Resigning from work when out of UAE

A reader from Dubai asks: This question is on behalf of my sister-in-law who was working in Dubai for five years in the same company. Last November, she went on leave for two weeks and did not come back due to some reasons. She sent her resignation by email after the second week. The company did not respond to her mail. Right now, she is in the Philippines. She doesn’t want to go back to the UAE. Her visa is not yet cancelled by her previous employer. She will be out of UAE for almost six months and her work permit will expire in September. Does she need to send her passport to her previous employer to have it cancelled?

I would like to clarify to the questioner that when she resigned from work while she was outside the country, she has violated the Labour Law especially if her contract is for unlimited period and she notifies the employer. The employee has to work within the notice period and then hand-over his custody. The questioner in this case might lose the end-of-service gratuity. Besides, the employer might request the Ministry of Labour to impose a one-year ban or the questioner might not be able to enter the country once again. Therefore, if the questioner cannot return to the country, she has to send her passport to cancel her sponsorship.

Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants.

Bounced cheque: How to get your money back

A reader from Dubai asks: I have a cheque towards an amount of money I gave to the cheque issuer six months ago. The said cheque was returned from the bank unpaid for insufficient funds; upon approaching the cheque issuer, he paid me half the amount of the cheque and since then I have been trying with him to get the balance of the amount, however, there is no hope to get the remaining amount. When I told him that I would present the cheque to police, he stated that I cannot do so because: 1- it is written on the reverse of the cheque that I have received half of the cheque amount; therefore such dispute has become before the civil court not the police. 2- I am the one who wrote the full information of the cheque such as the date and amount of the cheque and the cheque issuer has only signed the cheque. Does this mean that I can not present the cheque to the police? Please guide me in this regard.

I would like to clarify to the questioner that he may present the cheque to the police; he can merely inform the police that he has received half of the amount. As for the information written by the questioner in the cheque, this does not prevent the questioner from presenting the cheque and by doing this, the questioner is not considered to be breaking the law.

Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants.

Notice period

A reader from Dubai asks: I have worked in a company for more than five years on an unlimited contract. Last year, I signed a contract for limited period with the company; presently I am compelled to leave work due to the availability of job with another company. My question is: Am I obliged by law to provide the employer with a month’s notice prior to leaving? What shall I do if I leave work immediately without notice? Am I entitled to transfer to a new company without the need for No Objection Certificate from the sponsor? I completed more than three years with the present sponsor. Please advise and guide me in this regard.

I would like to advise the questioner to not break the limited-period employment contract otherwise he will be against the Labour Law and the employer might apply to the Ministry of Labour for a one-year ban on the questioner.

Also, the questioner might owe the employer an amount equivalent 45 days’ worth of salary if it is proved that the employer had been affected by the termination of such contract. Moreover, the questioner might lose his entitlements including the end-of-service gratuity, excluding the annual leave. Finally, I would tell the questioner that if he is compelled to quit the job, he is not obliged by law to notify the employer since the limited-period contract does not require a notice.

Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants.

UAE National ID cards - what is going on?

courtesy:7Days

Identity cards - do we need them or not?

That’s the question residents are asking as confusion surrounds access to vital services in the UAE.

Panicked people have flocked to Emirates Identity Authority (EIDA) centres across the country this week after the Ministry 

of Interior announced that the cards would be required from now on to access any official services, including registering 

vehicles and opening bank accounts.

However, the Roads and Transport Authority (RTA) told 7DAYS yesterday it still has not received any official communication from the ministry on the issue and Dubai-based banks were also continuing to allow customers to open accounts without producing an ID card this week.

Ahmad Hashim Al Behroozian, Chief Executive Officer of the Licensing Agency at the RTA, said it was business as usual.

“We will implement any changes only after carefully studying any directives and how it is going to impact our customers,” said Behroozian.

A customer service operator at Emirates NBD said: “You don’t need an identity card to open an account.”

However, an official from the authority at the EIDA office in Karama told 7DAYS: “Government and banking transactions 

will be stopped if people do not show an ID card.”  He added: “Everyone should have one now.”

One person who was waiting to apply for a card in Karama said: “The entire process is too demanding for busy professionals. I am not sure whether it is mandatory to have a card or not. There are different statements on the issue.

My request to authorities is to simplify the process and make it less complicated.”

Despite repeated attempts by 7DAYS over many weeks to gain answers on the ID card situation, no one from EIDA has been available to answer our questions.

***

Frustration grows over new system

Applicants are turned away from Dubai centres

People have been rushing to Emirates Identity Card (EIDA) centres across the UAE amid confusion over whether they immediately require the card to access services.

Long queues have formed at centres nationwide and frustrated folk have been turned away in Dubai and told to return the following day because centre officials cannot deal with the demand.

An Indian man who was at the Karama centre yesterday said he was told to go back there today as there were no appointments available. “It would have been easy if the process had got over in a day. I feel frustrated that I have to come to the centre again and again,” he said.

An official at the centre said people needed to get up early to avoid rush. “7am is the best time to come down here and try to secure an appointment,” he said.

But he also pointed to the EIDA web site and told people to visit there first to get more information on how to apply for an ID card.

“If people don’t get an appointment at one centre, they should approach another one. There are a number of ID centres in Dubai and Sharjah,” said the official.

A Dubai-based public relations officer told 7DAYS she was frustrated that she had been unable to secure an appointment to obtain a card.

“I have tried to get an appointment online, but in vain. I am yet to apply for an ID because of lack of proper information. There should also be more centres for processing applications,” she said.

Meanwhile, in Abu Dhabi it was reported that the traffic department had set up a tent equipped with registration devices to allow motorists to sign up for the ID card to help speed up the process so they can then register or renew vehicles immediately by producing a receipt for the card.

Seven identity cards facts

What is the Identity Card?

The ID card is mandatory for each national or expat over the age of 15. It is expected that the ID card will, later, replace all currently applicable other identification means such as labour permit, health card, driving license, etc.

Where can people apply for an ID card?

Enrollment is available through EIDA’s registration centres around the UAE. These centres operate from Sunday to Thursday. 

There is a centre in Karama Central Post Building, next to Dubai Municipality, and one behind Al Rashidiya Council Building. There is also a centre next to Jebel Ali horse racing track or you can visit the Dubai Naturalisation and Residency Department at Al Jafelia, next to the police station. Maps, opening times and directions are available on the EIDA web site or from the call centres. Each emirate has its own registration centres.

What are the documents required for enrollment?

UAE nationals: Application form and original valid passport, along with an original family book and parent’s family book (optional and aimed at electronically connecting the family tree).

Expats: Application form and a valid original passport including residence visa.

What information does the card contain?

The ID card comes with a personal ID number which is linked to your file. The microchip contains your photo, name, date of birth, gender, nationality, mother’s name, marital status, entry information, fingerprint, an electronic certification for authenti-cation and an e-signature. It also holds the details of your sponsor, and the number and expiry date of your residence permit.

What are the charges for card enrollment?

UAE Nationals, dhs100. Residents dhs100 for a year’s residence, dhs200 for two-year residence, dhs300 for three-year residence. GCC residents, dhs100 per year depending on the chosen period. However, five years is the maximum validity time for the ID card.

 

Does the card expire?

The card is valid for the same length of time as your residency visa, ie one, two or three years.

Can I use the ID card instead of a passport?

Only UAE nationals can use the card to commute between GCC countries without the need for showing a passport.

Kenya resolves visa row with UAE

NAIROBI, Kenya, May 5 - Kenya announced on Wednesday it had finally settled a month-long diplomatic row with the United Arab Emirates (UAE) that led to controversial visa rules that blocked non-graduate Kenyans from traveling there.

The move now means that thousands of Kenyan traders can now travel to Dubai, which is a popular business destination for imported consumer goods.

“We have discussed with our counterparts in the UAE and agreed to go back to the status quo and that decision (for Kenyans to possess degrees) has been rescinded,” Foreign Affairs Minister Moses Wetangula said.

He told a press conference held in his office at the Ministry headquarters in Nairobi that the issue was resolved after a meeting with his counterparts in Abu Dhabi.

“We held very fruitful discussions, and I am happy to inform you that the requirement for a degree to visit UAE for whatever reasons is waived,” he said.

He added: “It is one of those soft barriers that countries put as gates to their countries but this was, in my estimation, a bit overstretched.”

Mr Wetangula said the decision was punitive for Kenyans “because most of our nationals going to the UAE go there as businessmen… they go there to buy cars, tiles and all they need is money and not a degree.”

The UAE imposed the tough visa rules last month to retaliate against an incident in the Coastal town of Mombasa in early April when four of its nationals were arrested by officers from the Anti-Terrorism Police Unit (ATPU), detained briefly before being deported to Dubai.

Reports suggested at the time that those arrested were people with links to a royal family in the UAE.

The surprise decision by the UAE drew mixed reactions from Kenyans intending to travel to that country and those already working there who urged the government to intervene.

President Mwai Kibaki subsequently dispatched the Foreign Affairs Minister there to meet UAE officials in order to resolve the stalemate.

Mr Wetangula told journalists that Kenyan diplomatic representatives in Abu Dhabi were finalising the issue “and expect everything to be normal by tomorrow (Wednesday).”

“We have discussed the matter and everything is okay now.  Anyone applying for a visa to Dubai and gets a problem should get in touch with my ministry which is always ready to assist,” he said.

Statistics available at the Ministry shows that up to 60,000 or more Kenyans live and work in the UAE while hundreds more travel there on a daily basis for business trips.