Avatar for sonukatha
sonukatha
Rating: 77
Member since: 2007-04-18
Feeds: 6
Share |
Subscribe: Dubai Visa Rules and Procedures
UAE Visa Rules and Procedures http://uaelabourlaw.blogspot.com/feeds/posts/default
Added By: sonukatha Feedage Grade A rated
Language: English
Tags:
card  company  contract  dubai  emirates  labour  law  ministry  new  registration  residence  salary  service  uae  visa  year 
Rate this Feed
Rating: 2.8 starRating: 2.8 starRate this feedRate this feedRate this feed
Rate this feed 1 starRate this feed 2 starRate this feed 3 starRate this feed 4 starRate this feed 5 star

Comments (4)

Feed Details and Statistics Feed Statistics
Sponsored Links:
Preview: Dubai Visa Rules and Procedures

UAE Visa Rules and Procedures



This site will help you to find the Visa rules and procedures prevailing in UAE ,Labour Law UAE ,Company Law and procedure for obtaining various types of visas- Resident visa, visit visa, parent visa, maid visa, mission visa etc to enter Dubai and other E



Updated: 2012-02-09T17:35:36.977+04:00

 



Dubai maids’ salaries double even as family incomes stagnate

2012-02-07T11:39:21.551+04:00

Despite the financial woes of many residents in Dubai since the economic slowdown began in 2009, salaries of maids in the city have doubled.Residents of the city complain that there have been no hikes in the past few years but the situation is very different in their homes.The asking rates of maids these days are much higher than what is set by their respective consulates.Recommended salaries for Indian maids is Dh1,100 as advised by the Indian Embassy, while new regulations from the Philippines say the minimum salary should be Dh1,400.As per the Sri Lankan embassy, the minimum salary for Sri Lankan maids is Dh825.However, the reality is different say residents.Maids in New Dubai are far more expensive than this and nearly all of them ask for a hike every year, complain residents.“I have more than doubled my maid’s salary in the last four years. While recession has seen us cut back costs on a lot of things, this is one cost that has escalated year-on-year,” Charlene Saldanha, an Indian resident living in the popular The Springs area told .“The average cost of a maid in my household per annum is around Dh30,000. This includes the salary, the visa fee, medical costs, food, toiletries and airfare to home country,” she added.Besides this, getting a maid from an agency adds to the overall burden. “The costs involved in hiring a new maid are exorbitant. The agency fee or the cost of finding a new maid, the cost of bringing her here, and to top it all, the fee we have to pay to the government, make it a huge burden.“In the case of an existing maid, the government fee, medical and the increase in salary to retain the maid per annum are equally huge. So, all this takes a toll on the family income that has not seen any increase since [2009] recession,” she said.“I got a maid from Sri Lanka in 2009 for Dh700. Since then I’ve never got a pay hike and lost my job once. I was lucky enough that I found another one in three months’ time. I’ve changed my child’s school so that I save on the fee but my maid’s salary has gone up to Dh1,400, exactly a 100 per cent jump,” said another resident.Popular forums are full of residents complaining that they don’t know how much of a hike would be termed fair enough.Many believe that the problem is more acute where both the spouses work and have a child at home. Residents also claim that an increase in salary does not result into better work.“High salary does not always equate to better performance. I have learned the hard way with this one. I believe it's better to pay a housemaid at a fair/reasonable monthly salary ranging between Dh 1,500-1,800 a month based on experience.“Obviously, one has to pay more if they have worked for you longer, have many children, larger houses, if the maids drive, etc. If they work hard, put in extra hours and babysit, then pay them a little bonus each month.“I do this with my maid and she is so thrilled. I reward her hard work when I can. In other words, compensate extra work and initiative in that month. This prevents them from getting too comfortable in a base salary and gives them a reason to work hard,” writes a resident on the forum.Another point of contention is that Western expats in the city pay their maids a lot more than other expats, which sets the market trend.“Please bear in mind that Dh2,000 or even Dh1,500 is not the market rate. [It is much less]. These are salaries paid mostly by Western expats and the majority of the UAE population is not Western expats,” companied a pink-bunny on the forum.“I pay significantly more than Dh2,000. However, at the time of renewing the contract she started telling me about her friends who earn Dh4,000. I made it very clear that I was not interested in what her friends earned.“I did not think it was anyone else's business what she earned and that was between her and me. I don’t think she should be going round discussing it. She knew and I knew that she was earning well over market rate. If she wasn't satisfied and wanted to look for other work I would be disappointed but[...]



Gratuity should be calculated on basic salary

2012-02-07T11:23:03.323+04:00

(image) End-of-service gratuity should be calculated on the basis of the basic salary as per the employment contract signed between the employer and employee, the Ministry of Labour said.

According to the ministry, if the basic salary is not clearly stated in the employment contract, gratuity should be calculated on the basis of the last salary paid to the employee, as quoted by Dubai-based Arabic daily newspaper Emarat Al Youm.

Humaid bin Dimas, Executive Director for Labour Affairs, said “the basic wage in the employment contract should be written with the consent of the employee.”

Bin Dimas said end of service gratuity should be calculated on the basis of gross salary if the employment contract is not clear about basic salary.

The ministry expressed its view in response to demands of employees in private firms to calculate end of service gratuity on the basis of the total, rather than basic, salary.

Bin Dimas said: “When an employee signs an employment contract, he implicitly accepts the amount fixed in the contract as the basis for calculating end-of-service gratuity.”

Employees of private companies requested the Ministry of Labour to pass a law calling for calculating end of service gratuity on the basis of total salary because employers often keep basic salary low to take unfair advantage of the law while paying gratuity.

Some said it would be fair if the basic wage is calculated at 60 per cent of total salary.

Rami, who works in an insurance company with a total monthly salary of Dh7,000 said his basic wage in the employment contract is Dh700.

He said he was forced to sign the contract because there was no other alternative.”

Rami urged the MoL to specify 60 per cent of the total salary as the minimum basic salary, especially as the law requires the employee to work for five years in the same company to get gratuity of one month’s basic salary for each year worked.

Mohammed Wanoos, who works in a contracting company, said the UAE regulations allows the worker to stay an extra month after the end of the employment contract, but asked how he could live for a month when the gratuity is enough for only a few days.

Wanoos urged the Ministry of Labour to calculate the end of service benefits on the basis of total salary or determine the ratio of basic wage to full salary.

He said he got Dh1,500 as end-of-service gratuity after he worked for three years in the same company despite a total salary of about Dh7,000 a month.

Bin Dimas said “the UAE’s Federal Labour Law mentions both basic salary and allowance but does not indicate their proportion to each other.

He added that the MoL asks employers to update employee contracts.

He added that the employment contract is signed with the mutual consent of the employer and employee.

The employee knows before signing the contract details of his salary and end-of-service benefits.




EIDA Registration Process

2012-02-05T11:23:35.057+04:00

Registration for the First TimeStep 1:Fill in the e-form at any Emirates ID authorized typing centers or online (coming soon).(ID card applicant is not required to attend to the typing center in person).Step 2:Upon filling in the e-form, the customer will receive an SMS setting the date and place of registration.Step 3:On receiving the SMS, the customer heads for the Service Point stated in the SMS.(Children under 15 are not required to go to Emirates ID Service Points) Required Documents: UAE Nationals: Original valid passportOriginal family book GCC Nationals: Original valid passportUAE residence document (valid employment certificate, real estate lease or ownership contract, commercial license, school registration certificate, certificate of dependency, valid marriage contract or an employment card) Residents: Original valid passportResidence or entry visa Children below 15: Documents required for each groupColored passport-size (4।5 x 3।5 cm) photo with white background Registration Fees:Fees of registration and card issuance as of September 29, 2011:Issuance and renewal of ID card for UAE citizens and GCC nationals (five years AED 100Issuance and renewal of ID card for residents (for each year of residence) AED 100Issuance of a replacement for the damaged or lost card AED 300Change of details that require issuing a new card (The updated card expires on the same date as the old one) AED 150Application of a mobile vehicle (for individuals, single family, for one day) AED 1000Issuance and Renewal of card (Urgent Service) AED 150•The above fees apply to all age groups. •People exempted from fees (people under the Social Security Code – People with disabilities and autism). •Services not included in fees exemption are mobile vehicle service and urgent service. Registration Delay Fees for All people in the UAE Delay in registration or issuance of the ID Card AED 20 per day, Maximum AED 1000Delay in renewing the ID Card (30 days after expiry date) Delay in reporting any change in the details (30 days after the change date) Dates of applying delay feesNovember1,2011 UAE NationalsDecember1,2011 Government and semi-government employees (Federal and Local)December1,2011 Residents of the following Northern Emirates (Umm Al-Quwain, Al-Fujairah, Raas Al-Khaimah and Ajman).February1,2012 Sharjah ResidentsApril 1, 2012 Abu Dhabi ResidentsJune 1, 2012 Dubai Residents•The residents of Abu Dhabi, Dubai and Sharjah,with residencies expiring in 2012, will be required to enroll for the ID card along with renewing their residencies•Delay fees will be applied to children below 15 as of October 1, 2012 •The delay charges will apply to expired cards depending on the deadlines communicated for each emirate •It is required to renew the expired ID card within 30 days of its expiration Important Notes for Emirates ID Customers:• Ensure the service required at the Typing Center (new registration, renewal of ID Card or replacement for lost or damaged card). • Should you choose the wrong service, we will contact you to pay due fees. • Ensure that your mobile phone number and PO. Box recorded in the registration form are correct. • The customer can receive his/her ID card through the PO Box or any office of Emirates Post. • Ensure that all data recorded in the e-form is correct. • Visit the typing center to edit your e-form as long as we did not contact you. • Legal fees of typing centers are AED 30. • If any Typing Center charges more than AED 30, please contact us. • In all events, don’t leave your passport at the Typing Center to avoid possible loss. • Failure to visit the Service Point on the given date for two times will cance[...]



EIDA’s fresh warning for card collection delay

2012-02-05T10:47:33.539+04:00

(image) The Emirates National Identity Authority (EIDA) has issued a new warning to applicants who miss the 90-day deadline to collect their national cards, saying the card will be destroyed and holders will be fined Dh300.

EIDA’s director general Ali Al Khoury said those who apply for a new card or renewal of their cards must collect them within three months after they receive the first notification by SMS on their mobile phone, adding that Emirates Post (Empost) normally send six notifications to card holders.

“Cards which are not collected within 90 days from the first notification will be destroyed but that does not mean the applicant’s data will be annulled…they will be retained by EIDA and in this case holders must apply for a replacement,” he told the Sharjah-based Arabic language daily Alkhaleej.

He said a replacement can be issued at registration offices or online by filling a new application for a fee of Dh300.

“We call on all applicants to collect their cards within 90 days from the first notification to avoid having their cards destroyed,” Khoury said.

He said EIDA, which is overseeing a landmark nation-wide ID project, has signed agreement with Empost to deliver cards to all applicants in their respective emirates. “Empost sends six SMS in English and Arabic to the mobile phones of the applicants asking them to come and collect their cards,” he said.

Khoury’s comments follow growing public complaints that cards end up at Empost centres located far from their areas. Others say that a 90-day deadline is not enough as they could be outside the UAE for more than three months.

“Last month, I had to take a day off work to travel nearly an hour outside Abu Dhabi to collect my card…I applied in Abu Dhabi city but Empost informed me my card is in Suweihan, which I have never visited,” Imad Hariri said.

In press remarks last week, EIDA said it is planning to replace the present delivery system with on-the-spot facility that allows holders to receive their renewed cards just after they apply at registration centres.

“Eida has gone a long way in addressing this problem,” Eida Ali Mohammed Al Khoury said after an Authority meeting on Tuesday.

“We are in the process of creating what is termed as decentralised typing centres…four such centres will be set up on a trial basis soon…they will allow applicants to receive their cards within minutes.”



A company cannot increase six-month probation period - UAE Labour Law

2012-02-03T12:20:08.916+04:00

More than 7 months ago I worked in a company on a contract for limited period. After completing six months of service my company terminated my contract saying that this termination is within the probation period as per the company and the company has the right to do so because I did not pass the probation period, and they said I am not entitled to end of service or termination compensation because I did not complete one year in service. I have learnt from the company that the probation as per the company system is for eight months, not six months. Also, I was informed that in accordance with the Labour Law the period of six months is the minimum and maybe agreed to increase it according to the company system and interest. Is this true? What is my legal position in this case as I have signed a letter in this regard and agreed on the probation period which is eight months? What about my termination as per the labour law. Is it within the probation period or after, and what is my right in this regard?
Article no37 of the Federal Labour Law No8 of 1980 states the following. “A worker may be engaged on probation for a period not exceeding six months, during which his service may be terminated by the employer without notice or severance pay: provided that a worker shall not be engaged on probation more than once in the service of any employer. Where a worker successfully completes his period of probation and remains in his job, the said period shall be reckoned towards his period of service”. Therefore, based on this article no agreement shall be made to increase the probation period and the company has violated the labour law because they have terminated the questioner’s limited contract after the probation period and the company must compensate the questioner by paying three months full salary plus other end of service rights.
Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.



You could be signing your own prison sentence if you sign a cheque you can't honour- in UAE

2012-02-01T12:54:23.815+04:00

Recently Gulf news XPRESS published one article about cheque bouncing and this article will some insight about UAE rules so we are publishing the same for our readers Expatriates and Emiratis who are jailed for issuing dud cheques may continue to languish in jail even after completing the prison term - that is, until the debt is cleared, lawyers told XPRESS.There is this mistaken notion held by many that a debtor is freed from his financial liabilities after doing time in jail. The reality is far from it.Ahmad Abdullah, a 48-year-old Emirati, was jailed last year after his general trading business went under and cheques worth several hundred thousands of dirhams he signed bounced. He does not know when he will walk a free man."The problem is after my first cheque bounced, I was jailed for it and I've been unable to do anything about my situation," said the father of six from Al Aweer Central Jail. "So, the other cheques I issued also bounced. It became a domino."Rushdie, a Filipino jailed since 2008 for his inability to pay Dh74,000 in personal loans, said he also does not know when freedom day will come.A dud cheque entails a minimum of one month in jail to a maximum of three years. But Ali, a 50-plus Arab, has been in jail for nine years after being convicted in 2003 in a financial case."UAE law deems it a crime when a cheque is returned due to insufficient funds," said Jafar Al Touq, a lawyer practising in the UAE for 26 years. "Those who think that sitting in jail without paying a loan is a temporary, short-term way out of debt are absolutely wrong. Otherwise, I will also do the same thing - borrow, then stay in jail for a while and keep the money."The process in a bounced cheque goes roughly like this: a customer defaults on a loan or credit card payment, the bank recovery team hounds him and submits his security deposit cheque (which will bounce). The lender then files a criminal case for the bounced cheque and the defaulter gets jail time.Though a subsequent civil case may not necessarily mean the defaulter stays in jail forever, Al Touq said: "He [the borrower] will stay in jail longer [than the original jail term]. It's the system's way of putting pressure on the defaulter. If there's reason to believe fraud has been committed then the judge will put him behind bars longer."Ignorance:But some end up serving long jail terms due to ignorance.The case of Yousuf, a 28-year-old European sentenced to nine years in Dubai, is a classic example of how Article 401 of the UAE Penal Code is applied.Yousuf earned Dh30,000 a month as an accountant for a real estate firm and signed cheques as part of his job.Several parties sued his company after it went bust; one complainant alone demanded Dh5 million back. In February 2011, the Court of Cassation affirmed the lower courts' decision giving him three years for each of three bounced cheques worth millions. Yousuf's day in court involved the judge asking whether he had signed the cheques that bounced - Yousuf admitted they were his signatures."We argued that he signed cheques as part of his job," said his lawyer, Emirati Amer Syed Al Marzouqi. "The problem is that you have this law [that criminalises bounced cheques]."Article 401 states that bouncing cheques is punishable by confinement of one month to three years or a fine of a minimum of Dh1,000 to any individual who, in bad faith, writes a cheque with insufficient funds. Some legal professionals argue that it's harsh and archaic. However, the UAE has now drafted a new insolvency law which aims to address some of these issues. Mazen Boustani, finance and banking law expert for Habib Al Mulla and Co, said: "The UAE has a comprehensive insolvency law. The main challenge concerns security asked by creditors, and post-dated cheques, if not honoured, constitute a crime with a jail sentence. This results in creditors - instead of having recourse to normal insolvency procedures - resorting [...]



Highway training made mandatory for new drivers in Dubai

2012-01-25T11:04:02.691+04:00

Gulf news picture Training to drive on the highway for a minimum of two hours has been made mandatory to obtain a driving licence in Dubai, officials announced yesterday."After passing the road test, drivers will now have to undergo driving lessons along the highway, with trainers beside them, before they are issued a driver's licence," said Ahmad Hashim Behroozian, CEO of the Roads and Transport Authority's (RTA) Licensing Agency."This will ascertain the drivers' ability to cope with the vehicle as well as other vehicles on the road."He was speaking at the launch of the unified curriculum for all driving institutes in Dubai.The unified curriculum for training and qualifying those wishing to obtain driving licences for light motor vehicles has been distributed to all institutes and has been put into effect since the start of this year, he said. Training on the highway is just one of the changes the new curriculum will introduce. Other significant changes include mandatory night driving lessons and lessons on sudden braking in case of emergency situations."It is a complete training package, which takes the learner from attitude development and road safety awareness to vehicle familiarisation, from driving in simple to complex road networks to night driving until finally to freeway driving."At present, every driving school has its own curriculum. "They all cover the major skills but by unifying we have put a structure around the training process and based on this the schools can come up with improvements," Behroozian said.The new curriculum — delivered in Arabic, English and Urdu — has two components. The theoretical component comprises eight basic lectures and videos — including road rules, attitude and accident case studies — which are mandatory for trainees to attend as they cover safety standards and groom them to become able drivers, he said. The practical component comprises five basic stages including emergency braking, parking exercises, night driving and highway driving.No additional costsThe number of mandatory lessons will still continue to be 40 lessons. This way the curriculum will not mean any additional costs for the trainees, Behroozian said, adding that the drivers will benefit from better training at the same cost.The curriculum will follow a systematic progressive teaching method, whereby trainees will have to demonstrate their proficiency before being allowed to progress to the next step.Three specific areas along the highway have been identified by RTA for training drivers, Hussain Al Saffar, Director of Drivers Training and Qualification department at the RTA, told Gulf News.The road connecting the Business Bay crossing to Al Hadiqa Road, Emirates Road from near the Sharjah boundary up to Al Aweer Interchange and Al Aweer road leading towards Hatta are the areas identified."While driving along the highway, trainees will not be assessed because they would already have passed the road test. But the training is a means of managing risk on the highways," he said.Asked if the new curriculum will make it easier or harder for aspiring drivers, Sultan Al Marzouqi, Director of the Drivers Licensing department, said that the RTA's focus is on allowing only safe drivers on the roads."The pass rate at driving tests has more than doubled recently, going from 17 per cent on average between 2008 and 2010 to 30 per cent in 2011. Accidents and deaths have also come down. This means drivers are being trained better," he said.[...]



Expatriates' ID card deadline extended in three emirates

2012-01-21T17:11:58.766+04:00

Residents of Abu Dhabi, Dubai and Sharjah whose residence visa expires this year can register and renew ID cards at the time of renewing their visas. They will be exmpt from fines, said Emirates Identity Authority (Eida).

According to an 'Emarat Al Youm' report, more than 683,000 residents in the three emirates will benefit from the new rule.

Eida had earlier set October 31, 2011, as the deadline for all expatriates in the UAE to renew ID cards. Thereafter, they were required to pay Dh20 fine per day, with a maximum Dh1,000.

The Authority said the decision to reshedule registration deadlines was taken because of the demands from a large section of the population in the three emirates to extend the deadline, especially from unskilled class.

Expatriates in Sharjah are required to register and renew their ID cards before February 1; Abu Dhabi residents before April 1; and those in Dubai before June 1.



UAE nationals advised not to marry foreign women

2012-01-21T16:46:23.240+04:00

The UAE nationals have been advised not to marry foreign women due to social, legal and financial complications which arise following such marriages, said a renowned lawyer.

Speaking at the Noor Dubai Radio, Isa bin Haider, CEO of Bin Haider Advocates & Legal Consultants in the UAE, said a large number of cases are pending before the courts due to such marriages.

He pointed out that the young men marry foreign women not to make family but to get rich. But if the husband's income gets depleted, the foreign wives create problems which lead to court cases.

Bin Haider urged the UAE youths to marry the Emarati women who follow the same traditions and customs as men.

He also advised the young nationals not to make big commitments with regard to alimony at the time of marriage and follow the rules.

He said a decree by His Highness Sheikh Khalifa bin Zayed Al Nahyan, President of the UAE, fixed it at  Dh50,000 which applies only in case of marriages with the Emirati women.

While the marriages of UAE nationals with foreign women will be subject to what was agreed upon in the marriage contract with regard to alimony.

Bin Haider also informed that the second marriages have additional financial burdens such as leading the young men to deeper debt.

He called for dialogues between couples and urged resorting to solving family problems through discussions and listening to other party’s concerns. He emphasised that if husband listens to wife’s grievances, it will help solve a number of family problems and will lead to a happy life.

According to the National Center for Statistics, most of the marriages by UAE nationals with foreign wives end in divorce. For instance, there were 1,798 marriages with foreigners in UAE last year, and 695, or 39 per cent, of these marriages had ended in divorce.



EIDA launches online registration

2012-01-21T16:05:38.867+04:00

Persons applying for a renewal or a new national identity card need no longer to wait in big queues at registration centres as they can now benefit from an online registration service launched on Thursday.

With a click on a few buttons on their personal computer, applicants who have credit cards can now register while at home or office without the need to go through agonizing waiting at packed typing centres.

The Emirates National Identity Authority (EIDA), which is overseeing a nation-wide ID project, said the new services involves new registration, renewal of existing cards, and replacement of lost or damaged cards.

“Applicants can also check the status of their application online…payment can be done by credit card after the applicants register with EIDA website so they can be given a password,” EIDA said in a statement.

EIDA director general Ali Al Khoury said the new service, which is now confined to expatriates, would save time and effort for both the public and registration offices through the UAE.

“It also reduces the Dh70 fee paid by applications to registration offices by 40 per cent…once the applicants finish registration online, they will be given an appointment to go for stamping.”

He said the scores of ID typing and registration centres would continue to operate and serve those who do not wish to register online.



Deportees cannot return to UAE without Interior Ministry’s permission

2012-01-21T16:00:19.690+04:00

Expatriates deported from the UAE cannot return to the country, unless they have a judicial or administrative ruling or special permission from the Ministry of Interior.

This is in accordance with a new legal principle, issued by the Dubai Court of Cassation. A visit visa or a residence permit issued by the General Department for Residency and Foreigners Affairs (DGDRFA) stands void if there is no permission of the Interior Minister, the court ruled.

The principles were issued when the court considered the appeal of a foreign woman, who was fined Dh10,000 and was deported.

The Dubai Public Prosecution referred the woman for trial as she entered the UAE without the permission of the Interior Minister.

The Court of First Instance heard the case and fined her Dh10,000 to be followed by deportation. But the woman took the case to the Appeals Court, which upheld the ruling.

Unsatisfied by the two verdicts, she then moved the Court of Cassation, which issued the above principles.

The woman’s argument was that she had a residence visa and is sponsored by her Emirati husband.

But the Court of Cassation rejected her clarifications stating that Interior Ministry’s data as well as her fingerprints confirm the fact that she had been previously deported from the UAE under charges of prostitution. And that she later returned on a visit visa and then changed status to residence visa under the sponsorship of her husband. This, the court ruled, is in violation of the legal rule as well as the Interior Minister's decision.

The Court of Cassation based its ruling on Federal Law No. 6 of 1973, as amended by Law No. 13 of 1996 on entry and residence of foreigners.



Dubai urged to link visa to traffic record

2012-01-21T15:53:56.396+04:00

Dubai’s traffic police chief has suggested linking residence visa for expatriates to their traffic record within an ongoing campaign to curb road accidents and attain a zero death target in 2020.

Major General Mohammed Saif al Zafin also revealed the emirate is considering raising the penalty for using the mobile phone while driving, saying the present Dh200 fine is not a sufficient deterrent.

“There is a need to link the issuance of residence visas to the traffic record of expatriates in order to push some groups who top the list of offenders to abide by traffic laws in the emirate,” he said.

“Introducing stiffer penalties and then linking them to residence visas will have a great effect on drivers’ compliance and on reducing road accidents and deaths…the police do not at all want to harm any people in their livelihood but only want to ensure they respect the law.”

Speaking at a seminar on mobile phone use in cars held in Dubai on Thursday, Zafin referred to a recent traffic police report that Pakistanis top the list of road accident causers, adding that there should be measures to deter them. He also proposed cutting the extra speed limit for motorists.

“I believe the 20 km extra speed limited allowed in Dubai is exaggerated and must be reduced to 10 km,” he said.

“The speed limits in some Dubai streets are not compatible with those roads and should be either raised or reduced depending on the nature of the road.”

Speaking about mobile phone use in cars, Zafin said Dubai is considering raising the current fine on the grounds it does not deter drivers.

“The Dubai traffic department is looking forward to increasing the current Dh200 fine for using mobile phones while driving because this fine does not provide enough deterrent to drivers,” he said.

He noted that motorists can use mobile phones while stopping at red lights but added they must end it once the signal turns green.



Failure to register rent contract with Ejari result in fines for tenants from 2012

2011-12-27T09:54:44.107+04:00

Registration of rental contracts with the Dubai Land Department (DLD) will soon become a pre-requisite to accessing other government services, according to a top property regulator.The Land Department and its regulatory body — the Real Estate Regulatory Agency (Rera) — has been trying to implement the system through a registration portal — Ejari.com.The move will help the government to monitor the property market and offer better insights through its rental index while ensuring all tenants pay their housing fees regularly. Currently, these contracts are processed by the landlords. The rental data fed into the system is used to calculate the housing fees that are included on utility bills.Registration of residential and commercial lease contracts through Ejari is mandatory and failure to comply may lead to a penalty, Gulf News has learnt. A Dh160 fee is chargeable to register a lease agreement with Ejari. The fee is payable by either party to the agreement.The Ejari registration will be mandatory to obtain utility services. If the contract is not registered, transactions could be delayed at several government departments, principally the Dubai Economic Department and the Residence and Foreign Affairs Department.Trends indicated by the Ejari data will be reflected in the rental index and will have a crucial role in updating it. Information about rental levels in specific areas, the demographic base and the kinds of property formats in favour can also be found."The decision is effective on every new contract to be signed in 2012; however, Rera is prepared to allow individual tenants with existing contracts to wait until these are due for renewal before seeking registration," Bin Ghulaita added."This regulation was announced a year ago and notices were sent out to parties concerned that the new rule would be effective by 2012. The Department will not accept any contract unless it is registered with Ejari."According to the Rera, the rule applies to landlords and tenants in Dubai, real estate companies entrusted with the management of realty projects on behalf of others, as well as official agents of owners of commercial complexes and shopping centres.[...]



Electronic images of cheques can be used as proof before UAE courts of law

2011-12-27T09:44:25.877+04:00

The UAE Central Bank said yesterday that it had obtained a decision by the Ministerial Council for Services to include images of cheques sent to the Central Bank electronically, among tools that are subject to the provisions of Federal Law No. (1) of 2006 concerning electronic transactions and commerce, and as document of proof before the UAE courts of law.The decision based on the text of Article 2.3 of the law, also said electronic images can be accepted provided that the original cheques are kept with banks for cheque forgery case proceedings, as needed."Therefore, it has been decided to stop the sorting and exchange process of physical cheques at the Central Bank in Abu Dhabi and Dubai, starting from 29 February 2012," said a circular sent to all banks operating in the UAE.Image cheque clearance system (ICCS) member banks have to keep the original cheques deposited with them for collection and stamp them with the following statement, before sending the cheque's images electronically to the Image Cheque Clearing System, said the circular: "True copy of cheque deposited with [xxxx] that undertakes to present it upon request."The enhancement of the electronic image cheque clearing procedures will cut costs relating to cheque clearing and improve collection time.The Central Bank also asked all banks to comply with the above requirements, keep the original cheques deposited with them for the legally binding period and present them upon request, starting from February 29.The Central Bank said it is constantly endeavouring to develop and enhance services provided to banks and other financial institutions operating in the UAE. [...]



Seatbelts mandatory for rear seat passengers in Dubai

2011-12-22T15:41:34.624+04:00

The General Department of Traffic of Dubai Police has prepared a new Bill which, once approved, will make it mandatory for rear passengers in vehicles to wear seat belts, according to Arabic dailies this morning.

The proposal says it will be the driver’s responsibility to ensure that all passengers in a vehicle are buckled up, and in the event of failing to do so, the driver may be fined.

Lt. General Engineer Mohammed Saif Al Zaffin said the proposal was made based on accidents in which rear passengers could have avoided injuries or even deaths had they been wearing seatbelts.

He added that the Police found that the risk for children sitting in the back seat doubled because they rarely buckle up, with their parents believing that sitting in the rear would automatically protect them in case of an accident.

He stressed that the draft law imposed on the driver to oblige the passengers sitting in the back seat to harness seat belts, and in case of a failure to do so, he will be subject to violation.



Dubai link residence visas to Emirates Identity Cards from April 1, 2012.

2011-12-15T10:52:29.935+04:00

Emirates Identity Authority (Eida) has announced that Dubai will link residence visas to Emirates Identity Cards from April 1, 2012.

ID card link to visas in Dubai will be compulsory from from April next year, said Eida, adding that the procedure will be co-ordination with the General Department of Residency and Naturalisation.

Eida stressed that ID card registration is mandatory for issuing and renewing residence visas in Abu Dhabi, Sharjah, Ajman, Fujairah, Umm Al Quwain and Ras Al Khaimah.

Meanwhile, the authority also said that it will open six more registration centres at the preventive medicine centres this month in Abu Dhabi, Dubai, Ajman, Ras Al Khaimah, according to an 'Al Khaleej' report.

The UAE will have a total of 26 registration centres by the year-end with the new additions. The new centres will be distributed in Ajman and Ras Al Khaimah, while in Dubai they will be located at Al Quoz, Satwa and Jafza. In Abu Dhabi the new centre will be located at Al Jazira.

Eida added that the centre in Al Quoz, Dubai can register about 700 people a day; the one in Satwa can register 1,000 people a day and 250 people can be handled at the Jafza centre.




No job ban for expats on Husband visa

2011-12-14T15:03:10.385+04:00

The UAE does not impose a work ban on expatriate employees sponsored by their relatives in case they want to shift to another job, according to the ministry of labour.

A ministry committee discussed several applications for job transfer and exemption of the six-months and one-year ban for some workers at its weekly open-day meeting .

One application was submitted by a female pharmacist who wants to be sponsored by her husband after the pharmacy where she had worked shut down, according to Alkhaleej newspaper.

The committee told the applicant she can get a new job after transferring visa to her husband and obtaining clearance from the former employer, the paper said.

“The committee made clear that the labour law allows a woman sponsored by her husband to shift to another job without having a work ban because a ban is not applicable on those who are sponsored by their relatives.”



Re-Entry certificate to UAE-if absent for 6 months or more

2011-12-13T13:16:36.775+04:00

Can I bring my daughter studying in a University in India to UAE even after her stay in India is more than 6 months?
She is having a residence Visa in Abu dhab.
Can she come if she shows her Student ID card.?

Answer:   

No Residence Visa holder is allowed to stay more than six (6) months out of UAE. A Residence Visa holder staying more than six (6) consecutive months out of UAE, his/her Residence Visa will become null and void. However, if the Residence Visa is valid, the client may submit a request for a Re-Entry Permit. Before completing her 6 month stay in India, you must approch the immigration department and submitt application for extending her stay.



Filipino workers returning to Philippines during holiday season advised to secure travel exit clearances from Philippine missions in the UAE

2011-12-13T10:33:41.958+04:00

Dubai: As per Gulf news report, Overseas Filipino workers (OFWs) returning to the Philippines during the holiday season are advised to secure travel exit clearances from the Philippine missions in the UAE ahead of their scheduled departure to avoid hassles during their trip, a diplomatic official said."They should apply for the overseas employment certificate [OEC] before leaving the UAE to save them time and to avoid hassles and delays at Manila airports," Philippine Labour Attache Nasser Munder told Gulf News.The OEC or the travel exit clearance is a document that proves that a returning OFW is in the Philippines for a holiday and intends to go back to the same employer abroad. Manila airport officials will not allow OFWs to return to their jobs abroad without the said document.Task force formedAs the month of December is considered the ‘peak season' for returning OFWs, the Philippine Overseas Employment Administration (POEA) in Manila formed a task force earlier this month in anticipation of the arrival of thousands of OFWs who will spend the holiday season in the country.OFWs in Manila usually begin queueing at the POEA main office as early as 4 am to get their OECs. Processing could take days and would sometimes need courier service for an additional fee. To avoid the long queues, returning overseas workers may apply for their OECs for a Dh10 fee at the Philippine Overseas Labour Offices in Abu Dhabi and Dubai."If the OFW brings all the necessary documents with him, he can get the OEC in a matter of minutes," Munder said.Presenting an OEC at Manila airports exempts OFWs from paying travel tax and terminal fees, he added.What you need·         Photocopy of passport with residence visa stamp.·         Filled-in application form.·         Additional documents for domestic helps and private drivers:·         Copy of employment contract with sponsor's signature.[...]



Immigration Ban in UAE

2011-12-12T13:24:09.900+04:00

With the exception of UAE nationals, all other residents require permission from the UAE government to live in  UAE.All non-Emirati require work permits to be employed in Dubai and UAE. They may be subjected to a work visa or entry visa. Ban depending on who they are and what they had been doing when in Dubai or UAE. An immigration ban means you cannot enter the UAE, whether as a visitor or for residency. Other bans can arise if you have been convicted of a criminal offence while in the UAE. Common offences that many expats get into trouble with are bad debts, bounced checks, drinking and driving, drunk in public, inappropriate relationships. Of course, more severe offences such as theft, violence, rape, murder etc will also result in an immigration ban but not so many expats indulge in these activities, and those that do are not usually so surprised to receive a ban.

An immigration ban can also arise if you have broken the rules related to immigration for example entering the country illegally, working without a work permit, absconding (leaving your job without informing your sponsor / employer), overstaying (this last one is not so likely to be a problem, just expensive when you get your overstaying fine).
Criminal offences usually result in a permanent ban and this is monitored via eye-scanning equipment at airports, so losing your passport and getting a new one won't get you back in to the country.




The draft Companies Law approved by His Highness Shaikh Mohammad Bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai

2011-12-05T11:43:10.222+04:00

Passing the new companies law,Shaikh Mohammed said move shows the government’s approach to enhance theflexibility and the strength of the national economy to keep pace with globaleconomic changes so as to maintain a steady and balanced growth pattern in alleconomic sectors in the country.The new companies’ law ispassed as part of the government’s strategic approach to give greaterflexibility to set up various types of companies and strengthen corporategovernance of joint stock companies. It lays down a general framework for thegovernance of public companies to guarantee the rights of all shareholders andto ensure transparency and disclosure of financial data as well as theefficiency and integrity of the Board of Directors.The cabinet also passed anorder restructuring the National Authority for Qualifications under thechairmanship of Labour Minister Saqr bin Ghobash Saeed Ghobash and fiveofficials representing various government departments as its members.The cabinet also passed a lawregulating the work of experts in the courts of law in the country. The cabinetalso ratified a number of international agreements and budgets of some federalagencies. The new companies law iswidely expected to  allow foreigners orforeign companies to own 100 per cent of their businesses in the UAE in somesectors. It has been under consideration for several years nowUnder the prevailing law,foreign ownership of businesses in the UAE is limited to a maximum 49 per centas nationals own 51 per cent. The current 49-51-equity law is applicable to allnationalities except those from within the GCC countries. At present,foreigners are given full business ownership rights in free zones across theUAE.Also in the pipeline is legislationaimed at protecting foreign investments in the UAE.Analysts believe that suchbold reforms will help attract foreign direct investments and bigmultinationals to the UAE mainland instead of to certain free zones where theyare currently confined.The proposed law on foreigninvestment will address a key investor concern about protection againstcontract disputes and other legal issues.It will further enhance theUAE’s position in the global competitiveness ranking by the World Economic Forum,analysts said.  Sultan Al Mansouri, Minister of Economy, saidthe new companies' law issued by the cabinet today contributes to enhance thecompetitiveness of the national economy at all local, regional andinternational levels as well as enhance the performance of the businessenvironment and investment climate in the UAE.The Minister pointed to theimportance of being a new law that keep pace with local and global economicdevelopments and supports the economic openness and diversification policies.He also praised the remarkable cooperation of all federal agencies, local andprivate sector that have had a major role in expressing opinions andobservations that enhanced it content and effectiveness to comply withdifferent needs and economic requirements of the UAE. The new law provisions of thelaw are stated as follow: Develop a general framework for corporate governancethat contributes to protecting the rights of shareholders and to achievetransparency and disclosure of financial data and the efficiency and integrityof the Board of Directors.Entrusted to the Registrar ofCompanies at the Ministry of Economy to the task of supervising the record ofbrand names for different types of companies that are registered in anyemirate, in order to avoid repetition among them.Did not identify[...]



Labour ban still making life tough for workers seeking to change jobs in UAE

2011-11-29T15:01:10.383+04:00

Ministry consultant says new rules apply to companies that have closed down or no longer existDubai: Workers have complained that the Ministry of Labour is still asking for approval from sponsors if workers wish to change jobs after two years.Affected workers pointed to the ministry's earlier reforms to the labour law which did away with the need for a sponsor's approval for employees who have been with their sponsors for two continuous years. The workers complained that they were being slapped with one-year ban for failing to secure such approval.The labour rules, which were implemented early this year by the Ministry of Labour, allow workers to switch jobs at the end of their employment contracts without the need for a no-objection certificate.However, Hussain Hussain, a legal consultant at the Ministry of Labour clarified the new rules and said expatriate workers would still receive a one-year ban if they failed to get their sponsor's consent before changing employment."No one is allowed to switch jobs even if they complete many years in their [current job], without the consent of their sponsor," Hussain said.He also said the new law allows workers to change employment in cases such as when the company employing them has closed down and no longer exists."But those workers will be given one-year ban if they do not file a complaint at the Ministry in less than two months after the [closure] of their company."Ahmad Tajul Deen an Indian, employed in Dubai said he been with the same company for six years before the manager fled the country."My colleagues and I went to complain at the ministry after we lost hope that the manager would come back," he said."That happened three months [after the manager] left the country. The ministry stamped a one-year ban on each worker in the company."Ameer, an Afghani PRO for a company in Sharjah, said that he went to apply for a visa for a new employee for his company.Proof of cancellation"I was told that the approval of the previous employer is required and the previous employer should show at the ministry that the visa has been cancelled, otherwise a one-year ban will be [slapped on] the worker," he said.He said the ministry had not changed any rules and added that workers still needed approval of the sponsor to change jobs.    January 1, 2011: New rules allow expatriate workers to seek new employment without a no-objection certificate    The worker should have served out a two-year contract with the company.    A worker with an expired contract can obtain a new work permit and shift to another employer without the passing of the six-month period and consent of his sponsor.    The resolution says new employment permit will only be granted to the worker after the end of his work relationship amicably with his employer.[...]



Dubai to enforce Dh50, 000 fines to end menace of illegal maids- Maids convicted first time deported for a year; Repeat offenders will get jail

2011-11-28T10:37:15.667+04:00


Domestic help must besponsored by their recruiters, according to a top DNRD (Department ofNaturalisation and Residency Dubai) official.
Similarly, employers hiringworkers who are not on their sponsorships will face Dh50,000 fine, he added.
Judge Ali Humaid bin Khatam,Head, Court of Naturalisation and Residency, said at least 70 per cent casespending with the departments prosecution involves those of housemaids.
Some of them are also believedto have entered the country illegally and a few others have been overstayingtheir visa periods.
Out of the 3,478 defendantsbrought to trial between June and October this year, 2,434 were housemaids.About 1,217 people are on trail for recruiting 'absconding maids', said BinKhatam.
First-time offenders includingabsconders will be fined and deported for a year after serving their jailterms. They can return to seek work in the emirate. However, repeated offenderswill be permanently deported from the country and can return only with aspecial permission from the Ministry of Interior.
Citing cases that appearedbefore the prosecution, Bin Khatam said one case involved an Arab woman whoallegedly accused her maid of stealing. Investigations revealed she had hiredthe help illegally and that she was not under her sponsorship. Therefore, ifconvicted, the Arab woman would be fined Dh50,000 while the maid would bedeported after serving jail term.
Similarly a European was finedDh50,000 for recruiting an 'illegal' maid who inturn was impriosoned for onemonth and later deported, he added.
However, there are also caseswherein househelps are exploited by their owners.



Balcony barbecue’ fine fixed at Dh500 --Trakhees Commences Campaign for Misuse of Balconies and Damage to Buildings Facades

2011-11-28T10:21:23.194+04:00

Trakhees Community ConformanceDivision (CCD), Department of Planning & Development – aims to maintain theaesthetic appearance of residential compounds in particular and of Dubai ingeneral. To ensure the commitment of residents in adhering to the rules andregulations applicable within its jurisdiction, CCD has undertaken a comprehensivecommunity-based awareness campaign among all users of these complexes whichincludes a range of awareness-raising posters and brochures in five languages:Arabic, English, Hindi, Urdu, and Chinese, all containing the followinginstructions: - Do not install satellitedishes on the facades of buildings and balconies- Do not use balconies asplaces of storage for any purpose other than seasonal furniture- Do not shake or hang sheets,clothes or curtains or rugs or mops or laundry on balconies or railings ofhomes- Do not light barbecues onbalconies of apartments The aim of the campaign is toraise awareness in all segments of society, among residents or visitors ofthese complexes by reaching them in their place of residence. The outcome willbe to preserve upscale appearance, which is characteristic of the Emirate ofDubai by reducing the off-putting appearances which adversely impact theoverall aesthetics. The fine for misusing your balcony or damaging the façadeof the building in Trakhees-supervised residential communities will be Dh500per offence.In a statement the authoritysaid initially officers would be warning residents not to misuse theirbalconies, set up barbecues, or fix any satellite dishes, and those failing tofollow the rules will be fined Dh500.Areas under Trakhees’supervision, as per Degree No 22, includes, but not limited to Palm Jumeirah,Jumeirah Heights Jumeirah Village, Jumeirah Lakes Tower, Jebel Ali Downtown,International City, Discovery Gardens.Last week Community Conformance Division (CCD), Department of Planning& Development of Trakhees has informed residents not to fix satellitedishes on the facades or balconies of their buildings; not to use balconies asplaces of storage for any purpose other than seasonal furniture pieces; not tohang sheets, clothes or curtains or rugs or mops or laundry on balconies orrailings of homes and not to have barbecues in their balconies.[...]



Public and private sector to be closed from December 1-3

2011-11-27T13:56:09.790+04:00

The Ministries and public institutions will close on Thursday, December 01, 2011, and resume on Sunday, December 4, according to the circular issued on Friday by Humaid Al Qattami, Minister of Education and Chairman of the Federal Authority for Government Human Resources.According to the circular, the Islamic New Hijri Year 1433 holiday has been moved to Thursday, December 1, as it coincides with the National Day holiday from December 2  to December 3, 2011.Al Qattami congratulated President His Highness Sheikh Khalifa bin Zayed Al Nahyan; His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai; Members of Supreme Council, Their Highnesses Rulers of emirates, UAE people, Arab and Muslim countries, on advent of the new Hijri Year and UAE National Day anniversary.Holidays for private sectorNext Thursday,  December 1, 2011 will be a paid holiday for all workers of the UAE's private sector to mark the Islamic New Hijri Year 1433, the Ministry of Labour said in a statement.The New Hijri year holiday was moved by the Ministry to next Thursday - December 1.Next Saturday December 3, 2011 was also announced by the Ministry as a paid holiday for all workers of the UAE's private sector in celebration of the 40th anniversary of the UAE's National Day, according to the Ministry's statement.The Ministry extended greetings and best wishes to President His Highness Sheikh Khalifa bin Zayed Al Nahyan, His HIghness Sheikh Mohammed bin Rashid Al Maktoum, Vice-President and Prime Minister of the UAE and Ruler of Dubai; Members of Supreme Council, Their Highnesses the Rulers of the emirates, the UAE People and Arab and Muslim countries, on advent of the new Hijri Year and the occasion of the UAE national day.Bank holiday Banks will close their branches on Thursday, December 1, 2011, to mark the 40th anniversary of the UAE National Day as well as the New Islamic Hijri year, the Central Bank of the UAE announced in a notice."Banks are required to ensure that their ATMs are properly stocked with cash at all times," the Central Bank's notice said[...]