EMPLOYMENT LAW IN UAE LABOR LAW 2016

EMPLOYMENT LAW IN UAE LABOR LAW 2016

Towards the current Employment Law in UAE Labour Legislation, the UAE may apply significant reforms from January 1, 2016, plugging loopholes that secure within their office and will now create workers much more information.

The main modifications to become enforced year, as reported by firing of work agreements Minister of Work, Saqr Ghobash Saeed Ghobash, refer to work contracts for workers employed from abroad, and issuance of fresh labor permits to citizen employees.


EMPLOYMENT LAW IN UAE LABOR 2016

According to new rules, any present correspondence designed to an employee will end up authorized by both parties and binding once approved. The quality given from Labor's Minister mandates that companies will soon be necessary to reveal towards the Ministry the present designed to a worker's conditions.

The present characters will soon be necessary to be comprehensive, and should have a thorough explanation of responsibilities and the privileges of the worker, in addition to format conditions and the terms of work. The Ministry requires the company helps to ensure that the employees decided to its conditions in a vocabulary they understand and have experienced the present.


Which means that there can’t be substantial improvements between your present notice and also the conditions of the ultimate work agreement between their company as well as a employees, wrong-doing or doing away using the chance of any distress.

The Ministry stipulates the work permit in the Ministry of Work is dependent on the present notice that'll be saved within the Ministry’s database to impose this quality.

The present page to some foreign staff may, consequently, turn into a legitimate agreement, and also the company won't be permitted to change or change some of its procedures until such modifications possess the permission of both events (the company and also the worker), which such modifications don't prejudice the best of the staff and so are not illegal.Exactly the same is true to get an employee inside the UAE, prior to the company may find the Ministry’s initial acceptance for his work and also the employee should sign and accept the conditions of the present notice.

The UAE expects to impose a brand new work regulation in the beginning of 2016 to higher control the connection between employees and companies and control violations to make sure both events can get their rights.

The brand new regulation contains three primary guidelines regulating labour agreements for employees from abroad, ending agreements between employees and the companies and also the issuance of a work permit to some resident employee.


“These guidelines will require the labor market in getting to ensure the privileges of events on contract and openness and to some new phase cantered on a healthy and powerful connection between all parties,” Labor Minister Saqr Gobash said.

OVERTIME LABOR LAW IN UAE

OVERTIME LABOR LAW IN UAE

Overtime as per UAE Labor Law, A worker or employee in United Arab Emirates to work with time is frequently required by the character of numerous careers.

Regular operating hours :

Underneath the UAE Labour Legislation, a worker’s regular morning shouldn't exceed 8 hours. An employer can also be ready to obtain a worker to do as much as 2 hours of extra function which is treated as overtime. For operating the extra 2 hours in substitution, the worker is eligible for overtime pay equal to the salary paid during regular operating hours plus one more quantity of for around 25% of the sum total remuneration (i.e. basic pay plus allowances) for that overtime period. However, when the overtime drops between your hours of 4am and 9pm, he'll be entitled for that overtime period worked to overtime pay equal to the remuneration due during regular operating hours plus a rise of for around 50% of his whole remuneration.


OVERTIME LABOR LAW IN UAE

Focus on a Public or Friday Holiday :

If conditions involve the worker to focus on a Friday, he should be given possibly a later date off (instead) or obtain his basic income plus one more 50% of his remuneration (i.e. However, workers Can’t be requested until they're used on the daily salary schedule to function significantly more than two successive Fridays.

The company may choose among the following cost components where a worker works on UAE holidays announced for that private industry:

Option B: 100% of regular everyday remuneration (standard salary plus considerations) + 150% of basic income.

Exceptions :

The UAE Labour Legislation claims that overtime shouldn't exceed two hours daily, until it's essential to avoid a significant incident, considerable reduction or even to remove its effects.

The next people are exempted by the UAE Labour Legislation from getting an overtime entitlement:

The teams of experiencing unique problems of support and seagoing boats and individuals employed at-sea because of the character of the function, except dock employees involved in unloading and filling and related procedures.

Prior to the Ministerial Order that is relevant, people in supervisory or managing jobs includes workers who're possibly the Chairman of the Board, the Overall Manager, the Team Supervisors or supervisory team, performing using the power of the organization.


The DIFC Employment Legislation pertains to all workers who totally or often work-in the DIFC and includes no exceptions for several types of employees or workers from its procedures. As you will find no particular procedures associated with overtime it generally does not offer legal overtime charges. However, the DIFC Employment Legislation includes a supply that allows workers to opt-out of the most allowed working week of 48 hours (so long as they are doing so written down). The company stays under a responsibility to make sure that the text hours are due for example to influence and security of the worker where workers do opt-out.

MULTIPLE ENTRY VISA UAE

MULTIPLE ENTRY VISA UAE

Multiple Entry Visa: 

Multiple visa is valid for 58 days from the date of issue and it allows 90 days (long term) and 30 days (short term) to stay in UAE from the first entry. It is applicable for multi visit person or frequent visit businessman. 

There are two types of Multiple Entry Visa:

1. Short Term: Short Term Multiple visa is valid for 30 days, and it is non extendable.

2. Long Term: This visa allows staying for 90 days from the first entry in UAE.

Required Documents for Multiple Entry Visa: 

1. Filled and signed visa application form.
2. Clear pass port copy (should be valid for at least six months).
3. Clear Passport sized photograph (colored) of each visitors with white background (4.3 * 5.5 cms).
4. Confirmed Airline ticket (onward and return).
5. Invitation letter if any, from the host company.
6. Female applicants above 18 years, travelling alone, requires to produce NOC from parents/husband, Photo ID of parents/husband. Copy of host passport/residence visa.

Steps to apply for Multiple Entry Visa:

1. Download the application form from the site and fill it.
2. Visit your nearest UAE visa processing centre with the above mentioned documents along with the filled application form. 
3. Make cash payment to obtain visa.
                               OR
1. You can apply online for Visa.
• Visit www.emirates.com 
• Click on “Manage an existing booking” link.
• Click on “Apply for UAE visa” link.
• You will be directed to VFS page.
• You will be asked for details and required information.

2. You will be receiving an email with a hyperlink where you have to click on it to get e-application form.

3. Upload  your scanned copy of passport and above mentioned documents once you fill the form.

4. Do the online payment through debit/credit card.

Instructions:

1. The application form should be typed in capital letter.
2. Note verbal from MEA (CPV division)/Diplomatic mission should be attached.
3. Colored passport copy .
4. Passport size photograph (color).
5. Processing of visa takes 2-4 working days.

MULTIPLE ENTRY VISA UAE


TYPES OF VISA IN UAE

TYPES OF VISA IN UNITED ARAB EMIRATES

The UAE visa is required, when you want to visit United Arab Emirates for any purpose. If you are a native AGCC (Arab Gulf Co-operation and Council states) resident, UAE visa is not required to go United Arab Emirates. The AGCC countries are : 
1. Saudi Arabia
2. Oman
3. Qatar
4. Kuwait

5. Bahrain

If you don’t belong to AGCC countries, you will have to obtain UAE visa to proceed to Emirates with the validation of 30 days which is non renewable. The citizens of twelve other countries, who hold the normal passport, are eligible for free UAE visa on arrival with the validation of 30 days and it is extendable with extra fee. Those 12 countries are :
1. Australia
2. Brunei
3. Canada
4. Hong Kong
5. Ireland
6. Japan
7. Malaysia
8. New Zealand
9. Singapore
10. South Korea
11. United Kingdom
12. United States

Types of Visas in United Arab Emirates: 

You can obtain different types of visas depending upon the purpose of your visit to Emirates. The types of visas are tourist visa, visit visa, transit visa, residence visa etc.


Entry Service Permit: This visa is applicable for company manager’s representative, sales managers, company delegates who visit UAE for commercial activities. This visa is non-renewable and sponsored by UAE companies. You can stay for 14 days exclusive of arrival and departure days on this visa. It costs Dh 120 plus Dh 10 delivery charge and it takes at least two weeks to process and issue.

Tourist Visa: Tourist visa is non extendable visa which requires sponsorship of a UAE licensed company or UAE resident (friends or relatives) and it enables you to stay for 30 days. It costs Dh 100 plus Dh 10 delivery charge and it takes around one week to process and issue.

Visit Visa: Visit visa is extendable visa which also requires sponsorship of a UAE licensed company or UAE resident (friends or relatives). It is valid for 60 days and extendable up to 90 days. This visa is applicable for those tourists, who want to spend more than 14 days in UAE, those who are on long term business visit. This is valid for entry within two months from the date of issue.

Transit Visa: This visa is applicable to those who wish to visit UAE for very short term. This is valid for 4 days (96 hours) and used by the sponsorship of an airline operating in the UAE. The passengers, who stop at Dubai international airport minimum of 5 hours, are eligible to have transit visa and they should have a valid ticket for onward flight.

Multiple Entry Visa:  Multiple visa is valid for 58 days from the date of issue and it allows 90 days from the first entry to UAE. It is applicable for multi visit person or frequent visit businessman. 

Residence Visa: Residence visa is valid for 3 years, and it requires medical test and a health card. It is applicable for those who plan to live in UAE and it is issued by the immigration department of the Emirates.

Mission Visa: Mission visa is not the same as Temporary Work Permit, and it is applied at the Ministry of Labor (MOL) by sponsoring company. It allows people to work in UAE on probation period or short period with the validation of 90 days which is renewable up to another 90 days.

Above types of visas are applicable for respective purpose. However, all information can be found from UAE Embassy site.

TYPES OF VISA IN UAE

VISA RENEWAL PROCESS IN UAE

VISA RENEWAL PROCESS (UAE)

There are certain types of visas which are renewable. If the expatriates want to increase their stay period in UAE after the expiration of their visa, they can renew their visa. If you are on employment visa, you need to renew labor card along with the visa. 

Grace Period: 

Visa in passport and Emirates ID should be renewed within 30 days from the date of expiry where Labor card should be renewed within 30 days from the date of its expiry. But it is always advisable to renew before expiration date.

Early Renewal: 

- Labor Card can be renewed, if its validity period is less than 60 days.
- Labor Card Renewal (Applicable for those who are on Employment visa): Without renewing the Labor card, it is not possible to renew the visa. It should be renewed at the Tasheel Center.

Required Documents for Labor Card Renewal:

1. Passport copy and Visa page.
2. Labor Card copy.
3. One color photograph with white background.
4. Labor Establishment Card Copy.
5. Trade License Copy of the company.

Steps to Renew the Labor card: 

1. Visit to the nearest Tasheel Center along with the above mentioned documents.
2. Pay the fees for renewal.
3. For more information, please visit http://www.mol.gov.ae/

Required Documents for Visa Renewal: 

1. Original Passport.
2. Medical Certificate.
3. One photograph with white background.
4. Labor Card renewal receipt.
5. Copy of Emirates ID renewal form.
6. Immigration Establishment Card copy.
7. Trade License copy of the Company.

Steps to Renew Visa: 

1. Type via stamping application and the seal & signature of sponsor.
2. Attached the Labor Card renewal receipt.
3. Attach the Copy of Emirates ID renewal form.
4. Submit those at the immigration department along with original passport.

Visa Date: 

If you renew visa before expiry, the new visa will start from the date of submission. If you renew the visa after expiry of existing visa, the new visa will start from the date of expiry.

Smart Way to Renew: 

Apart from the above steps, there is a smart way to renew or cancel an existing visa and save the time needed for visiting service centers. The General Directorate of Foreigners and Residents Affairs (GDFRA) Dubai has introduced the smart phone application through which UAE residents, nationals and companies can renew, cancel and apply for new visas without visiting the service center. Also, the smart phone application can be used for the transaction with the Ministry of Labor.

VISA RENEWAL PROCEDURE IN UAE

EXIT RE ENTRY VISA UAE

EXIT RE-ENTRY VISA IN UNITED ARAB EMIRATES

What is Exit Re-Entry Visa: Generally one needs visa to get in to the foreign country but in UAE one needs visa for both get in to the country and get out of the country. That visa is called exit re-entry visa through which once can return back to the country. In this case, sponsor’s consent is required to go out as well as get in to the country.

Types of  Exit Re- Entry Visa: 

1. Single Entry: 

This type of visa is valid for only one entry and exit with the validation of 30 days from the date of stamping. Once one round trip is over, this visa is expired, and one needs to re-apply for the visa to get in to the country again.

2. Multiple Entry: 

This type of visa is valid for six months from the date of first exit out of the country. It can be used for multiple times to travel to UAE. Most of the expatriates prefer to have this type of visa.

EXIT RE ENTRY VISA IN UAE


Requirements for Exit Re Entry Visa: 

1. A clear passport (Should valid for at least six months).
2. Two empty visa pages .
3. A passport size photograph (color) with white background.
4. A filled application form .
5. A copy of the family registration (which can be obtained from the Directorate General of passport).
6. A consent letter from sponsor.
7. A copy of a valid residence permit along with a copy of the last extension.
8. People (under 18 years of age) visiting alone should submit a letter of authorization, signed by both parents or legal guardians.
9. Please log on to https://enjazit.com.sa/ and click on “Apply for a visa to enter the Kingdom by individuals.” Complete the online request for an Employment visa.
10. Note down the request number on the application to provide to the consulate.
11. Include prepaid return label and envelope.

Prepaid Return Label: 

It is very important to include the pre-return label along with the envelope (from FedEx, UPS or USPS) with complete filled return address label. The prepaid return address envelope should contain the prepaid return label. Reflecting only account number on the envelope is not acceptable as a proof of payment. Cash, credit card details, debit card details, checks are not accepted, and the proper prepaid envelope with prepaid return label is required for return mailing. There are no fees for this type of visas application (apart from return mailing cost).

UAE TRANSIT VISA ON ARRIVAL

UAE TRANSIT VISA ON ARRIVAL


Transit visa is applicable for those who wish to visit for very short period to UAE. This is valid for 58 days from the date of issue, and the limited duration is 4 days (96 hours). It is issued by the sponsorship of an airline operating in the UAE. The passengers, who stop at Dubai international airport minimum of 5 hours, are eligible to get transit visa and they should have a valid ticket for onward flight. Air ticket is compulsory for this visa.

Required Documents for Transit Visa: 

1. Filled and signed application form .
2. Clear pass port copy (it should be valid for at least three months).
3. Passport sized photograph (colored) with white background (4.3 * 5.5 cms).

Steps to apply for UAE Transit Visa:

1. Download the application form from the site and fill it.
2. Visit your nearest UAE visa processing centre with the above mentioned documents along with the filled application form. 
3. Make cash payment to obtain visa.
                               OR
1.You can apply online for Transit Visa
 • Visit www.emirates.com 
 • Click on “Manage an existing booking” link.
 • Click on “Apply for UAE visa” link.
 • You will be directed to VFS page.
 • You will be asked for details and required information.
2. You will be receiving an email with a hyperlink where you have to click on it to get e-application form.
3. Upload  your scanned copy of passport and above mentioned documents once you fill the form.
4. Do the online payment through debit/credit card.

Instructions:

1. The application form should be typed in capital letter.
1. Note verbal from MEA (CPV division)/Diplomatic mission should be attached.
2. Colored passport copy .
3. Passport size photograph (color).
4. Processing of visa takes 2-4 working days.

Conditions for Transit Visa: 

1. It should be sponsor by airline (prior arrangement can be done).
2. Confirmed air ticket is required.
3. All documents and passport must be valid for at least three months.
UAE TRANSIT VISA

STUDENT VISIT VISA IN UAE

STUDENT VISIT VISA IN UNITED ARAB EMIRATES

Student Visit Visa is applicable for those students who visit UAE for the education purpose for short term. The purpose includes appearing exams, short term course etc. This visa is different from Visit Visa and Student Visa. The GCC nations of Oman, Kuwait, Qatar, Bahrain and Saudi Arabia can visit UAE without visa but the residents of GCC require visa to visit UAE.

Required Documents for Student Visit Visa application: 

1. Filled and signed application form.
2. Clear pass port copy (should be valid for at least six months).
3. Passport sized photograph (colored) with white background (4.3 * 5.5 cms).
4. Evidence of acceptance of UAE tertiary institute (Offer letter or admission letter).
5. Bank statement reflecting the evidence of fund in UAE.
6. Course fee receipt or examination fee receipt.
7. Copy of visa fee receipt for the current study.

Steps to apply for Student Visit Visa:

1. Download the application form from the site and fill it.
2. Visit your nearest UAE visa processing centre with the above mentioned documents along with the filled application form. 
3. Make cash payment to obtain visa.
                               OR
1. You can apply online for student Visit Visa
• Click on “Manage an existing booking” link.
• Click on “Apply for UAE visa” link.
• You will be directed to VFS page.
• You will be asked for details and required information.

2. You will be receiving an email with a link where you have to click on it to get e-application form.

3. Upload  your scanned copy of passport and above mentioned documents once you fill the form.

4. Do the online payment through debit/credit card.

- The Embassy of UAE takes 2 to 4 working days to process the Visa.

Instructions:

1. The application form should be typed in capital letter.
2. Note verbal from MEA (CPV division)/Diplomatic mission should be attached.
3. Colored passport copy.
4. Passport size photograph (color).
5. Processing of visa takes 2-4 working days.

Student Visit Visa in UAE

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