronic platform, free line (launched in 2005), and smart app, workers have not had to resort to illegal approaches and have been able to fully understand the country’s laws. They simply lodge their complaints and get immediate responses for any of their enquiries. We realised that in the previous years, when such issues used to surface, it was because workers were not fully aware of how they can claim their rights.”

In addition to that, he said, police patrols visit workers’ camps to assess their situation and to ensure their workplace conditions are up to the standards. Brochures are also distributed in different languages at camps.

Between 2010 and 2014, the number of complaints received through these services increased significantly. In 2014, there were 233 group complaints and 1,174 individual complaints, but only 35 workers refused to work until their wages were given.

“There has been a growing trust between workers and our department because of the direct communication. This trust increased from 87 per cent in 2011 to 93 per cent in 2015. Complaints are being addressed within 45 minutes of receiving them,” Lt Colonel Al Helli said.

“Special attention is given on group complaints, as it can result in labour strikes and riots that could cause severe damage and financial losses.”

Compensation to workers for delayed wages amounted to Dh319 million between 2009 and 2015, a matter that is being taken very seriously, he added.

As part of the event organised by the Public Health and Safety Department of the municipality, lectures discussing the reasons for stress at the workplace and its negative consequences on health and behaviour were organised.

“We are here today to cover the most vital issues for safety of workers, with a special focus on stress, which is a huge topic that needs to be communicated to everyone at the workplace,” said Raed Al Marzouqi, head of occupational health and safety section at Dubai Municipality.

“We came out with new handouts and brochures for both employers and employees about stress, its causes and how it can be avoided at the workplace. We have a special focus this year on the handicapped and the elderly and the difficulties they can face.”

Al Marzouqi said more than 130,000 people will receive the posters and brochures through the e-government service of Dubai, including more than 30,000 industries and companies.

Saudi Arabia Introduce Green Card within Five years

Saudi Arabia will introduce a "green card" system within five years to allow resident expatriates in the kingdom to have more rights in order to improve its investment climate, Deputy Crown Prince Mohammed bin Salman said on Monday.

Speaking in a television interview, he said planned sweeping reforms, of which the proposed green card is one, will be implemented even if oil prices rise back above $70 a barrel and pledged to end Riyadh's dependence on crude revenue by 2020.

The Saudi government on Monday approved a plan for vast economic reforms dubbed ‘Saudi Vision 2030’ to substantially reduce the Opec powerhouse’s reliance on oil, the official SPA news agency reported.

New law to protect Investors Trust in Dubai’s Financial Market

Dubai: His Highness Shaikh Mohammad Bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai, in his capacity as Ruler of Dubai issued Law No (4) of 2016 on the Dubai Economic Security Centre,new law to safeguard investors and to ensure Dubai’s financial stability.

The centre aims to maintain Dubai’s position as a global financial and economic hub, ensure its financial stability and protect its investments from crimes that may harm its economy.

The new law seeks to ensure the proper implementation of international best practices in Dubai’s financial markets, protect investors from risks, combat illegal and harmful activities, and predict and manage risks and negative economic trends that can jeopardise the stability of the market and the national economy.

The new law will enhance investors’ trust in Dubai’s financial markets and encourage them to use Dubai as a hub for their businesses, contribute to ensuring the integrity of procedures related to financial operations, and encourage market players to actively combat activities that can affect economic security and increase awareness about threats that such activities might pose.


Centre’s authority

Entities subject to the centre’s authority include local government bodies that are guaranteed minimum profit by the government as well as those that are subsidised by the government and any company or institution licensed to engage in economic activity in the emirate, including licensed companies operating in special development zones, free zones including the Dubai International Financial Centre.

The centre will also have oversight over charities operating in the emirate as well as any institution that is required to be monitored by the centre as per a decision of the Chairman of Dubai Executive Council.

The new law also defines the roles and responsibilities of the Dubai Economic Security Centre, which include: combating corruption, fraud, crimes, bribery, embezzlement, destruction of public property, forgery, counterfeiting, money laundering , terrorism financing, illegal organisations or other crimes that may be committed by entities that are under the jurisdiction of the Centre.

The law authorises the centre to monitor and analyse economic phenomena in the emirate and reduce any potential negative impact; monitor abuses, financial irregularities, financial markets, institutions, commercial sectors and free zones in Dubai; supervise trading of currencies, commodities, precious metals and listed and unlisted trading securities; supervise donations sent or received by charities; develop rules and procedures to prevent interactions with individuals or organisations involved in terrorism, or with any individual who maintains contacts with these organizations.

Reviewing legislation

As per the law, the Dubai Economic Security Centre is tasked with proposing and reviewing legislations related to the supervision of financial and economic activity in the emirate, preparing specialised studies on the financial and economic affairs of the emirate in order to enhance economic and investment awareness, in addition to providing recommendations in this regard; providing support and advice on the economic security of entities under its jurisdiction upon request; providing training programmes; and preparing reports on important issues affecting the economic security of Dubai for submission to the Chairman of the Dubai Executive Council.

Furthermore, the centre is tasked with the development and publication of reports and periodic statistics on the financial and economic status of the emirate, participation in councils and committees focused on Dubai’s financial and economic affairs, following up on criminal proceedings that may impact the emirate’s economy, and combating activities and practices that may have a detrimental impact on the emirate’s economy and its resources.

The new law stipulates that the executive arm of the centre will have an Executive Director and will be staffed by a number of administrative, financial and technical employees. The law also outlines the roles of the Executive Director, who will be appointed by the Chairman of the Dubai Executive Council.

The new law enables the Centre to coordinate with concerned authorities to carry out its responsibilities and tasks such as supervision, research, investigation, information gathering, taking preventive measures, data and information exchange, financial and administrative auditing, as well as recording crimes and offences in accordance with the provision of this law.

The centre will also provide protection and ensure the safety of individuals collaborating with it for the purpose of maintaining the economic security of the emirate by not disclosing information about the identity and whereabouts of the collaborator. 
For the purposes of this Law, providing information on matters affecting the economic security of the emirate shall not be considered a violation. Any person providing the information shall not be subject to any legal or disciplinary action unless proven to be providing false information.

The new law outlines the penalties for violations of its provisions. Disclosure of information or data that is considered confidential as per the Law could bring imprisonment of up to a maximum of one year and a minimum of three months, apart from a fine of up to Dh50,000 and a minimum of Dh10,000. Any person who violates the provisions of this law will incur a minimum fine of Dh10, 000 and a maximum fine of Dh500, 000.

The law requires concerned individuals and entities to fully cooperate with the Centre in order to enable it to fulfill its mandate without hindrances. 
The new law annuls any other legislation that contradicts or challenges its provisions. The new law shall be published in the Official Gazette and is valid from the date of its publication.

Employee Always Late to Work Not eligible for Gratuity - HR Ministry UAE

Employees who are sacked because of their failure to abide by work timings are not entitled for gratuity, according to the Ministry of Human Resources and Emiratization.

The Ministry outlined such a rule in a response to a query by an employer who complained that some of his workers persistently fail to come to office on time despite his repeated warnings that their services could be terminated.

In his letter to the Ministry, the employer said those workers ignored his warnings and continued to violate work timings. He asked the Ministry whether he would be committed to paying them gratuity in case he terminates their services.

“Workers whose service is terminated due to job misbehavior after repeated notices by the employer are not entitled for end-of-service benefits or any compensation for the sacking,” the Ministry said, according to Emarat Al Youm daily.

The paper quoted a Ministry official as saying employers must first take measures to ensure discipline by their employees in line with Article 120 of the UAE Labour Law.

The source said such measures include notices and meetings with the non-punctual workers, adding that employers can gradually cut those workers’ wages.

“In case the worker does not respond to such warnings, the employer can issue an ultimatum to the worker that he would terminate his service…after that ultimatum, he is authorized to sack the worker if he fails to comply.”