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
April 22,2020

Dubai, Apr 22: Saudi Arabia's Health Ministry registered 1141 new Coronavirus cases, 172 new Recoveries and 5 new deaths in the last 24 hours by 22nd April 2020 (3:40 PM), Most of  the Corona infected patients are in stable condition, while 82 cases are on critical condition and are being treated in various hospital's Intensive Care Unit, All the confirmed and suspected cases are isolated and are being treated in the country, the Total Covid-19 cases as of Today are as follows
 
Infections : 12772
Recovered : 1812
Deaths : 114
Active Cases : 10846
Critical : 82

-  The Spokesperson of Ministry of Health said Total laborartory tests exceeded 200,000. 

-  You should continue to socialize and stay at home, especially for those aged 65 and over or who suffer from chronic diseases.

-  Half a million field assessments under active survey, 50 government agencies involved in anti-virus efforts, 150 field teams participating in the active examination in the Kingdom.

- The Health Ministry said, Maintaining hand-washing and keeping away from gatherings is an important step, and we should all be responsible.

- Worldwide Covid-19 infection details as of Today (22nd April) are

Infections : 2,580,729
Recovered : 693,093
Deaths : 178,371

- Among the 1141 new infections, most of the cases are on active survey results, 868 cases from new infections are discovered from active survey field testing. The city wise total active cases excluding recoveries and deaths by 22nd April are

Makkah : 2472
Madina : 1944
Riyadh : 1762
Jeddah : 1679
Dammam : 678
Hofuf : 507
Taif : 131
Tabuk : 128
Jubail : 97
Qatif : 73
Buraidah : 46
Khamis Musaith : 44
Khobar : 38
Dhahran : 36
Yanbu : 36
Khalis : 24
Ar Ar : 16
Khafji : 15
Ras Tanura : 12
Zulfi : 11
Onaiza : 9
Al Maqwat : 9
Al Dariya : 8
Al Kharj : 8
Samita : 8
Bisha : 7
Najran : 7
Al Khanfadah : 7
Hail : 6
Al Baha : 6
Sabit Alaya : 5
Muhayil Asir : 5
Ahad Rafidah : 4
Muwiya : 4
Ar Ras : 4
Al Qurayyat : 3
Al Muzilaf : 3
Sharura : 3
Al Jafar : 2
Al Lais : 2
Al Hanakiya : 2
AlMabraz : 2
Al Qawiya : 2
Al Tawal : 2
Al Misan : 2
Al Qariya : 2
Hada : 2
Rabig : 2
Sabia : 2
Saihat : 2
Azam : 1
Al Aiz : 1
Al Bakariya : 1
Al Dawadmi : 1
Al Majmaah : 1
Al Mada : 1
Al Shamli : 1
Al Ala : 1
Al Wajha : 1
Al Arida : 1
Beesh : 1
Diba : 1
Sakaka : 1
Sariban : 1
Sharura : 1
Riyad Al Khabra : 1

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Agencies
May 1,2020

Saudi Arabia has initiated refund of work visa fee to foreigners unable to travel to the Kingdom due to the suspension of international flights in the aftermath of Covid-19 pandemic.

Several work visas were cancelled, following which the Ministry of Human Resources and Social Development, in cooperation and coordination with the Ministry of Foreign Affairs, announced the refund. The cancellation and refunding of the stamped visas will be considered effective from the date of issuance of the royal decree on March 18, reported Saudi Gazette.

As a precautionary measure to curb the spread of coronavirus, the Kingdom suspended all international flight. The ministry of health in Saudi Arabia on Wednesday announced 1,325 new Covid-19 coronavirus cases and 169 recoveries. With this, the total number of cases in the Kingdom now stands at 21,402, while recoveries stand at 2,953, as on Wednesday reported KT.

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News Network
February 5,2020

Feb 5: US President Donald Trump delivered his third State of the Union address on Tuesday, the eve of his expected impeachment acquittal in the United States Senate.

The mood in the House of Representatives reflected the divisions running across the country. Republicans cheered as Trump was introduced, with some chanting "four more years" while Democrats stood silently.

On the foreign policy front, Trump said the US is "working to end America's wars in the Middle East".

He boasted about his decision to order the killing of top Iranian Commander Qassem Soliemani. That decision escalated tensions between the US and Iran, with many fearing an outright war.

Iran retaliated by attacking two Iraqi military bases housing US troops. After Trump initially said no troops were injured, the Defense Department announced dozens of US soldiers had been diagnosed with traumatic brain injuries.

Trump also reiterated his vow to withdraw US troops from Afghanistan. When he plans to do that, however, remains unclear.

US special envoy Zalmay Khalilzad told Afghan President Ashraf Ghani earlier this week that there has not been any significant progress in his talks with the Taliban. Khalilzad said he was hopeful of reaching an understanding with the group on reduction of hostilities, but did not offer any timeframe.

Trump also touted his newly-unveiled Middle East plan, which has been vehemently rejected by Palestinians.

And he received loud applause after reminding the country that ISIL (ISIS) leader Abu Bakr al-Baghdadi was killed last year in a US military operation in Syria.

"Today, the ISIS territorial caliphate has been 100 percent destroyed, and the founder and leader of ISIS - the bloodthirsty killer Al Baghdadi - is dead!" Trump said.

Economy

Trump spent much of his speech highlighting the economy's strength, including low unemployment, stressing how it has helped blue-collar workers and the middle class, though the period of growth began under his predecessor, Barack Obama.

"In just three short years, we have shattered the mentality of American decline and we have rejected the downsizing of America's destiny. We are moving forward at a pace that was unimaginable just a short time ago, and we are never going back!" Trump declared.

And what Trump calls an unprecedented boom is, by many measures, not all that different from the solid economy he inherited from Obama. Economic growth was 2.3 percent in 2019, matching the average pace since the Great Recession ended a decade ago in the first year of Obama's eight-year presidency.

Trump stressed the new trade agreements he has negotiated, including his phase-one deal with China and the United States-Mexico-Canada agreement he signed last month.

Throughout his presidency, Trump has frequently touted his stewardship of the US economy. As recently as two weeks ago, he claimed it was in "a rather dismal state" until he and his administration turned it into a "roaring geyser of opportunity".

But the numbers do not support the "geyser" narrative. There are signs the record US economic expansion - now in its 11th year - is getting long in the tooth.

Job creation is slowing. And the US economy's modest 2.3 percent growth was well short of the 3 percent growth Trump had predicted following a $1.5 trillion tax cut package he and his fellow Republicans pushed through Congress in 2017.

Trump's trade war with China weighed on US manufacturing last year as businesses held back on investment. And while factory activity bounced back in January amid the signing of a phase-one trade deal between Washington and Beijing, US tariffs still remain in place on some $360bn of Chinese goods.

The coronavirus outbreak and the ongoing troubles for Boeing surrounding the 737 MAX could also present headwinds to growth, analysts say.

Awkward moment at awkward time

One of the big questions of the night was whether Trump would directly mention impeachment. He chose to stay away. The House impeached the president at the end of last year for abuse of power related to his dealings with Ukraine and obstruction of Congress for refusing to participate in the impeachment inquiry.

The Senate started its trial more than two weeks ago, and a final vote is scheduled for 4pm local time (21GMT) on Wednesday.

Trump shared an awkward moment with House Speaker Nancy Pelosi, who kicked off the House's impeachment inquiry in September following a whistle-blower complaint that centred on Trump's efforts to get Ukraine to launch investigations into the president's political rival.

At the start of Trump's speech on Tuesday night, it appeared Pelosi went to shake the president's hand, a gesture amid the impeachment proceedings.

The president was presenting folios to Pelosi and Vice President Mike Pence as he arrived for the evening speech when it appears she reached for the shake. At the same time, Trump turned away from her to face the audience of lawmakers gathered for the annual address.

Pelosi gave a look.

Later on Twitter, Pelosi tweeted that "Democrats will never stop extending the hand of friendship to get the job done #ForThePeople. We will work to find common ground where we can, but will stand our ground where we cannot".

After the address was over, Pelosi ripped up her copy of the speech - a move the White House criticised.

Trump is only the third president to be impeached. He has denied any wrongdoing.

While some Republicans have acknowledged Trump did something wrong, they've argued that it didn't amount to an impeachable offence. Trump is headed towards an all but certain acquittal on Wednesday in the Republican-led Senate.

Trump appeals to base

As expected, Trump also dedicated a section to "American values", discussing efforts to protect "religious liberties" and limit access to abortion as he continues to court the evangelical and conservative Christian voters who form a crucial part of his base.

He attacked the Democrats over their healthcare plans, labelling them "socialist".

He brought up his signature campaign issue - immigration, at times making untrue or misleading statements.

"Before I came into office, if you showed up illegally on our southern border and were arrested, you were simply released and allowed into our country, never to be seen again," Trump falsely. "My administration has ended catch-and-release. If you come illegally, you will now be promptly removed."

But under previous administrations, Mexicans were quickly returned back over the US-Mexico border, while others were held in detention until they were deported. Some migrants from other countries were released into the interior of the US to wait out their immigration cases.

And despite Trump's claims that all irregular migrants are now "promptly" removed, there is a one million immigration court case backlog, which means many migrants wait up to three years before a court hearing before a judge who will determine whether someone is deported. After a judge rules a migrant deported, travel papers must be obtained, which often leads to further delays.

As for ending the so-called "catch and release" policy, Trump actually expanded that policy last year during a surge in migrants, releasing thousands of migrants who flooded shelters along the border. The surge has since passed, so fewer people are being held and fewer would need to be released. But an effort by immigration officials to detain children indefinitely was blocked by a judge, so children are still released into the country.

In a gesture that left nearly everyone - including its recipient - looking dumbfounded, Trump announced he was giving right-wing radio host Rush Limbaugh the nation's highest civilian honour.

Limbaugh, who announced this week that he had advanced lung cancer, appeared stunned, his jaw visibly dropping as Trump made the announcement. Others sat in silence as first lady Melania Trump draped the medal around his neck on the spot.

"Thank you for your decades of tireless devotion to our country," Trump told Limbaugh, who often promotes conspiracy theories on his radio show.

Boycott, walkouts

At least 10 Democratic lawmakers, including some who have been attacked by the president, boycotted the address in a sign of protests.

"After much deliberation, I have decided that I will not use my presence at a state ceremony to normalise Trump's lawless conduct & subversion of the Constitution," Representative Alexandria Ocasio-Cortez said in a series of tweets announcing her decision.

Ocasio-Cortez, as well as Representative Ayanna Pressley, who also boycotted, were the subjects of racist attacks by the president last year that resulted in the House voting to condemned his comments, telling the pair and two other congresswoman of colour - Ilhan Omar and Rashida Tlaib - to "go back" to their countries. All four are US citizens.

Omar and Rashida Tlaib, the first two Muslim women in Congress, attended the address, wearing traditional Palestinian and Somali clothing.

"This is what America looks like," Omar tweeted.

Tlaib, along with some other Democratic representatives said they walked out of Trump's speech, calling it "shameless".

Dozens of other congresswomen wore white, representing the colour of women suffragettes.

Other Democrats wore red, white and blue-striped lapel pins to highlight climate change, saying Trump has rolled back environmental safeguards and given free rein to polluters.

Michigan Democratic Governor Gretchen Whitmer delivered her party's official response and drew a contrast between actions taken by Democrats and the president's rhetoric.

"It doesn't matter what the president says about the stock market," Whitmer said. "What matters is that millions of people struggle to get by or don't have enough money at the end of the month after paying for transportation, student loans, or prescription drugs."

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