To assist accommodate the present changes in the global market and to help in recovering Dubais and the UAEs as a whole, economies, the Ministry of Labour has issued numerous Ministerial Decrees, changing the UAE Labour Laws. The objective to these changes is to deal with the free movement of expatriates in the region and to ensure that their rights are a lot more severely upheld.
One of the new changes refers to the Wage Protection System that was established over the course of 2009-2010. In the event of non payment of wage all workers of private sector companies have the privilege to ring either the Ministry of Labours toll free number to anomalously lodge a complaint against their employer for unpaid salary or to report an on-line application with their labour card, direct to the Offices of Wage Protection. The Offices of Wage Protection would conduct an investigation into the establishment and why salaries havent been paid.
As from January 2011 all skilled and professional workers will be exempt from the requirement of getting a No Objection Certificate (NOC) from their employer to allow them to transfer their sponsorship and work permit. All skilled workers will be from January 2011 exempt from the six month labour ban. All other non-skilled workers would be needed to fulfill 2 years of employment before they to would be able to even change employer freely, without the requirement of a NOC. These changes must greatly increase the movement of the skilled work force but would continue to prohibit those without the needed education certificates. The changes come in conjunction to changes in fees for work permits and the decrease in length for which a work permit would be valid from three years to two years.
The above should not be confused however, with the twelve month employment bar that will still have effective, irrelevant of length of service or a NOC. This ban is placed on associates who violate their employment contract, such as leave a fixed term contract during it’s term.
These changes are essential to ensure that the labour market has the opportunity to spread their skills as necessary and to not penalize personnel who hope to move from companies whereby their treatment is far from perfect.
All personnel, of whatever, grade, standard or level ought to make sure that before contemplating entering into an employment contract or terminating an employment contract that they look for legal advice from a UAE Labour law specialist who would be able to advise them of their contractual risks or legal entitlements under the UAE Labour Law.