Wednesday, March 9, 2016
Doccuments required for a 6 months work permit to work with a new company if your case in court
Doccuments required for a 6 months work permit to work with a new company if your case in court
Can a firm fire you without any previous warnings?
Recently, she was given a FINAL WRITTEN warning as she had provided feedback on a management query with regards to work timings – there was no verbal nor written warnings provided before this.
She was then asked to fulfill requirements on this written warning. A few days ago she was given a termination letter stating reasons of non-performance when she was given absolutely no warnings on performance, written or verbal.
When she requested the manager twice to allow her to read this letter and sign it later, he refused and used verbal force saying she was unable to leave the room without signing the letter.
The letter stated false information such as poor performance for September when she received praising emails and an increment in October!
I have two questions here: can someone be forced to sign a letter they do not agree with after specifically asking for time to read the letter?
Secondly, can the employer terminate an employee on performance without issuing ANY warnings on performance?
Milton, UAE
80% in dark over savings for post retirement
Staff Reporter/Dubai
Reuters file photo
Reuters file photo
The study carried out by the deVere Group, one of the world's largest financial advisory organisations, has found that 78 per cent of employees do not know how much money they need to fulfill their plans before they sought help of a financial adviser.
Almost 80 per cent of workers, including those in the UAE, underestimate how much they need to be putting aside for their retirement, according to a newly released research.
The study carried out by the deVere Group, one of the world's largest financial advisory organisations, has found that 78 per cent of employees do not know how much money they need to fulfill their plans before they sought help of a financial adviser.
"This is true across all incomes, working age brackets and nationalities," said Nigel Green, deVere CEO and founder.
"In the last few years, it has become clear that working age people do increasingly understand the need to save for their retirement," added Green.
"They know that the government won't be able to support them as it has done for generations before due to an ageing population and shrinking workforce. Also, they are aware of significant rise in living, health and care costs; that company pensions are less generous - if they exist at all - and that we're all living longer, meaning that accumulated funds need to go further."
"However, what is alarming is that the vast majority do not know just how much they will need to save. This black hole in the detail - not knowing how much they will need in something as fundamental as funding their retirement - is extremely concerning indeed."
The study carried out by the deVere Group, one of the world's largest financial advisory organisations, has found that 78 per cent of employees do not know how much money they need to fulfill their plans before they sought help of a financial adviser.
"This is true across all incomes, working age brackets and nationalities," said Nigel Green, deVere CEO and founder.
"In the last few years, it has become clear that working age people do increasingly understand the need to save for their retirement," added Green.
"They know that the government won't be able to support them as it has done for generations before due to an ageing population and shrinking workforce. Also, they are aware of significant rise in living, health and care costs; that company pensions are less generous - if they exist at all - and that we're all living longer, meaning that accumulated funds need to go further."
"However, what is alarming is that the vast majority do not know just how much they will need to save. This black hole in the detail - not knowing how much they will need in something as fundamental as funding their retirement - is extremely concerning indeed."
Tuesday, March 8, 2016
Salaries still expected to rise in some sectors in UAE
During uncertainty, some professions are deemed valuable than others and are likely to get pay hikes
Dubai: Some doom and gloom. That’s what employment market analysts have warned about amid low oil prices and tight liquidity.
Recruitment specialist Morgan McKinley had earlier forecast that most people’s pay slips won’t show any changes this year, as the outlook for 2016 is “highly uncertain”. However, a closer look at the company’s salary guide shows that there is still room for optimism on the compensation front.
Out of the 12 professional groups reviewed for the Morgan McKinley 2016 Salary Guide, at least six are predicted to see some financial boost.
Accounting and finance professionals, as well as those in the supply chain, manufacturing, sales and marketing, human resources and construction industries, can expect some wage adjustments in 2016 despite a slump in the economy.
Increments can range between 2 per cent and 6 per cent for most professionals, while those that are highly qualified and experienced can enjoy 15 per cent to 20 per cent increase in their income when they move jobs.
“We expect salaries to remain broadly flat. There are significant divergences around this forecast, however, with some sectors likely to perform better than others, leading to respective salary growth,” said Trefor Murphy, managing director at Morgan McKinley.
Accounting and finance
Salaries of accounting and finance professionals will likely go up by 4 per cent on average, above the forecast regional average of no growth or negative salaries.
“Individuals who are already based in the UAE can expect their salaries to increase by at least 5 per cent to 6 per cent when they move jobs, however,” wrote Vilius Dobilaitis, consultant at Morgan McKinley.
He noted that there is still optimism in the industry today, as the UAE government “has been able to maintain the majority of its fiscal policies and the delivery of its large-scale projects.”
“Businesses are therefore broadly confident about the region’s growth prospects in the foreseeable future. This optimism is set to benefit accounting and finance professionals, as UAE employers seek to reorganise their finance teams and improve systems and processes – all in anticipation of future expansion.”
Construction
If you think engineers and other skilled professionals are no longer in demand because there are fewer buildings and other infrastructure being built, think again. Despite tight liquidity, “highly skilled” construction professionals, particularly those with experience in the Gulf Cooperation Council (GCC) region, are still highly sought after.
In fact, in 2015 alone, salaries of employees in this industry saw their take-home pay rise by 5 per cent to 10 per cent. The increase was even implemented “across the board.”
“[2016] is likely to be a tougher environment, however, we expect salaries to increase by 2 per cent to 5 per cent,” the report said. “Given market conditions, employers are likely to take a more considered approach to hiring in 2016, but talented construction professionals should still find good opportunities in the market.”
Human resources (HR)
HR professionals can also expect some positive news, with their salaries forecast to increase by approximately 2 per cent to 5 per cent in 2016.
Ebony Thomas, Morgan McKinley’s manager for manufacturing, supply chain, engineering and HR for Middle East and North Africa, said companies are now keen on investing in a strong HR team to ensure they’re able to “do more with less” during times of uncertainty.
“During this time it’s common for stakeholders to ask their HR department to do more with less when managing human capital. Many of our clients, both multinational and regional, are investing in building a robust and efficient HR team as they know hiring and retaining the best people in this function will help the sustainability of the business during difficult times,” Thomas told Gulf News.
“This is why I believe that HR talent is still highly sought after and professionals working in this function can still expect a salary increment of 2-5% this year not only as a retention strategy but to show how much they are valued by their organisation.”
Supply chain
Salaries of supply chain and procurement employees are forecast to rise by four per cent to 6 per cent. The report noted that there is now a growing trend for procurement professionals to invest in neuro-linguistic programming courses and other psychology-based qualifications. “This is because having an in-depth understanding of human nature and behavior is seen as highly beneficial when negotiating,” the report said.
Manufacturing
The implementation of value-added tax on most goods and services in the UAE is expected to discourage some expatriates from working in the country. As a result, companies will have to work on their talent retention strategies, which can include offering higher pay.
Given the scenario, salaries among engineering and manufacturing professionals are forecast to rise by 4 per cent to 6 per cent.
“This is because employers will be looking to retain talent amid rumours that tax is going to be introduced in the UAE. The introduction of taxation would probably result in an exodus of expatriate talent since most foreign nationals are predominantly attracted to the UAE for its tax-free living,” the report said.
Sales and marketing
Companies now more than ever need the expertise of sales and marketing professionals to boost their profits. Employees with the right qualifications and skills can therefore expect to see a 4 per cent to 6 per cent increase in their wages this year.
“Economic growth, inflation and fiercer competition for talent means that salaries for sales and marketing professionals are expected to increase,” said the report.
Overall, Morgan McKinley predicted salary growth to drop below current levels or to remain flat for the year ahead.
More Clarification on Limited Contract..Nurses are exempted from any sort of ban
Q.Sir Nurses are exempted from ban even if I am cancelling in probation period ?
Ans.
It is assumed you are on a six-month probation period with your employer. Since you are on limited duration employment, you may have to compensate your employer with 45 days of remuneration in case you decide to resign. Article 116 of Federal Law No. 8 of 1980 on the Regulation of Labour Relations (Labour Law) 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 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 of the contrary."
It is assumed you are on a six-month probation period with your employer. Since you are on limited duration employment, you may have to compensate your employer with 45 days of remuneration in case you decide to resign. Article 116 of Federal Law No. 8 of 1980 on the Regulation of Labour Relations (Labour Law) 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 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 of the contrary."
Further, Article 128 of Labour Law states: "Where a non-national worker leaves his work without a valid reason before the expiry of a contract for a limited period, he may not, even with the employer's consent, take up other employment for one year from the date on which he left his work. It shall not be lawful for any other employer who is aware of the fact to recruit such worker or keep him in his service before the expiry of such period." It may also be noted that labour bans may not be imposed in cases where the employer and the employee have mutually agreed to the termination of the contract in accordance with Article 130 of the Labour Law which reads: "The provisions of article 128 and 129 shall not apply to a non-national worker who, before taking up other employment, obtains the authorisation of the Minister of Labour and Social Affairs with the approval of the original employer."
Subsequently it is advised that since you are a nurse holding a nursing degree, a labour ban may not be imposed upon you as nurses have been categorised in the list of professionals who may not have to face a labour ban. 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 of 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."
However, in the event, a ban is imposed, you may subsequently have it lifted on the basis of your qualifications. Also, you may have the ban lifted if your subsequent job provides you the required salary for non-imposition/lifting of a labour ban.
The salary requirement are in accordance with Article 4 of the Ministerial Order No. 1186 of 2010 which states: "As an exception to the provision of 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 in the first, second or third professional levels after fulfilling the conditions for joining any of these levels as per the rules of 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."
Change of mind after getting job visa? Stay put for 2 months
Question.
I agreed to a contract with a private company in Dubai. However, the prospective employer frequently changed the terms of the offer (after I signed it) and later realised that the offer letter I signed did not contain all the terms, as agreed, between us. Therefore, I cancelled the entire deal.
However, my prospective employer got my employment visa approved and I requested them to cancel the same. Despite several reminders and exchange of emails with them it my prospective employer has not cancelled my visa. According to my information, only the sponsor can cancel the visa. I am South African and have never entered Dubai before. My dilemma is how do I have this sponsor removed as it will interfere with any other employment offers I may receive. Also, I am interested in knowing if I will be banned from entering the UAE?
Answer.
Pursuant to your question, it should be noted that the General Directorate of Residency and Foreigners Affairs (GDRF) issues an employment entry permit, which is valid for two months from the date of its issue and an employee should enter UAE within the said two-month period. Upon completion of this period the said employment entry permit becomes invalid in case the employee does not enter the UAE. Since you have not entered UAE, you may obtain other employment offers in the UAE as upon the expiry of the validity of the current employment entry permit, any other employer may apply for your employment entry permit.
Pursuant to your question, it should be noted that the General Directorate of Residency and Foreigners Affairs (GDRF) issues an employment entry permit, which is valid for two months from the date of its issue and an employee should enter UAE within the said two-month period. Upon completion of this period the said employment entry permit becomes invalid in case the employee does not enter the UAE. Since you have not entered UAE, you may obtain other employment offers in the UAE as upon the expiry of the validity of the current employment entry permit, any other employer may apply for your employment entry permit.
Article 9 of Federal Law No. 6 of 1973 "Concerning Immigration and Residence" states: "Entry permission and visa shall be valid for use during two months and for a single entry."
You have not mentioned if your prospective employer is a free zone entity or it is an on-shore entity. Since, you have not taken up employment with your prospective employer there may not be any labour ban imposed on you, assuming this employer is a free zone entity. However, in case this employer is an on-shore entity your visa would have been approved first by the Ministry of Labour and subsequently issued by GDFR. You may contact Ministry of Labour in case this employer is an on-shore entity and GDRF in case this employer is a free zone entity, to further clarify your query.
People with old tuberculosis scars can get UAE visa
Residents will now also be tested for TB upon visa renewals -- which is currently only being done for new residencies -- but will no longer be deported if found suffering from active TB.
In a major shift in policy, UAE will now allow residents to sponsor their spouses, children and parents with old and cured tuberculosis upon approval by relevant authorities.
Residents will now also be tested for tuberculosis (TB) upon visa renewals -- which is currently only being done for new residencies -- but will no longer be deported if found suffering from active TB. At present, residents renewing visas are only tested for HIV/AIDS.
The new rulings are back dated and have come into effect from January 27.
However, policy remains unchanged for people with active or old TB who are applying for a UAE visa for the first time. Other rules also remain largely unchanged which means people applying for new visas and undergoing compulsory medical fitness testing under UAE laws will continue to be tested for HIV, TB, Syphilis, Hepatitis B&C and pregnancy tests for certain categories such as maids, salon workers, food handlers. If found suffering from any of these infectious diseases, they will not be allowed entry into the UAE as per the law. Workers in the above categories will continue to be vaccinated against Hepatitis.
His Highness Shaikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE and Ruler of Dubai on Thursday made amendments to the laws that were last changed in 2008.
Expat students enrolled with UAE universities, members of diplomatic corps and leading investors will be allowed to apply for a new visa even if they have scars from cured TB since they belong to the exempt categories that also include spouses, parents and children of current UAE residents.
However, UAE residents with active TB will be declared medically unfit upon visa renewals but will not be asked to leave the country as was being done earlier. They will instead be issued a one year visa with a medical certificate that mentions visa renewal subject to treatment.
The patient will have to make three consecutive visits to preventive health centres for free treatment follow up until cured. In case the person does not follow the treatment schedule, he/she will be declared medically unfit and could be asked to leave the UAE.
The move will benefit hundreds of thousands of people who have been writing to Khaleej Times asking if changes in the law were expected.
Many said they had to leave the country after their spouses were denied residence visas due to old scars. However, a major chunk who were afraid of seeking treatment due to the fear of being deported will also benefit from the changes.
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