Employment Visa

Question – What is the annual leave entitlement of the Employee?

The Employee is entitled to Annual leave yearly for every year of service provided. The leave is calculated as below:-

1. If the employee has completed his services more than 6 months and less than one year then Two days leave for every month of the service provided.
2. The employee is entitled for thirty days annually on successfully completing one year of services in the company. If the employee completes more than a year and wants to avail leave after 15 months, the employee is eligible for 30 days of last year and fraction of leave of the current year.

What should be considered while annual leave calculation is done of the employee?
The employee is entitled to receive his basic wage plus his accommodation allowance during the annual leave calculation. Any other allowances which he receives in the working month should also be considered in calculating the annual leave pay.

Right of the Employer and Employee on Leave period.
The employer has the right to decide on employee annual leave to be taken after completing the year and if required he is entitled to divide the leave into two parts depending on the nature of the work.
The Employee is not required to work during his annual leave more than once during 2 consecutive years of the service provided. The Employer if required can defer the annual leave once in 2 consecutive years provided that the employee is being paid the annual leave wages. The employee has the right to be paid his full wage before taking his annual leave, plus the wage of the leave days he has accrued.

Calculation of the Annual leave due during Termination or Resignation
If the employee is Terminated or Resigned from the job the annual leave calculation will be done from the date of joining until the time of Termination or Resignation. If the period is more than 6 months or less than a year then the employee is entitled to receive:-
– Two days of leave every month from the date of joining.
– If it is more than a year than 30 days of annual leave is considered
– If the employee has completed 15 months and then the leave period of 30 days plus 2 days of every month from the completion of one year.

s per the Article 79- An employee is entitled to receive cash in lieu of annual leaves not availed by him, if he was dismissed or if he left the service , after the period of notice stipulated by law. Cash in lieu is calculated on the basis of pay received by the employee at the time of maturity of such leave.

In other words, the employee is entitled to payment for the annual leave period not taken if the employment is terminated either by way of resignation or termination. Such payment is calculated on the basis of the basic wage received at the time the leave was due.

Accrued leave pay is based on only basic pay it doesn’t includes housing, transport or other allowances.

 As per the Article (80)– Annual leave salary shall be paid to the employee before taking his annual leave, the employee shall be paid his full wage, plus the wage of his leave days he deserves according to the provision of this law.

Description NoteE-QUOTA APPLICATION Type from tas’heel centreOFFER LETTER & WORK PERMIT Type from tas’heel centreLABOUR FEE (Pay at Tas’heel Centre):
Second Category 2-A
Second Category 2-B
Second Category 2-C
Second Category 2-DLABOUR INSURANCE Need to pay in tas’heel centre by CashENTRY PERMIT Application needs to be prepared through GDRFA or E vision.MEDICAL Application needs to be prepared from typing centre.EMIRATES ID Application needs to be prepared at authorized typing centre.LABOUR CONTRACT To be prepared and needs to submit in tas’heel CentreVISA STAMPING Application needs to be prepared through GDRFA.

First Step:
Labour Card Renewal: In order to renew the employment visa, Offer letter needs to be renewed from Thas’heel Centre by paying fees according to Company category listed in the mol. You can check your company category through www.mol.gov.ae

Second Step:
Medical Typing: Type medical application form and then proceed to do the Medical Test at the authorized Medical Centre.

Third Step:
Emirates ID Typing: EID application needs to be typed.

Fourth Step:
Visa Stamping: On completing the medical and EID type visa stamping application and get seal and signature of the local sponsor. Once the application is submitted online one should wait for the approval from the Immigration. The approval message will be received through SMS on the mobile number given and an Airway bill number will be assigned to pick up the Original passport by Zajel. Kindly contact Zajel and arrange for pickup of documents. After the Visa is stamped on the passport Zajel will deliver the passport after 2 working days.
Urgent: If you choose urgent visa stamping, pay Dh100 extra through online at the time of submission and take the passport to Immigration branch to stamp the visa same time. You should wait for online approval before going to Immigration. Security approval takes time depends on nationality.
Age above 65 years: Labour Card can be renewed according to the above-mentioned fees till the age of 65. If the age is above 65 years charges will be normal fees + Dh5000 extra to be paid at the time of renewal. This renewal is unlimited till the company needs such an employee’s service.
Validity of Visa: If you are renewing the visa before the expiry date, the new visa will start from the date of submission. If you are renewing after expiry of the existing visa, the new visa will start from the date of last expiry.

First Step:
Labour Cancellation: Type labour cancellation application form Tasheel centre by using E-signature card of the local sponsor. Employee need to sign on the Labour application under his statement I certify that i received all my dues and entitlements. Employee’s Signature: Employee should not sign before receiving his/her dues, if any. On signing the cancellation paper, submit the labour form at the Tasheel centre and attach the receipt with Immigration form.

Second Step:
Immigration Cancellation: Type the Immigration cancellation form and put company seal and signature of the local sponsor. Attach the Labour cancellation receipt copy while submitting the Immigration form along with the Original passport to the Immigration. Visa cancellation can be done at the same time.
Grace Period for Visa: 30 days from the date of expiry.
Grace Period for Labour Card: 60 days from the date of expiry.
Grace Period for Emirate ID: 30 days from the date of expiry.

The cancellation of the visa in the passport needs to be completed within 30 days from the date of cancellation of Labour card. Once the labour is cancelled you cannot fly before cancelling or renewing your visa. 30 days grace period from the date of cancellation counts from the date of Labour Card Cancellation.
Emirates ID: No need Emirates ID for visa cancellation. ID file will be cancelled automatically along with visa. You should keep a copy of your Emirates ID for the future application. Your ID number will not change and you can renew your Card when you come on new employment visa. Biometrics will not be required next time.
Cancellation before Visa stamping: The visa can be cancelled before Medical, ID and stamping visa on your passport. Work permit file needs to be cancelled through Tasheel Centre and cancel Entry permit from Immigration. You cannot exit UAE before stamping or cancelling your visa.
Dependents Visa: Before cancelling the employment visa one need to see whether any dependants (spouse, children, maid) are still under his/her sponsorship, their visa must be cancelled before cancelling the applicant visa in the passport. After the cancellation of sponsor visa, dependents can stay here 30 days without fine. During this period, sponsor can stamp his/her own visa and then apply for dependents visa.
Family visa hold: Immigration has not stopped the Family visa on hold option.

How to get Employment Visa during ban period?

With effective Jan 2016, the Ministry of Labour (MOL) has come out with new rules regarding employment contracts, termination and work permits. As per the new rules, a six-month labour ban will not be imposed on an employee, if he/she and the employer opt for mutual termination of job contract. The new rules have been designed to reinforce a “balanced and productive” relationship between employers and employees. However for the employee who didn’t complete the 6 months in the company will get labour ban.

Company who wants to apply Work Permit for the ladies who are under the sponsorship of their husband/father can do so. She can work in any organisation by continuing her visa under the sponsorship of husband/father.

First Step:
Offer Letter: On confirming the candidate. The offer letter needs to be typed from Tasheel Centre and get signature and Thump Impression from the Employee.

Second Step:
Work Permit: Once you received the signed Offer Letter, Work Permit application needs to be typed at Tasheel along with the offer letter and Company Seal/Sign and plus All documents mentioned in the above section.
Kindly note for certain Designation attested Education Certificate is required. No need attestation for Secondary and higher Secondary Certificates. Work Permit Approval will come after two days to 4 working days depending on the Nationality.
  Application status can be tracked through www.mol.gov.ae by entering MB number which is printed on the application.

Company that wants to apply Work Permit for the ladies who are under the sponsorship of their husband/father can do so. She can work in any organization by continuing her visa under the sponsorship of husband/father.

First Step:

Cancellation of Labour Card: For cancelling the Labour card of the employee whose visa is sponsored by the husband, you need to type the application from the Tasheel Centre and get company stamp and signature from the sponsor and the employee. You need to submit the application at the Ministry of Labour to process the cancellation.
BAN: If a husband sponsored visa wants to cancel the work permit before completing two years of the contract with the employer, there will be a Six month ban. Six month ban is applicable for relative sponsored lady also if she fails to complete two years with the employer.

Step One:
Amendment in Labour Contract: If an employee wants to change the Designation in the Visa, the first and foremost step is to do the amendment in the Labour contract. The new Labour contract needs to be typed from Tasheel Centre. A Fee of AED 133 with the required documents along with the company seal and signature from the sponsor and employee needs to be submitted at the Tasheel Centre. A Fee of AED 83 will be charged for submission. The status of the Application can be tracked through the MoL website. E-Contract Print: The Amended contract/labour card can be printed from the MoL website after approval.
 

Second Step:
Visa Stamping with New Designation: Once the approval from the MOL is received, the Change of Designation Application can be submitted through  GDRFA Online Portal or AMER center. On receiving the approval New visa sticker with the change in the Designation can be placed on the passport.

Step One:

Immigration Application: If in case the Visa stamped passport is expired, the visa can be Stamped on the new passport by submitting online application Through GDRFA Online Portal or AMER centre.

Visa Cancellation outside Country: Visa cancellation can be done if an employee is outside the country for More than 6 Months or Employee Visa is Expired Outside
 

First Step:

Immigration Entry/Exit Report: – On receiving the notification from the Employee to cancel his visa while he is outside the country, the Employer can get the Entry /Exit Report of the Employee By Submitting an Online application for GDRFA online Portal or Amer Center.

Second Step:

Visa cancellation: – Upon Receiving the Entry/ Exit report of the Employee, Online application for Visa Cancellation Can be Submitted Through GDRFA online Portal Or Amer Center

Third Step:

Outside Cancellation Typing: Once the Visa Cancellation approval is Received, Employees  Labour card Cancellation can be processed at Tasheel Centers.

A Mission Visa is a permit issued for individuals who would like to come to the UAE to work with a mainland company for a short-term project. An employee is considered as a probationary worker under these types of visas. Companies that have no violations with the Ministry of Labour may apply for mission visas, provided that the person who will hold the mission visa should not have a ban. Visa validity 3 months and can be renewed against payment of Dh 500. Click here to check whether your Company is eligible to apply for Mission Visa. Click on Company information and enter your Labour Establishment Card number.

Employee on a Mission Visa cannot exit the country until the end of the visa, if they do leave before visa expiry, the visa will automatically be cancelled and if they wish to return, the Mission Visa must be applied again.

It is important to note that the applicant must be outside the country to apply for a Mission Visa and must exit the country as soon as it expires. A second mission visa can be applied for the employee once they have exited the country and their labour card has been cancelled.

First Step:

Quota: To apply Mission visa for any candidate recruited by the company, it needs to apply the quota. The e-quota application form is available at Tasheel Centre.

Documents required for e-quota: Copy of Trade License, Labour Establishment Card, Tenancy Contract (Ejari). While applying quota one needs to know the Gender (whether Male or Female) and profession (Designation) & Original e-signature card of the authorized signatory.

Second Step:

Offer Letter: Once the mission visa quota is approved, the offer letter needs to be typed from Tasheel Centre and get signature and Thumb Impression (if required) from the Employee.

Documents Required for Offer Letter: Passport copy of employee, Recent White Background Photo, Designation, Salary Details of the employee, Company Labour Card number and Original E-Signature Card.

Third Step:

Mission Visa Permit: Once you received the signed Offer Letter, Mission visa Permit application needs to be typed at Tasheel along with the offer letter and Company Seal/Sign and plus All documents mentioned in the above section. Work Permit will be approved in 2 to 4 working days depending on the Nationality. Application status can be tracked through www.mol.gov.ae by entering MB number which is printed on the application.

Fourth Step:

Labour Card: Once the work permit is approved, Labour Fee needs to be paid as per the company category mentioned in the Ministry of Labour.

Fifth Step:

Immigration Fee: On paying the Labour fee, need to then type the Entry Permit Application form. Depending on the Nationality Entry permit will be received after security check. Once the Mission Entry Visa is approved by Immigration, the applicant is permitted to enter the UAE and obtain an entry stamp on the visa upon arrival.

Labour Contract: Once the employee enters UAE Labour Contract should be completed within 30 days from the date of arrival. For mission visa holder there is no need for Emirates ID and visa stamping. Validity of Labour Contract is 90 days.

Single Entry Only: No multiple entries are allowed for Mission Visa holder. Once the person exits the country the visa will be invalid.

First Step:
Cancelation: Once the employee exits the country, the exit information print needs to be taken from the immigration and then proceed with the Immigration cancellation.

Second Step:
Labour Cancelation: On doing the Immigration cancellation, then proceed with Labour Card cancellation from Tasheel Centre.

In UAE Outpass is issued to person who needs to go back to his home town country without valid documents. Outpass is just a one-way permit issued by the consulate of respective county to certify the Nationality of the respective individual. The process for issuing Outpass is varied from country to country. Below are the procedures with regard to different Nationalities.

Out Pass Process at Dubai Immigration: If the person has a Passport he needs to go to AL Aweer Main Immigration along with the Air ticket to his Home town country and apply for the Out Pass Permit. The officer will do the Finger Print and IRIS scan and will issue an Exit pass to Exit from the country with the validity of the pass is 7 days. The fee for the Pass is Dh 220.

If the person doesn’t have the Passport, he needs to get the Outpass from the respective Consulate depending on the nationality.

Candidate requires to leave the country within 10 days of issuance of outpass.

For Indian Nationality:

With regards to Indian Nationality, the individual person should go to the consulate and meet an officer who will carry out an interview and on the satisfactory answer of all questions, the application will be accepted for doing the further process. It will take minimum of 15 days to get the Outpass.

Question – What is the procedure to put Employee Absconding in Immigration?
What is the procedure to put Employee Absconding in the Labour?

We at PRO Desk assist customers in applying the Absconding case in Immigration and Labour department. If any Employee remains absent and has not reported to the office for 7 consecutive days, the Employer can file an Absconding case against them at the Immigration and Labour. Following are the process to be followed:-

Type Electronic application form from any Tasheel Centre, the application will be registered in the Labour department and online approval will receive by the next day to the applicant. Take the approval printout and then submit the documents to the Immigration Department. For some Nationalities an Air Ticket fare needs to be deposited at the Immigration.

In case of fake filling of the Absconding report, the Employer shall be bound to pay AED 10,000 as a penalty and the company file will be banned from the transaction.
Bank Guarantee amount will be not be refunded as against that particular Employee in the system.

Question – What is the annual leave entitlement of the Employee?

The Employee is entitled to Annual leave yearly for every year of service provided. The leave is calculated as below:-

1. If the employee has completed his services more than 6 months and less than one year then Two days leave for every month of the service provided.
2. The employee is entitled for thirty days annually on successfully completing one year of services in the company. If the employee completes more than a year and wants to avail leave after 15 months, the employee is eligible for 30 days of last year and fraction of leave of the current year.

What should be considered while annual leave calculation is done of the employee?
The employee is entitled to receive his basic wage plus his accommodation allowance during the annual leave calculation. Any other allowances which he receives in the working month should also be considered in calculating the annual leave pay.

Right of the Employer and Employee on Leave period.
The employer has the right to decide on employee annual leave to be taken after completing the year and if required he is entitled to divide the leave into two parts depending on the nature of the work.
The Employee is not required to work during his annual leave more than once during 2 consecutive years of the service provided. The Employer if required can defer the annual leave once in 2 consecutive years provided that the employee is being paid the annual leave wages. The employee has the right to be paid his full wage before taking his annual leave, plus the wage of the leave days he has accrued.

Calculation of the Annual leave due during Termination or Resignation
If the employee is Terminated or Resigned from the job the annual leave calculation will be done from the date of joining until the time of Termination or Resignation. If the period is more than 6 months or less than a year then the employee is entitled to receive:-
– Two days of leave every month from the date of joining.
– If it is more than a year than 30 days of annual leave is considered
– If the employee has completed 15 months and then the leave period of 30 days plus 2 days of every month from the completion of one year.

s per the Article 79- An employee is entitled to receive cash in lieu of annual leaves not availed by him, if he was dismissed or if he left the service , after the period of notice stipulated by law. Cash in lieu is calculated on the basis of pay received by the employee at the time of maturity of such leave.

In other words, the employee is entitled to payment for the annual leave period not taken if the employment is terminated either by way of resignation or termination. Such payment is calculated on the basis of the basic wage received at the time the leave was due.

Accrued leave pay is based on only basic pay it doesn’t includes housing, transport or other allowances.

 As per the Article (80)– Annual leave salary shall be paid to the employee before taking his annual leave, the employee shall be paid his full wage, plus the wage of his leave days he deserves according to the provision of this law.