UAE immigration information: Can I leave my free zone job in UAE without penal...: I joined a company under Jebel Ali Free Zone Authority (JAFZA) seven months back. The contract states that if an employee leaves within one year of joining, he has to reimburse the cost of visa and other expenses incurred by the company on him. I am now considering taking up a job with a company outside JAFZA. Kindly advise whether the company can enforce the terms of the contract and also if they would be entitled to put a ban on me.
In respect to the article in your contract which states that "if an employee leaves within one year of joining, he has to reimburse the cost of visa and other expenses incurred by the company on him", it is considered void and contrary to the Labour Law. But in this case, the employer is entitled to claim the compensation for the employee's violation of the labour contract, as the labour contracts in Free Zones like JAFZA are usually limited to two years.
Therefore, if the reader revokes the contract prematurely, then the company in this case has the right to claim ... compensation as he terminated the labour contract prematurely, and the amount of compensation varies between a maximum of Dh1,500 and Dh2,000.
Such an amount shall be determined according to the employee's position as well as salary.
The employer has the right to ask JAFZA to put a work ban for a year as such a work ban is applicable for JAFZA only.
Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal consultants
Tuesday 2 July 2013
Saturday 30 March 2013
UAE immigration information: UAE Ministry of Labour stipulates salary for grad...
UAE immigration information: UAE Ministry of Labour stipulates salary for grad...: A minimum salary rule will be applied by the Ministry of Labour to three categories of employees, provided they have a secondary school certificate or a higher educational certificate, local Arabic daily Al Khaleej has reported.
Ministry officials said the private sector workers are grouped into five skilled labour categories, adding that employees of the first category should be university graduates and should receive a minimum monthly salary of Dh12,000.
The second category include technicians who should receive not less than Dh7,000, while the third are skillful labourers who must be paid at least Dh5,000, provided they have a secondary school certificate.
According to the report, the latest ministry regulations followed requests by a number of employees wishing to change their jobs for higher salary and other reasons.
The report states that many of the applications were rejected because they did not meet the necessary conditions. The Ministry has also said it had agreed on bringing labour from outside the UAE as long as all labour conditions are met.
The report quoted the ministry as saying it will not give new labour permits to employees in case the salary they will receive in the new company is less than what the ministry has previously decided.
In such a case, they will have approval six months after the cancellation of the old labour card.
To be given a labour permit, the qualifications of the employees should suit the nature of the job, it said. .
Ministry officials said the private sector workers are grouped into five skilled labour categories, adding that employees of the first category should be university graduates and should receive a minimum monthly salary of Dh12,000.
The second category include technicians who should receive not less than Dh7,000, while the third are skillful labourers who must be paid at least Dh5,000, provided they have a secondary school certificate.
According to the report, the latest ministry regulations followed requests by a number of employees wishing to change their jobs for higher salary and other reasons.
The report states that many of the applications were rejected because they did not meet the necessary conditions. The Ministry has also said it had agreed on bringing labour from outside the UAE as long as all labour conditions are met.
The report quoted the ministry as saying it will not give new labour permits to employees in case the salary they will receive in the new company is less than what the ministry has previously decided.
In such a case, they will have approval six months after the cancellation of the old labour card.
To be given a labour permit, the qualifications of the employees should suit the nature of the job, it said. .
Monday 25 March 2013
UAE immigration information: Can company enforce 1-year ban in UAE if terminat...
UAE immigration information: Can company enforce 1-year ban in UAE if terminat...: The UAE Ministry of Labour has moved a case to its Legal Department to rule on a case which has raised the issue of whether a company that has cancelled the contract by issuing a termination letter can enforce a one-year employment ban on that employee.
A report in local Arabic daily Al Khaleej cited the ministry’s clarification made in a case where a female employee had been issued a one-year ban by her company.
The ministry stated that if the employee has violated the contract in any away, then irrespective of resignation or termination, a ban can be enforced.
Despite the ministry ruling that in this case the ban was applicable, the details of the case raised many questions that needed clarification.
The ministry first clarified that an investigation into the case revealed that the company had issued her a termination letter, which she was using to get the ban lifted.
The employee claims that the end of her employment was signed off by the employer after only three months of her working there.
The company has claimed that she violated the terms of the contract, which the ministry probe held as true and therefore, a ban in this case is fair.
The final ruling, however, is now with the Legal Department of the Ministry of Labour.
A report in local Arabic daily Al Khaleej cited the ministry’s clarification made in a case where a female employee had been issued a one-year ban by her company.
The ministry stated that if the employee has violated the contract in any away, then irrespective of resignation or termination, a ban can be enforced.
Despite the ministry ruling that in this case the ban was applicable, the details of the case raised many questions that needed clarification.
The ministry first clarified that an investigation into the case revealed that the company had issued her a termination letter, which she was using to get the ban lifted.
The employee claims that the end of her employment was signed off by the employer after only three months of her working there.
The company has claimed that she violated the terms of the contract, which the ministry probe held as true and therefore, a ban in this case is fair.
The final ruling, however, is now with the Legal Department of the Ministry of Labour.
Tuesday 5 March 2013
UAE Visa Rules and Procedures: Re-Entry Permit for Residence Visa holder of Dubai...
UAE Visa Rules and Procedures: Re-Entry Permit for Residence Visa holder of Dubai...: A RESIDENT VISA HOLDER STAYING OUTSIDE U.A.E. FOR MORE THAN 180 DAYS has to obtain a Re Entry Residence Permit in Dubai.
As per the new immigration law a resident visa holder staying outside the U.A.E. for more than 180 days has to complete some procedures before re-entering into Dubai.
He/she can staying outside U.A.E. for more than 180 days is considered on some conditions and the procedure has to be completed by the sponsor for re-entering of sponsored person into Dubai.
In case the holder of Dubai resident visa stayed outside UAE for more than 180 days his visa will be blocked. Some persons are exempted from visa block. The details of exemption are given in the re-entry exempted list.
For example, If the exit from U.A.E. was on 03-Jul-2011 and intend to come back on 28-Feb-2012 (6 months + extra 2 months) sponsor has to complete the below mentioned procedures for unblocking the residence visa.
The sponsor has to obtain the following documents and attend at GDRFA to apply for a re-entry permit since he is the sponsor & the sponsored person exceeded 180 days outside UAE:
Application form from typing center.
A certificate for the case reason attested from UAE Embassy + Ministry of Foreign Affairs "within the same country" + Ministry of Foreign Affairs inside UAE approves the reason of staying that whole period outside UAE.
The person passport copy along with the sponsor passport copy.
AED 130 fees for that service.
AED 100 for each month exceeding the 180 days.
Note:
The sponsored UAE Residence Visa should be valid.
The matter is subject to approval from GDRFA.
You may contact General Directorate of Residency & Foreigners Affairs-Dubai for more information.
Toll-free : 8005111
Tel (Int.) :+971 4 313 9999
Fax :+971 4 501 1111
Email : Amer@dnrd.ae
Website :www.amer.ae
As per the new immigration law a resident visa holder staying outside the U.A.E. for more than 180 days has to complete some procedures before re-entering into Dubai.
He/she can staying outside U.A.E. for more than 180 days is considered on some conditions and the procedure has to be completed by the sponsor for re-entering of sponsored person into Dubai.
In case the holder of Dubai resident visa stayed outside UAE for more than 180 days his visa will be blocked. Some persons are exempted from visa block. The details of exemption are given in the re-entry exempted list.
For example, If the exit from U.A.E. was on 03-Jul-2011 and intend to come back on 28-Feb-2012 (6 months + extra 2 months) sponsor has to complete the below mentioned procedures for unblocking the residence visa.
The sponsor has to obtain the following documents and attend at GDRFA to apply for a re-entry permit since he is the sponsor & the sponsored person exceeded 180 days outside UAE:
Application form from typing center.
A certificate for the case reason attested from UAE Embassy + Ministry of Foreign Affairs "within the same country" + Ministry of Foreign Affairs inside UAE approves the reason of staying that whole period outside UAE.
The person passport copy along with the sponsor passport copy.
AED 130 fees for that service.
AED 100 for each month exceeding the 180 days.
Note:
The sponsored UAE Residence Visa should be valid.
The matter is subject to approval from GDRFA.
You may contact General Directorate of Residency & Foreigners Affairs-Dubai for more information.
Toll-free : 8005111
Tel (Int.) :+971 4 313 9999
Fax :+971 4 501 1111
Email : Amer@dnrd.ae
Website :www.amer.ae
UAE Visa Rules and Procedures: Dubai Visa Status and Information about DNRD Appli...
UAE Visa Rules and Procedures: Dubai Visa Status and Information about DNRD Appli...:
Residence Application Status – This will show the status of passport that has been submitted to DNRD for visa stamping as whether it is processed or not.
Dubai immigration also started a smart mobile application from their website for checking the status and validity of visit visas and other immigration transactions. The new mobile service from General Department of Residency and Foreign Affairs in Dubai will enable the public to check about the status of Dubai visas and other immigration transactions.
DNRD eServices is a fully integrated online system designed for minimizing the time required on managing your application and other transactions with DNRD. Residents don't need to register to use the online visa status enquiry services.
Click here to view the Visa Status
The website of General Directorate of Residency – Dubai has the facility to check the Dubai visa status and information about DNRD applications. The GDRFA site provides a Query DNRD App page to check about the visa status and other immigration applications. The status of following immigration forms applied in DNRD can be checked through the Dubai immigration portal by entering the basic application information like smart form number or application number.
Entry permit validity
UAE Residence validity
eDNRD Application
eFORM Application
Entry permit validity
UAE Residence validity
eDNRD Application
eFORM Application
Residence Application Status – This will show the status of passport that has been submitted to DNRD for visa stamping as whether it is processed or not.
Dubai immigration also started a smart mobile application from their website for checking the status and validity of visit visas and other immigration transactions. The new mobile service from General Department of Residency and Foreign Affairs in Dubai will enable the public to check about the status of Dubai visas and other immigration transactions.
DNRD eServices is a fully integrated online system designed for minimizing the time required on managing your application and other transactions with DNRD. Residents don't need to register to use the online visa status enquiry services.
Click here to view the Visa Status
Sunday 6 January 2013
UAE Visa Rules and Procedures: No criminal case for bounced security cheques in U...
UAE Visa Rules and Procedures: No criminal case for bounced security cheques in U...: UAE courts have stopped accepting cheques submitted by banks as a criminal tool against debt defaulters in line with new instructions by President His Highness Sheikh Khalifa bin Zayed Al Nahyan, the semi-official daily Alittihad reported on Monday.
The instructions had first benefited Emirati defaulters before courts were told last month to apply the same rule on expatriate debtors, the paper said.
Quoting Jassim Bu Aseeba, Director of the Judicial Inspection Division at the Ministry of Justice, the Arabic language paper said banks have been told that federal courts would no longer accept cheques presented to them by expatriates against a loan.
“All federal courts in the UAE have started to enforce the presidential instructions to stop accepting cheques presented by banks as criminal tools against expatriates as is the case with Emirati defaulters,” Bu Aseeba said.
“For this reason, the public prosecutor has released all those jailed because of those cheques. Many Emiratis were already released in October.”
The paper quoted another official as saying federal courts have stopped accepting all cheques presented to them by banks and all other financial firms.
“These cheques are no longer sufficient to put a defaulter in prison. They are not a criminal tool any more,” said Ali Khalfan Al Dahiri, director of the legal affairs department at the Ministry of Presidential Affairs.
“The decision is in line with the President’s directives to achieve justice for all residents including Emiratis and expatriates. The decision was enforced last month and all federal courts now enforce the same rule on both Emiratis and expatriates. There is no discrimination in the enforcement of these rules,” he added.
The paper also quoted banking officials as confirming cheques are no longer considered as a criminal tool but that they can be used by banks to prove they are owed money by debtors.
“Banks are still presenting cheques given to them by debtors only as documents proving their rights, including the loan and interest,” one source said. “But these cheques are no longer enough to arrest defaulters and convict them.”
Legal adviser Dr Mustafa El-Sherbini said that this does not mean the rights of the creditor are compromised, but it entitles the creditor to go to the civil court to claim dues.
Banking sources told the paper that banks have also stopped using security cheques as a criminal tool, but continued to request they be submitted as part of documentation for loans.
The report quoted sources as saying that this ruling only covers security cheques and that cheques submitted towards monthly, quarterly and other fixed-term payments can be used to file a criminal case if they are not honoured.
The instructions had first benefited Emirati defaulters before courts were told last month to apply the same rule on expatriate debtors, the paper said.
Quoting Jassim Bu Aseeba, Director of the Judicial Inspection Division at the Ministry of Justice, the Arabic language paper said banks have been told that federal courts would no longer accept cheques presented to them by expatriates against a loan.
“All federal courts in the UAE have started to enforce the presidential instructions to stop accepting cheques presented by banks as criminal tools against expatriates as is the case with Emirati defaulters,” Bu Aseeba said.
“For this reason, the public prosecutor has released all those jailed because of those cheques. Many Emiratis were already released in October.”
The paper quoted another official as saying federal courts have stopped accepting all cheques presented to them by banks and all other financial firms.
“These cheques are no longer sufficient to put a defaulter in prison. They are not a criminal tool any more,” said Ali Khalfan Al Dahiri, director of the legal affairs department at the Ministry of Presidential Affairs.
“The decision is in line with the President’s directives to achieve justice for all residents including Emiratis and expatriates. The decision was enforced last month and all federal courts now enforce the same rule on both Emiratis and expatriates. There is no discrimination in the enforcement of these rules,” he added.
The paper also quoted banking officials as confirming cheques are no longer considered as a criminal tool but that they can be used by banks to prove they are owed money by debtors.
“Banks are still presenting cheques given to them by debtors only as documents proving their rights, including the loan and interest,” one source said. “But these cheques are no longer enough to arrest defaulters and convict them.”
Legal adviser Dr Mustafa El-Sherbini said that this does not mean the rights of the creditor are compromised, but it entitles the creditor to go to the civil court to claim dues.
Banking sources told the paper that banks have also stopped using security cheques as a criminal tool, but continued to request they be submitted as part of documentation for loans.
The report quoted sources as saying that this ruling only covers security cheques and that cheques submitted towards monthly, quarterly and other fixed-term payments can be used to file a criminal case if they are not honoured.
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