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?

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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 11,2024

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The number of Palestinians arrested by Israeli military forces in the occupied West Bank has surged to 8,165 since October 7, when Israel launched its relentless offensive against Palestinians in the Gaza Strip.

The Palestinian Prisoners Society and the Commission of Detainees and ex-Detainees in a joint statement on Tuesday said that over the past 24 hours, Israeli forces had arrested 20 Palestinians across the West bank.

The statement said that most of the arrests took place in Tulkarm, with additional arrests scattered across other cities, towns and refugee camps in the West Bank such as Beit Lahm, al-Khalil, Ramallah, Nablus, Tubas, and al-Quds.

The arrests were made amidst reports of widespread abuse, severe beatings, threats against detainees and their families, and extensive vandalism in citizens' homes and prisoners' residences in the Israeli prisons.

In the aftermath of the al-Aqsa Storm, over 8,165 arrests were made in the West Bank, with individuals including children being detained from their homes, at military checkpoints, coerced into surrendering, and even taken hostage, the statement revealed.

These figures do not include the thousands of adults and children the Israeli army has detained, tortured and interrogated in makeshift prisons across Gaza, outside any legal or civilian oversight.

Conditions for Palestinian prisoners in Israeli jails have allegedly worsened considerably, with detainees experiencing extreme overcrowding and limited access to essential rights, including food, water, electricity, medical care, family visits, and legal assistance.

Palestinian prisoner groups have repeatedly reported that Palestinians in Israeli prisons are being denied medical care, which pushes those jailed to the brink of death.

At least 10 Palestinians have died in Israeli prisons since Israel’s war on Gaza began, according to Palestinian news agency WAFA. But an investigation by Israeli daily Haaretz revealed that the number was actually at least 27. Rights groups put the number even higher.

Israel has intensified its attacks against Palestinians throughout the West Bank since October 7, when it launched a devastating war on the besieged Gaza Strip.

Since then, the Israeli forces and settlers have killed at least 459 Palestinians from the West Bank, with over 4,750 others sustaining injuries.

In the span of the past six months, at least 33,482 Palestinians, mostly women and children, have been killed in Gaza. The relentless violence has also resulted in the mass displacement of the 2.3 million people inhabitants of the Gaza Strip.

Concerns have been raised regarding the fate of those who have gone missing, as they may be trapped beneath the rubble or confined within makeshift Israeli prisons.

The significant number of Palestinian detainees remaining in Israeli prisons is a crucial role in truce negotiations between Palestinian resistance group Hamas and Israel.

About 130 of the 250 Israeli captives taken during Operation Al-Aqsa Storm are still in Gaza after a provisional truce deal in December saw the exchange of a number of prisoners between the two sides.

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News Network
April 7,2024

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Israel's relentless aggression against the Gaza Strip has now stretched over six months, and shows no sign of abating despite international calls for a ceasefire.

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 decades-long campaign of violence against Palestinians.

At that time, the Israeli regime said attacking Gaza had two goals: eliminating Hamas and bringing back the hostages taken by the resistance group to Gaza. None of them have been achieved so far.

About 130 of the 250 Israeli captives taken during Operation Al-Aqsa Storm are still in Gaza after a provisional truce deal in December saw the exchange of a number of prisoners between the two sides.

Death toll

The conflict in Gaza has taken a devastating toll on Palestinians, with over 33,200 people, including 13,800 children, having lost their lives in 180 days of war, according to the Gaza Ministry of Health.

On top of that, around 76,000 people have been wounded – about four out of every 100 people in Gaza. The Palestine Red Crescent Society said this week some 1,000 children in Gaza have lost one or both of their legs.

A record-breaking 176 UN staff members and seven foreign aid workers have been killed in Gaza since October 7.

The Israeli army has killed the largest number of journalists of any modern conflict and detained more than 24. More than 140 journalists have been killed during the six months of war in the Israeli military's raids, bombardments and missile attacks across the Gaza Strip.

The humanitarian situation in Gaza has worsened day by day as the Israeli army continues to prevent aid from reaching the region, resulting in starvation being utilized as a tactic of warfare as over a million are at risk of starvation, with international groups warning of an “imminent” famine.

At least 27 Palestinians have already died from malnutrition and dehydration, according to international NGOs.

Displacement

More than 80 percent of Gaza’s population (Over 1.9 million Palestinians) have been intentionally displaced as the Israeli military ordered Palestinians to “go south” from the start of the war.

Some 1.4 million people are believed to be sheltering in Rafah, a small city on Gaza’s southern border with Egypt which is being bombarded by the Israeli forces every day as they have left no safe zone for the Palestinians to live.

Infrastructure damage

The estimated $18.5 billion in damage has affected public service infrastructure, resulting in 26 million tons of debris and rubble.

Over 290,000 housing units, equivalent to 62 percent of all homes in Gaza, have been damaged or destroyed by the war, leaving more than a million people homeless.

Only a fraction of hospitals, 10 out of 36, are operational following severe damage, leading to overwhelming strain on their limited resources.

Al-Shifa Hospital, the largest medical facility in Gaza, has been left severely damaged and burned after enduring a relentless two-week-long siege. The compound, which witnessed the loss of at least 400 lives and the arrest of hundreds, now faces a dire situation.

With an acute shortage of medicine and healthcare professionals on the brink of exhaustion and starvation, the majority of patients in Gaza are unable to receive the treatment they desperately need.

The scarcity of resources has forced medical teams to carry out operations and amputations without the availability of anesthetic, further exacerbating the already dire circumstances.

Political resolutions

On March 6, South Africa filed an “urgent request” with the International Court of Justice (ICJ) and requested for additional provisional measures issued on January 26.

In January, the ICJ ordered Israel to refrain from any acts that could fall under the Genocide Convention and ensure its troops commit no genocidal acts against Palestinians in Gaza. Israel described the genocide allegation as baseless.

On Friday, the United Nations Human Rights Council adopted a resolution, calling for a halt to all arms sales to Israel, and for the regime to be held accountable for possible war crimes in the Gaza Strip.

Moreover, the UN Security Council adopted a resolution last month, demanding an “immediate ceasefire” for the Muslim holy month of Ramadan. The resolution is the first to be approved by the council after three previous attempts during the past five months of war were vetoed by the US.

Meanwhile, during the months of war, protests around the world have been held in support of Palestine, calling for an immediate ceasefire and halt to arms sales to Israel.

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News Network
April 17,2024

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Dubai: Dubai was slapped by heavy floods as the United Arab Emirates (UAE) was hit by extremely heavy rains on Tuesday. The desert city received over a year and a half's worth of rain in just a day even as heavy thunderstorms lashed other parts of the UAE.

Roads turned into rivers as they were filled up with water. Shopping centres like Dubai Mall and Mall of the Emirates were also seen flooding.

Schools across the UAE have been shut and are expected to remain closed on today as well.

According to a report by India Today, Dubai airport received about 100 mm of rain in just 12 hours on Tuesday and a total of 160 mm in the last 24 hours.

On average, Dubai receives about 88.9 mm of rain in a year, which concludes that the city received more than a year's rain in a day.

Dubai International Airport said on Wednesday it was experiencing significant disruption due to bad weather and was working to restore normal operations as quickly as possible.

Flights have been delayed or diverted and impacted by displaced crew, the airport said in a statement, adding that recovery would take some time.

Dubai's Emirates airline said that it was suspending check-in for passengers departing the airport from 8 am (0400 GMT) on Wednesday until midnight due to operational challenges caused by the bad weather and road conditions.

Dubai International was temporarily diverting arriving flights on Tuesday evening because of a storm, and operations were suspended for 25 minutes earlier in the day.

According to India Today, the airport stopped flight operations and issued a warning earlier today on X.

The Dubai International Airport requested the passengers to check their flight status.

Employees in Dubai have been told to work from home.

The UAE Government took to X and said, "Based on the directives of the Council of Ministers, it was decided to extend remote work until tomorrow, Wednesday, April 17, for all federal government employees, with the exception of jobs that require presence at the workplace, taking into account the weather condition that the country is going through."

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