Thursday 22 April 2010

Kenyans who work in Dubai are under no threat of losing their jobs

President Mwai Kibaki has now ordered Foreign Affairs Minister Moses Wetangula to travel to Dubai and resolve the visa row between the two countries should the mission in Abu Dhabi not sort it out by Friday.
Mr Wetangula assured the country on Wednesday that he was in constant communication with United Arab Emirates officials and was working to have the new requirement for Kenyan visa applicants traveling there to possess degrees scrapped.
The Minister who spent hours in a meeting with the President earlier in the day said that in the last two days he had secured the issuance of pending work permits for Kenyans and renewal of those that had expired.
“I want to give an assurance that Kenyans who work in Dubai are under no threat of losing their jobs. Our mission in Abu Dhabi has been following the matter very successfully,” he said.
The new requirement is a retaliatory move by the United Arab Emirates after Kenyan authorities arrested and deported four of its citizens on suspicion of being terrorists. There were reports that some of the suspects arrested were from a royal family in the UAE.“I don’t want to call this a crisis as it has been referred. It is an incident borne out of another incident which we have overcome by now and we want to move on into the future,” Mr Wetangula said.
It is estimated that over 36,000 Kenyans work in Dubai in the hospitality and construction industries. Thousands others frequent the free port city on business trips. Since the introduction of the new rules dozens of business people have been denied visas to travel there.
Many Kenyans pass through the country while heading to other parts of the world.The Minister confirmed that in the last two weeks two ministers and dozens of Members of Parliament had also been denied visas.

Monday 19 April 2010

Qatar delays plan to scrap visas on arrival

Qatar's plans to scrap its visa-on-arrival facility for nationals of 33 countries has been delayed.The old system will remain in place despite the Gulf state announcing new rules earlier this month which were set to be introduced on May 1.
Under the regulations, the nationals of 33 countries, including the US, UK and expat residents of the GCC, would have to apply for a visa prior to arrival in Qatar.
But media in Qatar reported on Monday that the move had been delayed after Qatar’s Foreign Ministry received requests from some countries to continue with the old system and allow their nationals time before the new entry visa rules are enforced.
According to Qatar News Agency (QNA), a source at the Consular Affairs Section of the Foreign Ministry said that the requests of these countries were being studied.
“It has, therefore, been decided that the existing visa-on-arrival scheme at the Doha International Airport for the citizens of the 33 countries will remain unchanged,” QNA quoted a senior Foreign Ministry official as saying.
The regulations would have meant that all passengers wishing to travel to Qatar for business purposes will need to have their visas arranged by a local sponsor, via the Ministry of Interior.

Sunday 18 April 2010

UAE Visa renewal fee cannot be deducted from gratuity





A reader in Dubai asks: I’ve been working in a company for over four years. Recently they reduced Dh2,000 from my salary due to bad performance (that is the reason they gave). This prompted me to resign. However, I have 41 days remaining in my annual leave and they just renewed my contract in the June of 2009. I was informed by our public relations officer that the company will deduct the visa renewal fee and health insurance from my end-of-service entitlement. Is this legal? For the health insurance, they made us sign an agreement in October 2009 that if we did not complete the 12 months we have to pay for the remaining months. Regarding the remaining leave, they said it will not be converted to cash as I did not utilise it. Do I have any claim if they do all this?
No, it is illegal and you can complain to the Ministry of Labour to get the entire gratuity plus the compensation.
Questions answered by Advocate Eisa Bin Haider of Bin Haider Advocates & Legal Consultants.

Tuesday 13 April 2010

Claming unpaid salary


A reader in Dubai asks: I have been working at an establishment for more than two years. Two months ago, the employer sold the establishment. Since then I have not received my salary. When I claimed my late salaries from the new owner of the establishment, he told me that he agreed with the previous owner that he would not be obliged to pay any late salaries to anyone, except for late salaries incurred from the purchase date of the establishment. He said that I should claim my unpaid salaries from the previous owner of the business but the latter has refused to make such payment. Who is liable at law to pay my late salaries, the previous employer or the new one?
The Article No 126 of the Federal Labour Law No 8 of 1980 states the following: “Where a change occurs in the form or legal status of the establishment, contracts of employment that are valid at the time of the change shall remain in force between the new employer and the workers of the establishment, and their service shall be deemed to be continuous. Both the original employer and the new employer shall be jointly liable for a period of six months for the discharge of any obligations resulting from contracts of employment during the period preceding the change; after the expiry of this period the new employer shall solely bear liability.”

Friday 2 April 2010

Can I get the ban lifted by paying money?



A reader from Dubai asks: I have worked in a company for more than two years for a salary of Dh6,000. The first period of my employment in the company of six months is not mentioned in the ratified employment contract between me and the Ministry of Labour. I have submitted my resignation, but there is a disagreement between me and the company on the matter of the current salary, the end-of-service gratuity and the said first period of employment. My question here is; how shall I prove before the Ministry of Labour my current salary, which is larger than the amount mentioned in the employment contract? And how shall I prove my joining date in such company? Is the employer entitled to request the ministry to impose a six-month ban on me and can I be exempted from such a ban. Can I get the ban lifted by paying money? Please advise me. Many thanks.
I would like to clarify to the questioner that he may prove his current salary through the bank receipts, which state the deposit of the questioner’s salary in the bank or any letter from the company stating that the company has increased the questioner’s salary. As for the first period of employment for the questioner in the company, the questioner may prove the same through the appointment letter as well as the date of the first salary he received from the company. In connection with the ban, a six-month ban will be imposed on the questioner by the Ministry of Labour since the questioner has not completed three consecutive years with the existing employer. Therefore, a no-objection certificate is required by the questioner to transfer the sponsorship from the existing sponsor so that he can lift the ban.
Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants

Visa cancellation


A reader from Dubai asks: How much time will be required to resolve the dispute if I approach the Ministry of Labour to cancel my visa, since my employer is refusing to cancel my visa after I gave in my resignation (which he refused to accept) and I will complete my 30 days notice period on September 30, 2010?
If there is no dispute regarding the dues between the questioner and employer, and the questioner is only approaching the Ministry of Labour to cancel his visa upon completion of the notice period, in this case, the cancellation procedures may be completed by the Ministry of Labour within almost two weeks.
- Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants.

Son's visa expires


A reader from Dubai asks:  My son is under my sponsorship. He will be 18 on February 10. His visa expires on April 10. I would like to ask you whether I can renew his residence visa. He is taking his board exam on April 25, here in Dubai. Do I need to cancel his visa?
The questioner will not have any problem with regards to his son’s residence visa. In relation to the visa which expires in February, the questioner’s son has 30 days after the expiry, and when the period of 30 days has lapsed, a new visa may be made for his son if he continues his education within the UAE, and in this event, the new visa will be only for one year to be renewed annually.

Not on company's visa


A reader in Dubai asks: I have worked at a special university affiliated to Knowledge Village for more than three years; I signed an employment contract with the university but my residence was not under the university where I am working presently. I submitted my resignation as a better job opportunity became available with a company in Dubai. I asked the university management to provide me with my end-of-service gratuity, but I was told that I was not entitled to anything and that the university was not responsible for my end-of-service dues on the basis that I was not under the university visa. Is it true that I am not entitled to end-of-service gratuity on the grounds that I am not under the company visa? Is it possible to file a complaint before the Ministry of Labour in this regard? Is it possible to approach the competent labour court to claim my labour rights
The university is related to Knowledge Village and not the Ministry of Labour, but the questioner may not be able to file an official complaint against such a university as Knowledge Village might not enable the questioner to approach the competent court to claim his rights on the grounds that both the questioner and university have acted contrary to law and therefore if the questioner files a complaint before Knowledge Village, both the questioner and university might be subject to accountability by Knowledge Village. Also the questioner cannot file a complaint to the labour court directly unless he obtains a letter from Knowledge Village. Therefore, I would advise the questioner to seek reconciliation with the university and obtain his rights amicably.
Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants.