The Labor Ministry is preparing an executive regulation and mechanism for the implementation of nationalization programs for companies. The ministry is expected to specify the percentage of nationalization required to be met by companies for their classification into A, B or C categories. The Cabinet has approved on 19 July the following classification of companies, according to the percentage of their work force belonging to the same nationality: firms with 30 percent or less are under category A, while those with 31 to 74 percent are under category B and those under category C are firms with over 75 percent of staff having the same nationality.
A three-member delegation from Bangladesh is headed for the UAE to help identify Bangladeshi children from among the 500 child camel jockeys currently being cared for at a government shelter under the Interior Ministry. UNICEF is assisting the repatriation of children trafficked to the UAE to work as camel jockeys. The practice of using child jockeys in camel races has since been banned by the UAE government.
Labor officials in Abu Dhabi have issued a warning to its local press to publish only commercial advertisements on labor recruitment that follow the provisions of the country’s labor laws. Officials were referring to a recent advertisement in a local newspaper seeking a qualified person of British, Australian or American nationality for the post of general manager. According to an official, the ad should not have specified a nationality requirement for the post since, under the law, priority employment should be given to national cadres; only when there are no national employees available should companies hire foreigners.
Labor Minister Dr. Ali bin Abdullah Al Kaabi has clarified that the new sponsorship transfer system would take into account past transfers. Hence, employees who have already used up the allowable number of sponsorship transfers can no longer avail of the new system. Under the new law, workers with post-graduate degrees must serve their current sponsor for at least one year; the corresponding duration is two years for those with a bachelor’s or equivalent degree, and three years for all other workers. The law allows exemptions to the time period requirement provided the new sponsor paid Dh 3,500 and other transaction fees. However, the minister still has to clarify who would be eligible for the exemption. The ministry has also decided to temporarily suspend sponsorship transfer between companies with the same owner until it has worked out the necessary executive regulations. Meanwhile, some labor officials have criticized the fees levied under the new system as being too high and not affordable for most expatriate employees.
According to federal immigration officials, the revised fee structure for the issuance and renewal of 90-day entry permits approved by the Cabinet has not yet been implemented.
The mechanism for the implementation of the new fees of Dh600 for the 90-day permit and Dh1,200 for its renewal still needs to be endorsed by the Interior Minister. The new visa structure is part of the new Mission Entry Permit system currently being developed by the Labor and Interior Ministries. Meanwhile, representatives from the business community and other sectors welcomed the introduction of the 90-day Mission Entry Permit but cautioned authorities to carefully guard against misuse or exploitation of the new system.
The Ministry of Labor and Social Affairs said that starting 6 August it will begin accepting applications for labor permits or renewal of expired ones from expatriate workers above 60 years old. The cost for such transaction was set at Dh5,000. The ministry had earlier suspended the processing of some documents following the introduction of a new law seeking a new rate structure for various labor transactions.
Labor Minister Dr. Ali bin Abdullah Al Kaabi announced on 8 August that the ministry has contracted an international firm to handle the attestation of the academic certificates of all foreigners seeking work in the country. Workers have to pay Dh500 to the ministry for the attestation procedure, which is scheduled to begin implementation in September. The move is intended to curb the practice of submitting forged certificates.
According to Brigadier Abdul Rahaman Ali, director of the Al Dhaid Police Station, the practice of hiring absconding workers in Sharjah is affecting the security of the emirate. Brigadier Ali said that there is an urgent need to intensify the awareness campaign to alert the public, particularly farm and pasture owners in rural areas, on the dangers of employing or sheltering absconders.
The Ministry of Labor and Social Affairs has resumed refunding the Dh3,000 bank guarantees for workers whose work permits had been cancelled by their employers last 9 August. The refunding process had been suspended for three weeks while awaiting the Central Bank’s endorsement of the signatures of newly appointed employees in charge of this transaction at the ministry.
493 infiltrators nabbed in July
According to the Ministry of Interior, some 493 infiltrators were arrested last month while trying to sneak into different parts of the country. The arrests were made during operations carried out by the Coastguard, the border forces of the UAE Armed Forces and other law enforcement agencies within the whole month of July, in cooperation with local residents who provided tip-offs. Since April, law enforcement agencies have arrested over 2,500 infiltrators.
Two senior officers and four civilian employees of the Abu Dhabi Immigration Department are facing charges of forgery, acceptance of bribes and altering information in their office’s computer database. The two senior officers are UAE nationals while the four civilian employees are all Indians. Only five of the accused were arrested since one of the senior officers has left the country. The court hearing on the case has been set for 8 August.
Some 27 laborers working for the Nimr Al Khaleej Contracting Company have filed a complaint with the Labor Ministry on 31 July over non-payment of dues for one to four months. The workers, including Indian, Nepalese and some Arab expatriate workers, claimed that they have not been paid overtime benefits and sought the intercession of the ministry to settle the issue with their employer. On 13 August, some 40 other workers also lodged a complaint at the labor ministry against their employer for non-payment of wages. The workers claimed that the employer had paid their salaries regularly for the first six months of their employment but has not paid them anything for the past four months and also failed to process their work visas.
An additional 17 Sri Lankan women cleaners who worked for the West Coast Cleaning and Environment Service Establishment in Al Ain filed a complaint with labor authorities against their employer for unpaid salaries of up to four months. The workers also claimed that their services were unfairly terminated after they asked for relocation to the capital when their contracts expired. Earlier, on 26 July, eight Sri Lankan cleaners working for the same company also filed a complaint over non-payment of wages for three months. The case of the eight workers has since been amicably resolved. The ministry would summon the employer to shed light on the complaint of the second batch of workers.
The 25-year old Pakistani hotel employee who fell from a five-storey building has gone back to Pakistan for treatment. Kadir K suffered head injuries and hurt one of his fingers from the fall. He was earlier taken to the Rashid Hospital and then admitted to the psychiatric ward for observation. It was discovered that Kadir had a psychiatric condition even before he started working as a restroom attendant at the Le Meridian Dubai hotel.
Former laundry supervisor Leonard Mendez, 35, filed a complaint in May against his employer for illegal deductions on his end-of-service benefits. Mendez had resigned from the company at the end of April 2005. However, during a hearing on the case the company manager presented a document allegedly signed by Mendez, dated November 2004, stating that he has received his end-of-service benefits. In his response, Mendez argued that the end-of-service benefits could only be given after the employee terminates his services with the company and not five months earlier, as claimed by the laundry owner’s document. According to Mendez, the company had made him and other employees sign a blank paper before they began employment.
Runaway Indonesian domestic workers
According to Muchtar, the Consul General of Indonesia, the total number of Indonesian runaway domestic workers this year has reached 258, after 30 more workers had absconded over the two-week period since 20 July. Senior consulate officials claimed that 240 cases of absconding domestic workers had been settled, while 18 are still pending.
A senior Labor Ministry official confirmed that local fishermen operating their own businesses would be exempted from the increased fees imposed by the ministry as part of efforts to support traditional trades. Meanwhile, expatriate fishermen, claiming to have only modest incomes, are seeking a similar exemption from the high fees to be levied by the ministry on various labor transactions in September. Aisha Al Hamadi, a labor inspector at the Delma Labor Office, said that her office would forward the fishermen’s request to the labor minister to exempt them from the proposed fees.
The Philippine government has created a task force in July 2004 to prevent its nationals from seeking work in the UAE while on visit visas because this makes them vulnerable to exploitation. The Philippine consulate has issued guidelines reminding Filipinos on visit visas in the UAE not to violate UAE laws by seeking employment. At Philippine airports, immigration officials and task force members have been conducting random checks on UAE-bound travelers since early this year to determine who are not legitimate tourists. However, many Filipinos continue to come to the UAE under such circumstances. This year, the Philippine consulate has recorded some 80 cases of Filipinos working on visit visas so far, but the actual number of such workers is unknown since authorities find out about them only after they “get into trouble."
Pakistani expatriates have expressed concern that their families returning to the UAE after vacationing in Pakistan might be stopped at the Dubai Immigration for not having separate passports for their dependents. Last May, the UAE issued a new rule requiring citizens of seven countries, including Pakistan, to acquire separate passports for minors. The government has given the Pakistan consulate until 1 September to comply with the requirement. However, the shortage of passport booklets at the consulate has prevented some families from obtaining separate passports before they left home for vacation.
The Indian Ambassador to the UAE, C.M. Bhandari has sought the assistance of the Foreign Affairs Ministry in seeking visa-on-arrival privileges for diplomats transiting through Dubai and other UAE ports of entry. According to Bhandari, diplomats in active service deserve the special treatment since they are the least likely to overstay or violate rules.
Sources: Diaa Hadid, “Work permits for expats over 60 from next week," Gulf News, 1 August 2005; Nissar Hoath, “Arrests of infiltrators show drive on track," Gulf News, 1 August 2005; Nada Mussallam, “27 workers of capital firm complain of unpaid wages," Khaleej Times, 1 August 2005; Nissar Hoath, “Immigration graft case hearing adjourned," Gulf News, 2 August 2005; Nada Mussallam, “17 more Lankan women lodge plaint with ministry," Khaleej Times, 3 August 2005; Daniel Bardsley, “Hotel worker who jumped from fifth floor undergoing psychiatric treatment," Gulf News, 4 August 2005; Nina Muslim, “30 Indonesian maids ran away in two weeks – consulate," Gulf News, 4 August 2005; Nada Mussallam, “Expat recruitment ads must abide by the law," Khaleej Times, 7 August 2005; Mizan Rahman, “Team for UAE to bring back camel jockeys," Gulf Times, 7 August 2005; Eman Al Baik, “Nationalisation rule for firms is on way," Khaleej Times, 8 August 2005; Eman Al Baik, “Refund process for cancelled visa put on hold," Khaleej Times, 9 August 2005; Nina Muslim, “Filipinos still being enticed to work illegally, says official," Gulf News, 9 August 2005; Nada Mussallam, “Firm picked to oversee certificates’ attestation," Khaleej Times, 9 August 2005; “No change in visa fee yet," Khaleej Times, 9 August 2005; Eman Al Baik, “Bank guarantee refund resumes," Khaleej Times, 10 August 2005; Asma Ali Zain, “Pakistani expats in a fix over passport rule," Khaleej Times, 10 August 2005; Diaa Hadid, “Employer forced me to sign blank paper - worker," Gulf News, 10 August 2005; Diaa Hadid, “National fishermen exempted from increased labour fees," Gulf News, 10 August 2005; Nada Mussallam, “Past transfers of sponsorships will be taken into account," Khaleej Times, 10 August 2005; Wael Yousef, “No change in visit visa fee structure," Khaleej Times, 10 August 2005; Hakam Kherallah and N. Srinivasan, “India, others seek visa-on-arrival for diplomats," Khaleej Times, 11 August 2005; Nada Mussallam, “Expat fishermen seek ‘high fees’ exemption," Khaleej Times, 11 August 2005; “UAE says visa fees remain unchanged," Dawn, 11 August 2005; Diaa Hadid, “Expat workers seeking sponsor change before time ‘must wait’," Gulf News, 14 August 2005; Nada Mussallam, “Businessmen warn of misuse of new system," Khaleej Times, 14 August 2005; Nada Mussallam, “Labour officials say new steps costly for expats," Khaleej Times, 14 August 2005; “Hiring runaways affecting security, says cop," Khaleej Times, 14 August 2005; “Workers file complaint," Khaleej Times, 14 August 2005; Eman Al Baik, “Sponsor transfer for same-owner firms suspended," Khaleej Times, 15 August 2005