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- Dubai Regulatory Environment
- Dubai Entry and Residence
Dubai
Regulatory Environment
Administered by
the Federal Ministry of Labour and Social Affairs,
Labour Law in the UAE is loosely based on the
International Labour Organisation's model. UAE
Law No. 8 of 1980, as amended by Law No. 12 of
1986 (the "Labour Law") governs most
aspects of employer/employee relations, such as
hours of work, leave, termination rights, medical
benefits and repatriation. The Labour Law is protective
of employees in general and overrides conflicting
contractual provisions agreed under another jurisdiction,
unless they are beneficial to the employee.
The Ministry issues
a model form of labour contract in Arabic which
is widely used, but other forms of contract are
enforceable, provided they comply with the Labour
Law. End of contract gratuities are set at 21
days pay for every year of the first five years
of service and 30 days for every year thereafter.
Total gratuity should not exceed two years' wages.
Employees are entitled to pro-rated amounts for
service periods less than a full year, provided
they have completed one year in continuous service.
Trade unions do
not exist. In the case of a dispute between employer
and employee, or in interpretation of the Labour
Law, the Ministry of Labour and Social Affairs
will initially act as an adjudicator, in an effort
to resolve matters. If a party wishes to appeal
any such decision it can take its case to court.
Strikes and lock outs are forbidden.
The normal maximum
working hours are eight per day or 48 per week.
However, these hours may be increased to nine
daily for people working in the retail trade,
hotels, restaurants and other such establishments.
Similarly, daily working hours may be reduced
for difficult or dangerous jobs. Many businesses
work on a two shift system (for example, 8am -
1pm and 4pm - 7pm). As in all Muslim countries,
Friday is the weekly day of rest. In practice,
commercial and professional firms work 40-45 hours
a week and government ministries about 35. The
weekend for office workers has traditionally been
Thursday afternoon and Friday, but a number of
organisations have changed over to a five day
week with Friday and Saturday as the weekend.
During the Muslim holy month of Ramadan, normal
working hours are reduced by two hours per day.
There are 10 days
of public holidays (paid) in any year. The employee's
annual leave is two days for every month if his
service is more than six months and less than
a year. In every completed year of service after
the first, an employee is entitled to 30 days
annual paid leave. This is in addition to public
holidays, maternity leave for women and sick leave.
Overtime is used
extensively and additional pay is required for
manual and lower ranking staff.
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Dubai Entry and Residence
The Naturalization
& Residency Department (DNRD) is the only
administrative authority responsible for issuing
visas to foreigners wishing to enter the UAE.
The visas issued by the Department differ in accordance
with the purpose of the visit of the foreign visitor.
Citizens of GCC
countries (Gulf Cooperation Council: Saudi Arabia,
Kuwait, Bahrain, Qatar and the Sultanate of Oman)
and British nationals with the right of abode
in the UK do not need visas to enter the UAE.
GCC nationals can stay more or less as long as
they like. Britons can stay for a month and can
then apply for a visa for a further two months.
The DNRD issues
different types of visas, which are listed below.
Applications for visas can be completed online
or at a DNRD office.
1) Transit
Visa
- Issued upon
arrival at the airport
- Airline sponsored
only
- Applicants
should have onward booking
- Should have
a minimum of 8 hour transit break
- Fees: AED165
2) 90
days long-term visit visa and 30 days short-term
visit visa for individuals:
2.1 In case of Personal sponsorship:
- Fees for 90
days AED1,120 (e-form), AED1,110 (DNRD), for
30 days AED620 (e-form), AED610 (DNRD)
- AED1,000 deposit
refundable upon departure
- Copy of Sponsor
passport
- Copy of Sponsored
passport
- Copy of Sponsor
salary certificate
- Proof of family
relationship
- Proof of travel
insurance
2.2 In case of
Establishments sponsorship:
- Fees for 90
days: AED1,120 (e-form) AED1,110 (DNRD), for
30 days AED620 (e-form) AED610 (DNRD)
- AED1,000 deposit
refundable upon departure
- Entry permit
application form with completed typed data
- Establishment
card and copy thereof
- Copy of the
Sponsored passport.
3 - 90
days long-term visit visa for companies
- Fees: AED1,120
(e-form) AED1,100 (DNRD)
- AED1,000 deposit
refundable upon departure
- Copy of establishment
card
- Copy of the
sponsored passport
- Copy of the
sponsor passport
- Traveler insurance
4 - 30
days short-term visit visa for companies:
- Fees: AED1,120
(e-form) AED1,100 (DNRD)
- AED1,000 deposit
refundable upon departure
- Copy of establishment
card
- Copy of the
sponsored passport
- Copy of the
sponsor passport
- Traveler insurance
5
- Tourist visa
- Fees: AED220
(e-form), AED210 (DNRD)
- Passport copy
of the sponsor
- AED1,000 deposit
refundable upon departure
A Multiple Visit
Visa can be granted after a normal visa has been
issued and used, and are an option for business
visitors who are frequent visitors to the UAE
and who have a relationship with a reputable company
in the UAE. Valid for six months from date of
issue, each visit must not exceed 16 days in total.
This visa costs AED320 (2011). The visitor must
enter the UAE on a visit visa and obtain the multiple
entry visa while in the country.
German citizens
(both tourists and business visitors) may apply
to the UAE embassy in Germany for one or two year
multiple-entry visa. No sponsor is required. The
maximum duration of stay should not exceed three
months a year. The visa fee is AED1,500 (2006).
US citizens may
apply to the UAE embassy in the US for one to
ten year multiple-entry visas. A sponsor is required
and the visa will be granted free of charge. The
maximum duration of stay should not exceed six
months per visit.
A Residence Visa
stamped on a passport proves the legal residence
of an expatriate in the country. This visa is
given to workers who have obtained work permits
or for relatives living with them permanently,
and additional documentation is required.
In 2003, Dubai,
and the United Arab Emirates (UAE), of which it
forms a part, started making a determined push
to increase the participation of locals in the
work-force under a policy known as 'emiratisation'.
Just 30% of the
Dubai Internet City's (DIC) workforce at the time
were UAE nationals. "The DIC also has a strategy
to increase the percentage of national workers,"
said Dr Omar bin Sulaiman, CEO of the City.
However, in June
2005, the body responsible for administering the
emiratisation program, Tanmia, warned that the
UAE will deny work permits and entry visas to
firms that do not comply with their prescribed
quotas.
The Board of Trustees
of the National Human Resources Development and
Employment Authority, chaired by Dr Ali bin Abdullah
Al Kaabi, Minister of Labour and Social Affairs,
decided at a 2005 meeting to step up measures
to deny firms not complying with the prescribed
emiratisation quotas.
Studies conducted
by Tanmia suggested that in the banking sector
only seven of the banks operating in the UAE had
achieved their 2004 Emiratisation target of 4%;
that over 19 banks registered a gap of over 10%
between the targeted and realised levels; and
that the overall emiratisation percentage realised
by the sector was 27.6%.
In the insurance
sector, only one out of the 46 operating firms
achieved the prescribed quota (5%) and that the
nationals accounted for only 5.3% of the sector's
overall work force in 2004. Practical steps were
agreed upon in the meeting to accelerate implementation
of the Cabinet resolutions in order to reverse
the modest results.
The main focus
of Tanmia's meeting was on Emiratisation in the
various sectors of the UAE economy. The meeting
discussed progress of implementation of the Cabinet's
resolutions on 2005 employment quotas in the private
sector including banking sector (4%), insurance
companies (5%) and in trade companies employing
50 workers or more (2%), and on the full Emiratisation
of executive, administrative, clerical positions
(and business ownership) of travel and tourism,
manpower supply and real estate agencies.
In late 2005 and
early 2006, it emerged that the Labour Ministry's
PR Officers' campaign had imposed 1,200 PROs on
larger companies in the Emirate.
Most of the nationals
were hired after the Labour Ministry enforced
a decision from January 2 that the 2,700 companies
with more than 100 workers had to hire a national
PRO. Companies that do not are unable to process
their transactions at the Ministry.
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