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 21,2024

mustafa ayyash.jpg

Austrian police authorities have arrested the director of a Palestinian news agency based in the Gaza Strip, which is aligned with the Hamas resistance movement, following spurious allegations and intense pressure from the Tel Aviv regime’s officials.

Gaza Now News Network wrote in a post published on the social media platform X, formerly known as Twitter, that “the occupying Israeli regime is trying hard to prosecute anyone connected to the Palestinian media as part of attempts to silence the voice of wounded Gaza and stop disclosure of the Palestinian nation’s sufferings and the massacres being committed against women, children and the elderly.”

It added, “The latest of such attempts was the prosecution of Palestinian-born journalist Mustafa Ayyash. Austrian police stormed his house, tampered with his personal belongings, confiscated electronic devices, arrested him and his wife, and took him for interrogation.”

Gaza Now noted that the Austrian police hacked its WhatsApp account, which is followed by 300,000 users, and closed it down. They also shut the news network’s Facebook pages and accounts, which are followed by some eight million users.

It underscored that Israeli officials threaten Ayyash from time to time with prosecution and assassination, and hamper the activities of the news network on social media platforms.

This comes as the Israeli military had earlier targeted Ayyash's family and killed scores of his relatives in a series of airstrikes in late November ahead of a temporary ceasefire.

The Permanent Observer of Palestine at the United Nations Salah Abdel-Shafi and Chairman of Hamas Political Bureau Ismail Haniyeh mourned the death of his family.

Back on March 27, US and UK authorities unveiled sanctions against two people and three companies related to Gaza Now over alleged fundraising efforts “in support of Hamas.”

The Treasury Department said in a statement that Gaza Now, whose popular Telegram channel has more than 1.8 million followers, and its founder started fundraising for Hamas after the movement’s Operation al-Aqsa Storm against Israel on October 7.

The US also slapped sanctions against Aozma Sultana, the director of two companies that allegedly gave “thousands of dollars to Gaza Now and advertised Gaza Now as a partner during a joint fundraiser shortly after the large-scale surprise attack.”

Separately, the UK Treasury announced a full asset freeze against two individuals suspected of providing financial support for Gaza Now.

“All funds and economic resources in the UK belonging to or controlled by Sultana and Ayyash have been frozen,” they added.

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News Network
April 9,2024

shifa.jpg

More decomposed bodies have been found inside al-Shifa Hospital in Gaza, amid operations to recover bodies of the victims of one of the largest massacres committed by Israel against the Palestinians, Euro-Med Human Rights Monitor says.

The founder and chairman of the group Ramy Abdu said in a series of social media posts that “operations to discover bodies executed by the Israeli army at al-Shifa Hospital continue.”

He published a “shocking” video that showed rescue teams, civil defense, and forensic evidence finding more decomposed bodies.

“It seems we are witnessing one of the largest massacres committed by Israel against the Palestinian people in history.”

Abdu said the video confirmed the Geneva-based rights group’s report on field execution operations carried out by the Israeli forces during their recent attack on al-Shifa.

“Horror: Doctors, nurses, displaced persons, administrators at the hospital, children, women. This is what is revealed after the Israeli army's withdrawal from al-Shifa Hospital. Dozens of people were executed in the field,” he said.

According to his remarks, the Israeli army placed the bodies inside pits it had dug.

On March 18, Israeli forces started a new wave of attacks on Gaza’s main hospital, al-Shifa, and imposed a two-week siege on it. 

On April 1, the Gaza Health Ministry said Israeli forces withdrew tanks and vehicles from al-Shifa, adding that dozens of bodies, some of them decomposed, had been found at the complex after the Israeli pullout, which also left behind a vast swath of destruction.

Israel first raided the hospital in Gaza City last November.

Al-Shifa, Gaza’s largest hospital, has sheltered thousands of Palestinians who fled Israel’s invasion in the northern parts of the territory.

The Israeli military claimed that the Palestinian resistance movement Hamas is using the facility to “conduct and promote terrorist activity.” Hamas has repeatedly denied operating from Shifa and other health facilities.

The chief of the World Health Organization (WHO) has said al-Shifa is no longer functional because of months of Israeli siege and attacks on the facility.

Israel launched the war on Gaza on October 7 after the Palestinian resistance movement Hamas waged the surprise Operation Al-Aqsa Storm against the occupying entity in response to the Israeli regime’s intensified violence against Palestinians.

Since the start of the offensive, the Tel Aviv regime has killed 33,207 Palestinians and injured nearly 75,933 others.

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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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