8/2/2019 UAE Labor Law 2011

1/2

UAE | Employment

N e w wo r k p e r m it r u le s t o a p p ly in

UAE fr om 20 11The resolution says that the new employment permit will only be granted to the

worker after the end of his work relationship with his employer

WAM

Published: 15:56 December 18, 2010

Once operational, the new rules w ill replace the current

formalities of transfer of sponsorship f or expatriate

w orkers

Image Credit: MEGAN HIRONS

MAHON/Gulf New s

Abu Dhabi: An employee with an expired contract can obtain a new work perm it

and move to another employer without the passing of the currently legitimate six-month

period and consent of his spons or, according to a new resolution issued by Saqr

Gobash, the Minister of Labour.

The new regulations on conditions and criteria of issuing new work permit for a worker

after the expiry of his s ervice contract and transfer of sponsorship wil l take effect as of

January 1, 2011 in im plementation of the Cabinet resolution No 25 o f 2010 regarding

internal work pe rmit at the Ministry of Labour.

Once operational, the new rules will replace the current formalities of transfer of

sponsorship for expatriate workers.

The resolution says that the new employment permit wi ll only be granted to the worker

after the end of his work relationship with his employer without consideration of the

legitimate six month period which is usually calculated after the cancellation of the

workers labour card, but s tipulates two mus t-do conditions:

Decembe r 18 2010 | Last updated 2 minutes ago

gulfnews.com

Share this article

12/18/2010 gulfnews : New work permit rules to apply in

gulfnews.com//new-work-permit-rules-to-ap 1/2

8/2/2019 UAE Labor Law 2011

2/2

1. The two contracting parties mu st have ended their work relationsh ip cordially

2. The worker should have worked wi th h is employer for at least two years the

duration of the new labour card which wil l be is sued by early January.

The res olution defines two cases where the worker can obtain the new work permit

after the end of the contractual relationship wi thout the agreement of the two contracting

parties:

1. When the em ployer fails to honour his lega l or contractual obligations

2. In the condition of expiry of work relations hip where the worker is not respons ible forit, but there i s a complaint filed by the worker against his firm. In this case, an

inspection report should prove that the firm has been out of business for more than two

months and that the worker has reported to the m inist ry. The labour dispute s hould

have been referred by the minis try to the court provided that the court hands out a fina l

verdict ordering the employer to pay to the worker salaries of at leas t two m onths in

compens ation for the arbitrary sacking or terminating of the contract prematurely, or any

other righ ts .

The res olution also defines three cases where the w orker shall have the right to get a

work permit without fulfilling the condition of working at least two years with the

employer:

1. When joining his new job, the worker should be class ified in the firs t, second or third

profess ional class and that his salary should not be less than Dh12,000; Dh7,000; and

Dh5,000; if he i s in the firs t, second and third class respectively.

2. Non-comp liance of the employer with legal and labour obligations towards the

worker or in the cas e where the worker has no role in terminating the work relationsh ip.

3. Trans ferring the worker to another firm the employer owns it or has s takes in it.

Gobas h said the new measures aim to infuse b roader flexibi lity in the labou r market

and s trike a balance in the contractual relationship between the employer and worker.

The ministry wi ll only interfere in the employer-worker contractual relations hip if it

detects infringement in obligations stated in the labour contract, he s aid, affirm ing the

ministrys determina tion to guarantee rights of both parties legally.

Giving the private sector more freedom of movem ent will have autom atic impact on

employers by the way of preserving their interests through creating many options for

recruiting skillful workers as per the supply-dem and equation, Gobash added.

He said the new measures were subject to dialogue and consultation with local

s takeholders in im plementation of directives of the w ise leadership for crafting policies

and legislations that fit well into the developments in labour market and curb any

malpractices.

The new regulations constitutes key elem ents of labour reforms which part of them

have already executed and the other parts wi ll be in place in the near future, he said.

These measures, he s aid, were expected to p lay a m ajor role in advancing efforts

towards creating an efficient labour market and sharpening competitiveness and

transformation towards a knowledge-driven economy.

12/18/2010 gulfnews : New work permit rules to apply in

gulfnews.com//new-work-permit-rules-to-ap 2/2