12/18/2010

gulfnews : New work permit rules to apply in

Dece mbe r 18 2010 | Last updated 2 minutes ago

gulfnews.com
UAE | Employment

New work permit rules to apply in UAE from 2011

The resolution says that t he new employment permit will only be granted to the worker after the end of his work relationship with his employer
WAM Published: 15:56 December 18, 2010

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Once operational, the new rules w ill replace the current formalities of tr ansfer of sponsorship f or expatriate w orkers

Image Credit: MEGA N HIRONS MAHON/Gulf New s

Abu Dhabi: An employee with an expired contract can obtain a new work perm it and m ove to another employer without the pas sing of the currently legitimate s ix-month period and consent of his spons or, according to a new resolution iss ued by Saqr Gobas h, the Minister of Labour. The new regulations on conditions and criteria of iss uing new work perm it for a w orker after the expiry of his s ervice contract and transfer of s ponsors hip will take effect as of January 1, 2011 in im plem entation of the Cabinet resolution No 25 of 2010 regarding internal work perm it at the Ministry of Labour. Once operational, the new rules will replace the current formalities of trans fer of s pons orship for expatriate workers . The res olution says that the new employm ent perm it will only be granted to the worker after the end of his work relations hip with his em ployer without consideration of the legitim ate six m onth period which is usually calculated after the cancellation of the workers labour card, but s tipulates tw o mus t-do conditions:

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12/18/2010

gulfnews : New work permit rules to apply in

1. The two contracting parties m ust have ended their w ork relations hip cordially 2. The worker should have worked with his employer for at least two years the duration of the new labour card which will be is s ued by early January. The res olution defines two cases where the worker can obtain the new w ork perm it after the end of the contractual relations hip without the agreem ent of the two contracting parties: 1. When the em ployer fails to honour his legal or contractual obligations 2. In the condition of expiry of work relations hip where the w orker is not respons ible for it, but there is a com plaint filed by the worker agains t his firm . In this cas e, an ins pection report s hould prove that the firm has been out of bus iness for m ore than two m onths and that the worker has reported to the m inistry. The labour dis pute s hould have been referred by the m inis try to the court provided that the court hands out a final verdict ordering the em ployer to pay to the worker s alaries of at leas t two m onths in com pens ation for the arbitrary sacking or term inating of the contract prem aturely, or any other rights . The res olution also defines three cases where the w orker s hall have the right to get a work permit without fulfilling the condition of working at least two years with the employer: 1. When joining his new job, the worker should be class ified in the firs t, s econd or third profes s ional clas s and that his salary s hould not be less than Dh12,000; Dh7,000; and Dh5,000; if he is in the firs t, second and third class res pectively. 2. N on-com pliance of the employer with legal and labour obligations towards the worker or in the cas e where the worker has no role in term inating the work relations hip. 3. Trans ferring the w orker to another firm the employer owns it or has s takes in it. Gobas h said the new m eas ures aim to infuse broader flexibility in the labour m arket and s trike a balance in the contractual relationship between the em ployer and worker. The m inistry will only interfere in the em ployer-worker contractual relations hip if it detects infringem ent in obligations stated in the labour contract, he s aid, affirm ing the m inis trys determ ination to guarantee rights of both parties legally. Giving the private s ector more freedom of m ovem ent will have autom atic impact on employers by the way of preserving their interests through creating m any options for recruiting s killful workers as per the supply-dem and equation, Gobas h added. He s aid the new measures were subject to dialogue and cons ultation w ith local s takeholders in im plem entation of directives of the w is e leadership for crafting policies and legis lations that fit well into the developments in labour m arket and curb any m alpractices . The new regulations cons titutes key elem ents of labour reform s which part of them have already executed and the other parts will be in place in the near future, he s aid. These m eas ures , he s aid, w ere expected to play a m ajor role in advancing efforts towards creating an efficient labour m arket and s harpening com petitiveness and transformation tow ards a knowledge-driven econom y.

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