Thursday, 10 March 2016

An Asian man has been ordered deported from the UAE after he was found guilty of insulting another man through WhatsApp.

A court in Umm Al Quwain convicted the unnamed man and ordered his deportation, prompting him to appeal the sentence.
The Court of Appeals again found him guilty and ordered his deportation from the UAE on charges of insulting another friend by sending him abusive messages via WhatsApp.
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“These offences are easily done through social networks but they include tough punishment…those who think of making such offences must think twice,” said Ibrahim Al Ali, chairman of the UAQ Appeals Court.
“The UAE is a country of institutions that respects the freedom and dignity of all people …it is an example in enforcing justice and preserving rights.” 
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80% in dark over savings for post retirement

Staff Reporter/Dubai
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.
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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."
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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."  
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."

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Better Don't sign for Limited Contract

UAE worker who breaks terms of limited contract liable to compensate employer
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Question 
I am in the fourth year of a limited contract with a big company and am about to end my contract this month. If I renew my contract but decide to resign any time this year, will I still get my gratuity pay for the previous four years? JR, Abu Dhabi
Answer
In the field that JR is working in, it is usual to be on a two-year fixed contract, which is renewed each time by mut­ual agreement. Either party can terminate at the end of the two-year period without prejudice. If, however, JR renews her contract for a further two-year period but wishes to resign before the end she will suffer penalties. An employee who breaks the terms of a fixed or limited contract is liable to pay a specified amount per Article 116 of UAE Labour Law, which states: “If the contract has been terminated on part of the employee … the employee becomes liable for compensating the employer against losses incurred by him in consequence of contract termination, provided that the amount of compensation may not exceed half a month’s pay for a period of three months or for the remaining period of contract, whichever is shorter, unless the terms of the contract provide otherwise.” Furthermore, the end of service gratuity is forfeited should an employee break a fixed contract having been employed for fewer than five years. Article 138 states: “If an employee under a contract with limited period leaves his work at his own option before the end of the contract period, he shall not be entitled to end of service gratuity unless the period of his continuous service exceeds five years.” Given the situation, JR would be better off not renewing a contract for a further two years, or should wait until she has completed a full five years to ensure she at least receives the gratuity payment, although a penalty would still apply.
The advice provided in our columns does not constitute legal advice and is provided for information only. 
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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 realized 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?
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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.
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.
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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.
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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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Dubai Miracle Garden

The Dubai Miracle Garden (In Arabic: دبي معجزة حديقة) is a flower garden located in the district of Dubailand, Dubai, United Arab Emirates. The garden was launched on valentine's day in 2013. The garden spread over 72,000 square meters making it the world's largest natural flower garden featuring over 45 million flowers planted.

The Miracle Garden contains special vertical and horizontal landscaping designs, each area has special design. The Miracle Garden contains different types of flowers, some flowers are planted first time in the Gulf Region, the garden contains more than 45 million flowers.
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In April 2015, the garden was awarded the Moselle Award for New Garden Experiences of the year by the Garden Tourism Award 2015.

Garden Instructions
1- Please keep the area clean .
2- Children are the responsibility of accompanied adults .
3- Ball playing , cycling and barbecues are not allowed .
4- The pets are not allowed .
5- Management shall not be held responsible for personal accidents.
6- Sitting is allowed only in the designated areas .
7- Flower picking is not allowed .
8- Any damages arising due to negligence or non – compliance with the mentioned instructions shall be sole responsibility of the visitor and their companions.
9- Please use proper passages , walkways and exits allocated for such use.

Garden Timings
During week days
The garden will open daily from 9 a.m. till 9 p.m.
During weekends and public holidays
The garden will open daily from 9 a.m. till 11 Midnight.
Entry Fee
-Adults and children 3 years and above 20 Dhs. Entry Fee
-Children below 3 years of age FREE no Entry Fee

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