Showing posts with label articles. Show all posts
Showing posts with label articles. Show all posts
June 25, 2019

UAE Visa Guide for Expats, Tourists and Investors

March 28, 2019

Passport Law in UAE: How to avoid Passport Holding

Holding passport of employee is illegal in uae

Rules of passport law in UAE to be share in this guide, as per UAE law for passport keeping, holding passport of employee is illegal in UAE and the employer can be fined up to 20,000 dirham’s or three years of jail term.

Passport Law in UAE:

According to UAE labour law, advocates and legal consultants, employee passport cannot be submit to anyone unless upon order of public prosecution or court only.

The officials in UAE government have repetitively stated that no employer (company) should retain (keep) an employee’s passport, according to Mr. HUMAID BIN DEEMAS AL SUWAIDI, the assistant undersecretary of labour affairs at MOHRE explains the UAE passport law:

“The confiscation of passports is an illegal procedure as the passport is a personal document and is considered the property of the country which issued it, he more added “passports should not be confiscated until there is a court ruling stipulating that or in accordance with judicial or public prosecution orders”.

Orders of MOI (Ministry of Interior):
As per 2002 decree by moiuae: "As the passport is a personal document and as the law obliges its owner to keep and show when required by the governmental authorities, it is not allowed for any party to detain the passport except by the official parties with a judicial order and according to the law. Consequently it will be considered as an illegal action to detain the passport in UAE except by the governmental parties."

International Passport Rules:
Holding passport of employee without his/her permission is not only the violation of UAE law but it also violates the rules of International Labour Organization (ILO) Convention on the Abolition of Forced Labour, to which the UAE is a signatory.

Holding Employee Passport after Cancellation:
Employer cannot hold worker passport after cancellation in both resignation or termination case, as the employer can only hold it for a limited period for the purpose of visa process either it is visa pasting or visa cancellation, employer should give your passport to you after completing visa process.

Fine for Holding Passport of Employee:
A case of passport confiscation in UAE would cost between 5000 AED to 20000 AED for the employer. The offense carries imprisonment of up to three years and/or fine amounting up to 20000 AED.

Can we Demand our Passport from Employer?
Yes you can, since it is illegal for company to keep employee passport except for the purpose of visa pasting, visa renewal or visa cancellation, you can claim and demand your passport from employer.

You have now enough knowledge about passport holding rules in UAE, when your employer ignore to give back your passport, you first need to tell them that holding passport of employee is illegal in UAE as per UAE labour law, show them the reference, request them politely, if they still ignore follow below legal steps.

Complaint for Holding Employee Passport in UAE:
If your employer refuses to return your passport after completion of your visa process, you can register a complaint at Ministry of Labour (mohre) through their website or by dialing the hot-line 800665 or you have an option to file a police case or court case.


“In case where an employer has confiscated the passport of an employee under any pretext, the employee has the right to go to court, according to the stated procedures.
“The UAE laws and jurisdictions guarantee the expatriate worker’s right to go to court. The UAE courts have issued many verdicts that obliged the employer to return the employees (worker) passport and to pay the court cost.

Think before Complain:
First try to convince your employer and tell him about your intension of complain because once the employer know about your complain he may react to it in an unpleasant manner.
If you are uncomfortable about facing such a situation, you may hire a lawyer before complain or read this guide before complaining against employer, it will definitely help you.

Precautions before Signing Job Offer Letter:
If you really want to avoid the retention of holding passport by companies in UAE ask the interviewer, hiring manager or directly the owner about their policy on detaining employee passport before signing the offer letter or employment contract, if they have a policy to hold employee passport, you can simply negotiate the job offer.

Why mostly employers still detain passports?
This is the sad fact despite knowing passport law in UAE many employers still hold the passport of their employees, another sad fact that this passport holding decree is not implemented seriously; I think every policy and rule must be enforced for it to be effective.

The question which is raised by employers is “why employees do not ask us before the visa process”, they mostly demand their passports after visa pasting, employers are right at this point and yes it is employee’s mistake as we mentioned in above precautions, it is better to ask before signing offer letter about company’s policy for holding passports, but I will not blame a job seeker for this because he/she badly need job to survive hence they come to UAE to work, to save money.

So, after knowing everything about passport holding in UAE, what is the most effective way in-order to avoid this issue? The answer is to take written document with sign and stamp from your employer mentioned clearly that they are holding your passport for safekeeping.
Such document should also mention that they will return the passport if required at any time.

Your employer may say verbally that he will return the passports back to you after visa processing, DO NOT BELIEVE until you have a good reason to do so.

Any other way to Avoid Passport Holding by Employers?
You can do this by contacting your embassy to report the illegal holding of your passport by your company and try to get a letter from your home embassy or consulate in UAE saying that unauthorized people or organizations should not hold your passport as per passport rule in UAE.

You can also deposit your passport with your home country embassy for safekeeping with receipt, and can take back at anytime.

If you want government authorities to review or look back again at the decree of Passport Law in UAE, we want you to share this guide, the more it went viral the more effective it will be.
March 27, 2019

Annual Leave in UAE as per UAE Labour Law

Annual leave in UAE as per UAE Labour Law

This is the right of employee to get Annual Leave in UAE as per UAE Labour Law, and this is everybody wish to get call for their annual leave at the end of their yearly service for the company.

Annual Leave in UAE:

We encourage everyone to learn more about your rights regarding leave salary calculation in UAE in-order to respond to your company HR, PRO or Management decisions on your benefits provided by Government.

Annual Leave for Dubai Government Employees :
The government employees working in Dubai will get 12 types of leaves from January 2019, according to the new human resources law.
The new law obligates the managers to respond to leave requests within 10 days.

According to a report the new leaves are
1: Annual leave,
2: Sick leave,
3: Maternity leave,
4: Paternity leave,
5: Mourning leave,
6: Leave for death-related events,
7: Haj vacation,
8: Participation in events,
9: Accompanying sick leave,
10: Leave for partner, study leave,
11: Leave without pay,
12: Leave for national service and reserve.

What are the days of Annual leave Holidays in UAE?
Generally, company allow the 30 days to employee but some companies has linked annual leave days to the working grades:

30 working days for staff 12 and above,
25 working days for grades 4 to 11,
18 working days for grades 3 or below.

What is Annual Leave and who is Entitled for it?
Annual leave is a paid time off work granted by companies (employers) to workers (employees) to be used for whatever the employee wishes.

Please clear that a person who is working (full time work) under UAE LABOURS LAW is entitled to Annual Leave and it is a basic right of every worker written in various UAE Labor Law Articles.

Article 75 stated: “Employee is entitled for 30 days annually if his service exceeds one year. At the end of the service the employee is entitled to an annual leave for the fraction of the last year he spent in service”.

Do we entitle for air ticket as per UAE Labour Law?
The most important aspect and the mostly asked question by our readers is that “do we entitled for air ticket after completing 1 year of Service? The answer is NO. The company is not liable to pay air ticket to the employees by completing 1 year of service, but the rules are change upon the expiry of employment contract.

When an employee completes the employment contract (2 year or 3 years) and there is no intention to renew the contract, the company should provide the air ticket to the employee’s home country.

This is mentioned in the Article 131 of the UAE Labour Law “Expenses for repatriation of an employee to his place of origin or any other place agreed upon by both parties shall be borne by the employer. If the employee after the end of his contract takes up employment somewhere else, repatriation expenses upon termination of his service shall be paid by the last employer subject to the provisions in the preceding clauses, and if the employer has failed to repatriate the employee and has not paid the repatriation expenses, the competent authorities shall do this at the employer’s expense by way of attachment. If the cause for termination of contract is attributed to the employee, his repatriation will be arranged at his own expense if he has the mean to pay”.

Who decides when to go on annual leave, Company or Worker?
If you are employee (worker), you could decide when your annual leave starts. However, employer (Company) can change or divide your Annual Leave if the exigencies of work necessitate.

Article 76 stated: “The employer may at his discretion determine the date for commencement of annual leaves and, when necessary, he may decide to divide the leave in two parts at the most, except in cases of juveniles where vacation may not be divided in parts”.

When we will be paid and what are we entitled for?
UAE Labour Law clearly states that every Employee should get his/her annual Leave once his/her service exceeds 1 year. After one year of service, employee is entitled for full Salary before taking his/her Annual Leave.

Please note many companies are in violation of UAE Labor Law by paying only salary, you should be paid both your normal salary + Annual Salary.

Article 80 stated: “Annual leave shall be paid to the employee before taking his annual leave, the employee shall be paid his full wage, plus the wage of his leave days he deserves according to the provision of this law”.

What if there are public holidays during Annual leave?
In case of any official or Public holidays announced by Government during the Annual Leave, those days should be treated as part of Annual Leave.

Article 77 stated: “The calculation of duration of annual leave shall include holidays specified by law or by agreement, or by any other day because of sickness if they fall within the leave and shall be deemed to be part thereof”.

What if Employee get sick During Annual Leave?
In-case if worker is on leave and falls sick, he/she first report his/her company HR, PRO or Management about illness through Email or Fax as a record which can later be used in legal cases.

Article 82 stated: “If the employee falls sick for reasons other than labour injury he must report his illness within a period of two days at most and the employer must take necessary measures having him medically checked up to ascertain illness”.

What if someone couldn't come back to work within given holidays?
If an employee (worker) delayed the rejoining or couldn't come back to work after Annual Vacation due to family or other issues, he/she will not be entitled for any pay for the days he/she absent.

Article 89 stated: “Subject to the provisions herein contained, every employee who does not report to duty immediately after expiry of his vacation, he shall be deprived of his pay for the period of absence commencing from the day following to the date on which the leave has expired”.

Can employee be fired during annual vacation?
An employee working in any state of United Arab Emirates cannot be terminated by Company from his services while he/she is on annual leave.
If an employer (company) does dismiss a member of his staff while he/she is officially on leave, it may be considered an arbitrary dismissal and the affected employee can take course to legal action against company.

Can i work for another company during my annual leave?
No, you are not allowed to work for another company during your Annual Leave or Vacations.

If you get caught while working for another company, your Company/Employer or Sponsor has the right to terminate your service without any notice and you will be given any gratuity pay etc.

What if worker worked during Annual Leave Holidays for the same company?
As per Ministry of Labour Article 78, “if Employee made to work during his/her Annual Leave Holidays, he/she should get paid in cash on basis of his/her basic salary”.

Can I have entitled for Sick Leave during Probationary Period?
As per UAE LABOUR LAW Article 83 “During the probationary period, the employee is not entitled to any paid sick leave, If the employee spends over three months after completion of the probationary period, in the continuous service of employer, and falls sick during this period, he becomes entitled to a sick leave not more than 90 days either continuous or intermittent per each year or service, computed as follows:

A. The first 15 days with full pay.
B. The next 30 days, with half pay.
C. The subsequent period, without pay.

Article 78 Stated: “However if the exigencies of work necessitate that the employee works during his annual leave in whole or in part, and the period of leave during which he has worked, has not been carried forward to the next year, the employer ought to pay him his wage in addition to cash in lieu of leave for his working days based on his basic pay”.

Is worker eligible for Housing and Allowances during Annual Leave?
Yes, Employees are entitled for Basic salary and Housing allowance during annual leave.

Article 78 stated: “An employee shall be paid his basic wage plus the housing allowance, if applicable, and any other allowances which he receives in the normal working month.

Hopefully you’ve found this Annual Leave guide for leave salary calculation in UAE very helpful, we will be happy to answer your questions regarding UAE Annual Leave as per UAE Labour Law, you can use below comment box for your queries.
March 25, 2019

Gratuity Calculator UAE as per UAE Labour Law

Gratuity in uae, Gratuity for Housemaids in uae, gratuity for maids in uae, gratuity for domestic workers

Gratuity Calculator UAE 2019 to be share in today’s guide, according to reports only seventy percent of employees are getting gratuity in UAE and it may be because of less info about end of service benefits.

So, let's learn about the calculation of your end of service gratuity.

Important point before calculation is to know your contract type, if it is limited term contract or unlimited term contract, because gratuity in UAE depends up to your contract type and is based on the reason for end of service either it is Resignation or Termination?

What is the difference between Resignation and Termination?
Resignation means if employee (worker) quit or leave job before completing his/her contract while Termination means where company (employer) terminate (cancel) an Employee.

Gratuity in UAE will always be calculating by basic salary of worker.

Limited Contract Gratuity:

No Gratuity without Completing Limited Contract:
It is clearly mentioned in UAE LABOUR Law Article 138 that if employee has not completed his/her limited contract period as signed in agreement, he/she will not be eligible for any gratuity.

In simple words, if someone signed a limited term contract which mostly is for 2 years or maximum 3 years but resigned after 6 months, 12 months, 14 months or without completing the contract, company will do not pay any gratuity to that worker.

Gratuity for 1-5 Years of Service:
If you have completed your limited contract and it is within 1 to 5 years, you are entitled for 21 day’s basic salary wage for every single year of work.

Gratuity for 5 Years of Service:
If you have completed 5 years of continuous service with your company and have resigned, then for the first 5 years of work you are eligible for 21 days’ basic wage & for the service above 5 years, you will get paid 30 day’s basic wage for each year of service.

What if Company Terminates the Employee under Limited Contract?
In case you have been terminated by your Company and you have not completed your 1 year yet, you will not eligible for any gratuity, but if you worked with the company for more than 1 year and less than 3 years, you will get 30 days of basic salary for No. of years your served before termination.

Unlimited Contract Gratuity:

No Gratuity for less than one year of service:
Please keep in mind that gratuity in UAE is only applicable when an employee completes 1 year of service with a company, so as per UAE LABOUR Law Article 132, Section 2, if worker resigns with less than a year of service, he/she will not get any gratuity.

Gratuity for more than 1 & Less than 3 Years of Service:
If worker resigns and he/she worked between 1-3 Years, he/she should take 1/3rd of 21 days of basic salary for each year of employment.

Gratuity for more than 3 & Less than 5 Years of Service:
If worker resigns and he/she worked for more than 3 years but less than 5 years, he/she should take 2/3rd of 21 days for each year of work.

Gratuity calculation for more than 5 Years of Service:
If worker is resigning under unlimited contract after 5 years of continued service, the worker should take 21 days basic salary for every year he/she worked and the 30 days basic salary for additional years after completing 5 years.

What if Company Terminates the Employee?
In case of unlimited contract where the company terminates the worker, 21 days of wages from minimum 1 and maximum 5 years should be paid to Employee, if employee worked for more than 5 years, he/she will be eligible for 30 Days of Basic wage for each year of his/her service.

Online Gratuity Calculator UAE:

Many asked us about how to calculate gratuity online, to calculate your gratuity online using gratuity calculator uae 2019, please follow below formula and links as per your contract types.

UAE Gratuity Formula:

Gratuity Formula 1:
Basic Salary ÷ 30 (days in Month) x 21 (basic salary days) x 2 (years of service)
Example:  3000 ÷ 30 x 21 x 2 = 4200

How it Works?
3000 ÷ 30 = 100 your daily Wage is 100 AED
100 x 21 = 2100 so, your 21 days of basic wage is 2100.
Now Multiply your basic wage with the No. of years you work : 2100 x 2 = 4200

Gratuity Formula 2:
Basic Salary x 21 days x No. of years of service / 30
Example: 3000 x 21 x 2 /30 = 4200 AED 

If there is any dispute between worker and company for gratuity payment or amount payable to the company, such case should be put to the Labour office (MOHRE/free zone) for investigation.

Frequently Asked Questions about UAE Gratuity Calculation 2019

Q: Can company deduct any payment from the gratuity payable to the worker?
Yes, the company (employer) may deduct any amount due and payable to the employee (worker) to the employer (company) from his/her gratuity payment and pay for the balance to the employee.

Q: Shall an employee be entitled to gratuity if he/she died?
Yes, in the event of a worker’s death, the employer (company) must pay the end-of-service gratuity to employee beneficiaries (heirs).

Q: What is the maximum Gratuity that we can get?
As per UAE LABOUR LAW, Article 132, maximum gratuity amount for employee cannot exceed 2 years’ gross salary.

Q: What is the worker entitled to at the termination of his/her contract?
The worker (employee) at the termination of his/her employment contract will be entitled for to the following:

1: A notice period, or any amount due in lieu of the notice period, only in case of unlimited contract.
2: Compensation (payment/reward) for the unreasonable dismissal if the contract was terminated by the company (employer) for unreasonable cause, only in-case of unlimited contract.
3: If employee is working under limited contract, compensation equivalent to the period until the end of the contract, or three month's salary whichever is greater.
4: Payments equivalent to the balance of unutilized leave or any part thereof.
5: Payments for overtime or any other pending balance or salary.
6: End of service benefits, gratuity.

Q: Can I get 3-month salary in case of termination?
Yes, if you are terminated for reason other than mentioned in UAE LABOUR LAW Article 120, you are eligible for 3 month’s compensations.

Q: Will absence be calculated in Gratuity?
The day of absence from work without pay shall not be included in calculating the time period of service. However, if the employee (worker) completed 1 year in service he/she will be entitled to a gratuity for the fraction of the year proportional for the part of the year he spent in company if he has completed 1 year in continuous service.

The guide about gratuity calculator uae 2019 as per UAE Labour Law ends here, feel free to ask your questions in below comment box regarding gratuity in UAE.