Monday, 27 January 2014

Work Permit in UAE


Work Permit

The relationship between employers and employees is governed by Federal Act Number 8 of 1980 and its amendments. The Act is applicable to all employment relationships when engaging an employee, whether a UAE citizen or a foreigner. It is not applicable in the case of employment by a government authority. 

The approval of the Ministry of Labor is a prerequisite for the employment of foreigners. The Ministry encourages the employment of nationals in the private sector. However, an employer will be given permission to employ resident foreigners who may be transferring from previous employers or to employ newly arriving employees. A work permit is issued by the Ministry for three years, subject to renewal for similar periods. Employment contracts may be for a limited period specified in the contract or for an unlimited period, in which case the employee will continue working with his employer until the contract is terminated.

 

Working hours

Working hours are eight hours a day or 48 hours a week. However, for persons or employees in trade, hotels, and restaurants, the daily working hours may be increased to nine hours. For overtime work, the employee is entitled to an amount equivalent to the wage paid for ordinary working hours, plus 25 per cent. Overtime may not exceed two hours per day unless necessary. An employee is entitled to an annual leave of 30 days, and maternity leave and sick leave are not part of the annual leave. 

Act Number 8 stipulates certain provisions for the employee’s health and safety and for workmen’s compensation against work accident. The employment contract may be terminated by mutual consent of the parties or on expiry of its duration. Any dispute arising between the employer and the employee will be resolved by the Ministry of Labor, which must make a recommendation within two weeks from the date the application for a dispute settlement is filed. If the parties fail to settle the dispute as recommended by the Ministry, the matter should be referred to the courts. The time limit for a lawsuit relating to an employment contract is one year from the date on which the amount claimed or entitlements become due. Employees are exempted from court fees before the court of first instance and court of appeal.

Frequently Asked Questions
Employee can work for sponsor only


Q: 
I have been working with a company in Dubai for more than six months on a limited contract. Now, I want to avail power of attorney of my mother’s company in Sharjah.
Since it’s a family business, my mother wants me to take care of some parts of the business and for that she is willing to give me power of attorney to legally run her business. Is it legal to work for my mother’s company under a power of attorney approved by the Sharjah Court though I am working for another employer?

A: According to Article 67 in the third chapter of the federal law number 6 for the year 1973, a sponsored person is under a duty to not work except for his sponsor. Similarly, the sponsor is under a duty not to employ who is not sponsored by him. Hence, if your mother’s entity is not sponsoring you, you cannot take a role in it and this will be considered as a breach of the law.

Breaching any of these obligations and working in an entity where you are not sponsored put all the parties in a risk of being prosecuted and hence, subject to a minimum fine of Dh50, 000 each or imprisonment and the same amount of fine (KT).



Saturday, 25 January 2014

Employment visa

DESCRIPTION
AMOUNT in AED
NOTE
E-QUOTA APPLICATION
53
Type from Tasheel Center
INITIAL APPROVAL
253
Typing charge extra
WORK PERMIT APPLICATION
53
Pay at Tasheel Center
LABOUR CARD FEE
(Pay at Tas'heel Centre)
653
Second Category 2-A
1500 Second Category 2-B
2000 Second Category 2-C
5000 Third Category
300 First Category
BANK GUARANTEE
3000
Commission varies depends on Bank. No commission at Al Masraf and NBQ. Bank Guarantee facility available with AAFAQ inside Tas’heel Centre
IMMIGRATION FEE
(Can be paid Typing Centre)
220
870 If the person is inside UAE
570 For visa position amendment (Typing charge extra)
MEDICAL CERTIFICATE
300
Amount varies depends on Hospital
EMIRATES ID
270
Can be typed at Typing Centre
VISA STAMPING
(Can be typed at Typing Centre)
270
100 extra for Urgent delivery of passport after stamping
(Typing charge extra)
LABOUR CONTRACT
(Type from Tas'heel Centre)
100
To be submitted through Tasheel
TOTAL
5172
Typing charge not included
DOCUMENTS REQUIRED
For E-quota Application
Copy of Trade License, Labour Establishment Card, Immigration Establishment Card, Sponsor's Passport copy, Sponsor's E-signature Card copy, Tenancy Contract, Electricity Bill and Location Map.
DOCUMENTS REQUIRED
For Work Permit Application
Passport Copy, one photo with white background, Attested Certificate Copy for certain professions,
Trade License Copy, Labor Computer Card Copy,
Profession + Salary with allowance (if any)
GCC Driving License copy for Driver Visa application (Vehicle list from RTA also to be attached for Driver Visa).
After Entry
Two Photographs for Medical Test.
Two Photographs (white background) for Visa Stamping
Two Photographs (white background) for Labor Card/Contract

Steps to follow
Type e-quota application.
v  Documents required for e-quota: Copy of Trade License, Labour Establishment Card, Immigration Establishment Card, Sponsor's Passport copy, Sponsor's E-Signature Card, Tenancy Contract, Electricity Bill and Location Map.

• Project Agreements to be scanned for Contracting Companies.
• Number of required workers, Gender and profession to be mentioned. Dh15 to be paid for Quota request application.
• Quota approval will come online soon.
• Wait for payment request which will come online within 24hours. Dh200 to be paid for each worker (Service charge extra). Approval will come after 24 hours.
• Again Work Permit application to be typed. Passport copy of worker, Photo and Certificate (for certain professions) are required. Approval will come soon.
• Then, bank guarantee (Dh3000 for each) and Labour Card Fee to be paid as per the company category).
• Pay Dh220 immigration fee for each visa and collect visa from Immigration.
NOTE: Original E-Signature Card of the authorized signatory is must to complete employment visa process.

NOTE: Payment should be made through E-Dirham Card at Thas'heel Centre. You can Buy E-Dirham Card from any branch of National Bank of Abudhabi or from Aafaq Islamic Finance Company found at Thas'heel branches. Take your Emirates ID & Passport copy to for E-dirham Card.
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v  Application status can be tracked through www.mol.gov.ae by entering MB number which is printed on the application.
v  After approval, Bank guarantee to be paid in the Bank, if required.
v  All government Fees to be paid at Typing Centre.

v  If the applicant is inside the country, type Visa Position Amendment application and pay Dh650 at Typing Centre (Typing charge extra).
v  There are 60 days time from the date of Visa Position Amendment to complete Medical, Emirates ID and visa stamping. If the visa holder is out of country 60 days will be calculated from the date of entry.


IF THE APPLICANT ON VISIT VISA: If the visa holder is inside the country on Visit Visa type Visa position Amendment form and pay Dh570 at Typing Centre (Typing charge extra).
IF THE APPLICANT ON TOURIST VISA: If the visa holder is inside the country on Tourist Visa, he/she can get visa inside country on payment of Dh680, then he/she must exit to Oman / neighbor country or home country and enter on new employment visa. Visa change package is available from fly Dubai, emirates airlines and some other airlines. NOTE: Tourist visa holder cannot change visa inside country without exit.



WORK PERMIT EXTENSION: Work Permit is renewable every 10 days upon payment of Dh500 fee each time for a maximum of six times calculated from the date of expiry of its initial or renewed term. Service available at Tasheel center.



 There are 60 days time from the date of Visa Position Amendment/Entry to complete Medical Emirates ID, and visa stamping. If the visa holder is out of country 60 days will be calculated from the date of entry.

Dubai Visit Visa


Residents can apply for a 30-day or 90-day visit visa, both of which are non-extendable, for their spouse or blood relatives of 1st or 2nd degree only. These visas will cost Dh610 andDh1, 110 respectively. Typing charge and Insurance extra.

Minimum salary requirement
Dh5, 000 to sponsor brother/sister
Dh4, 000 to sponsor wife, children parents, father in-law and mother in-law
Dh6, 000-Dh7, 000 to sponsor other relatives
Dh10,000 to sponsor friends 

Holders can enter the country once within two months from the date of issue. Applicants will also have to pay the Dh1,000 refundable deposit and show proof of health insurance. Application including health insurance can be prepared from Typing Centre.

 To sponsor 90-day Visit (long term), the sponsor must have Emirates ID or proof of ID application.

 Tenancy Contract (accommodation rental agreement). It has to be attested through Ejari Online system of Real Estate Regulatory Authority (RERA). If the Agreement is on Company name you should add your name in bracket).

 Documents proving kinship or marriage must be submitted.

 A foreign wife of a citizen of a GCC Country can only obtain a visit visa if she holds a residence visa in the home country of her husband. Sixty-day visit visas are renewable twice, allowing for a total permitted stay of 180 days, can be obtained for domestic helpers who accompany citizens of GCC countries.

 Residents in GCC countries and their domestic helpers can obtain a 30-day visit visa, renewable once for a similar period.

NOTE: Visit Visa holder should enter UAE within 60 days from the date of issue. If not entered, visa will be cancelled automatically and to be applied again with the same procedures. 

• Visit Visa holder can Change Status to Employment / Resident Visa by paying Dhs680+570(typing charge extra).

• Tourist Visa holder must exit UAE to change his/her visa to Employment/ Residence.

NOTE: Visitor Tourist Visa holder must stay out of UAE at least one month to get another Visit or Tourist Visa. 

Required Documents for Visit Visa:

• Passport Copy of Visitor. Passport must be valid minimum 3 months.
• Photo (1) with white back ground.
• Passport Copy + Visa page of Sponsor. 
• Labour Contract to be attested from Immigration on payment of Dh130. Government/Free Zone Employees do not need to attest Salary Certificate. 
• Emirates ID or ID Application proof of the sponsor (for Long Term Visit)
• Tenancy Contract and EJARI registration Certificate (for Long Term Visit)

TRANSIT VISA: This is issued for a non-renewable 14 days for a fee of Dh220. It is issued to businessmen and tourists sponsored by a company or commercial establishment or a hotel licensed to operate in the UAE. Visa holder must enter UAE within 14 days from the date of issue. Duration of stay 14 days from the date of entry.