How to get new UAE work permit

The three new labour rules, effective today (January 1, 2016), are in line with the Constitution and International Labour Standards, said Saqr Ghobash, Minister of Labour and Chairman of National Qualifications Authority (NQA).

Emirates 24|7 brings the details of each of the three laws, which involves employment contract, in this three-part series.

Part 1: Contract must be in native language of worker... https://www.emirates247.com/news/emirates/new-labour-rule-contract-must-be-in-native-language-of-worker-2015-12-23-1.614793

Part 2: How you can be terminated... https://www.emirates247.com/news/new-uae-labour-rules-how-you-can-be-terminated-2015-12-28-1.615228

The third and concluding part of the new UAE Labour rules will explain how employees can be granted new work permit upon the termination of his or her employment relation in the following instances:

I- Term Contracts


1- The term of the contract has expired and not been renewed.
2- The two parties (worker and employer) mutually consent to terminating the contract during the course of its term, provided the worker has completed a period of no less than six months with the employer; the latter provision is waived for workers that qualify for skill levels 1, 2 and 3, as per the
ministry’s classification.
3- The employer initiates the termination of the employment relation, without reason of noncompliance on the part of the worker, provided the worker has completed a period of no less than six
months with the employer; the latter provision is waived for workers that qualify for skill levels 1, 2 and 3, as per the ministry’s classification.
4- Either party acts unilaterally to terminate the employment relation following its renewal (irrespective of the period the worker has been in the employment of the employer and irrespective of the date of renewal) provided that:
a. The terminating party notifies the other party in writing of his/her intent to terminate the contract in accordance with the notice period that was agreed to by the two parties, not to be less than one month and not to exceed three months. If renewal of the contract occurs prior to this decree
entering into effect, and the two parties had not agreed to a notice period, then the notice period shall
be three months.
b. The terminating party continues to honour the contractual obligations for the duration of the notice period.
c. The terminating party indemnifies the other party in the amount that was agreed to by the two parties, not to exceed the equivalent of three months of gross wages; if renewal of the contract occurs prior to this decree entering into effect, and the two parties had not agreed to the amount of
indemnification, indemnification is set at the equivalent of three months of gross wages.

II- Non-Term Contracts


1- The two parties (worker and employer) mutually consent to terminating the contract provided the worker has completed a period of no less than six months with the employer; the latter provision is waived for workers that qualify for skill levels 1, 2 and 3, as per the ministry’s classification.
2- One of the parties acts to terminate the contract and notifies the other party and continues to honour his/her obligations under the contract for the duration of the notice period which shall be no less than one month and no more than three months, provided the worker has completed a period of no less
than six months with the employer; the latter provision is waived for workers that qualify for skill levels
1, 2 and 3, as per the ministry’s classification.
3- The employer acts to terminate the contract without reason of non-compliance by the worker, provided the worker has completed a period of no less than six months with the employer; the latter provision is waived for workers that qualify for skill levels 1, 2 and 3, as per the ministry’s classification.

III- For all contracts: term and non-term

The instances described in I- and II- of this article notwithstanding, a worker may be granted a new work permit:
1- It is determined that the employer has failed to meet his legal or contractual obligations, including but not limited to when the employer fails to pay the worker’s wages for more than 60 days.

2- When a complaint is filed by the worker against a business entity that has not provided for the worker to perform work due to its shutting down, provided an Inspection report is produced that attests that the business entity has been inactive for more than two months and the worker has reported to the Ministry during this period.
3- When a labour complaint is referred by the Ministry to the labour court, provided a final ruling in favour of the worker is issued that attests that the worker is owed wages for no less than two months of work or indemnity for arbitrary or early termination, or any other rights that the employer has
abstained from granting, or dues of end-of-service.

In all of cases described in this article, the worker must have met all conditions and requirements of the provisions of the law before being granted a new permit.

Print Email