Friday, August 21, 2015
Monday, August 10, 2015
Sunday, August 9, 2015
Saturday, August 8, 2015
Friday, August 7, 2015
Thursday, August 6, 2015
UAE Labour ban can be lifted on basis of qualification
Certain professionals are exempted from imposition of a labour ban during change of employment from one employer to the other.
I am working on a limited contract period of two years on an engineer visa. I have been offered another job at a monthly salary of Dh10,000. I contacted the Ministry of Labour's call centre and was informed that I need a minimum salary of Dh12,000 to avoid a labour ban. Can you elaborate on the exact salary I need to avoid the ban?
It is presumed that your employment is subject to provisions of the Federal Law No 8 of 1980 on Regulation of Labour Relations and the consequent ministerial orders. Pursuant to your question, it may be noted that an employee who may terminate his/her employment before the completion of two years of continuous service, may not be imposed an employment ban if such employee is subsequently offered a salary in accordance with his/her professional qualifications.
This is in accordance with Article 4 of the Ministerial Order No. 1186 of 2010, which states: "As an exception to the provision of the Item No. (2) of Article 2 of this Resolution, the Ministry may issue a work permit to an employee without requiring the two-year period in the following cases:
(a) In the event that the employee is starting his new position at the first, second or third professional levels after fulfilling the conditions for joining any of these levels according to the rules in force at the Ministry, and provided that his new wage is not less than Dh12,000 at the first professional level, Dh7,000 at the second professional level and Dh5,000 at the third professional level..."
It is assumed that you are an engineering graduate and therefore you fall under the purview of first professional level, under which Dh12,000 monthly salary is required to take up new employment before expiry of your limited contract. Since you are working on an engineer's visa, it is assumed that your professional education certificates are duly attested as per the requirements of the Ministry of Labour.
In this regard, it may be noted that certain professionals are exempted from imposition of a labour ban during change of employment from one employer to the other.
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) Technicians operating on electronic equipment and laboratories
(g) Drivers who are licensed to drive heavy vehicles and buses."
Based on the foregoing, your prospective employer may apply for lifting the ban based on your professional qualification.
Changing jobs after renewing contract
I have been working as a specialist doctor in a hospital. I finished the first two-year limited period contract with my current employer, and six months of the renewed two-year limited period contract.
I want to know whether I can move to another hospital after serving a three-month notice period. Will I need a no objection certificate (NOC) from my current employer? Will there be a ban or any other legal sanction if my salary is more than Dh12,000 per month?
It is presumed that your employment is subject to provisions of the Federal Law No 8 of 1980 on the Regulation of Labour Relations (the "Labour Law").
Pursuant to your question, it may be noted that employees working under a limited period employment contract are not required to serve a notice period in accordance with the Labour Law. Further, in case of a limited period employment contract, both the employer and the employee may be liable to compensate the other party if either of them terminates the employment contract before the completion of the term of the employment contract, as stated below:
(a) In case of breach by the employer - the employer shall be liable to compensate the employee with three months of remuneration as stated in Article 115 of the Labour Law which states as follows:
"Where an employment contract is for a definite term and the employer revokes it for reasons other than those specified in Article 120 he shall be required to compensate the worker for any damage the latter sustains, provided that the amount of compensation shall in no case exceed the aggregate wage due for a period of three months or the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract."
(b) In case of breach by the employee - the employee shall be liable to compensate the employer for up to half the employee's remuneration for three months. This is in accordance with in Article 116 of the Labour Law which states:
"Where a contract is revoked by the worker for reasons other than those specified in Article 121, he shall be required to compensate the employer for any damage the latter sustains as a result, provided that the amount of compensation shall not exceed half a month wage for three months or for the remaining period of the contract, whichever is shorter, unless otherwise stipulated in the contract."
Further, the employee may not take up employment with the new employer for one year.
In case your current employer is willing to provide you the NOC to work with another hospital (employer) then the issue of labour ban shall not arise. But in case your employer is not willing to provide the NOC and wish to cancel your labour contract upon breach of labour contract by you, the Ministry of Labour may impose a labour ban on you.
However, in the event a ban gets imposed, your prospective employer may apply for lifting the ban based on your professional qualification 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' (as answered in the previous question).
Jailed in Dubai for a bounced check
Thanks for dropping by, I hope you'll spend some time to read my story... My name is Jerome, a Filipino working in Dubai, like the rest I got enticed on getting a credit card (I did not took a loan). My story is nothing different, I am not alone in this ordeal, there are many expatriates, even locals who are suffering from financial problems or police case filed against them due to a bounced check or security check that the credit card company ask you to sign for them to grant you a credit card which the credit card company deliberately encashed coz they know that there are no funds there as the account where that checque is tied is non-existing.
I came a point where the repayment have been difficult for me due to some personal priorities thus resulted in a case filed against me. I'm now having difficulty having my visa renewed and worst I am stuck here. I talked to my bank and tried to make both ends meet and they somehow agree that I will pay AED 10,000 for them to lift the case (that was really nice of them) I managed to pay AED3,000 and hopefully I can pay the same amount next month. (by the way my total outstanding is AED 35,000). I want to soldier on and finish this debacle that I put my self into and I hope you can extend a helping hand so that I can close this issue, have my visa and employment renewed, move on and and continue providing for my family.
I like UAE and I want to stay and work here, I don't want to be a runner and flee like what others did, I know many people have done that and that is the reason why those who opted to stay are bearing the grunt and weight of those who flee from their obligations here.
I have made a mistake in managing my finances and everyday I suffer from that mistake, i want to correct that mistake but at this point in time I am not in a position to do it on my own, I need your help and I will be very grateful to what ever support you can give me.
If you are generous enough, you can click the "Donate" button below, this action will donate US$1 to my paypal account which I will use to pay for my remaining credit card debts.
You can also click on the ads on my blog, this will help a lot as well.
Thank you very much.
Tuesday, April 10, 2012
Detention Experience
I spent time waiting to be detained inside the prisoner's visiting area in which I was locked inside together with a Sri lankan, an african (who can't speak english so I was not able to ask him his nationality), two pakistani, an Emirati (UAE local) and an indian.
I was sad and worried that time, the Emirati saw me and asked my why I am sad, so I told him my story,and he told me his story as well (he owes more money from the bank than i do). we exchanged a lot of stories and that helped me let time pass by and made me feel a bit relaxed.
1:30 PM GMT +4, lunch came, I think it was mutton curry and about 1 1/2 cups of rice, milk and a banana. I am hungry but did not have the appetite to eat so I did not take in any food, but I feel thirsty coz i haven't taken in water since I left my place that morning. but there's no water to drink, the sri lankan guy offered me a small bottled water, I took about 4 gulps from it, i think it should be enough, he offered me to drink more but I told him I am already ok (I wanted to take more but I know he needs the water too)
After 30 minutes, the indian wanted to go out as he wanted to go to the toilet, he was banging the steel door hard and he keeps on doing that and no police came to open it up, I asked the indian to stop banging and just tell from the door that he wanted to go to the toilet, he did not listen, he continued to bang the door then he got tired. I wanted to go to the toilet to coz i want to take a piss, I taped the door just to make an audible sound and said "Officer, can you give me a few minutes, I just have to go to the toilet as I can not hold my bladder anymore" a sound of relief came, it's the sound of the steel door being opened with a key. The heavy steel door opened up and I saw an officer wearing a local dress, I asked him, Sir, can I go to the toilet, I need to take a quick pee. he asked me Where I am from, I told him I am from Philippines, then he said ok pare (a filipino word for brother/friend) go. After taking a pee, I went back to the holding room, I saw the same officer who opened the door and he asked me with a smile, are your feeling better now? I replied "yes sir, a bit better now, thank you" then he let others to go to the toilet one by one then locked us back again. Then I talked again to the people inside the holding room and told the indian guy that all things can be granted if you ask politely. the indian guy smiled and everybody in the holding room broke a laughter.
6:30 pm GMT +4, I was called by the desk officer to deposit all my stuffs before they can bring me to my cell...First to go are my mobile phones then my wallet, followed by my belt, laptop, watch, jewelries, chargers, notebook, pens etc. All were accounted for and recorded on a blue paper in which a copy was given to me so that I can get them all once I go out (when will that freedom come? I have no idea that time). The officer who recorded my stuffs and performed body search was very nice too, he told me not to be scared and things will come to pass and once I am out, I should manage my self well and never involve my self in any trouble.
After depositing my stuffs, it's now time to bring me to my cell, thoughts keep runningin my mind, i was wondering, what kind of cell will i have? am I going to be isolated? a bed of my own? am I going to have a bed, blanket, food etc. I was walked by the officer togeteher with the sri lankan guy who offered me water. we took the elevator and disembarked at the 2nd floor. after a few steps, I saw the cell's door, I will be put in cell 3. I was wondering what awaits me inside. The officer opened the door, asked us to go inside then locked us up...
to be continued.....
I was in Jail for 16 days
Yes, I was in jail for 16 days because of a criminal case in Dubai, I did not kill someone or comittted any heinous crime, I have a bounced check case filed against me by a credit card company. It was a mistake on my end by not managing properly my expenses, whose to blame? It's only me, myself and I....no one else.
It was the 20th of March when I was arrested by a CID (Criminal Investigation Division) Agent, he went to my office, called me from my office ext., asked me to go to the reception and meet him, when he saw me, he asked for my name and after answering he politely asked me if I owe some money from a bank, I said yes, he then told me that I have a case filed against me and I should go with him to the police station somewhere in Deira. I was so damn scared when the CID officer broke his spiel on me. I was shaking like a magnitude 9 earthquake. I asked himif he can give me 5 minutes to pack my things up, he agreed to it. On my way back to my cube, I was dragging my feet, seems like my legs are frozen and it is difficult to walk. I was also entertainng thoughts of making a dash to hide, but I told my self that it won't be a nice move as it will just add trouble. So I took my things, packed them all in my bag and left the office. I rode inside the CID officer's 4x4, I was seated on the backseat. He's telling stories and asking me questions, he was very nice but I can not talk back that much 'coz I'm so scared...so scared that I wanted to drop dead that instant! Anyways, the officer is nice and didn't make any move to embarass me in front of anyone in my office.
We arrived in the police station, he handed me over to the department that handles bounced check issues, when I exited his vehicle, I thanked the CID officer for his prefessional and humane treatment. He waved his hands and told me to take care next time. In the office of the section handling cases similar to mine, they took details of my case, asked me questions and after an hour or so, after all the questions... A police officer escorted me to the detention. I was scared shit as it's my first time to be in such situation. I stood near the detention's front desk from 12 noon till 6:30 pm, It took them a lot of time before they brought me to my cell due to a number of people going in and out. I happen to see a lot of people from different walks of life, businessmen, employees, locals, expats, africans, asians, europeans, arabs...Some of them have check cases in hundreds of thousands, some of them in millions, some of them caught carrying drugs, selling liquor, causing public disturbance, overstayers...and my case...a bounced check for 35,000 dirhams where in 2/3 is already paid but still the bank has deposited the whole loan amount...technically invalidating all the payments I made....
to be continued....
I came a point where the repayment have been difficult for me due to some personal priorities thus resulted in a case filed against me. I'm now having difficulty having my visa renewed and worst I am stuck here. I talked to my bank and tried to make both ends meet and they somehow agree that I will pay AED 10,000 for them to lift the case (that was really nice of them) I managed to pay AED3,000 and hopefully I can pay the same amount next month. (by the way my total outstanding is AED 35,000). I want to soldier on and finish this debacle that I put my self into and I hope you can extend a helping hand so that I can close this issue, have my visa and employment renewed, move on and and continue providing for my family.
I like UAE and I want to stay and work here, I don't want to be a runner and flee like what others did, I know many people have done that and that is the reason why those who opted to stay are bearing the grunt and weight of those who flee from their obligations here.
I have made a mistake in managing my finances and everyday I suffer from that mistake, i want to correct that mistake but at this point in time I am not in a position to do it on my own, I need your help and I will be very grateful to what ever support you can give me.
If you are generous enough, you can click the "Donate" button below, this action will donate US$1 to my paypal account which I will use to pay for my remaining credit card debts.
You can also click on the ads on my blog, this will help a lot as well.
Thank you very much.
Tuesday, April 10, 2012
Detention Experience
I spent time waiting to be detained inside the prisoner's visiting area in which I was locked inside together with a Sri lankan, an african (who can't speak english so I was not able to ask him his nationality), two pakistani, an Emirati (UAE local) and an indian.
I was sad and worried that time, the Emirati saw me and asked my why I am sad, so I told him my story,and he told me his story as well (he owes more money from the bank than i do). we exchanged a lot of stories and that helped me let time pass by and made me feel a bit relaxed.
1:30 PM GMT +4, lunch came, I think it was mutton curry and about 1 1/2 cups of rice, milk and a banana. I am hungry but did not have the appetite to eat so I did not take in any food, but I feel thirsty coz i haven't taken in water since I left my place that morning. but there's no water to drink, the sri lankan guy offered me a small bottled water, I took about 4 gulps from it, i think it should be enough, he offered me to drink more but I told him I am already ok (I wanted to take more but I know he needs the water too)
After 30 minutes, the indian wanted to go out as he wanted to go to the toilet, he was banging the steel door hard and he keeps on doing that and no police came to open it up, I asked the indian to stop banging and just tell from the door that he wanted to go to the toilet, he did not listen, he continued to bang the door then he got tired. I wanted to go to the toilet to coz i want to take a piss, I taped the door just to make an audible sound and said "Officer, can you give me a few minutes, I just have to go to the toilet as I can not hold my bladder anymore" a sound of relief came, it's the sound of the steel door being opened with a key. The heavy steel door opened up and I saw an officer wearing a local dress, I asked him, Sir, can I go to the toilet, I need to take a quick pee. he asked me Where I am from, I told him I am from Philippines, then he said ok pare (a filipino word for brother/friend) go. After taking a pee, I went back to the holding room, I saw the same officer who opened the door and he asked me with a smile, are your feeling better now? I replied "yes sir, a bit better now, thank you" then he let others to go to the toilet one by one then locked us back again. Then I talked again to the people inside the holding room and told the indian guy that all things can be granted if you ask politely. the indian guy smiled and everybody in the holding room broke a laughter.
6:30 pm GMT +4, I was called by the desk officer to deposit all my stuffs before they can bring me to my cell...First to go are my mobile phones then my wallet, followed by my belt, laptop, watch, jewelries, chargers, notebook, pens etc. All were accounted for and recorded on a blue paper in which a copy was given to me so that I can get them all once I go out (when will that freedom come? I have no idea that time). The officer who recorded my stuffs and performed body search was very nice too, he told me not to be scared and things will come to pass and once I am out, I should manage my self well and never involve my self in any trouble.
After depositing my stuffs, it's now time to bring me to my cell, thoughts keep runningin my mind, i was wondering, what kind of cell will i have? am I going to be isolated? a bed of my own? am I going to have a bed, blanket, food etc. I was walked by the officer togeteher with the sri lankan guy who offered me water. we took the elevator and disembarked at the 2nd floor. after a few steps, I saw the cell's door, I will be put in cell 3. I was wondering what awaits me inside. The officer opened the door, asked us to go inside then locked us up...
to be continued.....
I was in Jail for 16 days
Yes, I was in jail for 16 days because of a criminal case in Dubai, I did not kill someone or comittted any heinous crime, I have a bounced check case filed against me by a credit card company. It was a mistake on my end by not managing properly my expenses, whose to blame? It's only me, myself and I....no one else.
It was the 20th of March when I was arrested by a CID (Criminal Investigation Division) Agent, he went to my office, called me from my office ext., asked me to go to the reception and meet him, when he saw me, he asked for my name and after answering he politely asked me if I owe some money from a bank, I said yes, he then told me that I have a case filed against me and I should go with him to the police station somewhere in Deira. I was so damn scared when the CID officer broke his spiel on me. I was shaking like a magnitude 9 earthquake. I asked himif he can give me 5 minutes to pack my things up, he agreed to it. On my way back to my cube, I was dragging my feet, seems like my legs are frozen and it is difficult to walk. I was also entertainng thoughts of making a dash to hide, but I told my self that it won't be a nice move as it will just add trouble. So I took my things, packed them all in my bag and left the office. I rode inside the CID officer's 4x4, I was seated on the backseat. He's telling stories and asking me questions, he was very nice but I can not talk back that much 'coz I'm so scared...so scared that I wanted to drop dead that instant! Anyways, the officer is nice and didn't make any move to embarass me in front of anyone in my office.
We arrived in the police station, he handed me over to the department that handles bounced check issues, when I exited his vehicle, I thanked the CID officer for his prefessional and humane treatment. He waved his hands and told me to take care next time. In the office of the section handling cases similar to mine, they took details of my case, asked me questions and after an hour or so, after all the questions... A police officer escorted me to the detention. I was scared shit as it's my first time to be in such situation. I stood near the detention's front desk from 12 noon till 6:30 pm, It took them a lot of time before they brought me to my cell due to a number of people going in and out. I happen to see a lot of people from different walks of life, businessmen, employees, locals, expats, africans, asians, europeans, arabs...Some of them have check cases in hundreds of thousands, some of them in millions, some of them caught carrying drugs, selling liquor, causing public disturbance, overstayers...and my case...a bounced check for 35,000 dirhams where in 2/3 is already paid but still the bank has deposited the whole loan amount...technically invalidating all the payments I made....
to be continued....
Tuesday, August 4, 2015
Sunday, August 2, 2015
Tuesday, July 21, 2015
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