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?

visa
Pursuant 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 23,2024

gazadestruction.jpg

The genocidal war on Gaza launched by Israel on October 7 last year, with the support of the US and its other Western allies, completes 200 days on Tuesday, leaving behind a trail of death, destruction, displacement and starvation.

These 200 days – between October 7, 2023, and April 23, 2024 – have been marked by unprecedented crimes against the people of Gaza, especially children and women, the bombardment of hospitals and schools, abuse and torture of women and abduction of young boys.

Human rights groups and international bodies have described the harrowing events unfolding in the besieged Palestinian territory as a textbook case of genocide and ethnic cleansing.

Israeli regime’s key international allies – Washington, London, Paris and Berlin – have also been at the receiving end of massive public backlash for their continued military support for the regime.

The death toll in the apartheid regime’s genocidal campaign has already topped 34,150 since October 7, more than 75 percent of them being women and children, according to the Gaza government office.

The 2.3 million people in the besieged territory continue to deal with a catastrophic humanitarian crisis amid relentless bombings and crippling siege imposed by the Israeli regime with the backing of the US.

Following are the statistics related to 200 days of war waged by the Israeli occupation on Gaza. 

200 – the number of days of the latest Israeli genocidal war on Gaza

41,183 – the total number of those killed and missing in Gaza since Oct. 7

34,183 – the total number of fatalities in Gaza since Oct. 7 (confirmed dead)

7,000 – the number of people still under the rubble of destroyed buildings in Gaza (presumed dead)

77,183 – the number of wounded persons in Gaza since Oct. 7

3,025 – the number of massacres committed by the regime since Oct. 7

14,778 – the number of children killed since Oct. 7

30 – the number of children who died due to starvation and famine

9,752 – the number of women killed since Oct. 7

485 – the number of doctors and paramedics killed since Oct. 7

67 – the number of civil defense personnel killed since Oct. 7

140 – the number of Palestinian journalists killed since Oct. 7

72 – the percentage of children and women killed since Oct. 7

17,000 – the number of children who have lost one or both parents since Oct. 7

11,000 – the number of injured people who need to travel for treatment

10,000 – the number of cancer patients who face the risk of death

1,090,000 – the number of people with infectious diseases due to displacement

8,000 – the number of cases of viral hepatitis due to displacement

60,000 – the number of pregnant women at risk due to lack of healthcare

350,000 – the number of chronically ill patients suffering due to lack of medicine

5,000 – the number of people arbitrarily detained in Gaza since Oct. 7

310 – the number of health practitioners who have been arrested

20 – the number of known journalists arbitrarily detained since Oct. 7

2 million – the number of displaced people in the Gaza Strip

181 – the number of government buildings destroyed since Oct. 7

103 – the number of schools and universities completely destroyed since Oct. 7

317 – the number of schools and universities partially destroyed by the occupation

239 – the number of mosques completely destroyed since Oct. 7

317 – the number of mosques partially destroyed since Oct. 7

3 – the number of churches targeted and destroyed since Oct. 7

86,000 – the number of housing units completely destroyed since Oct. 7

294,000 – the number of housing units partially destroyed since Oct. 7

75,000 – tons of explosives dropped by the occupation on Gaza since Oct. 7

32 – the number of hospitals taken out of service by the occupation since Oct. 7

53 – the number of health centers that have become non-functional since Oct. 7

160 – the number of health institutions partially or fully destroyed since Oct. 7

126 – the number of ambulances destroyed by the occupation army since Oct. 7

206 – the number of archaeological and heritage sites destroyed since Oct. 7

$30 – billions in preliminary direct losses as a result of the genocidal war on Gaza

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News Network
April 30,2024

israel.jpg

Itamar Ben Gvir, a notorious far-right Israeli minister, has suggested that some Palestinians could be “killed” instead of being kidnapped during the savage war in Gaza.
 
The minister made remarks during an Israeli war cabinet meeting where he questioned the necessity of the detention of a large number of Palestinians.

“Why are there so many arrests? “Can’t you kill some? Do you want to tell me they all surrender? What are we to do with so many arrested? It’s dangerous for the soldiers.” Ben-Gvir was quoted as asking the Israeli military's chief of staff Herzi Halevi.

The minister also reportedly demanded that the army shoot Palestinian women and children in the besieged Palestinian territory to “protect” the Israeli forces.

Halevi briefed ministers who attended the cabinet meeting on the military campaign in Gaza and highlighted that hundreds of Palestinians had surrendered to the occupying forces.

Ben Gvir recently also called for the execution of Palestinian prisoners to ease overcrowding in the jails. The minister said that applying the death penalty to Palestinian detainees was the “right” solution to tackle the problem of prison overcrowding.

Israel soldiers have abducted more than 5,000 of Palestinians during their ongoing military campaign in Gaza.

The Gaza media office has said that Palestinian prisoners were undergoing "the worst kinds of torture" in Israeli jails.

Palestinian rights group Addameer earlier this month said Israel was holding 9,500 Palestinian political prisoners, not including those taken from the Gaza Strip.

Israel has arrested thousands of Palestinians since 7 October. Those detained, often without charge, describe regular beatings and a solitary daily meal designed simply to keep them alive.

Palestinians taken prisoner or hostage from both the West Bank and Gaza have given testimonies detailing horrific and sadistic abuse and torture by their Israeli jailers including beatings, verbal abuse, sexual abuse and rape, breaking of limbs, burns, being stripped naked, and forced drug taking.

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News Network
April 23,2024

gaza200.jpg

The genocidal Israeli war on the Gaza Strip has entered its 200th day, with occupation forces killing more Palestinians in defiance of widespread international outcry to end the carnage.

The aggression marked its 200th day on Tuesday with no end in sight to the Israeli war that has so far killed a shocking number of Palestinians and led to a humanitarian crisis in the besieged territory.

The Gaza Health Ministry said Israeli forces have committed three "massacres" over the past 24 hours, killing at least 32 Palestinians and wounding 59 others.

The numbers, it added, bring the Palestinian death toll to more than 34,183, with at least 77,143 injured and an estimated 7,000 missing and presumed dead since early October.

More than 14,500 children and 9,500 women are among those killed, making up over 70 percent of the victims, according to health officials.

Israel waged its brutal US-backed war on the Gaza Strip on October 7 after the Palestinian Hamas resistance group carried out Operation Al-Aqsa Storm against the usurping entity in retaliation for its intensified atrocities against the Palestinian people.

Israel has been carrying out war crimes in Gaza by deliberately starving people and forcing their evacuation, as well as targeting hospitals and schools sheltering displaced Palestinians.

Despite all these atrocities, the regime has failed to achieve its declared objectives of “destroying Hamas” and finding Israeli captives held in Gaza.

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