A few must-know labour laws for employees in the UAE Wednesday, Jan 9 2008 

With the United Arab Emirates having the status of a popular choice for exploring job opportunities, especially in the Third World countries, there are some labour laws that existing and prospective employees in the country should know. Here’s an overview:

• Federal Labour Law, Article 74 and Article 81: There are some official holidays every employee is entitled to (with full wage). These are:

o One holiday on New Year Day as per the Gregorian calendar
o One holiday on New Year Day as per the Islamic calendar
o Two holidays on Eid Al Fitr
o Three holidays on Eid Al Adha and Arafat Day
o One holiday on the National Day
o One holiday on the Israawal Meraj
o One holiday on Prophet Mohammed’s birthday

If work circumstances compel an employee to work full time or part time on an official holiday, s/he must be compensated with a leave and a compensatory extra 50 percent of the full wage. In the event of non-compliance with this rule, the employee will be paid 150 percent of the basic wage for the work days.

• Federal Labour Law, Article 83: During the probation period, an employee is not entitled to a paid sick leave. After the end of the probation period, if an employee falls ill on completion of more than three months in continuous service, s/he is entitled to continuous or interrupted 90 days’ leave per year.

The salary for the paid sick leave will be calculated on the following basis:

o First 15 days: full wage
o Next 30 days: half wage
o Following period: no pay

Nurses on Visit Visas to UAE can Work Tuesday, Nov 13 2007 

There is a shortage of nurses in both public and private sectors in the UAE. According to a recent announcement by the UAE Ministry of Health, nurses coming to the UAE on visit visas will now be allowed to work here. Such nurses will be permitted to take the nursing examination of the Ministry of Health and take up work in the private sector.

The Ministry of Health is planning to take steps that will encourage more expatriate nurses to join the job front in the UAE. This includes a reduction of the number of years mandatory to serve at public sector institutes after graduation to 2 years.

At present, expatriate nurses are provided free education by the Ministry of Health, but qualified nurses have to work at medical institutions affiliated with the Ministry of Health for at least 3 years.

MoL to Stand by Workers’ Rights in Abu Dhabi Tuesday, Nov 6 2007 

In order to make sure that the labour rights of workers are protected, the Ministry of Labour in the United Arab Emirates government will undertake inspections of work sites and companies. Companies in Abu Dhabi will be inspected by a team of two inspectors each. Around 100 inspectors have been appointed for the task.

Procedures regarding the payment of wages and overtime benefits will also be inspected in order to make sure that companies are complying with labour laws. If a company is found to be violating the labour laws of the country with regard to salary payment or living conditions, strict penalties will be imposed on them. This can amount to downgrading of status, blocking of work permits and a fine of 10,000 AED.

According to Abu Dhabi Naturalization and Residency Department (ADNRD), the inspection drive will be coordinated by the Ministry of Labour and the Ministry of Interior. The MoL has ordered companies in Abu Dhabi to be ready with a study on the status of labourers. This has been done with an aim to ensuring their rights and fixing a minimum wage.

MoL order no. 27/1 (1981) requires employers to provide transportation, suitable housing, food, drinking water and first aid along with sports and recreational facilities to its employees.

Also read on this blog:

• UAE construction sector wages to be reviewed
• The dark underbelly of property boom in UAE
• Human rights protection in the UAE

UAE construction sector wages to be reviewed Monday, Nov 5 2007 

The UAE government has announced a review of workers’ wages in the construction sector, following a series of strikes recently. The Cabinet has ordered a study on the salaries of construction workers. In the next few days, the Labour Ministry of the emirates will be contacting concerned companies in this regard.

The Labour Ministry requires that employers pay salaries without any deduction for any reason whatsoever. The decision of the government to look into the salaries of construction workers comes as a response to strikes by workers against poor living conditions and meagre wages.

At the same time, the government has made it clear that it will not tolerate any violent turn in workers’ protests. Last week acts of vandalism were reported from a few incidents across the emirates.

It is estimated that over 700,000 Asians are construction workers in the UAE. The country already affluent due to its rich oil reserves has been experiencing an economic boom from its real estate sector in recent years. Naturally, construction workers’ unrest has grave consequences for the UAE economy.

The Dark Underbelly of Property Boom in UAE Saturday, Nov 3 2007 

The boom in the property market of Dubai over recent years has cropped up a number of socio-economic issues. The darker side of swanky buildings and high-rise apartments is the ever-widening gulf between the rich and the poor in the emirate. Recent strikes by immigrant workers in the emirates are just one of the many offshoots of the immiscible social inequity.

Majority of construction workers and labourers in the UAE earn a meagre sum of 600-1000 AED per month, which is not even enough to make both ends meet in the region. In stark contrast is the average monthly salary in the emirates that amounts to 10,000 AED. One can very well imagine the anxiety and frustration of thousands of labourers who cannot send money home because they don’t have anything to spare.

Moreover, immigrant workers in the emirates are forced to live in shanty suburbs at the fringes of luxury homes, state of the art artificial islands and avant-garde buildings.

Measures that must be taken immediately:

• Stringent action against employers who impound workers’ passports in order to prevent them from seeking employment elsewhere.
• Stringent action against employers who cheat employees of a part of the pay.
• Ban on working under the scorching summer sun of the Gulf.

The consequences of workers’ discontent can be grave for the development of the emirates. Majority of workforce in the UAE is constituted of expatriates often from developing countries. These poor souls, usually under debts, come to the Gulf with hopes of improving living conditions back home.

With poor living and working conditions on foreign shores and not a penny to spare, no wonder the famed property boom of the region might halt due to shortage of labour.

High time all concerned looked at it from a humanitarian perspective as well.

Amnesty Programme Drawing to a Close Thursday, Aug 30 2007 

The 3 months amnesty period for illegal immigrants in the Emirates ends on September 2, 2007. A campaign to take stringent steps against immigrants who ignored the amnesty drive will follow. So far, around 2,50,000 people have taken advantage of the government’s amnesty programme. Of these, more than 45,000 amnesty seekers are Indian illegal workers in the UAE.

The UAE government has made it clear that the amnesty period will not be extended. However, the government has permitted that those amnesty seekers who are through with the formalities but have been unable to leave the country due to unavailability of air tickets or any other valid reason, have time till November 3, 2007. During this grace period, the illegal immigrants have the option to either regularise their status or leave the country. The grace period is not open to those who chose to obtain a work permit during the 3 month amnesty drive.

Mostly it is the low-wage construction labourers and domestic helpers that overstay their visit after their visas expire. In this wake, the UAE Ministry of Labour and the Ministry of Interior have jointly launched an awareness programme for highlighting the pitfalls of undocumented labour.

Under the Emirates law, expatriates working illegally in the UAE face up to 10 years of rigorous imprisonment which is followed by deportation. Employers of such workers, on the other hand, can face one month imprisonment and a penalty of 50,000 AED.

RAK Businesses to Allow Full Foreign Ownership Thursday, Aug 23 2007 

The UAE government has allowed foreigners to have full ownership of their businesses in many industries across Ras Al Khaimah. Foreigners will now be able to own businesses without having to obtain sponsorship from a UAE citizen. This means that expatriates will register the business licenses in their own name instead of those of the sponsors. However, the expatriate business investor will need a service agent who has to be a UAE national. The name of the service agent will be given at the bottom of the commercial license but s/he will not be responsible for any legality involved. While most of the sectors will execute this regulation, eighteen of them still require the sponsorship of an Emirate citizen.

The new system will boost the economy of Ras Al Khaimah and also give a spur to the number of business projects in the region. Since 2000, the emirate has been having a free trade zone and around 1,430 companies are functional in the region.

The move, which will be implemented from 1st September, is aimed at drawing more foreign investors to the Ras Al Khaimah business sector. It is seen as part of an economic liberalization drive in the emirate.

Human Rights Protection in UAE Saturday, Aug 18 2007 

UAE government is keen on ensuring equal rights to all – be it an Emirati, expatriate or a tourist in the country. It is keen on providing an equal treatment to everyone without any kind of discrimination or prejudice. The constitution of the country has a number of rights and different aspects of freedom that can be enjoyed by its residents and visitors.

Not only this, in an instance of violation of your rights in any manner by a person or institution, whether government or private, you can get a helping hand from a number of places. Here’s an overview:

Illegal Human Trafficking:

I. Anti-human trafficking department of Dubai police

II. National Committee to Combat Human Trafficking
 
Tenant Disputes:

I. Municipality Rent Dispute Committee

Labour Dispute:

I. Labour department in Ajman, Sharjah, Fujairah, Ras Al Khaimah or Umm Al Quwain – for private sector employees

II. Ministry of Labour’s labour dispute section in Dubai

III. Ministry of Labour’s labour dispute section in Abu Dhabi

IV. Dubai Labour Court

V. Permanent Labour Committee hotline

VI. Human Rights Department of Dubai police

VII. Tanmia

Others:

I. Abused Women and Children’s Organization in Dubai and Abu Dhabi

II. Charity foundations of different expatriate communities, e.g. Egyptian community, Indian community, etc.

Immigrant Jobseekers to Furnish HIV/ AIDS Test Reports Thursday, Aug 2 2007 

The UAE government is considering a new policy to make HIV/ AIDS-free certificates compulsory for immigrant jobseekers entering UAE. They will have to furnish medical certificates supporting the fact that they do not carry HIV (Human Immunodeficiency Virus) or suffer from AIDS (Acquired Immuno Deficiency Syndrome). There are plans to implement the said policy in co-ordination with the governments of countries that send labour force to the Emirates.

In addition to these certificates, expatriates will be screened for HIV/ AIDS once again before they are issued work visas in the UAE. This double-check is meant to ensure a reliable screening process. The idea behind this is that some developing nations might not have proper diagnosis and screening facilities and also there might be a forging of the medical documents by unscrupulous recruitment agents and firms.

Official records state that 750 expatriates were found to be HIV carriers in the past one year. Expatriates constitute about 60 percent of the total population in the UAE.