Dubai Visa Rules: New contract for housemaid, domestic helpers from...: The Ministry of Interior (MoI) has amended the domestic helpers’ contract form, which will be effective today.
The Naturalization, Residency and Ports Sector at the MoI finished preparing the new and amended domestic helpers contract form after four years of implementation.
Major-General Khalifa Hareb Al Khaili, Acting Assistant Undersecretary of the Ministry of the Interior for Naturalization, Residency and Ports Affairs, said, “The new contract shall enter into force once ratified as of June 1, 2014, without the need for any procedures or ratifications by other authorities. It will be available for all via the electronic services system (E-service).”
“The new contract takes into account the different changes and aims to regulate relations between domestic workers and their employers. It is also the only reference adopted in determining the obligations of both parties to the contract, based on the provisions of the law,” said Maj-Gen Al Khaili.
Ratifying the new contract form falls within the jurisdiction of the Residency and Foreigners Affairs Departments, he added.
Maj-Gen Al Khaili said the contract form was amended and updated following assessment of the contract’s implementation phase during the past period.
He stressed that the updated version of the contract represents one of the many measures that the Ministry of Interior is reviewing, with a view to addressing the issues witnessed during the past period of implementation regarding domestic helpers. “This regulatory action fulfills the Ministry of Interior’s strategic goals and vision 2014-2016,” said Maj-Gen Al Khaili
Sunday, 1 June 2014
Wednesday, 14 May 2014
Dubai Visa Rules: The extension of ban for employment visas to expa...
Dubai Visa Rules: The extension of ban for employment visas to expa...: MUSCAT — The Royal Oman Police (ROP), in coordination with other authorities concerned, has decided not to issue employment visas for expatriates, who have previously worked in the Sultanate and not completed two years from the date of last departure after leaving a company.
Announcing this, the ROP said this is in accordance with the requirements of the expatriates Residency Law and will be implemented from July 1, 2014.
Last month, the Ministry of Manpower extended by another six months a ban on employing expatriate construction workers and housekeeping staff in the private sector.
The extension of the ban came into effect from May 4, 2014, continuing a six-month ban which was due to expire on May 1.
The ban has been extended after reviewing the needs of the expat labour market and the decision is based on recommendations from the Committee of Sectoral and Contractors Association, which appealed to the ministries concerned to regulate the labour market.
The small and medium enterprises (SMEs) are exempted from the ban. This has been done in agreement between the ministry and the Public Authority for the Development of Small and Medium Enterprises.
It is worth mentioning that recently Oman has decided to limit the proportion of expatriates working in the private sector from 39 per cent to 33 per cent and has outlined steps to increase the percentage of national manpower in the private sector and to rationalise the recruitment of expatriates apart from affirming its commitment to limit the level of expatriates working in the private sector.
The labour market regularisation comes in response to the demographic changes witnessed by the Sultanate’s job market.
The recent NCSI data reveals that the expatriate population rose 0.28 per cent to touch 1.7659 million by the end of February 2014, as against 1.7614 million during the previous month.
This constitutes 44.2 per cent of the country’s total population of 3.9919 million, of which 2.2260 million people or 55.8 per cent are nationals, according to the data.
Of the total 1.7659 million expatriates, 1.5345 million are employees working in various sectors and the remaining 232,000 people are their family members.
The growth of foreign workers is mainly driven by the construction sector, especially infrastructure projects.
For the expatriate population, the number of males is higher than females, with 1,448,816 males versus 318,580 females. The Governorate of Muscat recorded the highest percentage of expatriates which stood at 62 per cent of the total population of the governorate by the end of March 2014, while Omanis comprised 38 per cent of the residents. In Al Dakhiliyah the ratio of Omanis is 77 per cent compared to 23 per cent expatriates.
Announcing this, the ROP said this is in accordance with the requirements of the expatriates Residency Law and will be implemented from July 1, 2014.
Last month, the Ministry of Manpower extended by another six months a ban on employing expatriate construction workers and housekeeping staff in the private sector.
The extension of the ban came into effect from May 4, 2014, continuing a six-month ban which was due to expire on May 1.
The ban has been extended after reviewing the needs of the expat labour market and the decision is based on recommendations from the Committee of Sectoral and Contractors Association, which appealed to the ministries concerned to regulate the labour market.
The small and medium enterprises (SMEs) are exempted from the ban. This has been done in agreement between the ministry and the Public Authority for the Development of Small and Medium Enterprises.
It is worth mentioning that recently Oman has decided to limit the proportion of expatriates working in the private sector from 39 per cent to 33 per cent and has outlined steps to increase the percentage of national manpower in the private sector and to rationalise the recruitment of expatriates apart from affirming its commitment to limit the level of expatriates working in the private sector.
The labour market regularisation comes in response to the demographic changes witnessed by the Sultanate’s job market.
The recent NCSI data reveals that the expatriate population rose 0.28 per cent to touch 1.7659 million by the end of February 2014, as against 1.7614 million during the previous month.
This constitutes 44.2 per cent of the country’s total population of 3.9919 million, of which 2.2260 million people or 55.8 per cent are nationals, according to the data.
Of the total 1.7659 million expatriates, 1.5345 million are employees working in various sectors and the remaining 232,000 people are their family members.
The growth of foreign workers is mainly driven by the construction sector, especially infrastructure projects.
For the expatriate population, the number of males is higher than females, with 1,448,816 males versus 318,580 females. The Governorate of Muscat recorded the highest percentage of expatriates which stood at 62 per cent of the total population of the governorate by the end of March 2014, while Omanis comprised 38 per cent of the residents. In Al Dakhiliyah the ratio of Omanis is 77 per cent compared to 23 per cent expatriates.
Tuesday, 2 July 2013
UAE immigration information: Can I leave my free zone job in UAE without penal...
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
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
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.
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