U.A.E Revoke Six Month Labour Ban from January 2016

U.A.E Visa Rules , Dubai Visa Rules: U.A.E Revoke Six Month Labour Ban from January 201...:

Effective from January 2016, there will be no six months ban if services
are terminated in mutual agreement between the employer and employee.
UAE Ministry of Labor has confirmed that the ban of six months will be
cancelled beginning January if the work permit and employment are
terminated in mutual agreement.The Ministry of Labour said that
beginning January 2016, it will revoke
the six months ban rule, if employee and employer opt for mutual
termination of work permit.

The new rule is part of the new
resolutions issued by Labour Minister Saqr Ghobash Saeed Ghobash in
September.However, workers in grade IV and V who have not completed six
months with the first job are exempted from this rule, he added
According
to the Ministry, employees will be allowed new work permits to join
another facility immediately, even if the employee has not completed two
years at the first facility.
The ministry has completed procedures for implementation of the resolutions beginning next year, the report added.
Humaid
Rashid bin Dimas Al Suwaidi, Assistant Undersecretary at Ministry of
Labour, told Al Bayan that under the new resolution, employees who end
their service in agreement with the establishments and cancel their work
permits will be allowed to move to other establishments, even if they
have not completed two years at the workplace.
However, workers in
levels IV and V who have not completed six months with the first
facility are exempted from this rule, he added.
Al Suwaidi said that
currently workers who terminate their service through consensus and have
completed two years are also not allowed to move to another facility
immediately. They are allowed to join another job only after a period of
six months from the date of cancellation of the work permit, he added.
As
per the new resolution No. 766 of 2015 workers will be granted new work
permits immediately beginning January, explained Al Suwaidi and added
that this is so as long as both the parties fulfill the conditions
agreed upon in the labour contract signed between them.

Al
Suwaidi confirmed that the new Ministry rule aims to attract and retain
talent, and is in line with the strategic goal of the government to
being a knowledge-based economy attracting global talent.
He said the
ministry aims to promote workers from within the country rather than
bringing them from abroad, especially people with expertise.
Al
Suwaidi said last year 340,000 workers who ended their service at one
job could not get new work permits because they had not completed two
years and the labour market thus could not benefit from experiences and
skills.
 

Dubai Visa Rules: UAE Ministry of Labour begin issuing fines for labour-related offences

Dubai Visa Rules: UAE Ministry of Labour begin issuing fines for l...: The Ministry of Labour will begin issuing fines for three types of labour-related offences, notably not issuing labour contracts, non-renewal of work permits during the grace period and a fine against non-renewal of the trade licence of private recruitment agencies.

The ministry will start issuing fines with effect from March 5 in accordance with the Cabinet’s decision which was issued recently.

Humaid Bin Deemas Al Suwaidi, Assistant Undersecretary of Labour Affairs at the ministry, said that under the Cabinet’s decision, employers will have a grace period of 60 days to renew work permits or get new work permits for their employees from the date of entry into the UAE or the adjustment of the employee’s status to avoid a Dh500 fine per month.

Bin Deemas stressed the importance of documenting labour contracts through the ministry, as well as the employer’s commitment to renew work permits in a timely manner. This helps the minsitry regulate relations between both parties and stabilises the labour market and thus protects the rights of both the employers and the employees.

“Starting March 5, the ministry will issue fines against private recruitment agencies that operate with expired licences. The decision includes both Temporary Employment offices and Mediate Offices,” he explained.

In implementation of the Cabinet’s decision, which took effect on January 5, the ministry provides temporary employment agency business owners with a 60-day grace period to renew their licences and avoid the fine. The fine used to be issued against those agencies on the day following the expiry date.

The Assistant Undersecretary for Labour Affairs called upon private recruitment agencies to speed up renewals according to the procedures followed before March 5 in order to avoid fines, which increase by Dh1,000 for mediating agencies, and Dh2,000 for temporary employment agencies per month of delay. “The previous amount was Dh10,000 for both,” he said.

Temporary Employment offices use an employee’s services by hiring him out to work for a third party, where they carry out the work or service under the supervision of the third party. Mediate Offices act as a third party between both the employee and the employer to help in the negotiation process in terms of the contract to form a business relation between them.

No increase in security deposit fee for hiring domestic workers in UAE.

Dubai Visa Rules: No increase in security deposit fee for hiring dom...:
Officials with the Ministry of Interior say there has been no increasein the security deposit needed to hire a maid within the UAE.Contrary to media reports, the security deposit remains at Dh2,000 and isrefundable when the maid completes her work contract, the work visaexpires and they return to her home country, said a senior official atthe Department of Residency and Foreign Affairs at the Ministry ofInterior on Tuesday.

The safety deposit will be returned once the visa is cancelled, the official at the Department of Residency and
Foreign Affairs in the ministry told .The fees are applicable if aresident has to hire a new driver, housemaid, chef, nanny or any other domestic help, the official said.

In addition, a yearly non-refundable fee of Dh5,000 must be paid to the ministry for hiring the domestic worker.According to the UAE law, a standard labour contract is binding on the domestic workers and their employers.A copy of this document must be provided to the worker and should include an end-of-service gratuity, in addition to the monthly salary. Theworkers are entitled to one day off per week.

The contract cannot be valid for more than two years and has to be signed by the employment agency and the employer. It should include the date of employment, thejob description and the wages among other details.
Additionally, domestic workers may be subjected to a six-month probation period.Recently, residents expressed concern over the increasing fees being required byrecruitment agencies that offer domestic helpers to the country’sresidents. Therefore, a motion was passed at the Federal NationalCouncil last year to ensure that this hike be limited, by signing agreements with the countries that export them.

As of 2012, some ofthe highlights of the new regulations in hiring domestic help includedthat the weekly day off be fully paid or that a day in lieu be given toworkers if they were required to work on that day, or that the day’spayment is received. A typical annual holiday of two weeks which can becarried forward to the following year if an employee failed to make useof them.

Workers have the right to withdraw their contracts if their employers inflict sexual or physical abuse. Employers cannot allow their domestic workers to do paid work with a third party without theministry’s consent.

Upon the expiration of the contract,employers have to settle their workers’ dues within 10 days. In case of
the death of an employee, employers must repatriate the body to the worker’s home country.
Employers need not provide severance pay if the employees are absent from work for more than 30 days.