A Saudi court is currently reviewing a harassment complaint filed by a female employee against her expatriate manager, who allegedly sent her a lewd joke via WhatsApp.
The plaintiff, a human resources specialist, accused the manager of verbal harassment and inappropriate behavior after receiving sexually suggestive messages from his private phone. According to Okaz newspaper, the employee had previously warned the manager not to contact her outside working hours or for non-work-related matters.
Despite her requests and formal complaints to the company, the harassment reportedly continued. Frustrated by the lack of action, the woman turned to the court, presenting WhatsApp messages and witness testimonies as evidence of the misconduct.
The manager, an Arab national, denied the allegations, claiming the message was sent accidentally and that he had apologized. He further attributed the accusations to a workplace dispute and requested the case be dismissed.
Investigators reviewed evidence, including WhatsApp messages containing lewd jokes, leading to formal charges against the manager for harassment and violating Saudi Arabia’s anti-cybercrime law.
The Jeddah-based court is expected to deliver its ruling soon. If found guilty, the defendant faces severe penalties, including up to five years in prison or a fine of SR300,000.
Saudi authorities have intensified measures against sexual harassment, including publicly naming offenders to deter similar crimes. Under Saudi law, harassment can result in up to two years in prison and a SR100,000 fine, with harsher penalties of up to five years and SR300,000 for repeat offenses or cases occurring in public or at workplaces.
Moreover, the law ensures that punishment is irreversible, even if the victim waives their right to pursue legal action. Offenses involving vulnerable individuals, such as children, persons with special needs, or unconscious victims, carry maximum penalties of five years in prison and a SR300,000 fine.
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Dreaming of freelancing in Dubai? Now you can make it a reality in as little as three working days. Expo City Dubai (ECD) is offering a freelancer permit, processed by the Expo City Dubai Authority (ECDA), with a range of over 90 professional activities to choose from, making it an attractive option for professionals looking to start their independent journey.
Freelancers can apply for:
A one-year permit with a new employment visa for Dh9,000 per year.
A two-year permit for Dh16,000.
Access to over 90 professional categories, including social media marketing, fashion design, choreography, and makeup artistry.
Register Your Interest
Contact the Expo City Dubai Authority (ECDA) by emailing CRC@expocitydubai.ae or visiting the Client Relations Centre on Level 2 of the Women’s Pavilion in the Sustainability District at Expo City Dubai.
Download and Submit the Application Form
Visit the ECD website: Expo City Dubai.
Scroll to the ‘Individuals’ category and download the Freelancer Permit Application Form.
Complete the form and submit it via the ECDA portal along with the required documents.
Make Payment
Pay the Dh7,000 application fee, which includes a non-refundable Dh500 application fee. Applications will not be processed until payment is complete.
Review Process
ECDA will review your application. Additional documents, such as a work portfolio, may be requested.
Once approved, you will receive:
Freelance Permit
ECD Identification Card
Invoice for payment of the company card (establishment card) and UAE residence visa, if applicable.
Obtain the Company Card
The ECD company card includes a serial number, the freelancer’s name, expiry date, and one visa quota.
The company card is only required if the freelancer needs a UAE residence visa. UAE citizens and self-sponsored individuals do not need this step.
Freelance permit: 3 working days.
Permit with residence visa: Up to 5 working days.
While Expo City Dubai provides a wide range of business activities, other freelance permits are available through the economic departments of each emirate or free zone authorities. Experts recommend choosing a jurisdiction that aligns with your industry for optimal opportunities.
Freelancing in Dubai has never been easier—whether you’re a content creator, designer, or entrepreneur, this streamlined process offers a quick start to your career.
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In the UAE, employers are allowed to grant loans to their employees, but charging interest on such loans is strictly prohibited under the Labour Law. Article 25 specifies that no amount can be deducted from an employee’s wage except in certain cases, such as recovering loans granted to the employee. This recovery must comply with the maximum monthly deduction limits, require the employee’s written consent, and must not involve any interest.
An erring employee is one who violates workplace rules, fails to fulfill job responsibilities, or engages in misconduct that breaches the company’s policies. Employers have the right to take disciplinary action against such employees in accordance with Article 39 of the Labour Law.
The following measures can be imposed on employees who commit violations:
Issuing a written caution to address minor misconduct.
Providing a formal written warning for more serious offenses.
Deducting up to five days' wages in a single month as a penalty.
Suspending the employee for up to 14 days without pay.
Withholding periodic raises for up to one year in organizations offering such increments.
Denying promotions for up to two years in workplaces with a promotion system.
Terminating employment while preserving the employee’s right to end-of-service gratuity.
Employers are not required to notify the Ministry of Labour when imposing penalties, as these actions are governed by the company’s internal policies. However, employers must create a schedule of penalties that aligns with Article 39 of the Labour Law and clearly outlines disciplinary measures.
Employees retain the right to challenge any penalties imposed by filing a labour complaint or submitting a grievance to the company’s management. This ensures a fair process and balances the interests of both employers and employees.
By adhering to these regulations, companies in the UAE can maintain a disciplined and legally compliant work environment while safeguarding employee rights.
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The Ministry of Human Resources and Emiratisation (MOHRE) has outlined specific obligations for private sector employers in the UAE, aiming to protect workers’ rights and ensure fair treatment. These guidelines are crucial for fostering a balanced and professional work environment, compliant with the country’s labour laws.
Employer Obligations Under MOHRE
Private sector employers must adhere to the following regulations:
Worker Records and Files:
Employers are required to maintain accurate records of their workers, following MOHRE’s guidelines. These records must be retained for at least two years after the worker’s employment ends.
Official Documents:
Employers must not confiscate workers' official documents or force them to leave the country upon the termination of their employment.
Workplace Regulations:
Establish clear work policies, including instructions, penalties, and rewards, in accordance with the law.
Housing Provisions:
Employers must provide suitable, licensed housing for workers or pay a housing allowance as part of the worker's wage.
Skill Development:
Invest in training and development programs to empower workers and enhance their skills.
Health and Safety:
Provide a safe work environment by implementing measures to prevent occupational injuries and diseases. Employers must also offer training to avoid risks and conduct regular assessments to ensure compliance with health and safety standards.
Worker Awareness:
Ensure workers are aware of their rights and responsibilities through appropriate tools and methods tailored to their job roles.
Medical Care:
Cover the costs of workers’ medical care as per the country’s legislation.
Insurance and Guarantees:
Bear expenses for insurance, subscriptions, and guarantees mandated by law.
Work Authorization:
Do not allow workers to engage in employment for others unless it complies with the Labour Law.
Experience Certificate:
Provide a free experience certificate upon request when the employment contract ends. The certificate must include employment dates, job role, last wage, and reason for termination without harming the worker’s reputation or future job opportunities.
Repatriation Expenses:
Cover the cost of the worker’s return to their place of recruitment or any agreed location unless the worker joins another employer or the termination is due to the worker's fault, in which case the worker bears these expenses.
Safe Work Environment:
Maintain a workplace that is safe and conducive to productivity.
Job Contracts and Offers
Before an employment relationship begins, the employer must issue a job offer to the worker using the MOHRE-approved contract form. The employment contract must match the job offer in terms of terms and benefits.
Additional Provisions:
Employers may include additional benefits in the contract beyond those in the job offer, provided they comply with the Labour Law.
Appendices can be added to the contract as long as they align with labour regulations and ministerial decisions.
Verification of Job Offers:
MOHRE-approved job offers forms feature a barcode for authenticity verification. Workers can confirm the legitimacy of these forms through MOHRE’s call centre at 600590000, its official website, or the smart application.
Conclusion
MOHRE’s comprehensive employment guidelines emphasize the UAE’s commitment to protecting workers’ rights while fostering a professional work culture. Employers must diligently adhere to these regulations, ensuring fair treatment and compliance with the Labour Law. By following these obligations, private companies contribute to a balanced and thriving workforce in the UAE.
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In the UAE, an employee's obligation to perform their duties diligently is enshrined in Article 16(8) of the Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations. Employers have the right to take disciplinary action, including termination, for non-performance, provided they follow the stipulated procedures.
To legally terminate an employee for non-performance in the UAE, employers must adhere to the following steps:
Severance Pay: Even in cases of termination for non-performance, the employee may be entitled to severance pay based on their tenure and the company's policy.
Legal Counsel: Consult with an employment lawyer to ensure compliance with all legal requirements and to minimize the risk of legal challenges.
To avoid potential legal challenges, employers should:
By following these guidelines, employers can protect their interests while ensuring fair and legal employment practices in the UAE.
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Starting November 1, companies in the UAE face fines of up to Dh1 million for employing individuals with unlawful residency status, as the country’s visa amnesty period ends on October 31. This measure, enforced by the Federal Authority for Identity, Citizenship, Customs, and Port Security (ICP) in collaboration with Dubai’s General Directorate of Residency and Foreigners Affairs (GDRFA), is part of a federal effort to prevent illegal employment and regulate labor practices.
The ICP has urged residency violators to rectify their legal status to avoid penalties, as the two-month amnesty—beginning September 1—allowed overstayers to either leave the UAE without an entry ban or regularize their residency to secure lawful employment.
With the deadline approaching, residents continue to seek assistance at amnesty centers across the country, especially in Amr centers and the Al Aweer center in Dubai. Beginning November 1, large-scale inspections will be conducted nationwide to identify violations and impose fines ranging from Dh100,000 to Dh1 million on non-compliant companies. This initiative has seen a significant uptick in applicants, underscoring its impact on the community.
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Residents of Gulf Cooperation Council (GCC) countries can now apply for a 30-day e-visa to enter the UAE, with the option to extend it for an additional 30 days. This announcement was made by the UAE Digital Government on Monday, marking a significant change in visa policies for GCC residents.
Previously, GCC residents were unable to extend their visas while in the UAE and had to exit the country to apply for a new entry visa if needed.
Key Details:
Important Conditions for E-Visa Applications:
Approval Notification: E-visa approvals will be sent to the registered email address of the applicant.
Traveling with Sponsor: Applications for GCC expats and their companions (family members) will only be approved if the sponsor is traveling with them.
Entry Permit Validity:
Conditions for Entry Denial:
Additional Requirements:
How to Apply:
GCC residents can apply for the entry permit by visiting the GDRFAD website. Applicants must register as users, select the appropriate service, and complete the application form.
Required documents include:
The application fee is Dh250 plus VAT. Once approved, the e-visa will be sent to the applicant’s email address.
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The National Labour Relations Board in the complaint announced claims on tech giant Apple of implementing illegal workplace rules that allegedly violate U.S. labour laws. The complaint stems from charges filed against Apple in 2021 by Ashley Gjovik, a former senior engineering manager at the company., claims that Apple’s workplace policies restrict employees from engaging in activities protected under federal law, such as discussing wages, organizing efforts, and other concerted activities.
The NLRB's investigation began after multiple employee complaints were filed, raising concerns about Apple’s strict confidentiality agreements and its monitoring of workplace discussions.
According to the labor board, these policies hinder workers' rights to unionize or speak openly about working conditions. The accusations follow a growing wave of labor movements in the tech industry, where workers are increasingly organizing to push for better pay, benefits, and work-life balance.
Apple, which has a reputation for maintaining a high level of secrecy surrounding its products and internal affairs, has found itself at odds with employees and labor rights advocates. In response, the company has defended its workplace policies, stating that they are designed to protect proprietary information and ensure a safe and respectful working environment.
"Apple is committed to creating and maintaining a positive and inclusive workplace," said a company spokesperson. "Our policies are intended to protect our employees, customers, and intellectual property."
This is not the first time Apple has faced scrutiny over its treatment of workers. In recent years, the company has seen a rise in employee activism, with workers at retail locations and corporate offices alike pushing for improved conditions and greater transparency.
The NLRB’s complaint marks another chapter in the ongoing battle between tech workers and major companies over labor rights. If found in violation of labor laws, Apple could be required to revise its workplace policies and potentially face penalties.
The case is expected to set a significant precedent for other companies in the tech sector, where employee organizing efforts are gaining momentum despite strict confidentiality policies. As the NLRB moves forward with the investigation, labor rights groups are closely watching how the case unfolds, as it may have broader implications for labor organizing across the industry.
The outcome of the NLRB's investigation into Apple's workplace policies could have far-reaching consequences for both the company and the broader tech industry. As labor movements gain strength and more employees push back against restrictive workplace rules, the case serves as a reminder of the growing tension between corporate control and workers' rights. Whether Apple will be required to change its practices remains to be seen, but the case is likely to set a significant precedent for how labor laws are enforced in the tech sector moving forward.
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With the rising demand for US visas, residents of the UAE are experiencing long delays in securing appointments. Current estimates indicate that applicants from certain countries could face wait times of nine to 12 months, with some nationalities experiencing delays of up to two years.
According to Anastasia Yanchenko, Commercial Director of Visa Services, the wait times vary based on the applicant’s passport. "UAE passport holders generally have shorter waiting periods compared to applicants from countries with higher demand and fewer available appointments," she explained. For example, UAE citizens enjoy a more streamlined process, while the wait time for Indian and Russian passport holders is around one year. For Iranian nationals, the wait can extend up to two years.
A contributing factor to these delays is the global nature of US visa applications. Many applicants from countries lacking US embassies, or those facing visa rejections in their home countries, apply through the UAE, further increasing the number of applications and causing bottlenecks. Additionally, Dubai is often seen as a temporary stop for individuals seeking to travel to the US, which further compounds the delay.
Countries such as Oman and Kyrgyzstan have implemented local restrictions on US visa applications, limiting them to those with local residence permits. This has led to an influx of applicants seeking visas from the UAE.
To address these challenges, there are services available that help expedite the visa process. Specialists can assist in navigating the appointment system, helping applicants secure available slots more efficiently.
To minimise the risk of a visa refusal, applicants should follow essential guidelines:
While long wait times are frustrating, understanding these factors and taking the right steps can help applicants navigate the US visa process more smoothly.
Fast-Track Entry for UAE Passport Holders
A recent agreement between the UAE and the US has introduced expedited entry for UAE passport holders traveling to the United States. UAE citizens with valid US visas can apply for the Global Entry programme, which allows them to bypass regular queues upon arrival at selected US ports of entry, eliminating the need for traditional immigration processing.
To apply for Global Entry, travellers must provide personal details such as their age, place of birth, employment status, citizenship, and any previous visa rejections or criminal history. The interview process lasts between 10 to 30 minutes, during which applicants must present their identification documents and explain their reasons for visiting the US.
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In the UAE, all employees are required to possess a labour card, issued either by the free zone in which they work or the Ministry of Human Resources and Emiratisation (MoHRE). This essential document serves as official proof of employment and is a key form of identification. It includes important details such as the job title, employer, and the expiry date of the work permit. Without a valid labour card, individuals are not legally allowed to work in the UAE.
While the UAE has shifted to issuing digital labour cards, employees can still download and print a physical copy if preferred. Though the digital version offers convenience, some may find the physical card useful for specific purposes.
Importance of the Labour Card
The labour card is essential not only for residents but also for those benefiting from the country's visa amnesty programme, which runs until October 30. Over 4,000 individuals have been interviewed by various companies in just the first two weeks of the initiative. Those securing employment under this programme will require a valid labour card to work legally.
Having a labour card not only ensures compliance with employment laws but also offers a sense of security, as it confirms legal employment status in the UAE.
How to Access and Print Your Labour Card
Although physical labour cards are no longer issued, obtaining a physical copy is simple. Here's how:
1. Through the MoHRE Website
2. Through the MoHRE App
Retrieving Labour Information
If you are uncertain about your labour card details, contact MoHRE at 600590000. By providing your Emirates ID number for verification, they will share your labour details over the phone. You can also access most of your information by logging into the MoHRE app and visiting the 'Dashboard.' However, note that your transaction number will not be visible in the app; for this, refer to your employment contract.
Having a labour card is crucial for ensuring your legal employment status in the UAE, and while digital formats are the norm, getting a physical copy is just a few clicks away.
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His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and Ruler of Dubai, has issued Decree No. (49) of 2024, which governs the appointment of Dubai Government employees to positions within the emirate’s judicial authorities. The decree aims to attract national talent for these roles while ensuring that employees' legal statuses, rights, and financial entitlements are protected during their training at the Dubai Judicial Institute.
The training provided by the Institute includes the Judicial and Legal Studies Programme for judges and the Diploma in Legal and Judicial Sciences for Public Prosecutors. Importantly, the decree allows employees to retain their current positions in their government entities while undergoing training.
The provisions of this decree apply to eligible civilian and military employees within government entities, in accordance with human resources regulations outlined in Law No. (6) of 2012 for local military personnel and Law No. (8) of 2018 for Dubai Government employees. However, Directors General governed by Law No. (8) of 2013 and CEOs governed by Law No. (8) of 2021 are exempt from these provisions.
The decree specifies employees' rights during their training, including the receipt of their full monthly salary, although allowances and additional benefits are excluded. It also sets forth conditions for granting training leave, requiring participants to be UAE nationals who meet the admission criteria as stipulated in Law No. (13) of 2016 regarding judicial authorities in Dubai.
Employees enrolled in the training program must adhere to the regulations and guidelines established by the Dubai Judicial Institute. Upon successful completion of the program and subsequent appointment by the Judicial Council, they are obligated to serve in one of the judicial authorities for a minimum of five years, unless the Council waives or reduces this requirement.
Should an employee fail to fulfill this commitment, they will be required to repay all salaries received during the training period. The decree also outlines additional obligations set by the Judicial Council and the conditions under which salary repayment may be mandated.
In cases where an employee does not complete or meet the training program requirements, they will retain their previous position in their government entity prior to enrollment.
This decree takes effect immediately upon publication in the Official Gazette.
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Planning a trip to Saudi Arabia from India? Whether you're drawn by the rich history, thrilling adventures, or endless shopping opportunities, one thing is essential before you embark on your journey: a valid visa. Keeping track of your visa status is crucial to ensure a smooth travel experience. Here’s a comprehensive guide on how to check your Saudi visa status through various methods.
Online Methods to Check Saudi Visa Status
To check your Saudi visa status online, you'll need the following details:
With these details ready, follow these steps:
This method allows you to check your visa status online efficiently. For more specific updates, you can perform a MOFA Saudi Arabia visa check online to get the latest information.
Offline Methods to Check Saudi Visa Status
If you prefer offline methods, here’s what you can do:
Remember, the approval process may take some time, so it’s wise to contact the MOFA before visiting in person.
Checking Visa Status Using Your Passport Number
You can also check your Saudi visa status using your passport number through the Ministry of Foreign Affairs’ online portal. Here’s how:
The website will display all relevant information related to your visa application status.
Understanding the Validity of Saudi Visas
Different types of Saudi visas have varying validity periods:
Common Issues in Checking Visa Status
When checking your Saudi visa status, you might encounter the following issues:
What to Do if Your Visa Application is Rejected
If your Saudi visa application is rejected, here’s what you can do:
Regularly checking your Saudi visa status ensures that your travel plans go smoothly. Utilize these methods to stay informed and enjoy a hassle-free journey. Additionally, consider purchasing travel insurance to protect yourself from unforeseen circumstances during your trip.
Saudi Arabia is set to implement significant changes to its Labour Law, with amendments approved by the Saudi Council of Ministers that will come into effect in February 2025. These reforms are part of the Kingdom's broader efforts under Saudi Vision 2030 to enhance job stability, protect employee rights, and clearly define employer obligations.
The amendments involve updates to 38 articles, the removal of seven, and the introduction of two new provisions, reflecting a comprehensive review of global best practices and feedback from over 1,300 stakeholders. The key changes include:
These changes are designed to create a more attractive and equitable work environment in Saudi Arabia, aligning with the Kingdom's sustainable development goals and labour market strategy. The new amendments aim to boost the labour market, promote the development of human capital, and increase job opportunities for Saudi nationals.
The updated regulations will take effect 180 days after their publication in the Official Gazette. For more information, visit the Ministry of Human Resources and Social Development’s website.
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Beginning September 1, 2024, the United Arab Emirates (UAE) is rolling out stringent changes to its residency and immigration laws. These updates are designed to bolster national security and ensure strict compliance with local regulations. However, they also carry significant consequences, particularly the risk of deportation for those who fail to comply.
Violations Leading to Deportation
Overstaying Visas:
The UAE enforces strict regulations regarding visa validity. Even minor delays in renewing a visa can result in hefty fines and potential deportation. Residents and visitors alike must renew their visas promptly, keeping track of specific grace periods applicable to their visa category.
Illegal Employment:
Working without a valid work permit is a serious offense in the UAE. Both employees and employers who violate this rule face severe consequences, including deportation for the employee and significant fines for the employer.
Criminal Activities:
The UAE’s zero-tolerance policy for criminal behavior applies equally to residents and visitors. Involvement in any criminal activity, from minor infractions to serious crimes, can lead to immediate deportation.
Failure to Renew Residency Permits:
Residents are responsible for ensuring that their residency permits are current. Failing to renew these permits on time can result in deportation, emphasizing the importance of vigilant management of personal documentation.
New Regulations and Their Impact
Enhanced Monitoring:
The UAE has introduced advanced tracking systems to monitor visa statuses and residency compliance. This increased oversight allows authorities to quickly identify and respond to violations.
Increased Penalties:
Penalties for infractions like overstaying a visa or illegal employment have been significantly increased, creating a strong deterrent against non-compliance.
Streamlined Deportation Procedures:
Deportation processes have been expedited to enforce immigration laws more swiftly and efficiently.
Tips for Staying Compliant
Regularly Monitor Visa Status:
Ensure all visas and permits are up-to-date, renewing them well in advance of expiration.
Follow Employment Laws:
Engage only in legally authorized employment, and ensure your work permit is valid.
Adhere to Local Laws:
Familiarize yourself with UAE laws and regulations to avoid unintentional violations.
Seek Legal Counsel:
If you have concerns or questions about your residency status, consult a legal professional to ensure you remain compliant with UAE regulations.
Overstaying Visas: The Consequences
One of the most significant changes under the new regulations is the UAE’s strict enforcement of visa expiration policies. Even a brief delay in renewing a visa can result in substantial fines and, in some cases, deportation. Travelers must be vigilant in managing their visa status, as grace periods vary by visa type. Failure to comply not only disrupts travel plans but could also harm the UAE’s reputation as a welcoming destination.
Risks of Illegal Employment
Another critical area of focus is illegal employment. Engaging in any form of employment without a valid work permit can result in immediate deportation. This regulation underscores the importance of understanding and adhering to employment laws in the UAE, as even minor infractions can have severe consequences.
Criminal Activities and Legal Compliance
The UAE maintains a zero-tolerance policy towards criminal activities, with deportation as the standard response to any legal violations. Travelers and residents must be aware that actions considered minor offenses elsewhere could carry significant penalties in the UAE. Education and awareness are essential to prevent unintentional legal infractions.
Renewing Residency Permits: A Crucial Responsibility
For residents and long-term visitors, maintaining a valid residency permit is essential. The responsibility for renewing these permits lies with the individual, and any oversight can lead to deportation. By proactively managing documentation, residents can avoid severe consequences and ensure compliance with UAE laws.
Global Implications for Travelers
The UAE’s stricter residency regulations are likely to have a ripple effect across the global travel industry. Travelers and residents must now approach their trips with heightened caution, fully understanding the legal requirements before entering the country. For travel agencies, tour operators, and legal advisors, this means a greater emphasis on educating clients about these new risks and ensuring all necessary documentation is in order.
These changes in the UAE may set a precedent for other countries, influencing how visa and residency regulations are enforced globally, and underscoring the importance of legal compliance in international travel.
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In the UAE, employees are entitled to a set number of leave days to support family responsibilities, including parental leave. Here’s how you can manage combining paternity leave with annual leave.
Parental Leave Entitlement
Under Article 32(1)(b) of the Federal Decree Law No. 33 of 2021, employees are entitled to five working days of parental leave to care for their child. This leave must be utilized within six months from the child’s birth
.
Documentation Requirements
To avail of parental leave, employees must provide their employer with a copy of the child’s birth certificate, as stipulated in Article 21(4) of the Cabinet Resolution No. 1 of 2022. This documentation is necessary to verify the entitlement to parental leave.
Combining Leave Types
Employees can combine their parental leave with annual leave. This is permitted under Article 21(5) of the Cabinet Resolution No. 1 of 2022, which allows for the combination of various leave types, including bereavement, parental, annual, and unpaid leave.
Process and Considerations
If you wish to take an extended break, you can schedule your five days of paternity leave and then use your annual leave consecutively or at different times within the six-month period following your child's birth. This approach allows you to support your family effectively while managing your leave entitlements.
By combining paternity leave with annual leave, you can extend your time off and ensure you are available to support your family during a significant period.
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If you're considering taking up a job in Dubai, it's crucial to understand the legal requirements surrounding residency and work visas. Here's a detailed overview of what you need to know:
Residency and Work Visa Requirements
In the UAE, foreign nationals are legally required to hold both a residency visa and a work permit to work in the country. The residency visa must be provided by an employer, a spouse, or another legal sponsor, and it is accompanied by a work permit issued by the employer.
Employer Responsibilities
The employer is responsible for initiating the residency visa and work permit process. The application for these documents must be made at the start of employment. It's important to note that it is illegal for employees to begin working without these documents, even if they are in a probationary period.
Legal Consequences
The UAE Federal Government enforces strict regulations regarding employment without proper documentation. Under Federal Decree Law No 7 of 2007, which amended the Immigration Law, employers face significant penalties for failing to obtain the necessary visas and permits. Fines for non-compliance have been increased from Dh10,000 to Dh50,000, and additional penalties can be imposed by the Ministry of Human Resources and Emiratisation.
For repeated offenses, fines can escalate, and in severe cases, criminal proceedings and deportation may be pursued against foreign company owners. UAE citizens involved in such practices may face imprisonment.
Employees working without a valid visa and work permit also face serious consequences, including fines, a labour ban, and potential imprisonment of up to one month, with the possibility of extension.
Risks of Working Without a Visa
Employers who instruct new employees to work without a visa are violating the law and exposing both themselves and their employees to significant risks. Working without the proper documentation leaves employees unprotected by labour laws and subject to legal penalties.
Advice for Prospective Employees
If an employer indicates that you should start work before obtaining a residency visa and work permit, this is a significant red flag. Such practices are illegal and can lead to severe consequences for both you and the employer. It is advisable to seek employment with a company that adheres to legal requirements and ensures that all necessary visas and permits are arranged before you commence work.
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A total of 107,329 establishments were found to be non-compliant with various provisions of the Labour Law during inspections conducted by officials from the Ministry of Human Resources and Social Development.
Since the start of 2024 up to mid-July, the ministry’s teams have inspected over 700,200 private sector firms across the Kingdom.
This initiative forms part of the Ministry’s continued efforts to regulate and monitor the labour market, ensuring compliance with Labour Law regulations, according to the Saudi Press Agency.
Violations included issues related to salary payments and Saudisation. Specifically, 59,891 employers were found to have failed to increase wages as mandated by the ministry, while 16,295 cases involved employees who had not received their salaries.
Additionally, there were 7,662 instances of foreigners being employed in roles reserved exclusively for Saudi nationals.
The Ministry has issued 88,776 warnings to establishments in breach of the law. Efforts have been intensified to ensure compliance with job localisation decisions during visits to 522,092 establishments.
These visits resulted in 9,712 job opportunities for Saudi citizens and helped achieve targeted localisation rates in several sectors.
The proportion of establishments adhering to Saudisation requirements has risen to 93.5 per cent. In collaboration with relevant authorities, the monitoring teams conducted 840 visits to petrol stations and service centres throughout the Kingdom.
The Ministry has reported that inspections are ongoing across all regions and governorates of the Kingdom. It has encouraged individuals to report any violations by calling the unified number 19911 or by using the Ministry’s smartphone application.
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Have you recently moved to Abu Dhabi for work and want to bring your family with you? UAE residents can sponsor residence visas for their family members.
If you are employed in the private sector or a free zone in Abu Dhabi, you can apply for your family's visas through the Federal Authority for Identity, Citizenship, Customs and Port Security (ICP).
Applications can be submitted through the TAMM website or mobile app. Below are the required documents, key points to consider, and associated fees.
Required Documents
* Sponsor’s and sponsored person’s passports
* Recent coloured passport-sized photo of the sponsored person
* Sponsor’s Emirates ID
* Rental contract in the sponsor’s name
Fees
* E-service fee: Dh28
* ICP fee: Dh22
* Issuance fee: Dh100
* Request fee: Dh100
* Security deposit: Dh5,025
Important Points
* The sponsor’s passport must be valid for at least six months when applying for an entry permit. Proof of kinship and additional documents, such as a financial guarantee, may be requested by the ICP.
Dh The sponsored person does not need to be in the country to obtain a residence visa. However, if entering the UAE on an entry permit, the sponsored person can stay for 60 days until the residence visa is issued.
* A husband cannot sponsor a wife under the age of 18.
* To sponsor a spouse, a marriage certificate certified by the UAE Embassy or the UAE Ministry of Foreign Affairs is required.
* Proof of relationship between the sponsor and the sponsored, such as a birth certificate or marriage certificate, is needed.
* Documents issued by foreign authorities must be translated into Arabic and certified by the UAE Ministry of Foreign Affairs.
* If the rental contract is in the husband's name and the wife is the sponsor, a no-objection certificate from the husband must be provided.
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Employers in the UAE may incur substantial fines for engaging in unfair practices. According to Article 60 of Federal Decree-Law No. 33 of 2021 under UAE Employment Law, those found guilty of such practices can be fined between Dh50,000 and Dh200,000.
These unfair practices include:
* Employing Workers Without a Work Permit: Hiring employees without the necessary work permit from the Ministry of Human Resources and Emiratisation (MoHRE).
* Recruiting Without Providing Work: Hiring employees and then not assigning them any work.
* Misuse of Work Permits: Using work permits for purposes other than those for which they were issued.
* Improper Closure of Businesses: Closing or ceasing operations of an establishment without settling employees' entitlements, thereby violating the relevant Decree-Law.
* Employing Juveniles Illegally: Hiring juveniles in contravention of the law’s provisions.
* Employment Agreements Violating Juvenile Regulations: Agreeing to employment terms for juveniles that do not comply with the legal requirements concerning their guardians.
In addition, Articles 58 through 63 of the UAE Employment Law outline penalties for other types of unfair practices by employers.
During inspections, MoHRE officials may identify and report violations. According to Article 33(2) of Cabinet Resolution No. 1 of 2022, inspectors will document any violations and report them to the relevant authorities.
Employers are required to cooperate with these inspectors by providing necessary information and access.
Employees impacted by unfair practices can file complaints with MoHRE under Federal Decree-Law No. 20 of 2023, which amends certain provisions of Federal Decree-Law No. 33 of 2021.
Additionally, if multiple employees are affected, they can file a collective dispute with MoHRE as per Article 56 of the UAE Employment Law and Article 32 of Cabinet Resolution No. 1 of 2022.
Employees facing unfair treatment should consider filing a complaint with MoHRE. If an individual employee is not directly affected but knows others who are, they can advise their colleagues to file complaints.
MoHRE will review and take action based on these complaints, ensuring that unfair practices are addressed and rectified.
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An Abu Dhabi court has ordered a company to pay Dh100,000 to a female employee who was dismissed on her first day of work.
According to the case filed at the Abu Dhabi Family, Civil and Administrative Claims Court, the company offered the woman a monthly salary of Dh31,000. She resigned from her previous job to accept the position, which was scheduled to commence in August.
However, the woman told the court she was shocked when she was dismissed without explanation and without the company fulfilling the obligations agreed upon in the employment contract.
The woman claimed that this abrupt dismissal caused her significant financial, emotional, and reputational harm.
She argued that the company’s actions violated the terms of the contract, which included benefits such as insurance, bonuses, travel tickets, vacations and end-of-service payments.
The court found that the company erred by cancelling the job offer without justification after the plaintiff had met the conditions and resigned from her previous job.
The court rejected the company’s claim that the plaintiff was on probation and ruled that it must pay the woman the compensation as well as cover her legal fees and expenses.
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A private company has been fined Dh10 million by an Abu Dhabi court for issuing work permits to over 100 fictitious employees in a bid to meet Emiratisation targets.
The Ministry of Human Resources and Emiratisation referred the unnamed firm to the Abu Dhabi Public Prosecution after uncovering “serious violations”.
Investigations found that the company had listed 113 individuals as employees to bypass regulatory requirements.The Abu Dhabi Misdemeanour Court has since imposed a significant financial penalty, according to authorities.
Businesses with 50 or more employees were required to have 5 per cent of skilled roles filled by Emiratis by June 30, with fines applicable from July 1 for those that failed to comply.
The employment quota is part of a broader national initiative to ensure 10 per cent of all skilled positions are occupied by Emiratis by the end of 2026. Companies that do not meet these targets could face fines of up to Dh48,000 for each Emirati they fail to hire.
In March, the ministry revealed that more than 1,200 companies had illegally hired Emiratis in an effort to circumvent the rules.The breaches involved the employment of 1,963 Emiratis, with companies found to be engaging in “fake Emiratisation”.These figures pertain to the period from mid-2022 to March 14, 2024.
The ministry has previously warned that businesses violating Emiratisation rules will no longer receive financial benefits from the Emirati Talent Competitiveness Council programme, also known as Nafis, for employing UAE citizens.
False Emiratisation includes hiring family members with no genuine role or falsifying employment records by obtaining fraudulent work permits in the names of UAE citizens. Companies may also be downgraded to the lowest categories in the private sector classification system.
This would result in higher service fees for work permits and transfer fees. Instead of paying only Dh250 for certain permits, they would face Dh3,750.
Businesses are urged to increase the number of citizens they employ by 2 per cent each year to achieve the 10 per cent target by the end of 2026.
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In the UAE, employees who have completed more than one year of service are entitled to 30 days of annual leave per year, per Article 29(1)(a) of Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relations. However, the employer has the discretion to decide the annual leave dates based on work requirements.
According to Article 29(4) of the UAE Employment Law, employers can fix the leave dates and rotate leaves among employees to ensure smooth work progress. Employees must be notified at least one month in advance of their leave dates.
If an employee does not return to work directly after the approved leave period without a valid reason, they are not entitled to a salary for the period of absence.
This is stipulated in Article 34 of the Employment Law, which states that an employee who does not return to work without a legitimate reason after their leave is not entitled to wages for the absence period following the end of the leave.
Furthermore, employers have the right to terminate an employee without notice if the employee is absent without a valid reason for seven consecutive days or 20 non-consecutive days in a year.
Article 44(8) of the UAE Employment Law provides that an employer may dismiss an employee without prior notice if the employee is absent without a legal cause for more than 20 interrupted days in a year or more than seven consecutive days.
Therefore, the approval of a leave extension is at the employer's discretion. If an employer has a valid reason, they may reject the extension request even if the employee has enough leave left.
If the employee extends their leave without approval, they risk losing their salary for the extended period and may face termination of employment.
However, if there are genuine reasons necessitating the extension, the employee should provide valid documentary evidence to the employer to justify the need for additional leave.
In the case of termination, the employee can challenge the decision if they have valid reasons and supporting documents for the leave extension without the employer's consent.
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In the UAE, the approval of annual leave is largely at the employer's discretion, even if the leave application was submitted well in advance. This situation can be challenging for employees who have made travel plans based on their leave requests.
Employer's Discretion and Legal Framework
According to Article 29(4) of Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relations, employers have the right to set the dates of annual leave for their employees based on work requirements.
The law states, "The employee shall use his leave in the year of entitlement. The employer may fix the dates of leave according to the work requirements and in agreement with the employee, or rotate leaves among employees for the smooth progress of work, and shall notify the employee of the date of his leave at least one month before the same."
This means that despite applying for leave two months in advance, your employer can legally reject your request if it conflicts with the company's operational needs or if leave rotations are necessary to ensure the smooth running of the business.
Employer's Obligation to Grant Leave
However, the law also mandates that employers must grant annual leave at least once every two years unless the employee agrees to carry forward the leave or receive payment instead of leave.
Article 29(8) of the UAE Employment Law specifies, "The employer may not prevent the employee from using his accrued annual leave for more than two years unless the employee wants to carry it over or be paid in place of leave according to the Establishment bylaws and as specified by the Executive Regulations of this Decree-Law."
Handling Leave Rejection
If your leave has been pre-approved in writing and then rejected, your employer might be obligated to cover any non-refundable travel expenses you incurred based on the approved leave.
While the UAE Employment Law and subsequent ministerial decrees do not provide explicit remedies for such cases, having written approval can strengthen your position in negotiations with your employer.
Recommendations for Employees
To avoid potential financial losses and ensure your travel plans are not disrupted, it is advisable to:
* Obtain written pre-approval for your annual leave from your employer.
* Plan your vacation only after receiving this written confirmation.
* Keep records of all communications and approvals regarding your leave.
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In the United Arab Emirates (UAE), understanding immigration and deportation processes is essential for both residents and newcomers.
These procedures are governed by well-defined legal frameworks to maintain public order, ensure security, and regulate residency.
Immigration
Federal Law No. (6) of 1973: UAE Immigration and Residence Regulations
To streamline immigration and residence procedures, the UAE has implemented Federal Law No. (6) of 1973. This law provides clear guidelines for the entry, residence, and employment of foreigners in the country.
Amended by Federal Decree-Law No. (17) of 2017, it aims to ensure orderly immigration processes while safeguarding national security and economic interests.
Key Points of the Law
Entry Requirements: Foreigners entering the UAE must do so through designated ports of entry with a valid passport and the appropriate visa or entry permit. Certain exemptions may apply as per Cabinet decisions.
Visas and Permits: The law categorises visas into various types, including visit visas for tourists and short-term visitors, and residence visas for those seeking long-term stay. The issuance, renewal, and cancellation of these visas are governed by the Federal Authority for Identity and Citizenship.
Work Regulations: Holders of visit visas are prohibited from working in the UAE without explicit permission. Employment is strictly regulated to ensure compliance with labour laws and protect both employers and employees.
Residence Permits: Foreigners intending to reside in the UAE for an extended period must obtain a residence permit. These permits are issued based on specific criteria, including employment, investment, or family sponsorship.
Registration Requirements: Upon arrival, foreigners must register their details with immigration authorities. Employers also play a crucial role in ensuring compliance by reporting changes in employment status or residence to the relevant authorities.
Penalties and Enforcement: The law imposes penalties for violations such as illegal entry, unauthorised employment, and forgery of documents. Penalties may include fines, imprisonment, and deportation, depending on the severity of the offence.
Special Provisions: Certain categories of individuals, such as diplomats and heads of state, enjoy exemptions from certain provisions based on international treaties and reciprocity agreements.
Implementation and Compliance
Federal Law No. (6) of 1973 emphasises the importance of co-operation between various governmental bodies to enforce its provisions effectively. It also provides mechanisms for the regularisation of illegal residency, offering opportunities for individuals to rectify their status within the legal framework.
Deportation
There are two primary types of deportation in the UAE:
Judicial Deportation: This type of deportation is issued under a court order against a foreigner convicted of serious crimes, including felonies punishable by imprisonment or offences involving sexual assault.
According to Article 121 of Law No. 3 of 1987 on the penal code, amended by Federal Law No. 34 of 2005 and further amended by Federal Decree-Law No. 7 of 2016, such individuals are mandated to be deported from the UAE.
Administrative Deportation: Administered by the Federal Authority for Identity and Citizenship, administrative deportation occurs for reasons related to public interest, security, morals, or health.
It can also be enforced if the foreigner lacks visible means of support. Individuals subject to administrative deportation may apply for removal through the General Directorate of Residency and Foreigners Affairs in their emirate.
Reasons for Deportation
Deportation orders are issued for various reasons, including criminal activities, threats to public safety and violations of residency regulations. Individuals may face deportation for failing to maintain lawful residency status or engaging in activities deemed harmful to society.
Lifting Deportation Orders
Foreigners under deportation orders may request a grace period upon posting bail to resolve ongoing interests in the UAE. Typically, this grace period, overseen by the Federal Authority for Identity and Citizenship, does not exceed three months.
Re-entry to the UAE after deportation requires special permission from the director general of the authority, involving a detailed application outlining previous residency permits, reasons for deportation, and justifications for return.
Blacklists and Administrative Lists
In addition to deportation, individuals may be placed on blacklists or administrative lists, restricting entry to or exit from the UAE. Blacklists include individuals convicted of crimes, those posing threats to public security, or those with outstanding financial obligations.
Administrative lists cover individuals such as domestic helpers who violate residency rules or abscond from sponsors.
Lifting Names from Lists
Names on blacklists or administrative lists can be lifted under specific conditions set by competent courts, ministerial decisions, or relevant government authorities. Procedures vary based on the reasons for listing, emphasising compliance with legal requirements.
Understanding and Compliance
Understanding these immigration and deportation procedures is essential for anyone residing or planning to reside in the UAE, ensuring adherence to local laws and avoiding legal repercussions.
This combined guide provides essential insights into navigating UAE's immigration and deportation processes, promoting informed decisions and legal compliance.
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In the UAE, either an employer or an employee can terminate an employment contract, provided they follow the required notice period and other legal stipulations.
Here's a comprehensive guide on when and how either party can end a contract, including situations that constitute arbitrary dismissal.
Situations for Terminating an Employment Contract
According to Article 42 of the Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations in the Private Sector (UAE Labour Law), employment contracts can be terminated under the following circumstances:
Contract Expiry: When the contract term expires and is not renewed.
Mutual Agreement: When both parties agree in writing to terminate the contract.
Unilateral Termination: Either party can terminate the contract, provided they observe the legal provisions and notice period.
Employer’s Death: If the employer's death directly impacts the employment contract.
Employee’s Death or Disability: If the employee dies or becomes permanently unable to work, as certified by a medical authority.
Legal Penalty: If the employee receives a final court judgment with a freedom-restricting penalty of at least three months.
Closure of Business: If the establishment is permanently closed in line with UAE legislation.
Bankruptcy or Insolvency: If the employer becomes bankrupt, insolvent, or encounters exceptional circumstances that prevent business continuation.
Work Permit Issues: If the employee fails to renew their work permit for reasons beyond the employer’s control.
Notice Period for Termination
Article 43 stipulates that either party can terminate the contract for any legitimate reason with a written notice. The notice period ranges from 30 days to 90 days, depending on the agreement. During this period:
Work Continuation: The employee must continue to work as per the contract.
Wage Entitlement: The employee is entitled to full wages during the notice period.
Compensation for Missing Notice: If a party fails to serve the notice period, they must compensate the other party with an allowance equivalent to the wage for the notice period.
Job Search Leave: If the employer terminates the contract, the employee is entitled to one unpaid leave day per week to search for a new job.
The notice period can be reduced or waived if both parties agree without infringing on their rights.
Termination Without Notice by the Employer
Article 44 allows employers to terminate an employee without notice under specific conditions, such as:
False Identity or Forged Documents: If the employee adopts a false identity or submits forged documents.
Material Loss or Damage: If the employee causes significant material loss or deliberately damages the employer’s property, the employer reports this to MoHRE within seven working days.
Safety Violations: If the employee violates workplace safety instructions.
Persistent Non-performance: If the employee fails to perform essential duties despite two warnings.
Confidentiality Breach: If the employee divulges company secrets, causing losses or missed opportunities for the employer.
Intoxication or Immoral Conduct: If the employee is found drunk, under the influence of drugs, or commits immoral acts at work.
Assault: If the employee assaults the employer, manager, or colleagues.
Excessive Absenteeism: If the employee is absent without a lawful excuse for over 20 intermittent days or more than seven consecutive days in a year.
Illegal Position Exploitation: If the employee exploits their position for personal gain.
Unauthorised Employment: If the employee joins another establishment without following the proper procedures.
The employer must conduct a written investigation before terminating the employee without notice, and the dismissal notice must be justified and in writing.
Termination Without Notice by the Employee
Article 45 allows employees to terminate the contract without notice if the employer:
Breaches Contractual Obligations: Fails to meet contractual or legal obligations, and does not rectify the breach within 14 working days after notification by MoHRE.
Harassment or Assault: Assaults or harasses the employee, and the employee reports it to the authorities within five working days.
Fundamental Work Change: Instructs the employee to perform fundamentally different work without written consent, except in cases of absolute necessity.
Workplace Danger: Fails to remove grave dangers threatening the employee’s safety or health, despite being aware of it.
Arbitrary Dismissal
Article 47 defines arbitrary dismissal as termination due to the employee filing a legitimate complaint with MoHRE or a lawsuit against the employer. If proven, the court will order the employer to compensate the employee up to three months' wages and any unpaid dues such as gratuity and notice period compensation.
Changing Jobs or Working for Another Employer
Article 27 of Cabinet Resolution No. 1 of 2022 permits employees to work for another employer and obtain a new work permit after contract termination if:
* The previous contract term ends without renewal.
* The contract is terminated under Articles 42 and 45.
* The employer terminates the contract without giving a reason.
After termination or contract expiry, employees have a grace period to obtain a new work permit and residency or leave the country. Illegal residents face fines or deportation.
For more information on grace periods, work permits, and residency, refer to MoHRE and the Federal Authority for Identity, Citizenship, Customs & Ports Security (ICP).
Article 8 of Ministerial Resolution No. 47 of 2022 states that an employee may be barred from obtaining a work permit for one year if they terminate the contract during the probation period without the employer breaching contractual obligations, or if a 'work abandonment' report against them is found to be true.
For detailed procedures and assistance, consult the Ministry of Human Resources and Emiratisation.
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In the UAE, domestic workers are protected under the executive regulations of 2022, ensuring clarity on contract terms, work nature, rest periods, and pay.
This law covers 19 occupations and prohibits discrimination based on race, colour, gender, religion and political opinion, providing a comprehensive framework for fair treatment.
This article breaks down the legal regulations around salary deductions and the protections in place for domestic workers in the UAE.
Salary Deductions: What's Allowed?
Employers can deduct from a worker's pay if the worker causes damage by committing a serious mistake or violating instructions. This deduction can be up to 25 per cent of the repair cost, determined by mutual agreement or the Ministry if there's a dispute.
Unresolved disagreements can be taken to court. Deductions for debt repayment, as ordered by a court, cannot exceed 25 per cent of the worker's wage.
Salary Suspension: When Does It Apply?
A worker detained before a trial won't receive wages during detention. If an employer files a criminal case and the worker isn't tried or is found not guilty, the worker gets paid for the detention period. If convicted, the worker won't be paid for that time.
If someone other than the employer files a case and the worker is convicted, no wages are paid for the detention period. If acquitted, the person who reported the worker must pay the suspended wages unless waived by the worker.
Resolving Disputes
Unresolvable disputes between employers and domestic workers must be referred to the Ministry of Human Resources and Emiratisation (MoHRE). If the Ministry can't resolve the issue within two weeks, it goes to court with MoHRE's recommendations. Domestic workers’ cases are exempt from court fees at all litigation stages and must be resolved promptly.
Legal Protections for Domestic Workers
Domestic workers are entitled to:
* Wages within 10 days from the due date, as per the contract.
* One paid rest day per week.
* 12 hours of daily rest, including eight consecutive hours.
* 30 days of paid annual leave.
* A round-trip ticket home every two years.
* Up to 30 days of sick leave per year.
* Retention of their identification documents.
Employer Responsibilities
Employers must:
* Provide suitable accommodation, meals, and clothing.
* Ensure timely payment of wages.
* Provide medical care or health insurance.
* Maintain a safe and respectful working environment.
* Compensate for work-related injuries or occupational diseases.
Who Are Domestic Workers?
In the UAE, the following 19 occupations are considered domestic workers:
1. Housemaid/Servant
2. Sailor
3. Guard
4. Shepherd
5. Jockey
6. Tamer
7. Falcon care-taker
8. Worker
9. Housekeeper
10. Cook
11. Nanny/babysitter
12. Farm worker/grower
13. Gardener
14. Personal trainer/coach
15. Private tutor
16. Home nurse
17. Personal assistant
18. Private agricultural engineer
19. Personal/family driver
Avoid Unauthorised Centres
Hiring must be done through approved recruitment agencies to avoid unauthorised centres. Check the complete list of approved domestic worker recruitment centres [Add the link of the article Hiring a Maid in the UAE? Here’s the
Complete List of Approved Domestic Worker Recruitment Centres]
Under Federal Decree-Law No. 9 of 2022, several key provisions outline domestic workers' and employers' rights and obligations. Read more about it at https://thelawreporters.com/are-you-a-domestic-worker-in-uae-know-your-rights-and-obligations-of-employer/
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The Ministry of Human Resources and Emiratisation (MoHRE) has confirmed that domestic workers must comply with their employer’s instructions unless these instructions contravene the terms of the contract, the law, public order, or public morals, or expose the worker to danger or legal liability.
This includes the employer's right to designate a specific time and place for the domestic worker to use a mobile phone.
The Ministry indicated that a domestic worker is entitled to sick leave for a period not exceeding 30 days in a contractual year.
This leave may be taken continuously or intermittently, provided that a medical report issued by an accredited health authority in the country substantiates the worker's need for it.
The first 15 days of sick leave are compensated at the full rate, while the subsequent 15 days are compensated at half the rate. Furthermore, a worker shall not be entitled to paid sick leave if the illness was caused by their own misconduct.
Regarding the employer’s authority to deduct from the worker’s wages, the Ministry outlined two distinct cases. If the worker commits a grave fault or violates instructions, resulting in damage to the employer, the employer may, with the consent of the domestic worker or the Ministry, deduct from their wages up to 25 per cent of the amount necessary to compensate for the damage.
This may include, for example, the loss or damage of tools, machinery, products, or materials owned by the employer or in the custody or control of the domestic worker. If the parties fail to reach an agreement with the Ministry, the dispute shall be referred to the judiciary.
Additionally, the employer is obliged to deduct from the worker’s wages an amount sufficient to satisfy any debts resulting from a court judgement, with a maximum deduction of one-quarter of the wages in question.
In the event of a dispute between a domestic worker and a recruitment office that cannot be resolved amicably, the matter must be referred to the Ministry. The Ministry will then take legal action to settle the dispute.
If an amicable settlement is not possible, the matter will be referred to the competent court.
Similarly, in the event of a dispute between an employer and a domestic worker that cannot be resolved amicably, the matter must be referred to the Ministry, which will take appropriate measures to settle the dispute.
If an amicable settlement is not possible, the dispute will be referred to the competent court.
In response to the question of when the domestic worker and the employer may terminate the labour contract and the obligations of each party upon termination, the Ministry stated that either party to the labour contract has the right to terminate it unilaterally if the other party breaches their obligations.
If the employer terminates the contract for reasons not attributable to the domestic worker, the employer must provide a ticket for the worker to return to their homeland and pay any other dues owed to the worker.
If the contract is terminated by the domestic worker after the trial period due to reasons attributable to them, the obligations shall be as specified in the following cases:
If the domestic worker is recruited by name/direct recruitment, they must pay for their return to their homeland and any other outstanding payments owed by the employer.
If the worker is unable to pay for their return, the employer must cover these costs.
If the worker is recruited through a recruitment office, the office must cover the expenses of returning the worker to their country.
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The UAE Golden Visa programme has been a hot topic for many aspiring residents, offering long-term residency with numerous privileges.
This article delves into the details of the Golden Visa, including its benefits, eligibility criteria, the nomination process and notable Indian celebrities and businesspeople who have acquired it.
What is the Golden Visa?
The UAE Golden Visa is a long-term residency visa introduced in 2019. It allows foreigners to live, work, and study in the UAE without the need for a national sponsor and with full ownership of their business on the UAE’s mainland. The visa is issued for 5 or 10 years and is renewable.
How to Get a Golden Visa
The Golden Visa is available to various categories of individuals, including investors, entrepreneurs, specialised talents, researchers, and outstanding students. Here's a breakdown of the key categories:
Investors
* Public Investments: Must deposit a minimum of Dh2 million in an accredited UAE investment fund. Alternatively, they can present a commercial or industrial licence with a capital of no less than Dh2 million and contribute at least Dh250,000 annually to the government.
* Real Estate Investors: Must own property or properties valued at a minimum of Dh2 million. The property can be mortgaged, provided the loan is from an approved local bank.
Entrepreneurs
* Entrepreneurs need to own an economic project of a technical or future-oriented nature with a minimum value of Dh500,000. They must obtain approval letters from an auditor, the relevant emirate authorities, and an accredited business incubator in the UAE.
Specialised Talents
* Doctors and Scientists: Require an approval letter from the Ministry of Health and Prevention (for doctors) or a recommendation from the Emirates Council of Scientists (for scientists).
* Inventors: Need a recommendation letter from the Ministry of Economy validating their patent's economic value.
* Creative Individuals: Must have an approval letter from the respective emirate's Department of Culture and Arts.
* Executive Directors: Must hold a bachelor's degree, have at least five years of experience, earn a minimum salary of Dh50,000, and have a valid work contract.
Outstanding Students
* High School Students: Must be national-level toppers with a minimum grade of 95% in secondary school and recommendation from the Ministry of Education.
* University Students: Must graduate from a university rated among the top 100 globally with a GPA of at least 3.5, and it should not be more than two years since graduation.
Pioneers of Humanitarian Work
* Must have worked for international organisations, civil associations, or as humanitarian financiers with a minimum contribution of Dh2 million. Recognition through awards or recommendations from relevant bodies is required.
Frontline Heroes
* Frontline workers such as nurses, lab technicians, and other medical professionals who have shown exceptional service, particularly during crises like the COVID-19 pandemic, may also be eligible with a recommendation from a competent local government entity.
Privileges of Having a Golden Visa
Holding a UAE Golden Visa comes with several benefits:
* Long-term residency: Up to 10 years, renewable.
* Business ownership: 100 per cent ownership of businesses on the mainland.
* Family sponsorship: The visa holder can sponsor their spouse, children, and parents.
* Stability and security: Assurance of long-term residency regardless of employment status.
Indian Celebrities and Businesspeople with Golden Visas
Several high-profile Indian personalities have received the UAE Golden Visa, highlighting the programme's attractiveness:
Shah Rukh Khan: The Bollywood superstar was among the first Indian celebrities to receive the Golden Visa.
Sanjay Dutt: The actor received the Golden Visa, expressing his gratitude for the honour.
Boney Kapoor: The producer was granted the visa in recognition of his contributions to Indian cinema.
Murali Kartik: The former Indian cricketer also holds a Golden Visa, symbolising the UAE’s appreciation of sports personalities.
How Can One Get a Golden Visa?
Even if you don't fit into the high-profile categories, you can still be eligible for the Golden Visa. Here’s a step-by-step guide to starting your nomination:
Check Eligibility: Ensure you meet the criteria under one of the categories (investors, entrepreneurs, specialised talents, or outstanding students).
Prepare Documentation: Gather all required documents, such as passports, investment proofs, business licences, and academic certificates.
Apply Online: Visit the official UAE government portal or the Federal Authority for Identity and Citizenship (ICA) website to submit your application.
Nomination and Review: Your application will be reviewed, and you may be contacted for additional information or an interview. In some instances, individuals might receive pre-approval or nomination from UAE authorities. Nevertheless, if you're not pre-approved, you still have the option to nominate yourself.
Approval and Issuance: Upon approval, you will receive your Golden Visa, allowing you to enjoy the numerous benefits it offers.
The UAE Golden Visa offers an exceptional opportunity for long-term residency, business ownership, and family stability in one of the world's most dynamic regions.
Whether you are an investor, entrepreneur, specialised talent, or outstanding student, the path to securing this prestigious visa is accessible with the right preparation and understanding of the process.
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In the UAE, the standard retirement age for employees is set at 60 years. However, there are provisions and flexibility that allow employees to continue working beyond this age under certain conditions.
According to UAE labour law, the official retirement age is 60 years. This applies to both Emiratis and expatriates working in the country.
However, the UAE government has implemented changes to provide more flexibility. Employees can extend their working years up to the age of 65, provided they obtain the necessary approvals from the Ministry of Human Resources and Emiratisation (MoHRE).
Federal Law No. 8 of 1980 and Ministerial Resolution No. 52 of 1989
Federal Law No. 8 of 1980 is a cornerstone of the UAE's labour law framework, providing comprehensive regulations on employment relations. This law, along with subsequent ministerial resolutions, outlines various aspects of employment, including the retirement age.
Ministerial Resolution No. 52 of 1989
Ministerial Resolution No. 52 of 1989 provides specific guidelines related to the recruitment and employment of non-national employees.
Age Limit for Employment: This resolution initially set the maximum age for expatriate employees at 60 years. However, it allows for exceptions if the employee has rare expertise and their role is deemed economically important.
Extension Beyond 60 Years: Since 2011, the MoHRE has been accepting requests for work permits for employees aged between 60 and 65 years. This extension is contingent upon approval, which considers the employee's qualifications and the nature of their job.
Flexibility and Recent Updates
While the primary law and resolution provide a framework, recent updates and government policies have introduced more flexibility:
Retirement Age Flexibility: MoHRE's acceptance of work permit requests for employees beyond 60 years up to 65 years allows experienced professionals to continue contributing to the workforce. This is particularly relevant for roles requiring specialised skills.
Federal Decree-Law No. 33 of 2021: This newer legislation, along with its executive regulations, continues to uphold the principles of the 1980 law but introduces modern provisions to address evolving employment needs and practices.
These laws and resolutions collectively aim to balance the rights and responsibilities of employers and employees, while adapting to the economic and demographic changes in the UAE.
Free Zones and Other Exceptions
It is important to note that free zones in the UAE may have different regulations regarding retirement age. These zones have the autonomy to set their own policies, which might allow for different retirement ages or procedures for extending employment beyond the standard age.
Benefits of Continuing Employment
Continuing to work beyond the age of 60 can be beneficial for both employees and employers. Employees can maintain their income and remain active in their professional fields, while employers can retain experienced and skilled workers who contribute significantly to their business operations.
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As an employer in the UAE, you may need to send your domestic worker back to their home country for various reasons, such as the completion of their contract, personal reasons, or changes in your household needs.
It is essential to follow the correct legal procedures to cancel their work permit and ensure a smooth and lawful exit from the UAE.
The UAE government has established a clear process to assist employers in this situation, ensuring that both the rights of the domestic worker and the legal requirements of the UAE are respected.
Understanding this process is crucial to avoid any legal complications and to provide a respectful and dignified departure for your domestic worker.
Understanding the Legal Framework
The cancellation of a work permit in the UAE is governed by the Ministry of Human Resources and Emiratisation (MoHRE).
This process is part of the broader framework designed to regulate the employment of domestic workers, ensuring their rights and welfare are protected while allowing employers to manage their household staff effectively.
The process includes several steps, from gathering necessary documentation to finalising the worker’s departure and involves both online and offline procedures.
Following these steps meticulously will not only comply with UAE laws but also support a positive and professional relationship with your domestic worker. Here’s a detailed guide on how to proceed with the cancellation of the work permit.
Steps to Cancel the Work Permit
1. Gather Required Documents
*Passport of the domestic worker
* Residence visa of the domestic worker
* Employment contract
* Sponsor’s Emirates ID
* Domestic worker’s labour card (if applicable)
2. Visit a Typing Centre or Use Online Services
* Passport of the domestic worker
* Residence visa of the domestic worker
* Employment contract
* Sponsor’s Emirates ID
* Domestic worker’s labour card (if applicable)
2. Visit a Typing Centre or Use Online Services
* Go to an approved typing centre to fill out the cancellation form.
* Alternatively, you can use the Ministry of Human Resources and Emiratisation (MoHRE) online portal to submit the application.
3. Submit the Application
* Provide all the necessary documents and the completed cancellation form at the typing centre.
* If applying online, upload scanned copies of the required documents.
4. Pay the Cancellation Fees
* Pay the necessary fees for the cancellation process. Fees can vary, so it is advisable to check the latest information on the MoHRE website.
5. Receive the Cancellation Approval
* Once the application is processed, you will receive an approval notification.
* This approval is essential for the next steps, as it officially cancels the work permit and residence visa.
6. Book a Flight for the Domestic Worker
* Arrange a flight for the domestic worker to their home country.
* Ensure the travel date is within the grace period provided after the cancellation of the visa.
7. Complete the Exit Procedures
* On the day of departure, accompany the domestic worker to the airport.
* Ensure all final exit formalities are completed, including presenting the cancellation approval at immigration.
8. Settle Final Dues
* Pay any outstanding wages or end-of-service benefits to the domestic worker.
* Obtain a receipt or written acknowledgment from the domestic worker for the payment.
Important Considerations
* Grace Period: After cancelling the work permit, the domestic worker usually has a 30-day grace period to exit the country.
* End-of-Service Benefits: Make sure to calculate and pay any end-of-service benefits as per the UAE labour law.
* Legal Compliance: Following the correct procedure ensures that both the sponsor and the domestic worker remain compliant with UAE laws.
Conclusion
Cancelling a work permit and ensuring a smooth exit for your domestic worker involves several steps that need to be carefully followed.
By adhering to the guidelines provided by the MoHRE and other official sources, you can facilitate a lawful and respectful departure for your domestic worker. For more detailed information, always refer to the official MoHRE website or contact their customer service for assistance
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The Ministry of Human Resources and Emiratisation (MoHRE) has announced that June 30 is the final deadline for achieving Emiratisation targets for the first half of 2024.
These targets require a 1% increase in the number of UAE citizens in skilled positions at companies with 50 or more employees, as per the Council of Ministers' decisions.
In a press release, the ministry stated that from July 1st onwards, it will begin assessing companies' compliance with these targets and will impose financial penalties on those that fail to meet the requirements.
The ministry praised companies that have met the growth targets, highlighting the importance of registering Emirati employees in a pension fund and the Wage Protection System (WPS). It urged these companies to maintain the achieved growth rates by June 30.
Expressing confidence in companies' ability to meet their commitments amid the UAE's rapid economic development, the ministry noted the significant contributions of Emirati citizens in the private sector.
Additionally, the ministry encouraged companies that have not yet met their targets to use the Nafis Programme’s digital platform. This platform provides access to a large pool of qualified Emirati job seekers across various fields.
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The Ministry of Human Resources and Emiratisation (MoHRE) has introduced a new video call service for customers via its official smart application, aiming to enhance digital services and customer support. This feature complements the existing video call service available on WhatsApp through the number 600590000.
Enhancing Digital Services
The launch of the video call service aligns with the UAE Government’s ambitious digital transformation goals. By expanding and supporting the scope of its digital offerings, MoHRE aims to provide seamless and efficient customer service. Users can now inquire about all MoHRE services and receive necessary support through video calls with customer happiness consultants.
Accessible and User-Friendly
Customers can access the video call service through the Ministry’s official application by selecting the ‘Support and Contact’ option. Additionally, the service is available on WhatsApp under the ‘Establishments and Workers’ or ‘Domestic Workers’ options, ensuring a seamless and efficient communication channel for all users.
Strategic Expansion
“Expanding the new service and launching it through the smart application is part of our strategy at the Ministry of Human Resources and Emiratisation,” said Hussain Al Alili, Director of the Customer Relations Department at MoHRE. “It aligns with our commitment to providing outstanding services to customers, expanding our digital offering, and ensuring a comfortable, easy, and quick user experience.”
Customer-Centric Approach
“The new service is designed to meet the needs of all customers, providing them with support, assistance, and prompt responses from the ministry. This initiative serves to enhance compliance with labour market regulations and provide reliable answers to users’ questions,” Al Alili added. He also praised the ministry’s qualified and highly trained team for their efficiency in responding to inquiries in various languages and providing effective solutions and advice.
How to Use the Service
The launch of this service is part of MoHRE's ongoing efforts to modernise and enhance the labour market framework in the UAE. By integrating advanced technology, MoHRE continues to uphold its commitment to protecting workers' rights and fostering a fair and productive work environment.
Service Availability
The video call service will be available to customers during MoHRE’s official working hours from 7:30 am to 3:00 pm Monday to Thursday, and from 7:30am to 12:00pm on Friday. Customers can also contact the ministry’s call centre at 600590000 any time throughout the week.
Conclusion
The introduction of the video call service by the Ministry marks a significant step towards enhancing digital services and customer support. By leveraging modern technology to provide seamless and efficient communication channels, MoHRE demonstrates its commitment to customer satisfaction and digital transformation.
This service is expected to streamline interactions, provide timely and reliable assistance, and uphold the ministry's high standards of service excellence, ultimately benefiting the UAE’s labour market and its stakeholders.
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In the fast-paced and competitive world of business, trust is paramount. Crimes in the workplace can take various forms, but one of the most insidious is the creation and misuse of deceptive documents by employees, particularly those in managerial positions.
The impact of these crimes can be profound for the company. Therefore, this article will focus on breach of trust, embezzlement of funds, forgery and fraud perpetrated against employers by employees.
Forgery
Forgery is a serious concern with significant societal implications. It involves the creation of a false instrument intended to deceive others into accepting it as genuine, thereby causing harm.
Under Article 251(4) of the Crimes and Penalties Law, forging a document or falsely attributing it to a third party constitutes forgery. UAE law imposes strict penalties, including temporary imprisonment for up to 10 years, for misappropriating fake official documents. The effects of forgery extend beyond immediate financial losses; forged documents can lead to severe consequences for employers.
Embezzlement of Funds
Embezzlement refers to the dishonest appropriation by an employee of money or valuables entrusted to them by their employer. The UAE Penal Code outlines severe consequences for those misusing their positions within a company.
It stipulates that individuals who unlawfully seize company papers or funds through misuse of office can face temporary imprisonment. Additionally, using forged documents exacerbates the penalty to a minimum of five years' imprisonment.
Thus, employees guilty of embezzling funds or misappropriating company papers may face imprisonment. Consequently, embezzlement damages the company's reputation, undermining trust among clients, investors and stakeholders, thereby jeopardising business opportunities and tarnishing the company's image.
Fraud
Fraud involves knowingly or recklessly making false representations through statements or conduct to gain a material advantage. Within companies, fraudulent activities encompass unethical practices such as misappropriation of assets or falsification of documents.
Employee fraud against employers poses a significant threat to company stability, involving deceptive actions aimed at personal gain. According to the Crimes and Penalties Law, individuals unlawfully taking property or using deceitful means for personal benefit can face imprisonment or fines.
Breach of Trust
Breach of trust occurs when a person in a position of responsibility, such as a trustee, fails to fulfil their duties, thereby betraying the trust placed in them.
This betrayal often results in harm or loss to the company. Breach of trust can lead to financial losses and damaged reputations, ultimately affecting the company's standing.
Under Article 453 of Federal Decree-Law No. 31 of 2021, individuals misappropriating entrusted money or documents to the detriment of the rightful owner can face imprisonment or fines.
For instance, a manager creating documents on behalf of the company and subsequently delegated to employees who misuse them could result in liability and subsequent damages for the company, potentially leading to imprisonment or fines for those involved.
Conclusion
Federal Decree-Law No. 31 of 2021 (Crimes and Penalties Law) safeguards employers against fraudulent actions by employees, which pose significant risks to companies. Understanding the severe penalties outlined in this law serves as a strong deterrent, discouraging involvement in criminal activities.
The law aims not only to protect employers but also to ensure that individuals engaging in fraud face appropriate consequences.
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In today's dynamic economic landscape, where businesses can face unexpected challenges leading to insolvency, it is crucial for employees to understand their rights and protections under the law.
In the United Arab Emirates (UAE), Federal Decree Law 51 of 2023, promulgating the Financial Reorganisation and Bankruptcy Law (the “Bankruptcy Law”), has been pivotal in safeguarding the interests of employees when their employer declares insolvency. This legislation outlines a framework designed to provide reassurance and support to employees during what can be a tumultuous period.
Immediate Protections and Entitlements
This newly enacted Bankruptcy Law establishes that employees are considered privileged creditors. This means that when the company's assets are liquidated to settle debts, employees' claims for unpaid wages, end-of-service benefits and other entitlements are given priority over other creditors, except for secured creditors (like banks with mortgages).
When a company in the UAE declares insolvency, employees are entitled to several key protections and benefits:
Notification and Reporting: When an employer becomes insolvent or is unable to pay its debts, they must notify the Ministry of Human Resources and Emiratisation (MoHRE) within a specified timeframe. This notification triggers the implementation of protective measures outlined in the law.
Unpaid Wages and End-of-Service Benefits: The newly enacted law ensures that employees have a legal right to receive their unpaid wages, end-of-service benefits and any other financial entitlements accrued during their employment. In other words, when a company's assets are liquidated to pay off debts, employees' claims for their financial entitlements are given precedence. This is crucial as it safeguards employees from losing their rightful compensation due to the financial difficulties of their employer.
Redundancy Payments: In cases where the insolvency leads to redundancies, employees can demand compensation. This includes compensation for notice periods and severance pay, which are crucial lifelines for individuals facing sudden unemployment.
Legal Framework and Implementation
The Bankruptcy Law ensures that these protections are enforceable through a clear legal framework. Employers or trustees appointed by the court are obligated to comply with these provisions and ensure that all entitlements are settled. Failure to do so can result in penalties and legal consequences for the employer.
The law underscores the UAE government's commitment to maintaining fair labour practices and protecting the rights of all employees, particularly in times of economic hardship.
Challenges and Considerations
While the law provides robust protections, navigating the complexities of insolvency proceedings can still pose challenges. Employees may encounter delays in receiving their entitlements due to the intricacies of asset liquidation and debt settlement.
Therefore, it's advisable for affected individuals to seek guidance from legal experts or labour lawyers to ensure their rights are upheld throughout the process.
Conclusion
This new Bankruptcy Law represents a significant stride in ensuring that employees are not unduly disadvantaged when their employer faces insolvency. By prioritising employees' financial entitlements and providing support mechanisms during transitional periods, the UAE government underscores its commitment to safeguarding the welfare of its workforce.
For employees navigating the aftermath of company insolvency, understanding these rights and accessing available resources can make a crucial difference in mitigating the impact of unexpected job loss and financial uncertainty.
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In the UAE, free zones play a crucial role, offering unique benefits to companies and employees alike. However, understanding the legal landscape, especially when it comes to labour issues, can be challenging. For free zone employees facing workplace disputes, identifying the proper channels to file a complaint is essential.
Here’s a comprehensive guide on how free zone employees can address their grievances effectively.
Understanding Free Zones
Free zones in the UAE are designated areas where businesses operate under distinct regulatory frameworks, separate from the UAE’s mainland laws. These zones offer advantages such as full ownership of businesses by foreign nationals, tax exemptions, and simplified procedures for starting a business.
Prominent free zones include Jebel Ali Free Zone (JAFZA), Dubai Multi Commodities Centre (DMCC), and Dubai International Financial Centre (DIFC).
What Grievances Do Free Zone Employees Face in the UAE?
Free zone employees in the UAE often face a range of grievances, including delayed or unpaid salaries, unjust termination, workplace harassment and breaches of employment contracts. Additionally, issues such as inadequate working conditions, lack of proper health and safety measures, and unfair treatment or discrimination can also arise. These grievances can significantly impact the well-being and job satisfaction of employees, making it crucial for them to understand their rights and the proper channels to seek redress.
Required Documents for Filing a Labour Complaint
When filing a labour complaint, it is essential to have the following documents ready to support your case:
Steps to File a Labour Complaint
Internal Resolution: Attempt to resolve the issue internally by discussing it with your HR department or direct supervisor. This step is crucial as many disputes can be resolved through open communication. If the dispute is not settled or unsuccessful, the authority will issue a document to the aggrieved party called an NOC.
MoHRE Website: You can file an online complaint on the official website. It is important for the complaint to be reviewed by a legal expert to ensure nothing is overlooked and correct legal terms are used. You can also register the complaint by calling 600590000, which is the call centre number of the Ministry of Human Resources and Emiratisation.
Details to be Entered: Go to the services option and enter the details asked on the website, such as your name, number, and other essential details for registering a complaint. Then, click on ‘Register Complaint’.
SMS Confirmation: You will receive an SMS confirmation of your application. The MOHRE will go through all your personal details and the details of the case, and will follow up with you.
Important Considerations
Conclusion
Filing a labour complaint in a UAE free zone involves a structured process aimed at ensuring fair treatment for employees. By following the correct steps and seeking appropriate assistance, free zone employees can effectively address their grievances and seek justice.
Remember, understanding your rights and the proper procedures is the first step towards resolving any workplace dispute.
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The UAE has updated its executive regulations regarding the entry and residence of expatriates, specifying six scenarios that can lead to deportation. These updates, issued by the Federal Authority for Identity, Citizenship, Customs and Port Security (ICP), clarify both judicial and administrative deportation processes, even for individuals holding valid residence permits.
New Deportation Guidelines
The revised regulations outline six key scenarios for deportation, including:
Judicial Deportation: Ordered by a court against individuals convicted of serious crimes or misdemeanours.
Administrative Deportation: Ordered by the ICP for reasons related to public interest, security, or morals.
Four cases fall under the authority of the ICP, while two are classified as administrative deportation cases.
Key Deportation Cases
Illegal Entry: Foreigners caught trying to enter the UAE illegally, without an entry visa or residence permit.
Overstaying Visas: Individuals who let their entry or residence permits expire without renewing them within the prescribed period.
Expired Residence Permits: Those who have their residence permits cancelled and do not leave the UAE within the given timeframe.
No Means of Livelihood: Individuals without apparent means of support.
Public Interest: Deportation required by public interest, security, or morals, even if the individual holds a valid residence permit.
Implementation and Family Members
The regulations permit the ICP to include the deportee's family members in the removal order. Coordination with the Ministry of Interior and the General Command of the Police ensures the deportation process is carried out effectively. Deportation expenses are typically covered by the violator, their guarantor, or their employer.
Liquidation of Interests
If a deported individual has assets or interests in the UAE requiring liquidation, the ICP may grant up to three months to settle these matters, provided a suitable guarantee is offered.
Returning to the UAE
A previously deported foreigner can only return with special permission from the Director General of the Federal Authority for Identity and Citizenship. Those deported judicially can request a review of their deportation order by submitting a petition to the Public Prosecution, which will then be reviewed by the competent committee.
Understanding Deportation in the UAE
Deportation in the UAE is a legal process enforced to maintain public order, security and safety. Judicial deportation follows a court ruling, often linked to criminal activities, while administrative deportation can be initiated by the ICP for broader public interest reasons. The regulations aim to ensure clarity and fairness in handling residency violations, emphasising the importance of adherence to UAE residency laws.
These updates are part of the UAE's continuous efforts to regulate and manage the expatriate population effectively, ensuring the safety and security of its residents.
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Federal Decree-Law No. 9 of 2022 governs the law concerning domestic workers in the United Arab Emirates (UAE). Enacted to ensure the protection and fair treatment of domestic workers, this decree-law represents a significant step towards regulating this often overlooked sector, providing clarity on responsibilities and avenues for dispute resolution.
Understanding the Law
Under Federal Decree-Law No. 9 of 2022, several key provisions outline the rights and obligations of domestic workers and their employers, including:
Working Hours and Rest Periods: Domestic workers are entitled to a maximum of 12 hours of work per day, with at least 8 hours of rest. They should also be provided with one day off per week, preferably on a Friday.
Compensation and Benefits: Domestic workers are entitled to receive their wages in full and on time. Employers must also provide suitable accommodation, food and medical care to ensure the worker's basic needs are met.
Respect and Dignity: Employers are obligated to treat domestic workers with respect and dignity, refraining from any form of physical or verbal abuse. Likewise, workers are expected to carry out their duties diligently and respectfully.
Termination and Dispute Resolution: The decree-law stipulates procedures for termination, ensuring fair treatment for both parties. In case of disputes, avenues for resolution through mediation and legal channels are provided.
Minimum Salary: The law does not specify a minimum salary.
Annual Leave: Workers are entitled to 30 days of paid annual leave.
Probation Period: The probation period should not exceed six months from the date of commencement.
Obligations of the Employer
Challenges Faced by Domestic Workers
Despite the legal framework, domestic workers in the UAE often struggle to assert their rights due to language barriers, fear of retaliation and lack of awareness about legal protections. Common issues include underpayment, excessive working hours and inadequate living conditions.
Questions and Legal Remedies
For domestic workers seeking clarity on their rights and obligations, here are some common questions addressed:
Q1: What should I do if I'm not being paid my wages or if my employer breaches the terms of my contract?
A: Document any violations and seek assistance from relevant authorities such as the Ministry of Human Resources and Emiratisation (MoHRE) or legal aid organisations specialising in labour rights.
Q2:My employer is demanding I work beyond the stipulated hours. What recourse do I have?
A: Inform your employer of the legal limits on working hours and request adherence to the law. If the issue persists, consider seeking assistance from labour authorities or legal advisors.
Q3:I am facing mistreatment and abuse from my employer. How can I ensure my safety and seek redressal?
A: Contact law enforcement or seek refuge at shelters provided for victims of abuse. Additionally, legal aid organisations can assist in filing complaints and obtaining protection orders.
Workmen Gratuity
For domestic workers in the UAE, entitlement to gratuity depends on the terms outlined in their employment contract and whether they fall under the purview of the UAE Labour Law or other regulations.
While Federal Decree-Law No. 9 of 2022 may not explicitly mention gratuity provisions, it focuses on aspects such as working hours, compensation, and dispute resolution mechanisms.
Domestic workers should review their contracts carefully to understand their entitlements regarding gratuity. If gratuity is not explicitly stated, they may seek clarification from their employer or legal advisors.
In conclusion, while Federal Decree-Law No. 9 of 2022 marks progress in safeguarding the rights of domestic workers in the UAE, effective implementation and awareness are crucial.
By understanding their rights and obligations, domestic workers can navigate challenges more confidently, while employers can uphold ethical standards and foster a culture of respect and dignity in the workplace.
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Annual leave requests in the UAE can sometimes be tricky, especially when employer decisions are influenced by the absence of other colleagues. Understanding the legal framework governing these decisions is crucial for both employers and employees.
Employer Discretion on Annual Leave
In the UAE, the authority to approve or deny annual leave requests largely rests with the employer. According to Article 29 (4) of Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relations (the 'UAE Employment Law'), employers have the right to set the dates for annual leave based on the needs of the business.
Employers may also rotate leave among employees to ensure smooth operations. This law mandates that employees should be informed of their leave dates at least one month in advance.
Conditions for Leave Denial
Employers are required to grant annual leave at least once every two years. If an employee prefers to carry forward their leave or receive payment in lieu, this must align with the establishment’s bylaws and be specified in the Executive Regulations of the Decree Law. Specifically, Article 29 (8) stipulates that an employer cannot prevent an employee from using their accrued annual leave for more than two years unless the employee consents to carry it forward or receive compensation instead.
Financial Implications for Employees
If an employer initially agrees in writing to grant annual leave and later rescinds this decision, they may be liable for any financial losses incurred by the employee, such as pre-paid travel tickets.
While the UAE Employment Law and subsequent ministerial decrees do not explicitly address remedies for such situations, obtaining written pre-approval for leave is advisable. This helps protect employees from potential financial setbacks.
Best Practices for Employees to Avoid Issues with Annual Leave
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Did you receive a text message asking you to renew your ILOE (Involuntary Loss of Employment) subscription? If you were among the first employees in the UAE to enrol in the unemployment insurance scheme, which commenced on January 1, 2023, and opted for an annual subscription, you might have already received a renewal notification. Early subscribers are now being reminded via text messages to renew their policies.
According to the Ministry of Human Resources and Emiratisation (MoHRE), over 6.7 million UAE residents have subscribed to the scheme since it took effect. The deadline to enrol ended on October 1.
A Dh400 fine was imposed on workers who failed to sign up. A Dh200 fine applies to subscribers who fail to pay the premiums for more than three months. Employees whose work permits were issued after October 1, 2023 must subscribe to the scheme within four months, failing which they face a Dh400 fine.
Employees who fail to pay their fines within three months from the due date will have the amount deducted from their wages or end-of-service gratuity. New work permits will not be issued until the fines are cleared.
Emiratis and expatriates working in the federal government and private sectors are required to subscribe to the scheme. Exempted categories include investors, domestic helpers, temporary contract workers, juveniles and retirees who are entitled to a pension.
The ultra-low-cost scheme is divided into two categories:
Steps to Renew Your ILOE Subscription
Subscription Information
Select Your Sector
Enter Your Details
Access Your Dashboard
Renew Your Policy
Make a Payment
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In the United Arab Emirates (UAE), where the workforce spans various industries and nationalities, ensuring fair and transparent payment practices is crucial.
The UAE Labour Law provides a framework that outlines not only the rights of employees but also the obligations of employers when it comes to salary payments.
Understanding the nuances of these regulations is essential for both employers and employees to foster a harmonious working environment.
Here are six salary payment options stipulated by the UAE Labour Law, shedding light on how wages can be paid while maintaining fairness and compliance:
1 Monthly Salary Payments: The most common practice in the UAE is the monthly salary payment, where employees receive their wages on a monthly basis. This ensures regular income for employees and allows employers to streamline their payroll processes.
2 Daily Payments: This kind of wage is paid for temporary or seasonal jobs, where the company pays the worker on a day’s work basis.
3 Weekly Payments: In certain industries or for specific job roles, weekly salary payments may be preferred. This option offers employees more immediate access to their earnings and can be beneficial for those with financial commitments requiring regular cash flow.
4 Hourly Payments: An hourly wage is the amount an employee is paid per hour they work. An employer pays an employee based on how many hours they work each pay period, which might be a week, two weeks, half a month or a month.
5 Quarterly Payments: For employees on higher salaries or in specialised roles, quarterly payments may be agreed upon. While less common, this option provides a lump sum every three months and can be advantageous for those with substantial financial responsibilities.
Annual Payments: In rare cases, particularly for senior executives or individuals with unique employment agreements, annual salary payments may be negotiated.
Although less frequent, this option allows for comprehensive financial planning and may include bonuses or other incentives tied to yearly performance.
Regardless of the chosen payment frequency, the UAE employment law mandates that employers adhere to certain guidelines to ensure fair and timely wage disbursement.
These include providing detailed salary statements, adhering to minimum wage requirements, and avoiding any unlawful deductions.
Moreover, employers must offer employees the option to receive their wages through electronic transfer to their bank accounts, promoting efficiency and transparency in salary transactions.
By offering a range of salary payment options, the UAE employment law prioritises flexibility and fairness, ensuring that the rights of both employers and employees are protected.
This commitment to a balanced working relationship fosters trust and stability in the UAE's diverse workforce, contributing to its continued economic growth and prosperity.
If an employee is not paid their salary on time, they have legal remedies available to seek redress and ensure that their rights are upheld. Here are some potential legal remedies that an employee can pursue:
Informal Resolution: Initially, the employee may opt for informal resolution by directly discussing the issue with their employer or the HR department. This approach may lead to a quick resolution without the need for formal legal action.
Formal Complaint with the Ministry of Human Resources and Emiratisation (MoHRE): If informal resolution attempts fail, the employee can file a formal complaint with MoHRE. The ministry has established channels for handling labour disputes, including non-payment of wages. MoHRE may intervene, investigate the matter and facilitate a resolution between the employer and employee.
Employment Tribunal: If the issue remains unresolved, the employee can escalate the matter to the employment tribunal. The employment tribunal specialises in resolving disputes related to employment contracts and labour rights. Employees can file a lawsuit against their employer for non-payment of wages, and the tribunal will adjudicate the case based on UAE employment laws and regulations.
Legal Representation: Employees have the right to seek legal representation to navigate the complexities of labour disputes and tribunal proceedings. A qualified labour lawyer can provide guidance, represent the employee's interests in legal proceedings, and advocate for their rights under UAE employment laws.
Compensation and Remedies
If the employment tribunal rules in favour of the employee, they may be entitled to various remedies, including:
Back Pay: Compensation for the unpaid wages owed to the employee.
Penalties: Employers may be required to pay penalties or fines for violating labour laws, including delayed salary payments.
Termination of Contract: In severe cases, the tribunal may order the termination of the employment contract and award compensation to the employee for any damages incurred.
It's important for employees to document any instances of non-payment or delayed payment of wages, including keeping records of salary statements, communications with the employer and any other relevant evidence.
This documentation can strengthen their case when seeking legal remedies through MoHRE or the employment tribunal.
Overall, UAE employment laws provide robust protections for employees facing issues such as non-payment of wages, ensuring that they have legal avenues to seek redress and uphold their rights in the workplace
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Dubai, with its vibrant economy and entrepreneurial spirit, is an attractive destination for freelancers looking to start their own business.
If you're considering transitioning to freelancing in Dubai, understanding the process of obtaining a freelance license, visa, and navigating the tax obligations is crucial. This article will guide you through the steps to get started and ensure you stay compliant with the UAE's tax laws.
To understand the legal framework, consider the provisions of Article 8 on the Implementing Regulation of Federal Decree-Law No. 33/2021 Regarding the Regulation of Employment Relationships. This law recognises self-employment or freelancing as an independent and flexible work system where a natural person generates direct income by providing services for a specified period or task, without being considered an employee of the individuals or establishments receiving the services.
How to Get a Freelance License and Visa in Dubai Mainland
Before diving into freelancing, you'll need to obtain the necessary licenses and visas to operate legally in Dubai. In accordance with UAE Labour Law, a freelance permit allows individuals to engage in self-employment independently without sponsorship from a specific employer. Here’s a step-by-step guide to help you through the process:
Obtaining a Freelance License
1. Choose Your Activity: Identify the specific activity you wish to freelance in, such as content creation, photography, consultancy, or journalism. This will determine the type of license you need.
2. Submit Your Application: You can apply for a freelance license through the Department of Economic Development (DED) in Dubai. The application process typically involves submitting your passport copy, resume, and recent photograph. Some activities may require proof of work experience or qualifications.
3. Pay the Fees: The cost of a freelance license varies depending on the nature of your activity. The fees for a freelance license in Dubai mainland generally range from AED 7,500 to AED 15,000 annually.
4. Receive Your License: Once your application is approved and the fees are paid, you will receive your freelance license, allowing you to operate legally as a freelancer in Dubai mainland.
Obtaining a Freelance Visa
1. Visa Application: With your freelance license, you can apply for a residency visa through the General Directorate of Residency and Foreigners Affairs (GDRFA). The application process involves submitting your passport, medical fitness test results, Emirates ID application, and passport-sized photos.
2. Medical Fitness Test: Undergo a medical fitness test at an approved center. This includes a blood test and chest X-ray.
3. Emirates ID: Apply for your Emirates ID, which is a mandatory identification card for all residents in the UAE.
4. Visa Stamping: After completing the medical test and Emirates ID application, your visa will be stamped in your passport, granting you legal residency in Dubai.
Transitioning from Employment to Freelancing
If you are currently employed by an existing company in Dubai and wish to pursue freelancing, here are the steps you should follow:
1. Check Employment Contract: Review your current employment contract for any clauses related to freelancing or secondary employment. Some contracts may restrict you from engaging in other work without your employer's consent.
2. Obtain NOC from Employer: If your employment contract allows, request a No Objection Certificate (NOC) from your employer. This document states that your employer has no objections to you starting freelance work.
3. Apply for Freelance License: With the NOC, proceed with the application process for a freelance license as described above. Ensure you meet all requirements and submit the necessary documents.
5. Legal and Tax Compliance: Be mindful of your tax obligations as a freelancer, including corporate tax and VAT compliance. Maintain accurate records of your freelance income and expenses separately from your employment income.
Taxation for Freelancers: Corporate Tax and VAT
Once you're set up with your freelance license and visa, it's essential to understand your tax obligations in the UAE. While the UAE is known for its tax-friendly environment, freelancers must comply with corporate tax and Value-Added Tax (VAT) regulations.
Value-Added Tax (VAT) for Freelancers
VAT is a consumption tax introduced in the UAE on January 1, 2018, and applies to most goods and services.
1. VAT Registration Threshold: Freelancers must register for VAT if their annual income from services exceeds AED 375,000. However, you can voluntarily register for VAT at any point, even if your income is below the specified threshold.
2. VAT Compliance: Registered freelancers must issue VAT-compliant invoices, file periodic VAT returns with the FTA, and maintain accurate records of all VAT transactions. The standard VAT rate is 5%.
3. Zero-Rated and Exempt Services: Certain services are zero-rated or exempt from VAT, including exports of services, international consulting, and specific education and healthcare services. Freelancers providing these services must still register for VAT if their income exceeds the registration threshold but will not charge VAT on these services.
Corporate Tax for Freelancers
As of June 1, 2023, the UAE has introduced a federal corporate tax regime, impacting freelancers who earn taxable profits.
1. Corporate Tax Rate: The standard corporate tax rate is set at 9% for businesses, including freelancers, whose annual taxable profits exceed AED 375,000. However, It is mandatory to register for corporate tax regardless of your income level.
2. Taxable Threshold: If your annual income as a freelancer is below AED 375,000, you are exempt from corporate tax. However, if you exceed this threshold, you must register with the Federal Tax Authority (FTA), file tax returns, and pay the applicable taxes.
3. Tax Compliance: Freelancers must keep accurate records of their income and allowable deductions to ensure proper tax filings.
Navigating Tax Compliance
To ensure you remain compliant with corporate tax and VAT regulations, consider the following steps:
1. Seek Professional Advice: Engage a tax advisor or accountant to help you navigate the complexities of the UAE tax system.
2. Monitor Income: Regularly track your income to determine your corporate tax obligations and plan for timely payments.
3. Maintain Accurate Records: Keep detailed financial records to support your tax filings and facilitate audits if required.
4. Stay Updated: Stay informed about changes in tax laws and regulations to adapt your business practices accordingly.
Conclusion
Starting a freelancing career in Dubai mainland offers numerous opportunities, but it comes with responsibilities, including compliance with corporate tax and VAT regulations. By obtaining the appropriate licenses, understanding your tax obligations, and seeking professional advice, you can successfully navigate the tax landscape and thrive as a freelancer in the UAE's dynamic economy.
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Understanding your rights as an employee in the UAE is crucial, especially regarding public holidays and compensation.
The UAE Employment Law outlines specific entitlements and obligations for both employees and employers. This guide explains your eligibility for public holidays and the compensation you are entitled to if required to work on these days, ensuring you are well-informed about your rights and benefits.
In the UAE, an employee is entitled to public holidays as announced by the relevant local authority or the Ministry of Human Resources and Emiratisation. This is in line with Article 28(1) of the Employment Law, which states: “The employee shall be entitled to official leave with full pay on public holidays determined by decision of the Cabinet.”
However, if an employer requires an employee to work during public holidays, the employee is entitled to compensatory leave for working on a public holiday or a day's salary plus 50 per cent of the basic salary as additional pay.
This is in accordance with Article 28(2) of the Employment Law, which states: "Should the work circumstances require that the employee be employed on holidays, the employee shall be compensated with a substitute rest day for each day worked or be paid his salary for normal working days plus a supplement of at fifty per cent of his basic wage for that day.”
Based on these provisions of the law, if your employer requires you to work during the upcoming Eid Al Adha holidays, you are eligible for additional salary or compensatory leave as specified in Article 28(2) of the Employment Law. Your employer must comply with these obligations and cannot claim any exemptions.
If your employer grants compensatory leave, you may request to combine this with your annual leave. Alternatively, if your firm’s HR policy allows for combining compensatory leave with annual leave, you may take advantage of this option at your convenience.
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UAE residents often wonder: Is gratuity paid even with breaks in service? This article addresses this common concern, explaining how unpaid leaves affect your gratuity and how your tenure is calculated in such situations.
Gratuity: A Right with a Requirement
Under UAE law, most foreign employees in the private sector are entitled to gratuity, also known as severance pay. This is a mandatory benefit, regardless of your profession. However, to qualify, you must complete at least one year of continuous service with your employer.
Calculating Your Gratuity: It's All About Continuous Days
The amount of gratuity you receive is based on your last basic salary, excluding allowances. The calculation considers the total number of days you've worked continuously for the company. Here's the key point: unpaid leave periods don't count towards your continuous service.
So, You've Been on Unpaid Leave: What Now?
Let's say you're about to leave your job after five years, but those years haven't been entirely continuous due to unpaid leaves. You wonder, "how will my gratuity be calculated?"
The law is clear: unpaid leaves generally don't contribute to your continuous service. This means only the days you actively worked will be considered when calculating your gratuity.
Important Exception: Continuous Service During Unpaid Leave
There can be some exceptions. If you've been on your employer's work visa throughout your entire employment period, even with unpaid leaves, it might still be considered continuous service in certain situations. However, to be certain, it's highly recommended to seek confirmation from the UAE Ministry of Labour.
Who Might Miss Out on Gratuity?
There are a few scenarios where employees may not be eligible for gratuity, regardless of continuous service:
Remember:
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The Ministry of Labour (MOL) reported that the Joint Inspection Team successfully apprehended 110 workers in Al Wusta Governorate for labour law violations. Legal actions are currently being pursued against these individuals.
The ministry said: “Ministry of Labour represented by the Office of the Joint Inspection Team at the General Directorate of Labour in the Governorate of Al Dakhiliyah Governorate carried out an inspection campaign on private sector establishments and labour gatherings in the Governorate of Al Wusta, and 110 workers were arrested in violation of the provisions of the Omani Labour Law.”
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Unexpected job loss can be a stressful experience. However, the UAE Labour Law offers provisions to ease the transition and assist you in securing new employment. Let's explore the key benefits available under Federal Decree-Law No. 33 of 2021:
Notice Period or Compensation: Both the employer and employee are obligated to provide written notice (30 to 90 days) before terminating the employment contract (Article 43). If your employment is terminated, you are entitled to receive your full salary during this notice period, unless mutually waived.
Interview Time Off: During your notice period, you are entitled to take one unpaid day off per week to attend job interviews. Simply inform your employer three days in advance (not covered under Article 43).
End-of-Service Dues and Work Permit:Your employer cannot cancel your work permit until you receive all your outstanding dues (salary, gratuity, etc.) within 14 days of termination. You have the right to file a labour complaint if your gratuity payment is delayed.
Involuntary Loss of Employment (ILOE) Support: If you have been subscribed to the ILOE scheme for a minimum of twelve consecutive months, you are eligible to receive 60 per cent of your basic salary for three months after job loss. Ensure you file your claim within one month of termination.
Experience Certificate: You are legally entitled to an experience certificate from your previous employer. This stamped document issued by the Ministry of Human Resources and Emiratisation (MoHRE) details your job title, salary, and years of service. You can obtain it instantly through the MoHRE app if not provided by your employer.
Obtaining Your Experience Certificate Through the MOHRE App
Download and Installation: The MoHRE app is available for free download on the Apple App Store and Google Play Store. Install the application on your smartphone.
Account Creation: Launch the MoHRE app and select "Sign Up." Choose the "Employee" option and register using your Emirates ID number, passport number, or labour card number.
Service Location: Once logged in, navigate to the services section. This may be labelled "Show All" or a similar option. Locate and select "Employment History Certificate" from the list of services.
Request and Download: Follow the on-screen instructions after selecting "Employment History Certificate." Your official and stamped experience certificate will be generated immediately. You can then choose to save it to your phone or send it directly to someone's email address.
Visa Grace Period: Following work permit cancellation, you are granted a grace period (approximately one month) to regularise your immigration status. This allows you the opportunity to apply for a new visa if you intend to remain in the UAE (e.g., through a new employer).
Repatriation Ticket: If you are departing the UAE, your employer is responsible for covering the cost of your repatriation ticket back to your point of hire or a mutually agreed-upon location. This excludes situations where you find a new job in the UAE or were terminated for misconduct (Article 13(12)).
The UAE law offers significant protections for employees, covering various essential aspects. If you want to explore more about these protections, you can check out this link.
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For expatriates leaving the United Arab Emirates, understanding how to collect end-of-service benefits is crucial. These benefits, a mandatory part of employment contracts, are designed to provide financial security to employees after their tenure in the country. Here’s a comprehensive guide on how to navigate the process effectively.
Understanding End-of-Service Benefits
End-of-service benefits, commonly known as gratuity, are stipulated by the UAE Labour Law. The amount an employee receives depends on their length of service and the nature of their termination. Typically, an employee who has completed at least one year of continuous service is eligible for these benefits.
Steps to Collect End-of-Service Benefits
Resignation or Termination: The process begins with either resignation or termination. Employees should provide proper notice as stipulated in their contract to avoid any legal complications.
Final Settlement: Upon resignation or termination, the employer is required to prepare a final settlement which includes the end-of-service benefits. This settlement should be provided within 14 days of the employee’s last working day.
Calculating Gratuity: The gratuity is calculated based on the employee's last drawn basic salary, excluding allowances and bonuses. The formula typically used is:
Documentation: Employees must ensure all documentation is in order. This includes a copy of the labour contract, proof of salary and records of service duration. It is advisable to keep copies of resignation letters or termination notices.
Clearing Dues: Before leaving the UAE, employees should ensure all financial dues are cleared, including any outstanding loans or credit card bills. Employers might withhold the end-of-service benefits if there are any unresolved dues.
Exit Formalities: Completing exit formalities is crucial. This includes cancelling the work visa, returning company property, and obtaining a clearance certificate from the employer.
Legal Recourse: If there is a dispute over the end-of-service benefits, employees can approach the Ministry of Human Resources and Emiratisation (MoHRE) for resolution. The MoHRE provides mediation services and can facilitate legal action if necessary.
Key Considerations
Partial Benefits: Employees who resign before completing five years of service might receive partial benefits, calculated on a pro-rata basis.
Unlimited vs. Limited Contracts: The type of employment contract affects gratuity calculation. Limited contracts usually provide better terms if terminated before completion.
Gratuity Caps: The gratuity amount is capped at two years’ worth of salary, regardless of the length of service.
Expert Advice
Legal experts advise expatriates to familiarise themselves with the UAE Labour Law and consult with legal professionals if needed. “Understanding your rights and the legal framework can help ensure a smooth transition,” says Mary Rintu Raju NYK Law Firm, a legal consultant based in Dubai.
Conclusion
Collecting end-of-service benefits requires careful planning and adherence to legal procedures. By following the outlined steps and seeking appropriate advice, expatriates can secure their rightful dues and make a smooth transition as they leave the Emirates.
For more detailed information, expatriates are encouraged to visit the MoHRE website or consult with legal professionals specialising in UAE labour law.
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It’s important for employees to know their rights regarding notice periods, termination, and the new working week. All legally employed individuals in the UAE have the right to raise their cases with the Ministry of Human Resources and Emiratisation (MoHRE) if their employer violates labour laws. This article outlines employees’ legal liabilities and obligations.
UAE's attractive paychecks are a primary reason for the large expatriate population. Thousands of people come to the UAE every year hoping to advance their careers. Following recent cases of employee rights violations, the UAE government has amended labour laws, effective from February 2, 2022.
Notice Period under Article 43 of the Employment Law
The notice period should not be less than 30 days and not more than 90 days. This means that even if the employment contract does not specify a notice period, the law obligates employers to provide employees a minimum of 30 days' notice.
If mentioned in the contract, the maximum duration of the notice period is 90 days. If the company does not wish for the employee to serve the 30-day notice, it must compensate the employee for the value of that notice period.
When Can Employment Contracts Be Terminated
According to Article 42 of the Federal Decree Law, the employment contract can be terminated in any of the following cases:
When Can the Worker Be Dismissed Without Notice
According to Article 44 of the Federal Decree Law, the employer may dismiss the worker without notice after conducting a written investigation, provided the dismissal decision is in writing, justified, and handed to the worker in any of the following cases:
When Can the Worker Quit Work Without Notice
According to Article 45 of the Federal Decree Law, the worker can quit work without notice, while retaining his rights upon end of service in any of the following cases:
Public Holidays and Worker’s Work During Holidays
New Working Week
The UAE federal government has adopted a four and a half-day working week. Hence, employees work eight hours from 7:30 am to 3:30 pm from Monday to Thursday, and from 7:30 am to 12:00 pm on Fridays.
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If you have been working in a private company for years and have not received your agreed-upon commissions and annual leave allowance for half the time, you might wonder what your rights are.
According to your employer, you may not have the legal right to claim these after two years. Additionally, if you file a labour complaint, your employer might dismiss you from your job.In such a scenario, here are the rights you should claim according to labour law:
Annual Leave Allowance
Article 29 of Labour Law No. 33 of 2021: You are entitled to payment for any accrued leave days if you quit your job before using them, regardless of the leave duration. This includes leave wages for parts of the year proportionate to the period you spent working, calculated based on your basic wage.
Unpaid Salaries and Commissions
Article 54/9 of the Federal Decree Law No. (20) of 2023 Amending Certain Provisions of Federal Decree Law No. (33) of 2021: You can claim any unpaid salaries, commissions, bonuses, etc., for the last year of your service. Lawsuits regarding these rights cannot be heard after one year from the maturity date of the right subject to the lawsuit.
End-of-Service Gratuity
Article 51 of the Law: You are entitled to an end-of-service gratuity upon completing one or more years of continuous service, calculated according to your basic wage. This includes:
* The wage of twenty-one (21) days for each year of the first five years of service.
* The wage of thirty (30) days for each year thereafter.
Compensation for Arbitrary Dismissal
Article 47 of the Law: If you were dismissed because you filed a serious complaint to the Ministry or a case against the employer that was proven to be true, the termination is considered unlawful. The employer is required to pay you fair compensation, which must not exceed the wage for a period of three (3) months, calculated according to your last received wage.
Warning Period Compensation
Article 43 of the Law: If your employer did not abide by the agreed-upon warning period, they must pay you compensation called a warning allowance. This compensation is equal to your wage for the entire warning period or the remaining part of it, even if the failure to warn did not result in harm.
By understanding these rights, you can ensure that you are fairly compensated for your work and any unjust treatment you may have faced.
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The UAE's labour market, known for its dynamic and diverse workforce, is governed by a set of regulations designed to balance the interests of both employers and employees.
Among the most debated topics are non-compete clauses and the conditions under which an employer can influence an employee’s ability to join rival firms or compel them to leave the country. This article delves into these issues within the framework of UAE law.
Legality of Non-Compete Clauses
Non-compete clauses are contractual agreements that restrict employees from joining competing firms or engaging in similar business activities for a specified period and within a certain geographical area after leaving an employer.
These clauses are included in employment contracts to protect the employer’s business interests, particularly their trade secrets, proprietary information and client relationships.
The UAE's Federal Decree-Law No. 33 of 2021, also known as the UAE Labour Law, addresses non-compete clauses.
According to Article 10 of the Labour Law:
For a non-compete clause to be enforceable, it must meet the following criteria:
Legitimate Business Interest: The clause should protect legitimate business interests, such as confidential information or unique business methods.
Reasonableness: The duration, geographical scope and type of restricted activity must be reasonable and not excessively broad. Typically, a duration of six months to one year and a specific geographical area are considered reasonable.
Written Agreement: The non-compete clause must be explicitly stated in writing within the employment contract and agreed upon by both parties.
In case of a dispute over a non-compete clause, the UAE courts evaluate the reasonableness and necessity of the restriction. The courts may strike down or modify overly restrictive clauses that unfairly limit an employee's ability to find new employment.
Forcing Employees to Leave the Country
In the UAE, employment visas are linked to specific employers. When an employee resigns or is terminated, their employment visa is typically cancelled. This does not inherently mean that the employee must leave the country immediately, as they may have a grace period to find a new job or switch to a different visa type.
Employers cannot force an employee to leave the country against their will. However, once an employment visa is cancelled, the individual must comply with immigration laws, which may require them to either secure a new visa or exit the country.
Under the UAE Labour Law, employees are protected from unjust treatment and have the right to seek new employment.
Employees should be aware of the following:
Notice Period: Employees are generally required to serve a notice period as stipulated in their employment contract, which cannot exceed three months.
End-of-Service Benefits: Employees are entitled to receive their end-of-service benefits, including gratuity, upon termination or resignation, provided they meet the eligibility criteria.
Labour Disputes: Employees can file a complaint with the Ministry of Human Resources and Emiratisation (MoHRE) if they believe their employer is acting unlawfully or unethically.
Practical Considerations
Employees should carefully review and negotiate non-compete clauses before signing employment contracts. Seeking legal advice to understand the implications and ensure the terms are fair and reasonable is advisable.
Employees planning to leave their current job should:
Understand their contractual obligations, including notice periods and non-compete clauses.
The UAE's labour laws provide a framework that seeks to balance the interests of employers in protecting their business and the rights of employees to seek new employment opportunities.
Non-compete clauses are permissible but must be reasonable and justifiable. Employers cannot force employees to leave the country, though visa regulations must be respected.
By understanding their rights and obligations, employees can manage their job transitions more effectively and ensure they are treated fairly within the bounds of the law. For employers, adhering to legal standards in drafting and enforcing employment contracts is crucial to maintaining a fair and lawful workplace.
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Travel agencies in the UAE are grappling with significant fines and operational hurdles due to visitors who overstay their visit visas or abscond. Travel executives have highlighted that many visitors are unaware that the 10-day grace period for overstaying has been removed, leading to unintentional violations.
Stricter Entry Regulations
In response to a surge in overstaying and absconding visitors, authorities at Dubai Airports have implemented stricter entry regulations. When visitors overstay or abscond, travel agencies incur financial penalties and face operational difficulties.
Misunderstanding the Grace Period
A primary reason for visitors overstaying is the misconception about the grace period. Many visitors believe they have a 10-day grace period beyond their visa's expiry date. However, this grace period was removed last year, yet many remain in denial.
Financial Complications
Unforeseen financial difficulties can also lead to visitors overstaying. Some face unexpected financial challenges during their stay, making it difficult for them to return home on time. Additionally, Dubai’s attractions entice visitors to extend their stay without considering the legal repercussions.
Job Hunting
Job hunting is another common reason for overstaying. Visitors captivated by Dubai’s opportunities often apply for jobs and await interview calls, neglecting their visa status. They overstay hoping for employment, which places them in a legal quandary.
Penalties for Travel Agents
Travel agents face severe consequences when visitors overstay or abscond. When a visitor doesn’t report to the travel agent after visa expiry, the travel agency faces substantial fines and penalties.
Travel agencies must pay a fine of Dh2,500 to authorities for each absconding case. Additionally, the agency’s visa quota is reduced, affecting its ability to operate efficiently.
Absconding Fines
Visitors who overstay illegally face hefty fines. To withdraw an absconding case, a series of processes must be followed. Absconding visitors can get the status removed by paying a minimum Dh2,000 fine, along with penalties for the overstay and additional administration and exit fees.
These expenses can become overwhelming for both visitors and travel agencies. The minimum fine of Dh2,000 can increase to Dh5,000 when additional fees are included.
Travel Agents’ Appeal
Travel agents are urging visitors to be aware of the legal implications of overstaying their visas. While Dubai remains an attractive destination, travelers must respect visa regulations and avoid overstaying.
Proper planning and adherence to visa regulations are essential to avoid legal complications and financial penalties.
As per the latest news, visit visa holders are urged to carry Dh3,000 in cash or credit, return tickets and proof of stay, as failure to meet these requirements has resulted in passengers being barred from boarding flights or stranded at airports.
As highlighted in the previous article, these issues, along with overstaying and absconding, create significant fines and operational challenges for travel agencies.
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The Public Authority for Manpower in Kuwait has announced updates to its automated system, implementing new regulations concerning work permits and transfers starting early June.
These updates entail the introduction of an additional fee of 150 dinars for issuing a work permit for the first time. Furthermore, there is a new transfer fee of 300 dinars for transferring a worker to a different company if the worker has been in the country for less than three years, provided the employer gives their approval.
Tourists, travellers and tourism businesses stand to benefit from these changes in several ways. Firstly, the updated regulations can streamline and clarify the process of obtaining work permits, making it more straightforward for businesses to bring in necessary talent from abroad.
This could enhance operational efficiency for tourism businesses that rely on international expertise.
The imposition of a transfer fee aims to reduce employee turnover, potentially leading to a more stable workforce within the tourism sector. For businesses, this means less time and resources spent on recruiting and training new staff. In turn, tourists can expect more consistent and reliable service, as experienced employees are more likely to stay with their employers longer.
The enforcement of these new fees and regulations by the Public Authority for Manpower reflects Kuwait’s commitment to maintaining a structured and regulated workforce.
This can lead to improved working conditions and better management of foreign labour, which is particularly beneficial for tourism businesses that depend on a mix of local and international staff.
Additionally, the readiness of inspection teams across all governorates to begin their activities in open areas from June 1 demonstrates the government’s proactive approach to ensuring compliance with the new regulations.
For tourists, this means a more organised and secure environment, as businesses adhering to regulations are likely to operate more transparently and effectively.
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A symposium organised by the Ministry of Labour (MoL) brought together stakeholders from different sectors in Oman to discuss effective approaches for resolving labour disputes.
Titled 'Mechanisms for Settlement of Labour Disputes – Reality and Aspirations', the symposium commenced under the patronage of His Excellency Sheikh Nasr bin Amer al Hosani, Undersecretary for Labour at MoL.
His Excellency Hosani emphasised the significance of the symposium in facilitating constructive interaction among diverse perspectives and formulating recommendations beneficial to all parties involved. He underscored that stability in the labour market is pivotal for the nation’s economic growth.
“The primary aim of the symposium is to address and enhance methods for resolving labour disputes in Oman by convening a diverse group of stakeholders. It also seeks to generate actionable recommendations to improve labour dispute resolution mechanisms, thereby fostering overall stability and productivity in the labour market,” he said.
Hussein bin Ali al Lawati, Director General of Labour Welfare, pointed out that “workers’ claims regarding vacations and working hours are the most prominent disputes”, as he underscored the challenges encountered by the ministry in achieving effective dispute settlements.
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The UAE has issued new visiting visa guidelines that require passengers to carry certain documents and funds to ensure a smooth entry process.
Travellers on visit visas must carry Dh3,000 in cash or credit, a valid return ticket, and proof of accommodation. These measures are being enforced to prevent overstaying and ensure visitors have the necessary resources.
Strict checks are being conducted at airports, and passengers who do not meet these requirements have reported being detained or stranded. Some passengers who failed to meet the requirements said they were barred from boarding their flights, while others reported being stranded at airports.
Travelers on Dubai visit visas are urged to carry Dh3,000 in cash, a valid return ticket, and proof of accommodation before going on a flight to the emirate, tourism agencies say.
Authorities are ensuring strict entry guidelines are followed. Some passengers who failed to meet the requirements said they were stopped at Indian airports and barred from boarding their flights.
Others reported being stranded at airports in Dubai. People traveling to Dubai must have a valid visa with a passport having a validity of at least six months. Additionally, they must carry a confirmed return ticket.
“Authorities are conducting these checks to ensure that individuals have the proper requisites for their stay in the country. As the number of overstaying cases increases, authorities are ensuring that anyone traveling to the country has the required funds in hand for their stay, proof of accommodation and a return ticket,” says Sam Sunny, who works as a public relations officer in Dubai.
These checks were already in place, but now, checks are being done to ensure that travellers are carrying enough money as proof of funds to sustain their stay in Dubai.
The required amount is any currency equivalent to Dh3,000 in cash or credit card. One must also provide a valid proof of accommodation in the UAE; this can be either a relative's or friend’s home or a hotel booking.
Travel agents noted that this rule has been in place for a long time, but authorities have tightened monitoring for the benefit of travelers.
According to the General Directorate of Residency and Foreigners Affairs, individuals entering the UAE on a visit visa must have either a travel ticket for onward travel or a return ticket to leave the UAE.
Airport checks are being conducted to safeguard travellers arriving in Dubai. There have been many cases of overstaying. This step by the authorities will positively impact the tourism sector of the emirate.
“While travelling from Kochi to Dubai, Spice Jet staff were inquiring whether passengers held visit visas or employment visas. They also ensured that those with visit visas had an adequate amount in their account to show the immigration authorities,” said Shreya, who travelled from Kochi on May 19.
Further, many passengers on visit visas were asked to show proof of accommodation along with Dh3,500, she added.
“The airport staff mentioned that the UAE will not allow anyone to enter the country without showing a valid hotel stay for the duration of their visit visa or carrying Dh5,000 in cash as dirhams,” Shreya added.
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Indians with an ordinary passport who also possess a US green card or a residence visa from the UK or European Union must apply online to obtain a pre-approved visa-on-arrival. This allows entry into the UAE as a visitor for 14 days.
The General Directorate of Residency and Foreigners Affairs (GDRFA) in Dubai stated that this short-term visa can be extended once for an additional 14 days.
Previously, eligible Indian travellers could receive a visa-on-arrival at UAE airports, stamped at the immigration counter upon arrival. Now, they must apply online beforehand.
Requirements Outlined by GDRFA
Online Application Process
Eligible Indian tourists must first visit the GDRFA website to register, fill in the required information, and pay a fee of Dh253. Once approved, the visa will be emailed to the applicant. The process is typically completed within 48 hours.
Terms and Conditions
GDRFA also specified the following terms and conditions for the short-term visit visa:
Emirates’ Pre-Approved Visa-on-Arrival Facility
In February, Emirates introduced a pre-approved visa-on-arrival service for certain Indian passport holders booking travel with the airline. This 14-day single-entry visa allows Emirates customers to bypass queues upon arrival in Dubai.
The Dubai Visa Processing Centre (DVPC) - VFS Global’s facility designated by Emirates Airline to process UAE visas - handles the application.
Emirates noted that the issuance of visas remains at the discretion of the GDRFA.
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Kuwait’s Ministry of Interior has announced that it will not allow those who violated the Residency Law to leave the country or legalise their status after June 17 — the humanitarian deadline it set for violators to leave or amend their status without paying fines.
Security sources confirmed that the ministry will intensify its campaign against the Residency Law violators once the deadline ends, indicating it will pursue those who violated the law and then deport them.
Sources pointed out that violators can amend their status through legal frameworks within the above-mentioned deadline in order to avoid being pursued by security personnel.
Sources also warned that those who will be deported during the intensified inspection campaign can no longer return to the country.
Last year, the ministry arrested and deported about 40,000 Residency Law violators; and the number of violators before the amnesty was estimated at about 120,000, sources added.
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The Ministry of Human Resources and Emiratisation (MoHRE) has urged private sector companies employing 50 or more workers to meet their half-yearly Emiratisation targets for 2024.
These targets call for a one per cent growth in the number of Emiratis working in skilled jobs in these companies, in line with the relevant Cabinet Resolution.
The ministry has set June 30 as the deadline for achieving Emiratisation targets for the first half of 2024 (H1 2024), noting that starting from July 1, it will monitor companies’ compliance.
The MoHRE commended companies that have already achieved the required targets, stressing the importance of registering UAE citizens in one of the authorised pension funds and in the Wage Protection System (WPS). It called on companies to maintain the growth they achieved in Emiratisation targets until June 30.
The ministry has also called on companies falling short of their Emiratisation targets to benefit from the “Nafis” platform, which houses data about qualified Emirati nationals seeking employment across various specialisations and who possess the required competencies.
“We urge companies to adhere to Emiratisation targets, which are a top priority for the UAE Government, given the role they play in achieving economic growth objectives and the nation’s ambitions for the upcoming period, where the primary focus will be on empowering national human capital,” MoHRE said in a statement.
The ministry’s digital and field supervision system identified 1,379 companies attempting to circumvent Emiratisation targets, unlawfully hiring 2,170 UAE citizens from mid-2022 until May 16, 2024.
The violating companies were fined, their ratings were downgraded and some of their files were referred to the Public Prosecution. Financial contributions were also imposed on the violators starting from the date the violation began, and the companies were required to take corrective measures.
The ministry called for reporting any violations to its call centre at 600590000 or via its smart application, saying that “Emiratisation targets were set to enhance Emirati citizens’ participation in the job market and their contribution to the country’s economic development, which makes it an important national goal.”
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More than 1,300 companies in the UAE have faced fines ranging from Dh20,000 to Dh100,000 for breaching Emiratisation regulations, the Ministry of Human Resources and Emiratisation (MoHRE) revealed on Friday.
Between mid-2022 and May 16, 2024, these penalties were imposed on 1,379 firms found to have unlawfully employed 2,170 UAE nationals.
Private enterprises in the nation are mandated to progressively boost their Emirati workforce by two per cent annually, aiming to achieve a minimum of 10 per cent by 2026.
According to the ministry, the current count stands at over 97,000 Emiratis employed across approximately 20,000 private companies, based on data collected during the aforementioned period.
Regular inspections are conducted to ensure adherence to these regulations. Since the enforcement of these rules, hundreds of companies have been identified for non-compliance, resorting to illicit hiring practices to evade targets.
Emiratisation is deemed deceptive when it is confirmed that a UAE national occupies a nominal position devoid of substantive responsibilities solely to meet Emiratisation quotas. Some entities engage in 'rehiring' Emiratis to manipulate data.
In addition to substantial fines of up to Dh100,000, offenders are referred to the Public Prosecution. Certain entities face downgrading to the lowest rating within the MoHRE system, while others are obligated to make financial contributions towards Emiratisation initiatives.
"The ministry is committed to addressing any detrimental practices aimed at subverting Emiratisation obligations, employing robust measures in accordance with the law," stated the ministry.
Residents are encouraged to report any violations of labour regulations by contacting 600590000, or utilising the MoHRE app or website.
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The UAE has introduced a new initiative aimed at granting long-term residency to advocates for environmental causes, dubbed the 'Blue Residency.'
This special 10-year visa is designated for individuals who have demonstrated remarkable dedication and contributions toward environmental protection, encompassing sustainability endeavors both within and beyond the UAE.
The Blue Residency will be bestowed upon champions of environmental activism, including members of international corporations, associations, and non-governmental organisations, as well as recipients of global accolades and esteemed activists and researchers in the field of environmental conservation.
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Eligible candidates are encouraged to submit their applications through the Federal Authority for Identity, Citizenship, Customs, and Port Security, while competent authorities also have the option to nominate candidates for this extended residency program.
Highlighting the intertwining of economic and environmental sustainability, Sheikh Mohammed bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai, emphasised during a recent Cabinet meeting the significance of this initiative in fostering sustainable practices.
The initiative is part of a broader set of actions launched to commemorate 2024 as the year of sustainability, following the momentum generated by last year's focus on green themes, which rallied residents to embrace sustainable lifestyles.
Traditionally, the UAE issues residency visas with a two-year validity period. In 2019, the country introduced the Golden Visa programme, offering 10-year residencies to investors, entrepreneurs, scientists, outstanding students and humanitarian leaders.
Building on this, the UAE subsequently unveiled the Green Visa programme in 2022, providing five-year residencies to skilled professionals, freelancers, investors, and entrepreneurs, further enriching its visa offerings.
In the UAE, individuals holding a golden residency visa are authorised to participate in employment activities, as per Article 7 of the Employment Law and Article 6(1)(j) of Cabinet Resolution No. 1 of 2022.
The resolution specifies that the work permit issued to golden visa holders is exclusively for individuals employed by establishments registered with the ministry seeking to hire employees with golden residency visas.
Prior to obtaining a golden residency visa, employees are required to inform their employer of the change in their UAE residency status. Subsequently, the employer must proceed to cancel the existing work permit and UAE residency visa of the employee.
Article 7(3) of Cabinet Resolution No. 1 of 2022 outlines the procedures for canceling work permits, including:
*Submission of an application for cancelling the work permit through the specified channels by the Ministry.
*Completion of the required data and attachment of documents.
*Settlement of any fines for delays in issuing the work permit or for failure to renew it, if applicable.
*Confirmation by the establishment that the worker has received all entitled benefits.
*Adherence to any additional conditions determined by resolution of the Minister or their delegate.
Once the work permit of a prospective UAE golden residency visa holder employee is cancelled, they are eligible to sign a new employment contract with either their existing employer or a prospective one, under Administrative Resolution No. 38 of 2022.
The requirements for obtaining a work permit through the Ministry of Human Resources and Emiratisation
(MoHRE) for a UAE golden residency visa holder, as per Administrative Resolution No. 38 of 2022, include:
*Clear-coloured photo with a white background.
*Copy of a valid passport, with a minimum validity of six months, along with a copy of a valid residency (golden) visa.
*Approved employment contract issued by the ministry, signed by both the employer and the employee.
Academic Certificates
*For Skill levels (1 & 2): Bachelor's Degree or higher, attested by competent authorities.
*For Skill levels (3 & 4): Diploma graduate or higher, attested by competent authorities.
*For Skill level (5): High school certificate, attested by competent authorities. State-issued certificates are excluded.
*A professional license issued by the competent authority, for example, doctor, nurse, etc.
Upon acquiring a golden visa residency, individuals have the option to request their employer to initiate the process for a new work permit.
Transitioning to a golden visa in Dubai enables individuals to engage in employment activities, supported by UAE regulations. For additional assistance, you can contact the MoHRE.
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Federal Decree-Law No. 33 of 2021 concerning the Regulation of Employment Relations, Cabinet Resolution No. 1 of 2022 implementing Federal Decree-Law No. 33 of 2021 on Employment Relations Regulation, and Federal Decree-Law No. 29 of 2021 concerning Entry and Residence of Aliens come into play when employees plan to resign in the UAE.
According to Article 53 of the Employment Law, employers must settle all financial obligations owed to employees within 14 days from the contract's expiration, including salaries and other compensations as per the contract terms or relevant resolutions.
Article 7 of Cabinet Resolution No. 1 of 2022 outlines procedures for issuing, renewing and cancelling work permits. Employers must initiate the cancellation process of an employee's work permit with the Ministry of Human Resources & Emiratisation (MoHRE) as per Article 7(3).
Cancellation procedures include submitting an application through specified channels, providing necessary data and documents, paying fines for delays, acknowledging worker entitlements and adhering to additional conditions per resolution.
Additionally, Article 19 of Federal Law No. 6 of 1973 states that individuals must leave the country upon residency revocation.
Article 11 of Federal Decree-Law No. 29 of 2021 outlines fines for individuals residing unlawfully after visa or residence permit cancellation or expiration. Despite visa cancellation, individuals can stay in the UAE until the specified period mentioned in their visa cancellation document issued by relevant authorities.
Resigning employees are entitled to receive salary and end-of-service benefits within 14 days from the date of work permit cancellation, as mandated by law.
Failure of the employer to fulfill financial obligations allows the employee to file a complaint with the Ministry of Human Resources & Emiratisation (MoHRE).
Compliance with UAE employment laws is essential during the resignation process, so it becomes important to understand obligations and timelines to ensure a smooth transition for both employers and employees.
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The UAE has taken significant steps to ensure fair treatment for domestic workers by enacting Federal Decree-Law No. 9/2022 Concerning Domestic Workers and Cabinet Resolution No. 106 of 2022.
The law, effective from December 5, 2022, outlines employer duties such as providing suitable housing and covering medical expenses.
For instance, if sponsors are hiring domestic workers from India then the sponsors must register with the Government of India's E-Migrant Web Portal and visit IVS Global Services for document attestation.
They must also submit various documents, including passports, Emirates IDs, and marriage certificates. After obtaining entry permits, sponsors must sign employment contracts with the Ministry of Human Resources and Emiratization (MOHRE) and ensure medical fitness and insurance for workers.
If sponsors are hiring domestic workers from other countries, they must follow similar procedures. This could involve registering with the respective government's migrant portal and visiting authorized services for document authentication, as exemplified by the above process in India.
Federal Decree-Law No. 9/2022 Concerning Domestic Workers and Cabinet Resolution No. 106 of 2022 aim to regulate employment relationships and establish a structured framework governing the recruitment and employment of domestic workers in the UAE.
What is the Law for Domestic Workers in the UAE?
The UAE Domestic Labour Law, as outlined by the Official Portal of the UAE Government, emphasises the principle of informed consent. This ensures that workers are fully aware of the terms of their contract, nature of work, workplace conditions, remuneration, and daily and weekly rest periods, as set out by executive regulations.
Who Can Sponsor Domestic Workers in the UAE?
To sponsor a maid visa in Dubai, the sponsoring individual must have a minimum earning of Dh6000 or Dh5000 with accommodation benefits. Additionally, the applicant must possess a UAE residency visa to sponsor a housemaid in Dubai.
Licensing Requirements and Obligations
Article 4 outlines licensing requirements for Domestic Workers Recruitment Offices, stressing the need for approval from the Ministry of Human Resources and Emiratisation (MoHRE). Recruitment of workers under 18 is prohibited, and specific acts during recruitment are forbidden.
Articles 6 and 7 mandate a formal contract approved by MoHRE, covering worker requirements, rights, financial obligations and recruitment process details.
Recruitment offices must inform workers about job specifics, refrain from charging commissions, conduct pre-employment medical exams and provide suitable accommodation.
Employment Conditions, Leaves and Remuneration
Federal Decree-Law No. 9 of 2022 and Cabinet Resolution 106 of 2022 ensure domestic workers receive a paid day off each week and a minimum daily rest period of 12 hours, including 8 hours of continuous sleep.
Article 10 entitles domestic workers to at least 30 days of annual leave, with public holidays included. Employers must cover round-trip airfare if a worker spends annual leave in their home country.
Sick leave provisions include a maximum of 30 days per year, with the first 15 days fully paid.
Sick Leave and Other Obligations
Domestic workers may take up to 30 days of sick leave per year, with the first 15 days fully paid. Remuneration is not payable for illnesses resulting from misconduct.
Article 17 addresses remuneration suspension during preventive detention, and both employers and workers have obligations to notify the Ministry regarding absences and departures.
Obligations of Employer and Domestic Worker
Employers must pay agreed remuneration, cover medical treatment or health insurance and provide necessary accommodations, meals and clothing. Domestic workers must perform tasks diligently, follow instructions and respect societal customs.
Contract termination can occur due to various reasons, with employers obligated to settle financial entitlements within 10 days of contract expiration.
Rescission of Contract
Either party may rescind the employment contract for specified breaches. Employers terminating contracts without reasons must provide a return ticket and settle outstanding entitlements.
Domestic workers ending contracts post-probation incur obligations based on recruitment method.
End-of-Service Gratuity and Dispute Resolution
Article 22 allows the Council of Ministers to approve end-of-service gratuity systems and Article 23 outlines dispute resolution mechanisms, emphasising amicable settlements through the Ministry or court referral.
Inspection and Penalties
Ministry employees monitor and inspect various aspects related to domestic workers, with administrative penalties for violations outlined.
UAE courts have jurisdiction over disputes, with penalties ranging from fines to imprisonment for violations.
The Domestic Workers Law in the UAE establishes a comprehensive framework to protect the rights and responsibilities of employers and domestic workers. Understanding this law is crucial for all parties involved in domestic employment relationships in the UAE.
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In the UAE, providing employee loans can pose legal challenges for employers. The legal framework governing employment relationships and financial transactions in the UAE is highly specific, with regulations that govern such interactions.
One primary concern is compliance with labour laws and financial regulations. Article 458 of Federal Law Decree No. (31) of 2021 stipulates that dealing in usury interest between natural persons is a criminal offense.
This law imposes penalties, including imprisonment for a minimum of one year and a fine not less than Dh50,000, on individuals engaged in usurious transactions, whether explicit or implicit. The law defines latent interest to encompass any commission or benefit stipulated by a creditor without corresponding legal justification or service. Utilising a debtor's vulnerability or necessity is considered an aggravating circumstance under this provision.
However, transactions between companies and natural persons fall outside the scope of this law. If a company extends a loan to an employee, it can pursue repayment with interest and seek legal recourse if necessary. Conversely, if an individual (such as an employer) personally provides the loan, claiming the original amount without interest may be more advisable. Employers can use various means to substantiate the loan, including bank transfers, in the absence of a formal loan agreement.
Additionally, under Article 43 of the labour law, employers are entitled to claim compensation for a three-month notice period if an employee fails to adhere to it. This provision mandates payment of a notice period allowance, equivalent to the worker's wage for the full notice period or its remaining duration, regardless of whether the absence of notification results in damages.
Another primary concern for employers in the UAE when considering loaning money to employees is ensuring compliance with labour laws and financial regulations. Here are some key points to consider:
Labour Law Compliance: Transactions must adhere to UAE labour laws, which dictate the terms of employment contracts, including financial arrangements.
Interest-Free Loans: Loans should typically be interest-free in line with Islamic principles.
Clear Terms and Documentation:Establishing clear terms and documenting loan agreements is crucial to prevent disputes.
Non-Discrimination: Loans must be offered on a non-discriminatory basis, avoiding favoritism.
Conflicts of Interest: Employers should avoid conflicts of interest, especially if the employee holds a position of authority.
Legal Advice: Seeking legal counsel helps ensure compliance with laws and regulations, navigating complexities effectively.
If an employer faces a legal dilemma related to a loan provided to an employee in the UAE, it's important to address the issue promptly and transparently. Depending on the nature of the dilemma, seeking guidance from legal experts or authorities may be necessary to resolve the situation effectively and minimise potential legal risks.
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As we mark Labour Day worldwide, it's crucial to ponder the rights and safeguards extended to workers, especially within the ever-evolving legal landscape of the United Arab Emirates (UAE). This article delves into the legal ramifications for employees in the UAE, drawing insights from the UAE Labour Law and spotlighting 10 essential facts that every worker should be aware of.
Employment Contracts
Under the UAE Labour Law, every employment relationship must be documented with a written contract outlining terms and conditions, including salary, working hours and job responsibilities. This contract serves as a crucial legal safeguard for both employers and employees.
Working Hours
The standard working week in the UAE is capped at 48 hours, with a maximum of eight hours per day. However, certain industries may have different working hour regulations, so it's vital for employees to be aware of their specific sectoral requirements.
Overtime Pay
Employees who work beyond regular hours are entitled to overtime pay, which is calculated based on the regular hourly wage plus a premium. The UAE Labour Law specifies the rates for overtime work, ensuring fair compensation for employees' additional efforts.
Annual Leave
Workers in the UAE are entitled to annual leave, with the duration varying depending on the length of service. Employees with less than one year of service are entitled to two days of leave per month worked, while those with more than one year of service are entitled to 30 days of leave per year.
Public Holidays
The UAE observes several public holidays throughout the year, during which most businesses and government offices are closed. Employees are entitled to full pay on public holidays, with certain exceptions depending on the nature of the work.
End of Service Gratuity
Upon completion of service, employees are entitled to end-of-service gratuity, also known as severance pay. The amount is calculated based on the employee's length of service and last drawn salary, providing financial security upon termination of employment.
Termination of Employment
The UAE Labour Law outlines specific procedures and conditions for the termination of employment contracts, protecting the rights of both employers and employees. It's crucial for workers to understand their rights in case of termination and seek legal advice if needed.
Health and Safety
Employers in the UAE are required to provide a safe working environment for their employees, adhering to health and safety regulations outlined in the UAE Labour Law. Employees have the right to refuse work that poses a risk to their health or safety.
Discrimination and Harassment
The UAE Labour Law prohibits discrimination and harassment in the workplace based on factors such as gender, nationality, religion, or disability. Employers are obligated to foster a respectful and inclusive work environment, free from discrimination and harassment.
Legal Remedies
In the event of disputes or violations of their rights, employees in the UAE have access to legal remedies through the Ministry of Human Resources and Emiratisation (MoHRE) or the Labour Court. Seeking legal assistance can help employees navigate complex employment issues and uphold their rights under the law.
As we celebrate Labour Day, let us recognise the contributions of workers in the UAE and reaffirm our commitment to upholding their rights and protections under the law. By fostering a fair and equitable work environment, we can ensure the well-being and prosperity of all workers in the UAE.
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Should you find yourself unable to depart the UAE before your visa expires – be it a visit, tourist, or residence visa – it's crucial to familiarise yourself with the overstay fines you'll be required to settle. While the fines are set at Dh50 per day as a standard, there are supplementary fees that merit attention.
Here’s the breakdown of the standard charges you should consider:
However, if your file includes other infractions, such as an absconding case, you'll also need to settle the costs associated with rectifying those violations. The expenses could escalate significantly if, for instance, you've engaged a travel agent for visa processing and subsequently overstayed.
This would result in an absconding case being lodged. Initially, you'd need to clear the fee linked to the absconding case before your file can be resolved within the system.
Fees Settlement
Individuals departing the country can remit the fines through various channels:
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Saudi Attorney General and Chairman of the Council of Public Prosecutions, Sheikh Saud Al-Muajab, has authorised the establishment of the Centre for the Protection of Whistleblowers, Witnesses, Experts and Victims.
This is in accordance with Article Four of the Law for the Protection of Whistleblowers, Witnesses, Experts, and Victims. This law, which was approved by the Council of Ministers on February 13, aims to ensure the safety of individuals who may face threats for providing evidence in legal proceedings.
The centre's primary objective is to offer legal protection to individuals at risk of reprisals for disclosing information related to criminal activities. The law guarantees protection from threats, dangers, or harm.
According to Article 14 of the law, individuals are entitled to various forms of protection, including security measures, confidentiality of personal information to shield their identity, temporary or permanent relocation from their workplace, assistance in finding alternative employment and access to legal, psychological and social support.
They are also provided with means to report imminent dangers, change their contact information and residence, receive security escorts or accommodations and receive financial assistance.
The centre will take necessary measures to protect entitled individuals from physical harm and ensure their health, safety and social integration throughout the protection period, respecting their rights and freedoms while imposing only necessary restrictions as per legal provisions.
Protected individuals can request protection following specific procedures and terms outlined in the law. Protection can also be granted without consent if potential imminent danger is identified.
The law establishes criminal penalties, including up to three years' imprisonment and fines up to SR5 million, for offenses against protected individuals.
Judicial authorities are empowered by the law to provide necessary protection to witnesses, victims, whistleblowers, experts, and their families against threats such as assault, retaliation, intimidation, and others.
The law encourages and facilitates information sharing to combat crime while safeguarding informants, witnesses, experts, and victims from attacks, threats, or any actions that may impede the delivery of such information. The law will become effective 120 days after its publication in the Official Umm Al-Qura Gazette on Shaban 20, corresponding to March 1, 2024.
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The European Union has introduced five-year Schengen visas for citizens of Saudi Arabia, Oman and Bahrain, allowing them multiple visits to the bloc during this period.
EU foreign policy chief Josep Borrell announced this during the inaugural session of the first high-level Forum on Regional Security and Cooperation between the EU and the GCC in Luxembourg.
"I am pleased to announce a decision by the European Commission this morning to standardise rules for issuing multiple-entry visas to citizens of GCC countries," Borrell stated.
These visa regulations apply uniformly to all GCC countries whose citizens require permits to enter the Schengen Area, marking a significant stride in EU-Gulf relations.
UAE citizens enjoy visa-free travel to the Schengen Area for stays of up to three months, whereas Qataris must apply for visas.
In 2022, the EU unveiled plans for visa-free travel for Kuwaitis and Qataris.
Subsequently, a new visa regime was introduced last September specifically for Kuwaitis, featuring a "cascade" system enabling eligible applicants, including first-time travelers, to secure five-year permits.
The Schengen Area, encompassing 29 European countries, expanded in February to include Bulgaria and Romania, effectively abolishing air and maritime border controls.
Additionally, citizens from the UAE, Qatar, Bahrain, Jordan, Kuwait, Oman and Saudi Arabia are exempt from pre-entry visa requirements for the UK.
In November, Gulf countries revealed intentions to implement a unified tourist visa akin to the Schengen permit, aimed at streamlining travel for residents and tourists.
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Is it possible for employees to start their own business while still being employed?
Yes, you can start a business in the UAE while working full-time; however, it's important to ensure that your business activities do not conflict with your employer's.
Obtaining a No Objection Certificate (NOC) from your employer might be necessary, but the decision to grant it rests with your employer.
Whether you need an NOC depends on the licensing agency and its specific requirements. If your business activities overlap with those of your employer, they may include a non-compete clause in your employment contract, prohibiting you from starting a similar business without their permission.
There are various factors to consider regarding whether your employer can prevent you from starting a business. If you choose to establish your venture in certain free zones where an NOC is not required, you won't need your employer's permission.
However, they may decline your request due to concerns about competition, protecting trade secrets, or compliance with regulations.
Thanks to changes in UAE law, many free zones no longer require employed individuals to obtain permission from their current employer. When you approach a free zone to obtain a licence, they will inform you whether you need an NOC from your current employer.
The regulations outlined in Federal Decree-Law No. 33 of 2021 on the Regulation of Employment Relations, along with those in Cabinet Resolution No. 1 of 2022 concerning the Executive Regulations of Federal Decree-Law No. 33 of 2021, apply in this context.
If an employee wishes to establish or join an entity in the UAE, whether as a partner or shareholder, they must obtain an NOC from their employer.
This requirement ensures compliance with employment regulations and should be fulfilled before commencing any business activities.
Furthermore, if the employee's proposed business activities overlap with their current role, their employer may perceive it as competition.
In such cases, the employment contract may include a non-competition clause, as stipulated in Article 10(1) of the Employment Law.
This clause outlines restrictions on the employee's ability to engage in similar business activities after their employment contract expires, typically for a period of up to two years.
However, the applicability of the non-competition clause can be waived if both parties agree in writing or under specific circumstances outlined in Article 12(4) of Cabinet Resolution No. 1 of 2022.
Moreover, Article 12(5) of the same resolution provides exemptions from the non-compete clause under certain conditions.
These include scenarios where compensation is provided to the former employer, termination occurs during the probationary period, or specific professional categories are determined by the ministry to be exempt from such restrictions.
Under Article 10 of the new UAE Labour Law, if your job gives you access to your employer's clients or trade secrets, they can include a non-compete clause in your contract.
This clause specifies the duration, location, and type of work you're restricted from engaging in after your contract ends, typically for up to two years.
The UAE has enacted new legislation concerning part-time and flexible work arrangements. Part-time employees now have explicit rights, including pro-rated vacation leave.
The legislation also recognises the possibility of remote work or starting a business with the employer's approval.
Additionally, under the new laws, resigning employees are entitled to a full end-of-service gratuity after completing at least one year of service.
Previously, this benefit was only available after five years of service. When you leave your job, your previous employer cannot prevent you from pursuing your business interests.
However, it's crucial to consider the potential impact on your current visa status before taking any action.
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Labour disputes that cannot be settled amicably within 21 working days will be referred to court, according to the Ministry of Human Resources and Social Development (MHRSD).
The ministry highlighted its electronic 'Friendly Settlement' service for resolving labour disputes between workers and employers. In the initial phase of processing electronically filed labour dispute petitions, this service aims to facilitate a resolution. If no settlement is reached within 21 days of the first session, labour offices will electronically transfer the case to labour courts.
Under this system, efforts are made to reconcile differing viewpoints through mediation, seeking an amicable solution that satisfies both parties whenever possible. If no resolution is achieved within 21 working days from the first session, the case will be automatically referred to the labour court.
The ministry has streamlined its friendly settlement services on its official website, allowing for electronic case submission and formalisation. The system also enables plaintiffs and defendants to access case details before the hearing session.
Additionally, remote reconciliation sessions can be conducted, ensuring high governance standards and eliminating human interference in scheduling appointments.
The ministry's Friendly Settlement unit specialises in handling labour disputes related to employment contracts, wages, rights, work injuries, compensation, terminations and disciplinary actions against workers.
Lawsuits for friendly settlement can be initiated through the ministry's unified application or website, requiring proof of identity, nationality, residency, or passport, along with evidence of the contractual relationship from the plaintiff (worker/employer).
This service is available at the labour office within the jurisdiction of the workplace and the relevant settlement office. Lawsuits must be acknowledged and verified for non-malicious intent.
Notifications via text messages and emails are sent to all involved parties upon acceptance of the lawsuit. Details regarding the hearing date are also communicated through these channels.
If the plaintiff fails to attend, the case will be set aside with the option to reopen it within 21 working days. If the defendant misses the initial session, their ministry services will be suspended, and a new session will be scheduled.
Repeated absences by the defendant allow the worker to change employers without the current employer's consent, and the case will proceed to the labour courts.
In cases where a settlement is reached, a settlement agreement will be drafted and made available for printing through the claims service. If no agreement is reached after the second session, the lawsuit is transferred to the labour courts, with session dates determined later by the Ministry of Justice.
The lawsuit is considered closed within the friendly settlement unit, and clients can print and submit reports through the Najiz system at the Ministry of Justice.
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New rules governing labour accommodations are set to be introduced, according to Bahrain’s Labour Minister Jameel Humaidan. A newly-proposed article will be added to the 2012 Private Sector Employment Law, obliging employers who provide staff accommodation to declare their whereabouts and allow inspections to ensure standards are met.
These amendments, currently under review by the Ministerial Committee for Legal Affairs, will establish accommodation standards in coordination with the Bahrain Chamber and trade unions.
Minister Humaidan also mentioned that specific locations for labour camps outside urban areas will soon be determined through a ministerial decision, in collaboration with other relevant authorities. Each worker should have a minimum of four square metres of space within one room, ensuring proper ventilation, lighting, storage and essential facilities such as fire equipment, first-aid kits and acceptable sanitary amenities.
In response to concerns raised by Parliament’s Foreign Affairs, Defence and National Security Committee vice-chairwoman Dr Mariam Al Dhaen regarding residential saturation in areas like Isa Town due to a large expatriate labour force, Minister Humaidan emphasised the need for urgent measures to address community issues caused by irresponsible labour practices.
Regarding runaway expat workers, Minister Humaidan reported that out of 562,593 work permits issued from December 2022 to February 2024, 1,337 individuals violated their employment terms.
In other news, after a decade of delays, tenders will finally be issued for the redevelopment of Jidhafs Central Market. The project will include urban enhancements, direct outlets and designated sections for fish, meat, poultry, fruits, vegetables and local products, along with essential services like a traditional coffee shop, security offices and management facilities.
This initiative follows extensive coordination among authorities, aiming to address community concerns about illegal trading, traffic congestion and related issues in the market area.
Lastly, during a parliamentary session, MPs unanimously approved an urgent proposal to establish car parks for Radhi Haddad Mosque in Janabiya, demonstrating their commitment to addressing community needs and concerns.
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In the UAE, where economic activity thrives, labour-related disputes can sometimes arise. However, navigating these disputes and seeking justice is facilitated by a well-defined process overseen by competent authorities.
Understanding the procedures and provisions in labour cases is crucial for anyone seeking to file a labour complaint in the UAE.
Rights Upheld by UAE Laws
In accordance with government authorities, the laws of the UAE uphold the rights of both employers and employees, particularly in cases of labour disputes between the two parties.
Both employers and employees are entitled to file a complaint with the Ministry of Human Resources and Emiratisation (MoHRE) should a dispute arise. Upon filing a complaint, it undergoes examination and aims to be resolved amicably.
However, if a resolution cannot be reached through amicable means, the matter is then referred to the judiciary.
Competent Authorities
Ministry of Human Resources and Emiratisation (MoHRE): The primary authority responsible for overseeing labour affairs in the UAE. It offers mediation and conciliation services to resolve disputes amicably.
Labour Courts: Provide a judicial forum for adjudicating disputes when mediation efforts fail. They ensure that labour laws are upheld and justice is served.
Procedures for Filing a Labour Case
Grievance Procedure: Attempt to resolve the dispute informally with the employer before initiating legal action.
Lodging a Complaint: File a formal complaint with MoHRE, detailing the nature of the dispute, relevant evidence, and desired outcome.
Mediation and Conciliation: MoHRE facilitates sessions to reach a mutually acceptable resolution.
Referral to Labour Courts: If mediation fails, the case may be referred to labor courts for adjudication. Parties may engage legal representation and present their case before a judge.
Understanding the Time Limit
According to the UAE Labour Law – Federal Decree Law No. 33 of 2021, claims for any rights due will not be heard after one year from the date of violation. Hence, it is essential to file complaints as early as possible.
Work Permits and Employment during Legal Proceedings
Article 17 (4) of Cabinet Resolution No. 1 of 2022 authorizes the Ministry of Human Resources and Emiratisation (MoHRE) to revoke an employee's work permit, enabling them to seek employment in another company.
Additionally, under Article 4 and 5 of Ministerial Resolution No. 47 of 2022, MoHRE has the discretion to cancel an employee's work permit or visa based on specific conditions.
Following such cancellations, the employee must reapply for a visa and permit to ensure compliance with UAE regulations, avoiding potential fines and ensuring legal residency in the UAE.
Fees and Complaint Types
Article 55 of the UAE Labour Law exempts workers or their heirs from paying judicial fees for claims less than Dh100,000.
Different types of salary complaints include delayed salaries, non-receipt of overtime compensation, and illegal salary deductions.
How to File a Labour Complaint in the UAE
Through the MoHRE Call Centre: Contact MoHRE's call centre on 04 665 9999 and provide details of the complaint to a representative.
Through the MoHRE WhatsApp Service: Utilise MOHRE's verified WhatsApp account by saving the number 600590000 on your phone and initiating a chat with a ministry representative.
Through the MoHRE App: Follow these steps to file a labour complaint through the MoHRE app:
Additional Provisions and Requirements
Ministerial Resolution No. 47 of 2022 outlines specific requirements for workers whose labour complaints are referred to the Labour Court.
Workers must register their labour complaint with the competent court within a maximum period of 14 days from the date of approval for referral to the judiciary.
Employees must refrain from seeking employment with another employer without obtaining a temporary work permit from the ministry.
Upon issuance of the final judgment in the labour lawsuit, in the event of termination of the work relationship between the two parties, employees must submit a request to cancel the original work permit within 14 days from the date of issuance.
Employees must apply for a temporary work permit with a new employer during the labour case process, except when reported absent by their employer.
In cases where a labour complaint results in the cessation of work for the worker, their work permit will be cancelled six months from the date of referral of the complaint to the labour court.
Conclusion
Thorough understanding of the competent authorities, procedures, and provisions governing labour disputes in the UAE empowers individuals to navigate the process of filing labour cases with confidence.
By arming themselves with knowledge, they can effectively assert their rights, seek resolution for grievances, and ensure that justice prevails in the dynamic landscape of the UAE's labour market.
This comprehensive approach not only safeguards the interests of both employers and employees but also contributes to fostering a fair and equitable working environment for all stakeholders involved.
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As the Holy Month of Ramadan commenced on March 11, 2024, the United Arab Emirates (UAE) has issued directives to reduce working hours for both public and private sector employees to honor this sacred period.
These changes are mandated by regulatory authorities such as the Federal Authority for Government Human Resources (FAHR) and the Ministry of Human Resources & Emiratisation (MoHRE), and governed by relevant legislation. They aim to accommodate the religious practices of fasting Muslims.
Public Sector
In accordance with directives issued by the FAHR, ministries and federal entities have implemented revised working hours during Ramadan.
Official working hours are set from 9:00 am to 2:30 pm from Monday through Thursday. On Fridays, traditionally a day of communal worship, working hours are further adjusted to 9:00 am to 12:00 pm, with exceptions made for roles requiring extended coverage.
These adjustments enable ministries and federal entities to adopt flexible working arrangements, ensuring compliance with daily working hour requirements while accommodating individual needs.
Private Sector
Private sector employers are required to reduce regular working hours by two hours throughout Ramadan, as prescribed by Cabinet Resolution No. (1) of 2022 and Federal Decree-Law No. (33) of 2021.
This legal framework ensures that employees have sufficient time for rest and sustenance during the fasting period. Additionally, employees who exceed stipulated working hours during Ramadan are entitled to overtime compensation in accordance with UAE Labour Law provisions.
Exemptions
While the overarching principle mandates reduced working hours, exemptions exist for workplaces operating fewer than six hours regularly during the non-Ramadan period.
Similarly, entities with established policies prescribing shorter hours on Fridays may maintain their customary schedules, provided they comply with regulatory standards and uphold employees' rights.
Such flexibility underscores the UAE's commitment to accommodating diverse workplace practices while upholding legal standards and respecting religious observances.
Navigating the intricacies of adjusted working hours during Ramadan requires both public and private sector entities to adhere to regulatory guidelines and protect employees' rights.
By fostering an environment of compliance and understanding, organisations can meet their legal obligations while demonstrating respect for the cultural and religious diversity inherent in the UAE's workforce.
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Dubai has introduced the ‘Work Bundle’ platform, significantly reducing the processing time for acquiring work permits and residency visas, from 30 days to just five days.
This integrated system streamlines procedures across various government entities, including the Ministry of Human Resources and Emiratisation (MoHRE), Federal Authority for Identity, Citizenship, Customs and Ports Security (ICP), Dubai Health Authority (DHA), Department of Economy and Tourism and the General Directorate of Residency and Foreigners Affairs (GDRFA).
His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai, noted that the Work Bundle platform aims to simplify and expedite residency and work permit procedures, ultimately reclaiming 62 million working days previously spent on renewal processes.
What Services are Included?
The platform facilitates employment services, including tasks such as renewal, cancellation, medical examination, and fingerprinting.
Initially, this platform is accessible through the 'Invest in Dubai' website and mobile app during its first phase. Subsequently, it will be progressively integrated into various other government digital platforms and the 'Work in UAE' website.
The platform, currently launched in Dubai, will be expanded across other emirates shortly. This initiative aligns with the UAE's broader digital transformation goals, aiming to enhance business efficiency and streamline procedures for both public and private sectors.
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The Indian Consulate has introduced a life insurance package tailored for expatriate workers in the UAE.
Approximately 3.5 million Indian nationals live in the UAE, of whom around 65 per cent are blue-collar workers. The new scheme ensuring that the employees’ families will get compensation of up to Dh75,000 in case of their death, be it due to accidents or natural causes.
Announced by the Consulate in Dubai, the Life Protection Plan (LPP) became effective on March 1.
The initiative was specifically designed to cater to the needs of the 2.27 million blue-collar workers employed in the UAE, aiming to fill the void in employment benefits, the consulate highlighted.
Despite the prevalent provision of health insurance and compensation for work-related incidents, there exists a notable absence of mandatory coverage for natural deaths among employees. Consequently, the families of many workers could find themselves without adequate funds for repatriation expenses in the unfortunate event of the breadwinner's demise.
In response to this pressing concern, the Indian Consulate facilitated a meeting between prominent UAE-based companies that recruit blue-collar workers and two insurance service providers, striving to tackle this gap in coverage.
What are the Benefits?
The insurance scheme presents annual premiums varying between Dh37 and Dh72, applicable to individuals aged 18 to 70 years.
In the event of a worker's death due to either an accident or natural causes, beneficiaries are eligible for compensation ranging from Dh35,000 to Dh75,000, contingent upon the chosen premium.
Additionally, the plan offers coverage up to Dh12,000 for the repatriation of the insured employee's remains.
Two insurance firms collaborated on tailoring a package tailored specifically for blue-collar workers, followed by negotiations on the terms and conditions with recruitment companies.
The Policy and Compensation
Community Welfare
In 2022, the Indian Consulate registered 1,750 deaths in Dubai, with 1,100 of them being workers. A comparable pattern was observed in 2023, where 1,000 worker fatalities were recorded out of a total of 1,513 deaths. Over 90 per cent of these fatalities were due to natural causes.
“The welfare of the Indian community remains our utmost priority," said Consul-General Satish Sivan.
"Keeping in view a large number of natural death cases of workers in a year and in order to provide some financial benefits to the family of the deceased, the Consulate-General of India, Dubai, encourages all companies to consider a subscription to the LPP," he added.
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Securing a multiple entry visa for the UAE opens doors to seamless travel for various groups, from business executives networking at conferences to families enjoying leisurely reunions. This visa option has become a game-changer, offering significant time and cost savings for frequent visitors.
By providing a long-term solution, this visa eliminates the hassle of repetitive application processes, empowering travellers to plan their trips with ease.
Understanding the application process and the required documents is essential to ensure a smooth and hassle-free experience. Let's delve into the details.
Where to Apply for Multiple Entry Visas
UAE Embassy or Consulate: Applicants can submit their visa applications directly to the nearest UAE embassy or consulate in their home country.
Authorised Visa Agents: Many countries have authorised visa agents or service providers who assist with visa applications on behalf of travellers. These agents can streamline the process and provide guidance on documentation.
Online Visa Services: Some individuals may be eligible to apply for UAE visas through online platforms provided by authorised agencies or government portals.
Documents Required for Multiple Entry Visas
Passport:A valid passport with a minimum validity of six months from the date of entry into the UAE.
Visa Application Form: Completed visa application form, usually downloadable from the official website of the UAE embassy or consulate.
Passport-size Photographs: Recent passport-size photographs with a white background, adhering to specified dimensions.
Proof of Travel: Itinerary or proof of travel arrangements, including confirmed flight tickets and hotel reservations for the duration of the stay in the UAE.
Proof of Accommodation: Details of accommodation during the visit, such as hotel bookings or a letter of invitation from a host residing in the UAE.
Financial Documents: Bank statements or proof of sufficient funds to cover expenses during the stay in the UAE.
Visa Fee:Payment of the visa fee as per prevailing rates, which may vary depending on the applicant's nationality and the type of visa applied for.
Additional Documents: Depending on the purpose of the visit, additional documents such as invitation letters, business contacts, or family relations may be required.
Tips for a Successful Application
Verify Requirements: Before applying for a multiple entry visa, carefully review the specific requirements outlined by the UAE embassy or consulate in your jurisdiction.
Complete Application Form Accurately: Ensure all fields in the visa application form are filled out accurately and legibly to avoid delays or rejection.
Submit Required Documents: Compile all necessary documents as per the checklist provided by the visa authorities and submit them along with the visa application.
Follow Guidelines: Adhere to guidelines regarding photograph specifications, visa fee payment methods, and processing timelines specified by the UAE visa authorities.
Seek Assistance if Needed: If you encounter any difficulties or have questions about the application process, don't hesitate to seek assistance from authorised visa agents or embassy/consulate officials.
Securing a multiple entry visa for the UAE is a straightforward process when applicants understand the application requirements and submit the necessary documents accurately and on time. By following the guidelines provided by the UAE visa authorities and seeking assistance if needed, travellers can obtain their visas efficiently and embark on their journeys to the UAE with confidence.
(The writer is a legal associate at Dubai-based NYK Law Firm)
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Have you or anyone you know signed a form declaring all dues paid by the company but still haven't received end-of-service benefits? You can still claim your dues with the assistance of the Ministry of Human Resources and Emiratisation (MoHRE).
"If an employee signs a document stating 'all dues paid' and does not receive their end-of-service gratuity, overtime, or benefits, they can approach the ministry and file a case," says Mary Rintu Raju, Legal Associate at Dubai-based NYK Law Firm.
"In such a scenario, the courts will demand documentary evidence from the company to prove that the entitlements were paid. If the company fails to produce such evidence, it is presumed that the employee's signature was obtained for work permit cancellation, while entitlement transfer remains pending," she added.
What are the Employee's Rights in UAE?
Employees have the right to file a case against the company to claim their rightful amount. The ministry will initiate an investigation in such instances.
When asked about the legal procedure an employee should follow, she said: “The employee should ensure that the correct calculation is given to the court when registering a case, along with the circumstances under which the signature and cancellation were processed. If the company states that the settlement was already paid, the employee should request the court to demand proof from the company. Such cases are very common before the Labour Court.”
The ministry will examine evidence to determine whether the company has indeed disbursed the stipulated amount to the employee, reviewing bank statements and other necessary documentation. If the company fails to fulfill the employee's entitlements, the ministry will make a verdict accordingly, unaffected by the employee's signature on the document.
In accordance with recent amendments to a federal law governing employment relations, MoHRE now has the authority to issue a final verdict on disputes valued at less than Dh50,000, provided both parties have not reached a mutual agreement.
Any conflicts between a domestic worker and their employer must be directed to MoHRE for resolution. The ministry is obliged to take all necessary measures to facilitate an amicable settlement. If no resolution is reached within two weeks of filing a complaint, the matter must then be referred to a competent court.
Employees have one year from the last communication with the employer regarding the dispute to file a case. MoHRE may order the employer to provide the worker's wages for up to two months if wages are withheld due to the dispute.
What are the Procedures to File a Complaint with MoHRE?
1. Employees can file the complaint in person, online, or via the call centre at 60056566.
2 .Upon receiving the complaint, MoHRE reviews the case and seeks an amicable solution. If no solution is reached:
3. MoHRE's judgment is final, but execution may be suspended if an appeal is filed.
4. Unsatisfied parties may file a lawsuit before the Court of Appeals within 15 days to appeal the judgment.
5. The Court of Appeals schedules a hearing within three working days and issues a final verdict within 15 working days.
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Amazon, the e-commerce behemoth, has disbursed $1.9 million to more than 700 employees in Saudi Arabia, compensating them for illicit recruitment fees and other transgressions.
The disbursement follows investigations revealing irregularities in the hiring practices of workers engaged by third-party vendors supporting Amazon's operations in the kingdom, according to a company statement.
In October of the previous year, Amnesty International shed light on the predicament of warehouse employees in Saudi Arabia associated with Amazon. The report outlined how these workers were misled by recruitment agents, deprived of rightful earnings, subjected to abysmal living conditions, and impeded from seeking alternative employment or leaving the country.
"Many of them were highly likely victims of human trafficking," the group asserted.
Responding to these allegations, Amazon enlisted the services of Verité, an independent labor rights expert, to conduct a targeted assessment of migrant worker issues and probe into recruitment practices at two Saudi facilities.
The investigation encompassed interviews with workers contracted through a licensed temporary labour agency, Abdullah Fahad Al-Mutairi Co (AFMCO).
"Verité's findings uncovered breaches of our Supply Chain Standards, including workers bearing recruitment costs to secure employment with AFMCO, inadequate living conditions, discrepancies in contracts and wages, and delays in resolving worker grievances," Amazon stated.
Amazon acknowledged that the labour agency has already taken steps to rectify the most pressing concerns, notably enhancing worker accommodations to meet company standards. Upgrades to living quarters, provision of lockers for personal belongings, and limitations on room occupancy were among the improvements cited.
Subsequent investigations by Amazon scrutinised the practices of all other third-party vendors across Saudi Arabia.
"We identified instances where contracted workers were compelled to cover expenses, including recruitment fees and other costs, to obtain employment—contravening our supply chain standards," the company disclosed.
In response to these findings, Amazon collaborated with human rights specialist Impactt Ltd to calculate reimbursement amounts for affected workers. The assessment factored in reported payments by workers, historical exchange rate fluctuations, compounded inflation, and interest.
"As a result of this collaborative effort, Amazon disbursed $1.9 million in reimbursements to over 700 contracted workers," the company confirmed.
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Are you feeling overwhelmed with the never-ending household chores piling up? Do you daydream about having an extra pair of hands to help out? Well, you're not alone! Many have been there, and hiring a maid or domestic worker can be a game-changer. But before you jump into the deep end, let's navigate through the process together, especially considering the legal ins and outs in the UAE.
In light of recent regulatory actions and compliance with UAE laws, it is imperative to adhere to the legal requirements when employing domestic workers or maids. The UAE has stringent regulations aimed at safeguarding the rights of both employers and employees, ensuring a fair and transparent employment process.
Recent reports highlight that 50 companies and five social media accounts have faced penalties for engaging in illegal recruitment and mediation activities without the necessary permits from the Ministry of Human Resources and Emiratisation in 2023. These penalties include fines, restrictions in the ministry's records, and referral to the Public Prosecution, demonstrating the seriousness with which the authorities address such violations.
According to UAE law, it is illegal to recruit or temporarily employ domestic workers without obtaining a permit from the ministry. Violators of these regulations may face severe consequences, including imprisonment for no less than a year and fines ranging from Dh200,000 to Dh1 million. Additionally, social media accounts involved in illegal recruitment activities have been blocked as part of the enforcement measures.
Employers must ensure compliance with these regulations to avoid legal repercussions and uphold the rights of domestic workers. By understanding and adhering to the legal requirements, employers can create a safe and fair working environment while contributing to overall compliance with UAE labour laws.
Let's start by shedding some light on the legal side of things. The UAE has a set of regulations governing the employment of domestic workers, aiming to protect their rights and ensure a fair and transparent hiring process. These laws are in place to safeguard both you as the employer and your future employee, outlining rights, responsibilities, and procedures to follow throughout the employment journey.
So, let's break down the steps you need to take to hire a maid or domestic worker in the UAE:
Understand the Legal Requirements: Before you start the hiring process, familiarize yourself with the current laws and regulations for employing domestic workers in the UAE. This includes understanding the visa requirements, employment contract guidelines, and any other relevant regulations set forth by the government.
Choose a Reputable Agency: While hiring a maid or domestic worker independently is possible, many employers opt to work with licensed recruitment agencies. These agencies help streamline the hiring process, ensure compliance with regulations, and provide support throughout the employment period.
Draft an Employment Contract: Once you've selected a candidate, it's essential to draft a detailed employment contract outlining the terms and conditions of employment. This contract should include key details such as job responsibilities, working hours, compensation, vacation days, and termination clauses. Review the contract with the employee to ensure mutual understanding and agreement.
Process the Visa and Work Permit: As an employer, you are responsible for arranging the necessary visa and work permit for your domestic worker. This involves submitting the required documents to the relevant government authorities and obtaining the necessary approvals. Working with a reputable agency can simplify this process and ensure compliance with visa regulations.
Provide Adequate Accommodation and Benefits: As per UAE law, employers are required to provide suitable accommodation for their domestic workers, along with other benefits such as food, healthcare, and transportation. It's important to ensure that your employee's living conditions meet the necessary standards and that they have access to essential amenities.
Respect Your Employee's Rights: It's crucial to treat your domestic worker with respect and dignity, ensuring fair treatment, timely payment of wages, and adherence to the terms of the employment contract. Be mindful of their working hours and provide them with adequate rest and time off as per the law.
Stay Informed and Compliant: The legal landscape surrounding the employment of domestic workers in the UAE may evolve, so it's essential to stay informed about any changes or updates to the regulations. This includes attending relevant workshops or training sessions and seeking guidance from legal experts if needed.
In conclusion, hiring a maid or domestic worker in the UAE can be straightforward when approached with care and attention to detail. By understanding the legal requirements, working with reputable agencies, and respecting your employee's rights, you can create a positive and mutually beneficial working relationship while staying compliant with the law. So go ahead, make life a little easier, and welcome some extra help into your home!
(The writer is a legal associate at Dubai-based NYK Law Firm)
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The United Arab Emirates, once a desert nation yearning for progress, has solidified its position as a global magnet for expatriates, travellers, and investors.
This news compilation reveals several recent developments, showcasing the UAE's continuous efforts to attract and retain talent, facilitate seamless travel, and provide diverse opportunities for individuals from all walks of life.
The UAE has become a home for many who initially arrived in search of jobs and are now settled with their families. The country has emerged as the top destination for international talent seeking employment visas, surpassing over 150 countries in the Deel Global Hiring Report, which analyses insights from 300,000 contracts worldwide.
What is the one thing that attracts millions of expats from around the world? It's not just the investors; people from all backgrounds are drawn to this country, whether it's the job market, the relaxed visa regulations, or simply the sense of belonging.
The UAE has implemented various schemes to enhance the experience for citizens and expats visiting or relocating to the country.
No Minimum Down Payment Requirement for Property Owners Seeking Golden Visa
Property buyers in Dubai no longer need to fulfill a minimum down payment of Dh1 million to qualify for the Golden Visa, as the government has relaxed criteria for real estate investors. For properties exceeding Dh2 million in value, owners opting for a payment plan or mortgage are now eligible to apply for the long-term visa. The 10-year residency can be sought by the owner, regardless of the upfront payment amount.
Emirates Introduces Pre-Approved Visa-On-Arrival for Select Indian Travellers
Emirates Airlines has introduced a pre-approved visa-on-arrival service for select Indian passport holders. This option is accessible to qualifying individuals who have made travel arrangements with the airline.
Issued as a 14-day single-entry visa, this initiative allows Emirates customers to expedite their entry process upon arrival in Dubai.
The Dubai Visa Processing Centre (DVPC), designated by Emirates Airlines for UAE visa processing, handles the application process. The visa can be extended for an additional 14 days by paying Dh250.
For eligibility, Indian nationals with a regular passport valid for a minimum of six months can avail of the visa-on-arrival service in the UAE. Additionally, these Indian passport holders are required to possess a valid US visa or green card, or EU or UK residency with a minimum validity of six months.
Three-month Permit for Visiting Medics
The Dubai Health Authority (DHA) has introduced a three-month 'permit to practice' for visiting medical professionals, as revealed during the Arab Health Congress 2024. This initiative is designed to proactively enhance the local healthcare sector's capability in managing emergencies, disasters, and crises.
The temporary permit aims to create a flexible working environment for medical professionals visiting Dubai, addressing the demand for healthcare professionals in the emirate.
Enjoy the Perfect Vacation
Are you planning affordable yet international trips? Consider visiting these seven visa-free countries from the UAE. These destinations are perfect for your next trip with family and friends.
Georgia, Azerbaijan, Uzbekistan, Maldives, Kenya, Seychelles and Nepal offer visa on arrival for UAE residents.
Citizens Travelling to the UK Do Not Require a Pre-Entry Visa
Starting on February 1, UAE citizens intending to visit the UK will no longer be required to obtain a pre-entry visa. The UAE Embassy in London announced that they can now avail themselves of the 'Electronic Travel Authorisation' (ETA) scheme.
Emiratis wishing to travel to the UK can submit their applications through the 'UK ETA' app or on the official GOV.UK website starting February 1. This entry permit, priced at £10, grants unlimited two-year travel.
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UAE residents who enrolled in the mandatory job loss insurance scheme introduced in January 2023 are now entitled to three months of cash benefits if they lose their jobs.
"These employees must promptly renew their policy to ensure continued financial protection in the event of job loss, a media report said, quoting Dana Kansou, the manager of Strategic Partnerships at Dubai Insurance, overseeing the Involuntary Loss of Employment (ILOE) insurance pool."
These employees must promptly renew their policy to ensure continued financial protection in the event of job loss, a media report said, quoting Dana Kansou, manager of Strategic Partnerships at Dubai Insurance which oversees the Involuntary Loss of Employment (ILOE) insurance pool.
Renewal of the policy is mandatory to avoid cancellation of the insurance certificate, she added.
Failure to renew the policy may result in a Dh400 fine.
To be eligible for compensation under the ILOE scheme, claimants must have subscribed to the scheme for at least 12 months, making those who joined in January 2023 eligible for compensation.
To initiate a claim, claimants need to log in to the ILOE website, submit the necessary details and follow the outlined steps.
Eligibility criteria for compensation include proving that the claimant did not resign or face termination due to disciplinary reasons. Claims must be submitted within 30 days of the termination of the employment relationship.
Notably, individuals leaving the country or securing a new job during this period are not eligible for compensation.
Monetary benefits are calculated at 60 per cent of the average basic salary over the six months preceding unemployment. The maximum benefit per claim is three months with the compensatory amount transferred to the insured's account within two weeks of filing the claim.
Once the three-month claim limit is reached, the insurance certificate is considered cancelled. To make a new claim, individuals must subscribe for another 12 consecutive months.
Eligible employees are receiving reminders to renew their policies and renewal can be done through various channels, including the ILOE website, exchange and business centres, telecom partners, kiosks, and banks and ATMs.
The ILOE scheme, mandatory for Emiratis and expatriates in federal and private sectors, has two categories based on salary levels, each with corresponding insurance premiums and compensation limits.
The scheme does not apply to certain exempted categories, such as investors, domestic helpers, temporary contract workers, juveniles, and retirees entitled to a pension.
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Demographic diversity in UAE has been the talk of the town since last week as some companies in the UAE faced difficulties while obtaining work visas for employees from South Asian countries.
As Indians and Pakistanis constitute almost half of the expat community in the UAE, people are anxious whether they will find a new job. The half-baked truth has caused a ruckus on social media as people started posting their queries.
The Law Reporters contacted Mary Rintu Raju, Employment and Immigration Lawyer at NYK Law Firm, to have a better overview about the issue.
“In 2022, the the Ministry of Human Resources and Emiratisation (MoHRE) had announced a three-tier classification system. Achieving diversity while hiring was one of the criteria for companies to get a higher classification which offers them discounts on work permits and transfer fees,” she said when asked about MoHRE’s Workplace Planning Policy.
When companies with a predominant workforce from a particular nationality attempt to secure new visas for individuals from the same background, they reportedly receive a message urging them to "achieve demographic diversity while hiring." Despite reports, visa experts and agents have unequivocally rejected the notion that the UAE has halted visa issuances for specific nationalities.
MoHRE states that the first 20 per cent of available quotas in the establishments should be allocated to different nationalities, emphasising the broader goal of enhancing demographic diversity.
An employee working in an MNC in Dubai says that she wants to change her job but she is doubtful now. As most of the companies she has applied to have increased number of Indian employees.
“If companies utilise 20 per cent of the new quota for non-Indians, remaining 80 per cent can be used for Indian visas and companies can use the 4:1 policy to achieve the diversity,” Mary Rintu added.
Companies receiving messages to achieve diversity are advised to explore hiring individuals from other nationalities. According to a representative from MoHRE has affirmed that the first 20 per cent diversity requirement is universal and not targeted at any particular nationality. Once this diversity threshold is met, companies are free to hire individuals from any nationality.
The MoHRE emphasises that the policy of diversity aims to integrate the social and cultural diversity of the UAE into the core values of private-sector companies. This is achieved by diversifying the cultural backgrounds of employees, offering equal employment opportunities and empowering UAE citizens as per the applicable percentages of Emiratisation.
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The United Arab Emirates (UAE) has emerged as a global destination for skilled workers seeking to contribute their expertise to a rapidly evolving and dynamic environment.
Navigating the immigration laws governing skilled workers is a crucial step for those aspiring to build their careers in this thriving region. The UAE has implemented a range of visa categories and regulations specifically designed to attract and retain skilled professionals.
One of the primary avenues for skilled workers is the Employment Visa. This category necessitates a formal job offer from a UAE-based employer, emphasizing the importance of securing employment before initiating the immigration process.
Employers are required to obtain labour approval from the Ministry of Human Resources and Emiratisation (MoHRE), ensuring that the hiring aligns with the country's workforce needs and regulations.
The Investor/Partner Visa is tailored for skilled professionals who make significant investments in the local economy. It reflects the UAE's recognition of the economic contributions that skilled individuals can make beyond their professional capacities.
A notable development in recent years is the introduction of the Golden Visa, a special residency program designed for select skilled professionals and their families. This visa category offers long-term residency benefits, attracting individuals with exceptional skills, talents, and achievements in various sectors.
General requirements for skilled workers seeking immigration to the UAE include providing evidence of educational qualifications and possessing specialized skills relevant to the job. The visa application process typically involves accepting a job offer, obtaining labour approval, receiving an entry permit, undergoing a mandatory medical examination, and securing a residency visa upon entering the country.
Skilled workers in the UAE may also have the opportunity to sponsor their immediate family members for residency, fostering a sense of community and support. Employment visas are generally valid for two or three years, subject to renewal, providing stability for skilled workers in the region.
For those navigating the immigration process, attention to detail and adherence to regulations are paramount. Staying informed about updates in immigration laws and maintaining close collaboration with employers can help ensure a seamless transition into the professional landscape of the UAE.
The UAE's immigration laws for skilled workers reflect a strategic approach to attracting and retaining top talent and enhancing professional growth and development.
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Renewing your Emirates ID is vital, but sometimes life can throw unexpected hurdles, causing delays. The good news? There's an opportunity to seek exemptions from the late fines imposed for delayed renewals. The Federal Authority for Identity, Citizenship, Customs, and Port Security has outlined specific eligibility criteria for these exemptions, providing relief under various circumstances.
The Eligibility Criteria for Exemption of Late Fines
Extended Absence: Individuals spending over three months outside the country, leading to their ID's expiration after departure, are eligible.
Specific Situations: Those facing ID expiration due to deportation, administrative decisions, or pending cases, backed by official documents from relevant authorities, qualify.
No Previous ID: Individuals without an ID before obtaining nationality or a family book can seek an exemption.
Health Conditions: Bedridden individuals, those with contagious diseases, or disabilities supported by a medical certificate can apply.
Diplomatic Staff: Staff and their dependents from diplomatic or consular missions are eligible.
Elderly Individuals: Those aged 70 or above, unable to visit service centres, qualify for the exemption.
Social Security Status: Emiratis under the social security system and their dependents need official financial status certification for exemption.
Computer Errors: Individuals facing delays in ID renewal due to computer errors can seek exemption from fines.
Understanding the Process:
Exemptions are subject to specific conditions set by the authorities. It's crucial to carefully review the eligibility criteria and provide the necessary documentation to support your exemption request. Whether it's prolonged absence, unforeseen circumstances, or health-related issues causing delays, the outlined exemptions aim to provide relief to individuals facing difficulties in ID renewal.
Emirates ID renewal is a crucial process, but life's challenges can lead to unavoidable delays. The exemptions offered by the Federal Authority aim to support individuals in such situations. By understanding the eligibility criteria and providing the necessary documentation, individuals can navigate these exemptions and seek relief from fines imposed due to delayed renewals.
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