Employees need not pay visa costs

December 23, 2016

Dec 23: I would like to know whether an employee has to pay Dh5,000 as visa charges if for some reason he has to cancel his employment visa after six months of employment. Is there any law in the UAE wherein the employer can ask for the money before cancelling the visa of his employee?

visaPursuant to your queries, it may be advised that where an employee seeks to terminate his employment contract, the employer shall not be legally entitled to receive from the employee, any amount of money against the cost of visa incurred by the employer.

It may also be noted that there are no laws which prescribe that an employee should reimburse the employer towards the visa expenses. Rather it shall be deemed to be in contravention of Article 60 of the Federal Law No 8 of 1980 Re: Regulation of Labour Relations which states:

"No amount of money may be deducted from a worker's wage in respect of private claims, except in the following cases:

1) Repayment of loans or money advances paid to the worker in excess of his entitlements, provided that the amount deducted in this case shall not exceed 10 per cent of his wage.

2) Contributions that the workers are required by law to make from their wages, towards social security and insurance schemes.

3) The worker's contributions to a provident fund or repayment of loans due thereto.

4) Contributions towards any welfare scheme or in respect of any other privileges or services provided by the employer and approved by the labour department.

5) Fines imposed upon the worker for any offence he commits.

6) Any debt exacted in execution of a court ruling, provided, however, that the deduction made in execution thereof should not exceed one-quarter of the wage due to the worker. Where there are several debts or creditors, the maximum deduction shall be half the worker's wage, which shall be divided pro rata among the creditors, after payment of any legal alimony to the extent of one quarter of the worker's wage."

Professions and work ban

I work as an engineer under a limited contract and I have completed only one year with the company. Now I need to quit, but I was informed by the MoL customer care that I will get a six-month ban and that the company can impose a one-year ban which is not removable. Also, I have to pay back 45 days' gross salary to the company in order to start the cancellation procedure even though I gave them 30 days' notice. My designation as per my visa is Electrical Lines Engineer.

It is understood that you are working as an engineer with an entity in the UAE and that you have completed a year of service with this entity and also that your designation as per your visa is mentioned as Electrical Lines Engineer. It is assumed that your employment is subject to provisions of the Federal Law No 8 of 1980 Re: Regulation of Labour Relations (the "Labour Law").

Pursuant to your question, it may be advised that you shall not be liable to face a labour ban if you resign from your job before completion of the contract period. The Labour Law recognises that certain professionals shall be free to change their employment at any point of time.

This is in accordance with Article 2 of the Ministerial Order No (13) of 1991 on 'The organisation of the transfer of sponsorships of non-national labours the rules governing the same' which states:

"Non-national labourers may be allowed to transfer one job to another and hence transfer of their sponsorship if they fall under the following categories:

a) Engineers

b) Doctors, Pharmacists and male and female Nurses

c) Agricultural guides

d) Qualified accountants and account auditors

e) Qualified administrative officials

f) Technician operating on electronic equipment and laboratories

g) Drivers who are licensed to drive heavy vehicles and buses

(in case of transfer of sponsorship from a private firm to another or from a private firm to another or to a government department)."

Further, it may be advised that, since you are working under a limited period contract, in the event you decide to terminate your employment contract, you will have to compensate your employer for the prejudice, by an amount which shall not be more than your 45 days' salary.

This is in accordance with Article 116 of the Labour Law which states as follows:

"Where a contract is revoked for reasons other than those specified article (121), he shall be required to compensate the employer for any prejudice the latter sustains as a result: provided that the amount of compensation shall not exceed half the worker's remuneration for three months or the residual period of the contract whichever is shorter unless the contract contains a provision to the contrary."

It may be noted that for individuals working under a limited period contract, there is no prescribed time-limit for serving a notice period prior to expiry of the contract.

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News Network
March 18,2020

Riyadh, Mar 18: Private-sector businesses in Saudi Arabia on Wednesday were ordered to introduce enforced remote working for all employees for 15 days in an attempt to prevent the spread of the coronavirus.

Businesses that require staff to be physically present to ensure they continue to operate — including those in vital or sensitive sectors such as electricity, water and communications — must reduce the number of workers in their offices to the bare minimum. This can be no more than 40 percent of the total number of staff.

In such cases precautionary measures set by the Ministry of Health must be followed. At offices, and staff accommodation, with more than 50 workers, an area at the entrance must be provided where temperatures can be taken and symptoms checked.

Employers must also set up a mechanism for workers to report any symptoms, such as high temperature, coughing or shortness of breath, or contact they have had with infected individuals or people who recently returned from other countries without following proper Ministry of Health quarantine procedures.

Inside offices, a safe amount of space between employees must be maintained at all times. In addition, all health clubs and nurseries provided by employers must close.

Pregnant women and new mothers, people suffering from respiratory diseases, those with immune-system problems or chronic conditions, cancer patients and employees above the age of 55 are to be given 14 days compulsory paid leave, which will not be deducted from their annual entitlement.

Businesses that are excluded from the new measures include pharmacies and supermarkets, and their suppliers. Private-sector organizations that provide services to government agencies must contact them before suspending workplace attendance. Any other business that considers it impossible to operate with only 40 percent of staff in the workplace must submit an exemption request to the authority that supervises it.

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Agencies
April 27,2020

Riyad, Apr 27: The Saudi-led Arab Coalition supporting Yemen’s UN-recognized government on Monday urged all parties to end any escalation of hostilities and return to the status that existed before the Southern Transitional Council (STC) declared self-rule.

In a statement carried by the Saudi Press Agency (SPA), the coalition emphasized “the need to cancel any step that violates the Riyadh agreement and work to accelerate its implementation.” 

On Sunday, the United Arab Emirates-backed STC scrapped a peace deal with the internationally recognized government of President Abed Rabbo Mansour Hadi.

Accusing the government of corruption and mismanagement, the separatists said they would “self-govern” the key southern port city of Aden and other southern provinces.

Yemen’s Foreign Minister Mohammed Al-Hadhrami described the move as a “resumption of its (STC’s) armed insurgency and rejection and complete withdrawal from the Riyadh agreement.” 

Authorities in Yemen’s southern provinces of Hadramawt, Abyan, Shabwa, Al-Mahra and the remote island of Socotra also rejected the separatist group’s claim to self-rule.

The government said local and security authorities in the five provinces dismissed the move as a “clear and definite coup.” 

Some of the provinces issued their own statements condemning it.

The coalition appealed to all parties to “give priority to the interests of the Yemeni people over any other interests”. 

It also urged the parties involved not to lose their focus on working to achieve the goal of restoring the state, ending the Houthi “coup” and “countering terrorist organizations”.

“The Coalition has and will continue to undertake practical and systematic steps to implement the Riyadh Agreement between the parties to unite Yemeni ranks, restore state institutions and combat the scourge of terrorism,” the statement said. “The responsibility rests with the signatories to the Agreement to undertake national steps toward implementing its provisions, which were signed and agreed upon with a time matrix for implementation.”

The STC has been part of the coalition-backed forces fighting the Iran-backed Houthi militia, which seized control of the Yemeni capital Sanaa and other provinces in 2014.

The Houthi “coup” has led to the formation of the Saudi-led coalition, which had since driven away the Houthis from the south and other provinces. President Hadi’s government has made Aden as its temporary seat.

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Agencies
April 26,2020

Riyadh, Apr 26: The Custodian of the Two Holy Mosques, King Salman bin Abdulaziz of Saudi Arabia has issued an order to partially lift the curfew in all regions of the Kingdom, to become from 9am to 5pm, starting Sunday through Wednesday May 13, while keeping a 24-hour curfew in the holy city of Makkah and in previously isolated neighbourhoods, state news agency (SPA) said early on Sunday.

The order also allowed the opening of some economic and commercial activities, which include wholesale and retail shops in addition to malls.

They can operate for two weeks, beginning on April 29 (Wednesday) until May 13 (Ramadan 6-20), however, certain shops within malls like beauty clinics, barber salons, gyms, cinemas, and restaurants will continue to be restricted from reopening.

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