MAHABros.com

UAE LABOUR & IMMIGRATION HELP

MAHABros.com - UAE LABOUR & IMMIGRATION HELP

New UAE Labour Law: 7 points your employment contract must include

Should you insist on retaining original job offer with you?

Since January 1, 2016, the UAE has implemented sweeping reforms to the old Labour Law, plugging loopholes that now make employees even more content and secure in their workplace.

Primary changes in the new regulations pertain to employment contracts for workers hired from abroad, termination of job contracts, and issuance of new labour permits to resident workers.

According to new regulations, any offer letter made to a foreign worker is legally binding once accepted and signed by both parties.

This means that the employment contract should be based on the offer letter signed by both parties. The contract, however, must include a set of information.

The resolution issued by the Minister of Labour mandates that employers will be required to disclose to the Ministry the terms of the offer made to a foreign worker.

As per law, the following seven points need to be specified in all employment contracts.

These include:

1) Wages/remuneration payable.

2) Date of the employment contract.

3) Date of commencement of the employment contract.

4) Nature of the contract (limited or unlimited).

5) Nature of the work.

6) Duration of the contract (for fixed term contracts).

7) The location of employment.

According to the ministry, it has begun implementing new procedures for issuance of work permits where employers are obliged to provide the job offer and annexes containing a comprehensive description of rights and duties between both parties.

The documents must be signed (or bear the thumbprint, depending on job classification) after which a copy of the job offer should be presented to obtain an authorisation to enter the country followed by the issuance of a work permit and signing of the contract.

The ministry praised the reaction of many companies to the newly launched decrees that have been applied since January.

“Many of the establishments that have applied for new work permits under the new decisions proved their commitment to establishing a transparent working relationship with workers who were brought from abroad, therefore, they proved their sincere commitment to protecting workers through innovating new methods that will monitor the workers’ signature/thumbprint and follow up on all processes,” says Humaid Bin Deemas Al Suwaidi, Assistant Undersecretary for Labour Affairs at the ministry.

“Since the implementation of the new decisions, the ministry cooperated with a number of enterprises that have applied for new work permits in order to determine the procedures followed to brief workers on job offers. Officials in some of these facilities said they dispatched HR employees to a labour-sending country to closely brief the workers on job offers and then signed it followed by a photograph for documentation purposes.”

Who keeps the original job offer contract – you or your employer?

Are you worried about your original job offer not being with you?

If this important document is with the company you are employed with, it is well within the legal rights of your boss and you have nothing to worry about.

The Ministry of Labour has called upon employers to keep the original job offer contracts, signed by both parties, in case of legal disputes.

The ministry’s undersecretary has said that workers may contact the ministry in case they find a false signature on the job offer before signing the employment contract.

In such cases, employers are required to bring the original job offer that will then be referred to the court for further inspection, he said.

courtesy : http://www.emirates247.com/

Revealed: Number of fixed-term and non-fixed term jobs approved in UAE

Ministry of Labour issued over 233,000 labour contracts in January, 75% are non-fixed term

The Ministry of Labour has reviewed over 250,000 job offers presented by private sector firms since the beginning of this year, and has issued 233,000 labour contracts, of which 75 percent are of non-fixed term.

Humaid bin Deemas Al Suwaidi, Assistant Under-Secretary for Labour Affairs, said, “The number of job offers printed during the last month confirms the clarity and ease of a working relationship between employers and workers in accordance with the newly launched Decrees, which aims to establish and promote a balanced and productive working relationship between both ends, based on cooperation and transparency, in order to preserve rights.”

He said: “Workers must look into job offers and annexes in their preferred languages before signing the contracts to reach a healthy work relationship between both parties; annexes must be reviewed as they hold a number of labour laws and amendments.”

Al Suwaidi said the ministry has ratified a total of 233,190 new and renewed labour contracts during January, of them 75 percent were non-fixed term, equal to over 175,790, and fixed-term contracts reached 57,400.

“The rise in non-fixed term contract numbers indicates that employers have identified their choice of that type of relationship in accordance with the new Decrees, something contrary to that which prevailed in the labour market previously, as fixed-term contracts are considered the most commonly used by employers back then,” he said.

Bin Deemas believes that the picking fixed-term contracts applies mostly to labourers as it may seem that the nature of their occupations requires that type of contract, which carries both parties agreement to abide by legal responsibilities between each other, especially in the event of a party deciding to violate the terms of the contract or wish to end it without the consent of the other party.

Al Suwaidi said, “Conditions that must be followed in the event that one of the parties decided to end a fixed-term contract during the renewal period, starts by notifying the other party before the date of termination (in a specified period agreed by both ends) not less than one month and not exceeding three months, where those who decided to terminate the contract must complete the notice period then pay agreed dues not exceeding the total remuneration of three months’ salary, and this applies for both sides.”

Ministry tells employers to keep original job contracts

The Ministry of Labour called on employers to keep the original job offer contracts, signed by both parties, in case of legal disputes where the worker may deny the signature or thumbprint on the document.

The ministry has begun implementing new procedures for issuance of work permits where employers are obliged to provide the job offer and annexes containing a comprehensive description of rights and duties between both parties. The documents must be signed (or bear the thumbprint, depending on job classification) after which a copy of the job offer should be presented to obtain an authorization to enter the country followed by the issuance of a work permit and signing of the contract.

The ministry praised the reaction of many companies to the newly launched decrees that have been applied since January, as per the directives of Saqr Ghobash, Minister of Labour.

Humaid Bin Deemas Al Suwaidi, assistant undersecretary for Labour Affairs at the ministry, said; “Many of the establishments that have applied for new work permits under the new decisions proved their commitment to establishing a transparent working relationship with workers who were brought from abroad, therefore, they proved their sincere commitment to protecting workers through innovating new methods that will monitor the workers’ signature/thumbprint and follow up on all processes.”

“Since the implementation of the new decisions, the ministry cooperated with a number of enterprises that have applied for new work permits in order to determine the procedures followed to brief workers on job offers. Officials in some of these facilities said they dispatched HR employees to a labour-sending country to closely brief the workers on job offers and then signed it followed by a photograph for documentation purposes.”

He said: “Others contacted the employment agency in one of the Asian countries that had briefed workers on job offers, watch them sign it upon acceptance and then forwarded the letters to the concerned party to issue a work permit.”

Some employers have gone beyond the normal requirements and documented the employees’ signatures on the contracts by photographing them while they are signing.

Bin Deemas called on workers to contact the ministry in case they find a false signature on the job offer right before signing the labour contract. In such cases, employers are required to bring the original job offer that will then be referred to the court for further inspection.

Employers must keep a close eye on signed job offers and make sure that it has been signed by the worker as the responsibility is the employer’s. However, labour courts are the competent authority to deal with such issues.

The procedures apply to workers residing in the UAE and seek to move from one establishment to another, either by signing the proposed job offer or placing their thumbprint depending on their skill level, all before approaching the ministry to request a work permit.

courtesy : http://www.emirates247.com/

Work permits will not be issued without new contract from 2016

Ministry to refuse work permits without signed unified contracts starting 2016

Dubai: Residents cannot renew their work permits nor will they be issued new permits if an employer fails to provide a signed unified contract starting 2016, the Ministry of Labour revealed on Tuesday.

The unified labour contract, to be implemented from January 1, standardizes employment terms, making them more transparent. The contract is expected to improve regulation and transparency of the UAE labour market.

The contract was drafted by the Ministry as part of the three new decrees, which are aimed at enhancing the UAE labour market conditions and consolidating the contractual nature of labour relations.

All employees across the country will be presented with a unified, standard, employment offer that contains clear and enforceable terms and conditions of employment, prior to the worker’s entry into the UAE.

The contract will need to be signed by both the employer and the worker.

Humaid Bin Deemas Al Suwaidi, Assistant Undersecretary for Labour Affairs, said, “The new measures implement three new decrees issued by Saqr Ghobash, Minister of Labour, recently with regards to regulating the labour market, starting by unifying a contracts model approved by the ministry for all labour relations.”

During a meeting held in Abu Dhabi, attended by 300 employers and government relations representatives, Bin Deemas reviewed the new measures the ministry is implementing to ease the process of extracting work permits for employees coming from outside or those residing in the country, while maintaining rights of both sides.

Labour Mobility

Bin Deemas pointed out that the new procedures of recruiting foreign workers from outside the country on a two-year work visa goes through three stages.

Firstly, the employer applies for quota regardless of the number of workers recruited, the second demands printing the offer letter handed to the worker containing a comprehensive description of their rights and duties, terms and conditions, through “Tas’heel” service centres or through the ‘MoLApp’ smartphone application.

“Furthermore, within the second phase, employers should electronically sign a job offer, send it to the worker regardless of their location — whether electronically to the worker himself or through an employment agency. If he accepts the terms and conditions, he then signs it (those who fall in the first, second and third occupational levels) or [put a] fingerprint (for workers in lower work levels),” Bin Deemas said.

The offer letter will be in both Arabic and English in addition to a third language that the worker understands, which can be available on the ministry’s website ‘www.mol.gov.ae’ containing comprehensive details of terms, regulations and labour laws. Bin Deemas said that “each worker can review their work contract through the ministry’s website after registering on the site using the passport number, nationality and transaction number as each has its own code.

During the final stage (the work permit extraction), employers attach the signed offers by the worker for initial approval, where the ministry works on reviewing the application to make sure it meets all the requirements and then issues the permit, which allows the worker to come to the country.

“Employers face a 14-day deadline to complete signature procedures following the worker’s entry into the UAE, if the worker complains of any delays then the ministry will allow him to seek a new offer,” he said.

“The electronic system of the ministry will not allow new job offers for workers following the initial approval stages, and replacing work permits will be treated according to specific procedures…,” he said.

Under the new measures, Bin Deemas pointed out that “it’s not mandatory to include a medical report with job offers, especially as today we are electronically linked with the public administrations of Residency and Foreigners Affairs, which does not issue workers with a residence visa with medical report.”

Referring to the contracts renewal process, Bin Deemas said that the worker’s signature is also a prerequisite for the ministry, as it grants workers a free will whether to renew the contract after accepting highlighted privileges and requirements or simply chose to end the relationship and find a better offer or move back home, something that establishes a healthy working relationship ending misunderstanding between both parties.

Courtsey : Gulf News

New UAE labour law for terminating employees, new contracts

Law to be enforced in 2016; Aims to regulate relations between employers and workers.

The UAE intends to enforce a new labour law at the start of 2016 to better regulate the relationship between employers and workers and curb violations to ensure both parties will get their rights, the press reported on Tuesday.

The new law includes three main rules governing labour contracts for workers from abroad, terminating contracts between the employers and workers and the issuance of a new work permit to a resident worker.

“These rules will take the labour market to a new stage based on a strong and balanced relationship between all parties and on agreement and transparency in contracting to guarantee the rights of all parties,” Labour Minister Saqr Gobash said.

The first rule in the law, published by the Dubai-based Arabic language daily ‘Emarat Al Youm’, requires the employer to issue a “clear and detailed” contract for the foreign workers to be brought from abroad, including all duties and rights for the two parties, job terms and other requirements in a language understood by the worker.

The contract must be signed by the worker before it is submitted to the labour ministry for the issuance of a work permit, which must not be altered at any stage.

“The same measures apply to workers who reside in the UAE. In this case, the employer must also get the worker’s signature,” it said.

Contract termination

The second rule, which governs contract termination, includes an agreement by the employer and the worker to end their two-year contract.

Another case includes a decision by the employer to terminate the contract before it expires.
In this case, the employer must give at least one month notice to the worker and pay the worker all dues during that period.

“The notice period must also not exceed three months and must be agreed by both parties,” it said.

The new rule also governs cases in which the employer or the worker terminates the contract without abiding by the legal procedures.

Another case involves a decision by the employer to terminate the worker’s services for committing offences including assaulting or insulting the employer.

Regarding unspecified contracts, the employer seeking to terminate a worker’s contract must also give a notice of not less than one month and not exceeding three months.

“In all contract termination cases, any party has the right to go to court to seek compensation and any other rights,” it said.

Under the new rule, the work contract is considered null if the employer is found to have violated the law including failure to pay the worker for two months.

In case a worker could not start his job because of the closure of the company, the labour ministry will send inspectors to check the company’s status before issuing a decision within two months.

As for cases considered by the labour court at the ministry, it will issue a final decision forcing the employer to pay the worker two months’ salary or to compensate him for service termination or depriving workers from end of service benefits.

New job contracts

The new rules also cover new job contracts to workers whose contracts have expired or terminated by an agreement between the employer and the worker provided the worker has completed at last six months with his employer.

According to ‘Emarat Al Youm’, the new law specified three cases involving termination of work contracts.

They include agreement by both parties provided the worker has spent at least six months with the employer, termination of the contract by either party for some reason, and termination of the contract by the employer without reason.

The new law allows the issuance of a new work permit in cases where the employer is found to have violated his commitments, including failure to pay workers for two months, a complaint by the worker that he is not able to start his job because of the company’s closure, and a labour dispute at the ministry’s court.

Ministerial decisions 764, 765 and 766 aim to improve labour relations based on sponsorship.

Source : http://www.emirates247.com/

Know the Law: When, why UAE employer can withhold your gratuity

images (3)

There are areas where employer can build case for not paying employee in service for more than one year: legal experts.

The UAE labour law dictates that gratuity or end-of-service benefits are payable to employees who have completed one year or more in continuous service.

Despite meeting that criterion, there are a few clauses that can keep an employee from receiving the payment.

The first most obvious clause is less than a year of service, which is common knowledge.

“Where an employee is engaged under an unlimited term contract, no end-of-service gratuity (ESG) will be payable where the employee has been continuously employed for less than one year,” Jamie Liddington, Head of employment at Hadef & Partners, told this website.images (2)

There are other areas as well where the employer can build his case for not paying the employee despite being in service for more than one year.

It’s also important to understand some core points of difference when it comes to gratuity for those under a limited or unlimited contract, and here are the scenarios that can keep you away from getting your gratuity amount in your bank account.

According to Liddington, those under unlimited term contract may have to skip this amount if s/he “has been continuously employed for more than one year but resigns without providing the minimum period of notice required under the contract and without reasonable grounds to show that [firstly] the employer had, at the time of the resignation, failed to honour his contractual obligations to the employee or [secondly] he was assaulted by the employer or his employer’s legal representative.”

Then, there is a list under article 120, which employees should be aware of when it comes to gratuity entitlements.

Speaking to Emirates 24|7, Sara Khoja, Partner at law firm Clyde & Co says: “An employee who is terminated under article 120 of the Federal Labour Law, Law no 8 of 1980, is not entitled to end -of-service gratuitimagesy benefit or notice.”

Another scenario when the gratuity payment can be withheld is when “the employee has been continuously employed for more than one year but the employee’s employment is terminated for a reason set out under Articles 88 or 120 of the Labour Law,” states the expert at Hadef & Partners.

Khoja explains the clauses in article 120, under which gratuity will not be paid.

These include:

• Termination during probation or on its expiry.

• If the worker has adopted a false identity or nationality or submitted forged certificates or documents.

• If a worker makes a mistake causing substantial material loss to the employer provided the employer notifies the relevant labour department within 48 hours of the accident.

• If the worker disobeys instructions regarding industrial safety or the safety of the workplace provided the instructions have been issued in writing and are posted conspicuously in the workplace in a language accessible to the employee or explained to him orally.

• If the worker does not perform his basic duties under the contract and persists in violating these despite being investigated and receiving a written warning notifying him of termination in the event of repeat offences.

• If the worker reveals his employer’s trade or business secrets or confidential information.

• If the worker is finally sentenced by a competent court for an offence involving honour, honesty or public morals.

• If the worker is drunk or under the influence of an illegal drug during work.

• If while working the worker assaults the employer or his manager or a colleague.

• If the worker is absent from work without a valid reason for more than 20 non-consecutive days or more than 7 consecutive days.

Those working in another company without getting set approvals from the employer can also jepoardise their gratuity.

“Article 88 concerns working for another employer (without permission) during a period of annual or sick leave,” says Liddington, and this can lead to problems for the employee.

In cases where an employee is engaged under a limited or fixed term contract, “no ESG will be payable where the employee resigns before completing five years of continuous service unless he can show that (i) the employer had, at the time of the resignation, failed to honour his contractual obligations to the employee or (ii) he was assaulted by the employer or his legal employer’s legal representative,” he explains.

As per Khoja, those engaged on an unlimited term contract may get a reduced amount if the minimum term is completed.

If an employee “resigns in the first five years of employment, the end of service gratuity entitlement is reduced to 1/3rd if the employee has between 1 and 3 years of service and to 2/3rd if the employee has between 3 and 5 years of service. The employee may resign without suffering any reduction in gratuity if he has 5 years of service or more.

“If an employee is engaged on a fixed term contract then he must complete the duration of the term in order to be entitled to gratuity. If he has 5 years or more of service then he can resign without completing the term of his fixed term contract and will still be entitled to end of service gratuity,” she adds.

The above information is relevant for UAE onshore companies and not those domiciled in the DIFC, which has a different employment law – Law No 4 of 2005 as amended.

courtsey: Emirates 24/7

Can the company I work with sponsor my sister-in-law? Is it okay if I ask my employer to sponsor my sister-in-law and to secure the necessary employment visa for her to work in Dubai?

Either the company in which the reader works may apply for a visit or residence visa for the questioner’s sister-in-law, or the questioner himself may ask the Department of Naturalisation and Residence to issue a visit visa for his sister-in-law after meeting the conditions requested by the Department of Naturalisation and Residence in Abu Dhabi in this regard.

Content Protected Using Blog Protector By: PcDrome.
Popups Powered By : XYZScripts.com
fap turbo reviews
twitter-widget