Council of Ministers and Ministerial Resolutions On Work Permits

Transcription

1 Council of Ministers and Ministerial Resolutions On Work Permits Council of Ministers Decisions Council of Ministers Order No. (4) year 1994 Council of Ministers Order No. (428/1) year 1995 Council of Ministers Order No. (7/7) year 2003 Council of Ministers Order No. (455/3) year 2004 Ministers Decisions Ministerial resolution no. (120) for the year 1999 AD. Ministerial resolution no. (140) for the year 1999 AD Ministerial resolution No. 516 for the year 2002 AD Ministerial resolution No.(167) for the year 2004 AD Ministerial resolution No.370 FOR 2005

2 Council of Ministers Order No. (4) year 1994 The Council of Ministers Order: After taking cognizance of the provisional constitution; The Federal Law No.(1) of the year 1972 in the affair of ministries jurisdictions, ministers powers and the Laws amending to it; And the Federal Law No.(6) of the year 1973 in the affair of immigration and residence and the laws amending them, And pursuant to the population composition the Ministerial Board has presented and the approval of the Council of Ministers; Decides as follows: The following groups but not others shall be allowed to bring their families: Engineers, Doctors, pharmacists and nurses, Agricultural guides, Qualified accounts and auditors, The education members in universities and high educational institutions and teachers, Officers in the army forces and police, The technicians working with scientific electronic instruments and in laboratories, Advocates and Lawmen, The employees in oil companies, The qualified managers, The businessmen who are partners in the companies with limited liability provided that the partners portion is not less than the third or seventy thousand Dirhams as a minimum, and it shall be possible to add or omit from these groups with an order from the Council of Ministers in order to achieve the general welfare, and professions of these groups shall be identified in pursuance of the confirmed work card and contract;

3 Article 2 The salary of the persons permitted to bring their families shall not be less than Four thousand Dirhams if the employing party provides them with an accommodation and Five thousand if the employing party doesn t provide them with an accommodation; And the salary shall be confirmed in pursuant of an official certificate attested by the interested authorities in the state; Article 3 The word Family means the wife; the male sons aged less than 18 years and unmarried daughters; Article 4 The groups indicated in the Article (1) can bring a servant in accordance with the following condition: The monthly salary of the sponsor willing to bring a servant shall not be less than Six thousand Dirhams, The sponsor shall pay yearly amount equivalent to the yearly salary of the servant provided that the monthly salary of the servant is not less than Dhs.400; Article 5 The groups allowed to bring their families or servants shall settle their positions in accordance with provisions of this order and complete the procedure of their sponsored persons leaving the state after canceling their residence; Article 6 All the bodies entrusted to apply provisions of Immigration and Residence Law and the issued orders shall apply this order and present any rules or commandments that are contradict with these rules to the Minister of Home Affairs immediately to make the suitable order concerning them; Article 7 All the interested bodies shall apply this order and it shall be announced in the official gazette and be effective from September 1 st, 1994, and all orders that are contradict with its provisions shall be deleted

4 Council of Ministers Order No. (428/1) year 1995 The Council of Ministers approved in its session no. (16) held on November 20 th, 1995 the bill of the Council concerning the émigrés bringing of their families and servants, canceling the Fourth article.

5 Ministerial resolution no. (120) for the year 1999 AD. Minister of Labour & Social Affairs: On sight the federal law no. (1) for the year 1972 AD concerning the specialities of ministries and the offices of the ministers and its amendments thereof. And the federal law no. (8) for the year 1973 AD, regulating the system of the civil service in the federal government and its amendments thereof. And the cabinet resolution no. (5) for the year 1990 AD, concerning the organizational Skelton of the Ministry of Labour & Social Affairs. And the cabinet resolution no. (194/2) for the year 1983 AD, which allows the legal residents in the state, who are not allowed to work and sponsored by their husbands, to work. And responding to the noble instructions of H.H. the President of state, may Allah protect him, concerning the mothers sponsored by their sons the locals. And the record of the higher committee of the labour affairs in its 20 th meeting dated on 17/3/1999. Decides as follows: Giving employment cards to the mothers, sponsored by their sons the locals, who wish to work in the private sector similar to the wife and the unmarried daughter. Article 2 Applying the same procedures practiced in the ministry to give an employment card to the sponsored by their husbands according to the case mentioned in article One. Article 3 This resolution becomes valid from the date of issue and to be notified to whom it many concern for execution. Mater Humaid Al Tayer Minister of Labour & Social Affairs

6 Ministerial resolution no. (140) for the year 1999 AD. Minister of Labour & Social Affairs: On sight the federal law no. (1) for the year 1972 AD concerning the specialities of ministries and the offices of the ministers and its amendments thereof. And the federal law no. (8) for the year 1973 AD, regulating the system of the civil service in the federal government and its amendments thereof. And the cabinet resolution no. (5) for the year 1990 AD, concerning the organizational Skelton of the Ministry of Labour & Social Affairs. And the cabinet resolution no. (194/2) for the year 1983 AD, which allows the legal residents in the state, who are not allowed to work and sponsored by their husbands, to work. And responding to the noble instructions of H.H. the President of state, may Allah protect him, concerning the mothers sponsored by their sons the locals. And the record of the higher committee of the labour affairs in its 20 th meeting dated on 17/3/1999. Decides as follows: Giving employment cards to the mothers, sponsored by their sons the locals, who wish to work in the private sector similar to the wife and the unmarried daughter. Article 2 Applying the same procedures practiced in the ministry to give an employment card to the sponsored by their husbands according to the case mentioned in article One. Article 3 This resolution becomes valid from the date of issue and to be notified to whom it many concern for execution. Mater Humaid Al Tayer Minister of Labour & Social Affairs

7 Ministerial resolution No. 516 for the year 2002 AD Minister of Labour and Social Affairs: On sight the federal law No.1 dated in 1972 concerning the specialties of the ministries and the offices of the ministers and the amendments thereof. And the federal law no. (8) For the year 1980 organizing the relations of labour and the amendments thereof. And the cabinet resolution No. 391/2 for the year And the requirements of the public interest. Decides as follows: Giving employment permits (employment cards) to the sons and daughters of the women locals who don t have official documents according to the following terms: Firstly, the required conditions of accepting the employment cards to this group of residents in the state: Mother must be local. Age to be 18 years up wards. Secondly, the following documents to be enclosed with the application: Birth certificate. A photocopy of the mother s passport or a registration certificate. The certificate of the last stage of learning, if found. Marriage contract if the marital relationship stands still between the parents, death certificate if the father was dead or a certificate of abandonment or separation if the father has abandoned or divorced the mother. A certificate of well conduct. A certificate of medical fitness for employment. Sons of the women locals are free from the charges related to the ministry. This order to be notified To Whom It May Concern for execution from the date of issue. Mater Humaid Al Tayer Minister of Labour & Social Affairs

8 Council of Ministers Order No. (7/7) year 2003 The Council of Ministers approved in its session No. (1) held on January 13 th, 2003 to amend the recommendation mentioned in the article No. (4) of the indicated Council of Ministers Order No. (563/1) of the year 2001 as the following: Preventing bringing new laborers who have neither high school certificate nor an equivalent one, but the laborers who work in construction sector shall be exempted in accordance with the kind of work permits and the rules and conditions the Ministry decides; and preventing bringing all Laborers who are from the Arab countries. This shall start from January 2003, and the Ministry of Labour and Social Affairs and the Ministry of Home Affairs shall write the rules necessary to apply that. Continuing renewing the work cards of Laborers existing in the state Prime Minister

9 Ministerial resolution No.(167) for the year 2004 AD Amending the ministerial resolution No.(161) for the year 2004 Minister of Labour and Social Affairs: At sight the federal law no. (1) for the year 1972 AD concerning the specialities of the ministries and offices of the minister and its amendments thereof. And the federal law no. (8) for the year 1980 AD, regulating the relations of labour and its amendments thereof. And the cabinet resolution no. (5) for the year 1990 AD. Concerning the organizational Skelton of the Ministry of Labour and Social Affairs. And the cabinet resolution no. 563/1 for the year 2001 AD. Reorganizing the labour market in the state and the amendments thereof. And the cabinet resolution no. 717 for the year 2003 AD amending the recommendation mentioned in the article (4) of the cabinet resolution no. (161) for the year 2003 A.D. And the cabinet resolution no. (161) for the year 2003, disallowing the new workers who haven t got the general secondary certificate to enter the state. And the record of the meeting of the higher committee of the labour affairs no. (50) Dated on (10/3/2004). Decides as follows: Adding the following activities which are permitted to bring handicraft, ordinary and professional labour without submitting any evidence whether the workers have the general Secondary certificate or not: Contracting of constructing networks and stations of waste water and restoring them. Contracting of constructing networks and stations of water and reconditioning them. Contracting of constructing power stations and restoring them. Contracting of constructing pipelines of oil and natural gas. Contracting of constructing electric lines and reconditioning them. Article 2 If the licensed activities of a foundation to practice become numerous, and among which there is an activity which requires

10 the general Secondary certificate, then the foundation is to submit the above mentioned certificates for all the applications of the labour permits applied by it. If the owner of work wishes to submit the labour permits, exclusively mentioned in the ministerial resolution no. (161) for the year 2003 and its amendments thereof, which are free from the condition of the general secondary certificate, then he is to single out an independent license for these activities. Article 3 This resolution becomes valid from the date of issue and to be polished in the official newspaper and to be executed minutely. Matar Humaid Al Tayer Minister of Labour & Social Affairs

11 Council of Ministers Order No. (455/3) year 2004 The Council of Ministers approved in its session held on July 5 th, 2004 to give a work permit (work card) to foreign residents sponsored by their national wives, after the obligation in the high command concerning the necessity of the precedent approval before the marriage of national women with non-national men.

12 MINISTERIAL DECISION NO 370 FOR 2005, REGARDING THE SPECIAL MISSION ENTRY PERMIT The Minister of Labour and Social Affairs; After having reference to Federal Law No.( 1) for 1972, on the functions of ministries and the responsibilities of ministers and the amended laws thereof; And to the Federal Law No. (8) for 1980, on regulation of labour relations, and the amending laws thereof; And to the Cabinet Decision No. (5) for 1990 regarding the organization structure of the Ministry of Labour and Social Affairs And to the ministerial decision No. 401 for 1997 regulating temporary and part-time work in the UAE private sector; And to the ministerial decision No. (37/2) for 1982 on the standards of medical care to be provided by employers; And to the General Directorate of Naturalization and Residency; And based on the proposals presented by the ministry s undersecretary for labour sector; Decides as follows: Without prejudice to the provisions of Article (3) of the ministerial decision No. 401 for 1997 regulating temporary and part-time work in the UAE private sector, the Ministry of Labour and Social Affairs may grant temporary mission work permits for ninety (90) days only, to companies whose work conditions require this type of permit. Article 2 Companies requesting temporary mission permits shall be committed to: grant each worker a return travel ticket to the UAE and back to his country of domicile or any other destination agreed upon; ensure that the worker is medically fit to perform the intended assignment, and that he is free from any epidemic diseases according to an authenticated medical certificate;

13 pay a fee of Dh 500 for each worker granted a temporary mission permit; prepare a work contract upon the arrival of the worker to UAE, duly signed by the company and the worker and approved by the competent labour department; provide medical care at the standards stipulated in the ministerial decision No. (37/2) for 1982, in addition to adequate health insurance; present the Ministry s approval for hiring expatriate workers on temporary mission permits, to the General Directorate of Naturalization and Residency for the issue of the necessary entry visa; not allow the temporary worker under his sponsorship to work for any other employer; regularly pay the workers salaries every month, throughout their assignment, on a working day and at the workplace, provided payment lists are presented to the competent labour department monthly; repatriate the worker to his country or any other destination agreed upon, once the work is completed or within a period of time not exceeding seven days from the expiry of the permit; and Fulfill all other requirements stated in the Ministry s application form designed for the purpose, or any further conditions that may be made by the Ministry. Article 3 The Ministry s undersecretary for labour sector shall determine necessary measures, conditions and forms to implement this decision. Article 4 Companies seeking temporary work permits shall apply to the Establishments Affairs Department at the Ministry, and in case the application fulfills the required conditions, it shall be referred to the e- committee. Article 5 An e-committee shall be formed to determine the eligibility of the applying companies and their actual need for this type of permits, and to specify a quota for each eligible applicant based on certain criteria. Article 6 Applications for temporary work permits to the Ministry or the competent regional office, as well as their response to the applicants,

14 shall be made electronically and according to the form specified for the purpose. Article 7 The Ministry may renew the temporary work permits for another period based on conditions it considers fit. Article 8 Any company that is in breach of the conditions required for granting the temporary work permits, presents false information or documents to get the Ministry s approval, or otherwise violates any of the provisions of Federal Law No. (8) for 1980 and the amended laws and executive orders thereof, shall have its firm card cancelled from the register forthwith and shall be subject to legal measures according to clause (11) of the labour law and relevant ministerial decisions issued for the purpose. Article 9 This decision shall take effect as of the date of its issue and shall be published in the official gazette. Dr. Ali bin Abdulla Al Kaabi Minister of Labour and Social Affairs