UAE Work Permit and Visa | Complete guide

Thu, 11 Jul, 2024

The United Arab Emirates (UAE) is a thriving hub for professionals worldwide, offering a dynamic work environment and numerous opportunities for career growth.

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With its robust economy, modern infrastructure, and cosmopolitan lifestyle, the UAE attracts expatriates seeking to enhance their professional and personal lives. However, navigating the legal and administrative requirements for working in the UAE can be complex. This guide aims to provide a comprehensive overview of the work permit and visa process, ensuring a smooth transition for those planning to work in this vibrant country.

Overview of Working in the UAE

The UAE boasts a diverse and rapidly growing economy, supported by key sectors such as finance, real estate, tourism, technology, and healthcare. The country’s strategic location, connecting East and West, makes it an ideal place for international business and trade. Moreover, the UAE government has implemented numerous initiatives to create a business-friendly environment, fostering innovation and entrepreneurship.

Professionals working in the UAE can benefit from:

  • Tax-Free Income: One of the most attractive aspects of working in the UAE is the tax-free salary, allowing expatriates to maximize their earnings.
  • High Standard of Living: The UAE offers a high standard of living with world-class amenities, healthcare, education, and entertainment options.
  • Multicultural Environment: With a large expatriate population, the UAE is home to a rich blend of cultures, languages, and traditions, providing a unique and inclusive work environment.
  • Career Opportunities: The UAE’s rapidly expanding economy offers ample opportunities for career advancement across various industries.

 

Importance of Understanding Work Permits and Visas

To legally work in the UAE, expatriates must obtain the appropriate work permits and visas. Understanding these requirements is crucial for several reasons:

1.Legal Compliance:

  • Working without the correct permits and visas can result in severe penalties, including fines, deportation, and bans on future entry into the UAE.
  • Ensuring compliance with local laws and regulations protects both the employee and employer from legal issues.

2.Job Security:

  • Having the correct work permits and visas provides job security, as it legitimizes the employment relationship and ensures access to legal protections and benefits.
  • Employees can confidently navigate their roles without fear of legal repercussions.

3.Access to Benefits:

  • Proper documentation is necessary to access various benefits, such as healthcare, banking services, and accommodation.
  • It also facilitates the process of sponsoring family members for residence visas, enhancing the expatriate experience.

4.Smooth Transition:

  • Understanding the work permit and visa process helps in planning and executing a smooth transition to working in the UAE.
  • It allows for timely preparation of necessary documents and adherence to application procedures, minimizing delays and complications.

By grasping the essentials of work permits and visas, expatriates can ensure a legal, secure, and enjoyable work experience in the UAE. This guide will delve into the various types of work permits and visas, eligibility criteria, application processes, and other critical aspects to help you navigate your journey with confidence.

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Types of Work Permits and Visas in the UAE

 

Navigating the various types of work permits and visas available in the UAE is essential for ensuring a smooth and legal work experience. This section provides detailed information on the main types of work permits and visas, including eligibility criteria, application processes, and relevant resources.

 

Employment Visa

 

An employment visa is the most common type of work visa in the UAE, issued to expatriates who have secured a job with a UAE-based employer.

Feature

Details

Eligibility

Individuals with a job offer from a UAE-based employer

Application Process

Initiated by the employer, involving medical tests, document submission, and visa stamping

Duration

Typically issued for 1- 2 years, renewable

Requirements

Passport, job offer letter, medical fitness certificate, attested educational certificates

Processing Time

2-4 weeks

  

 

Freezone Visa

 

A freezone visa is issued to employees working within one of the UAE's many free zones. These zones offer special tax and regulatory benefits.

Feature

Details

Eligibility

Individuals employed by companies operating in a UAE free zone

Application Process

Managed by the free zone authority, including medical tests and document verification

Duration

Typically issued for 1 years, renewable

Requirements

Passport, employment contract, medical fitness certificate, educational certificates

Processing Time

2-3 weeks

  

 

Temporary Work Permit

 

A temporary work permit allows individuals to work in the UAE for a short duration, usually for specific projects or seasonal work.

Feature

Details

Eligibility

Individuals hired for short-term projects or seasonal work

Application Process

Employer applies through the Ministry of Human Resources and Emiratisation (MOHRE)

Duration

Up to 6 months

Requirements

Passport, job offer letter, project details, medical fitness certificate

Processing Time

1-2 weeks

  

 

Part-Time Work Permit

 

A part-time work permit is available for individuals who wish to work part-time in addition to their full-time job, or for students and individuals on a family visa.

Feature

Details

Eligibility

Individuals with a full-time job, students, individuals on a family visa

Application Process

Employer submits application through MOHRE

Duration

Typically issued for 1 year, renewable

Requirements

Passport, no-objection certificate from full-time employer (if applicable), medical fitness certificate

Processing Time

1-2 weeks

  

 

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Eligibility Criteria for Each Type of Work Permit and Visa in the UAE

 

Understanding the eligibility criteria for various types of work permits and visas is crucial to ensure a smooth application process. Below, we detail the general requirements for all applicants, specific requirements based on visa type, and the qualifications and documentation needed.

General Requirements for All Applicants

  • Valid Passport: All applicants must have a valid passport with at least six months of validity remaining.
  • Photographs: Recent passport-sized photographs are required.
  • Health and Fitness: Applicants must pass a medical fitness test conducted by an authorized medical center in the UAE.
  • Background Check: A police clearance certificate or background check from the applicant's home country may be required.
  • Sponsorship: Applicants must have a sponsor, which can be an employer, freezone authority, or family member.

 

Specific Requirements Based on Visa Type

 

Employment Visa

 

Requirement

Details

Job Offer

A job offer from a UAE-based employer

Employment Contract

A signed employment contract specifying the job role, salary, and duration

Medical Fitness Certificate

A medical fitness certificate from an authorized UAE medical center

Attested Educational Certificates

Attested educational and professional qualifications, as required by the job role

Approval from MOHRE

Approval from the Ministry of Human Resources and Emiratisation (MOHRE)

 

Freezone Visa

 

Requirement

Details

Employment by Freezone Company

Employment with a company operating within a UAE free zone

Freezone Authority Approval

Approval from the relevant free zone authority

Employment Contract

A signed employment contract specifying the job role, salary, and duration

Medical Fitness Certificate

A medical fitness certificate from an authorized UAE medical center

Attested Educational Certificates

Attested educational and professional qualifications, as required by the job role

 

Temporary Work Permit

 

Requirement

Details

Short-Term Job Offer

A job offer for a specific project or seasonal work

Project Details

Documentation outlining the project scope and duration

Medical Fitness Certificate

A medical fitness certificate from an authorized UAE medical center

Approval from MOHRE

Approval from the Ministry of Human Resources and Emiratisation (MOHRE)

 

Part-Time Work Permit

 

Requirement

Details

Existing Employment or Student Status

For those already employed full-time or students and individuals on a family visa

No-Objection Certificate

No-objection certificate from the current full-time employer (if applicable)

Medical Fitness Certificate

A medical fitness certificate from an authorized UAE medical center

Part-Time Job Offer

A job offer for part-time work specifying the job role and hours

Approval from MOHRE

Approval from the Ministry of Human Resources and Emiratisation (MOHRE)

 

Qualifications and Documentation Needed

1. Valid Passport:

  • Must be valid for at least six months.
  • Multiple passport-sized photos as specified by the visa type.

2. Medical Fitness Certificate:

  • Issued by an authorized UAE medical center.
  • Required for all visa types.

3. Educational Certificates:

  • Must be attested by the relevant authorities in the applicant's home country and the UAE Ministry of Foreign Affairs.
  • Specific requirements depend on the job role and visa type.

4. Employment Contract:

  • A signed contract specifying job details, salary, and duration.
  • Required for employment, freezone, and part-time work permits.

5. No-Objection Certificate (if applicable):

  • For part-time work permits, a no-objection certificate from the current full-time employer is required.

6. Approval from Relevant Authorities:

  • Employment and temporary work permits require MOHRE approval.
  • Freezone visas require approval from the respective freezone authority.

 

 

What is the Difference between Work Permit and Work Visa in UAE?

 

Work Permit

 

Feature

Description

Purpose

Grants permission to work only for a specific employer in the UAE, it’s not including residency, you should have a resident visa.

Issuing Authority

Ministry of Human Resources and Emiratisation (MOHRE) or relevant freezone authority

Application Process

Employer submits application with required documents to MOHRE or freezone authority

Validity

Typically 1-2 years, renewable

Requirements

Job offer, medical fitness certificate, attested educational certificates

Associated Costs

Costs usually borne by the employer

Renewal

Employer must apply for renewal before expiration

 

Work Visa

 

Feature

Description

Purpose

Permits entry and residence in the UAE for employment purposes

Issuing Authority

General Directorate of Residency and Foreigners Affairs (GDRFA)

Application Process

Following work permit approval, employer applies for entry visa; upon entry, residency stamping is completed

Validity

Typically 1-2 years, aligned with work permit's validity

Requirements

Valid work permit, entry permit

Associated Costs

Costs usually borne by the employer

Renewal

Employer must apply for renewal before expiration

 

Understanding the Process

1.Work Permit:

  • Step 1: Obtain a job offer from a UAE-based employer.
  • Step 2: Gather necessary documents (passport, photos, medical fitness certificate, attested educational certificates).
  • Step 3: Employer submits work permit application to MOHRE or the relevant freezone authority.
  • Step 4: Await approval from the relevant authorities.
  • Step 5: Receive the work permit, allowing you to work legally for the employer.

2.Work Visa:

  • Step 1: Following work permit approval, the employer applies for an entry visa.
  • Step 2: Use the entry visa to enter the UAE.
  • Step 3: Undergo further medical tests and register for an Emirates ID.
  • Step 4: Employer submits your passport for residency stamping.
  • Step 5: Once stamped, the work visa allows you to reside in the UAE for the duration of your employment contract.

 

What is the Difference Between Skilled and Unskilled Work Visa?

 

Understanding the distinction between skilled and unskilled work visas is crucial for both employers and employees planning to work in the UAE. Each type of visa has specific requirements, benefits, and implications for the job market and the workers themselves.

Definition

Skilled Work Visa:

  • Issued to individuals who have specialized skills, qualifications, and experience in their respective fields.
  • Typically requires higher educational qualifications such as a bachelor's degree or higher.
  • Examples include engineers, doctors, IT professionals, and managers.

Unskilled Work Visa:

  • Issued to individuals performing manual or basic labor tasks that do not require specialized skills or higher education.
  • Usually does not require advanced educational qualifications, though some basic education may be necessary.
  • Examples include construction workers, cleaners, domestic helpers, and general laborers.

Key Differences

Feature

Skilled Work Visa

Unskilled Work Visa

Educational Requirements

Bachelor's degree or higher

Basic education or no formal education

Skills and Experience

Specialized skills and significant work experience

Basic skills and minimal work experience

Job Roles

Professional and managerial positions

Manual labor and basic service roles

Salary and Benefits

Higher salaries and comprehensive benefits

Lower salaries with basic benefits

Application Process

More rigorous, involving validation of qualifications

Simplified, focusing on health and basic suitability checks

Tawjeeh Training

Not typically required

Mandatory for understanding rights and responsibilities

Contract Duration

Often longer contracts due to skilled nature of work

Typically shorter contracts, renewable

Renewal and Upgrading

Easier to renew and upgrade to higher positions

Limited opportunities for upgrades without additional skills

Health and Safety

Standard health checks

Extensive health checks to prevent communicable diseases

Educational Requirements

Skilled Work Visa:

  • Requires higher education degrees (bachelor's, master's, PhD).
  • Professional certifications and licenses may be necessary.

Unskilled Work Visa:

  • Requires basic education or literacy in some cases.
  • Focus is on physical fitness and basic understanding of tasks.

Skills and Experience

Skilled Work Visa:

  • Extensive professional experience in a specific field.
  • Demonstrable technical or managerial expertise.

Unskilled Work Visa:

  • Minimal to no prior experience required.
  • Basic training often provided on the job.

Job Roles

Skilled Work Visa:

  • Engineers, doctors, IT specialists, financial analysts, and other professional roles.

Unskilled Work Visa:

  • Construction workers, cleaners, domestic helpers, gardeners, and other manual labor roles.

Salary and Benefits

Skilled Work Visa:

  • Higher salary packages.
  • Comprehensive benefits including health insurance, housing allowance, and travel allowances.

Unskilled Work Visa:

  • Lower salary packages.
  • Basic benefits often include health insurance and sometimes accommodation provided by the employer.

Application Process

Skilled Work Visa:

  • Involves validation of educational and professional qualifications.
  • Often requires attestation of degrees and certificates.

Unskilled Work Visa:

  • Focuses on health checks and basic suitability for the job.
  • Simpler documentation requirements.

Tawjeeh Training

Skilled Work Visa:

  • Typically not required, as these employees are presumed to be aware of their rights and responsibilities.

Unskilled Work Visa:

  • Mandatory training session (Tawjeeh) to educate workers about their rights, duties, and UAE labor laws.

 

 

Medical Examination for all UAE Visas

 

Medical examinations are a crucial part of the visa application process in the UAE. These tests ensure that expatriates are fit to work and live in the country without posing any public health risks. Here’s a comprehensive guide covering the importance, procedures, and approved centers for medical examinations.

Importance of Medical Fitness Tests

Ensuring Public Health:

  • Medical fitness tests help prevent the spread of infectious diseases and ensure that individuals entering the UAE are healthy.
  • These tests are designed to detect diseases such as tuberculosis, HIV, hepatitis, and other contagious diseases that could pose a risk to public health.

Legal Requirement:

  • Under UAE law, all expatriates applying for a residence visa must undergo medical examinations. This is mandatory for first-time applicants as well as those renewing their visas.
  • Medical fitness is a prerequisite for obtaining and renewing work and residence visas in the UAE.

Employment Suitability:

  • Employers require medical fitness certificates to ensure that potential employees are physically capable of performing their job duties.
  • Medical tests also help in identifying any pre-existing conditions that might require special accommodations or treatment.

Procedures for Medical Examinations

Step-by-Step Process:

1.Schedule an Appointment:

  • Applicants must schedule an appointment at an approved medical center or clinic. This can often be done online or via phone.

2.Document Preparation:

  • Bring necessary documents, including a valid passport, recent passport-sized photographs, and the visa application form or reference number.

3.Visit the Medical Center:

  • Attend the medical examination at the scheduled time. The tests typically include:
    • Blood Test: To check for infectious diseases such as HIV and hepatitis.
    • Chest X-Ray: To screen for tuberculosis.
    • Physical Examination: A general physical check-up to assess overall health and fitness.

4.Test Results:

  • The medical center will process the tests and provide the results. This usually takes a few days.
  • If the tests indicate any health issues, the applicant will be informed, and further steps will be advised.

5.Medical Fitness Certificate:

  • Once the medical tests are successfully completed and the applicant is deemed fit, a medical fitness certificate will be issued.
  • This certificate is required to complete the visa application process.

Approved Medical Centers and Testing Facilities

The UAE has a network of approved medical centers and clinics authorized to conduct medical fitness tests for visa purposes. Here are some of the key centers in major cities:

Dubai:

  • Dubai Health Authority (DHA) Clinics:
    • Al Muhaisnah Medical Fitness Center
    • Al Safa Medical Fitness Center
    • Jumeirah Lake Towers (JLT) Medical Fitness Center

Abu Dhabi:

  • Health Authority Abu Dhabi (HAAD) Clinics:
    • Disease Prevention & Screening Center (DPSC) - Abu Dhabi
    • Al Ain Medical Fitness Center
    • Mafraq Hospital Screening Center

Sharjah:

  • Sharjah Medical District Clinics:
    • Al Ghubaiba Medical Fitness Center
    • Al Nasseriya Medical Fitness Center

Ras Al Khaimah:

  • Ras Al Khaimah Medical District Clinics:
    • Saqr Hospital Medical Fitness Center
    • Al Hamra Medical Fitness Center

Ajman:

  • Ajman Medical District Clinics:
    • Al Humaidiya Medical Fitness Center
    • Ajman Industrial Area Medical Fitness Center

Fujairah:

  • Fujairah Medical District Clinics:
    • Fujairah Medical Fitness Center
    • Dibba Medical Fitness Center

Umm Al Quwain:

  • Umm Al Quwain Medical District Clinics:
    • Umm Al Quwain Medical Fitness Center

 

Tawjeeh Training for Unskilled Visa Holders

 

Tawjeeh training is a mandatory educational program for unskilled laborers applying for work visas in the UAE. This initiative, overseen by the Ministry of Human Resources and Emiratisation (MOHRE), aims to educate workers on their rights and responsibilities, ensuring a better understanding of UAE labor laws and fostering a safer, more compliant work environment.

What is Tawjeeh Training?

Tawjeeh training is a comprehensive orientation program designed to:

  • Educate Workers: Provide essential information about UAE labor laws, workers' rights, and responsibilities.
  • Enhance Awareness: Increase awareness about workplace safety, health regulations, and the cultural norms of the UAE.
  • Prevent Exploitation: Ensure that workers understand their rights to prevent exploitation and abuse.

Key Features of Tawjeeh Training

Duration and Format:

  • Duration: The training typically lasts between 20 to 30 minutes.
  • Format: The training is delivered via a motion video that uses storytelling to make the content engaging and easy to understand.

Content Covered:

  • Labor Laws: Information on UAE labor laws, including contract terms, working hours, salary entitlements, and end-of-service benefits.
  • Rights and Responsibilities: Detailed explanation of workers' rights and responsibilities, both in and out of the workplace.
  • Health and Safety: Guidance on maintaining safety and health standards at work.
  • Cultural Sensitivity: Introduction to the cultural norms and expectations in the UAE.

Interactive Elements:

  • iPads and Headphones: Workers are provided with iPads and headphones to watch the training video.
  • MCQ Test: After the video, workers take a multiple-choice question (MCQ) test to ensure they have understood the content.

Certification:

  • Completion Certificate: Upon successful completion of the training and the test, workers receive a certificate, which is a prerequisite for the next steps in the visa application process, such as contract attestation.

Importance of Tawjeeh Training

Legal Compliance:

  • Mandatory for all unskilled workers applying for a work visa in the UAE.
  • Helps ensure that both employers and employees adhere to UAE labor laws, reducing the risk of legal issues.

Worker Protection:

  • Equips workers with the knowledge to protect themselves against exploitation and abuse.
  • Enhances workers' understanding of their rights, enabling them to seek help if needed.

Improved Workplace Relations:

  • Fosters better communication and understanding between employers and employees.
  • Contributes to a safer, more productive workplace by educating workers on safety practices and health regulations.

Read More about Tawjeeh: Tawjeeh Centers and Training in UAE

 

Emirates ID Application Step

 

The Emirates ID is a mandatory identification card issued by the Federal Authority for Identity and Citizenship (ICA) in the United Arab Emirates. It serves as the official identification for all UAE residents, including citizens and expatriates. The card contains personal information and biometric data, which are securely stored in a microchip.

Key Features:

  • Personal Information: Includes name, nationality, date of birth, and a unique identification number.
  • Biometric Data: Contains biometric information such as fingerprints and a digital photograph.
  • Secure Microchip: The card features an embedded microchip that securely stores the holder’s personal and biometric data.

Read More:

 

Application Process for an Emirates ID

Applying for an Emirates ID is a straightforward process that involves several key steps:

1.Preparation:

  • Ensure you have all necessary documents, including your passport, visa, and a recent passport-sized photograph.

2.Visit an ICA Typing Center:

  • Go to an authorized ICA typing center to complete the application form. The staff at the center will enter your details into the ICA system and generate an application form.

3.Submit Biometric Data:

  • Visit an ICA service center to submit your biometric data, including fingerprints and a digital photograph. This step is mandatory for first-time applicants and renewals.

4.Pay the Fees:

  • Pay the applicable fees for the Emirates ID application. The fees vary depending on the duration of the residency visa.

5.Receive Confirmation:

  • Once your application and biometric data are submitted, you will receive an SMS confirmation from the ICA with your application number.

6.Track Application Status:

  • You can track the status of your Emirates ID application online using the ICA website or mobile app by entering your application number.

7.Collect the Emirates ID:

  • After processing, you will receive an SMS notification to collect your Emirates ID from the designated post office or ICA center.

Application Process Summary:

Step

Description

Preparation

Gather necessary documents: passport, visa, photograph.

Typing Center Visit

Complete the application form at an ICA authorized typing center.

Biometric Submission

Submit biometric data (fingerprints, photograph) at an ICA service center.

Fee Payment

Pay applicable fees based on residency visa duration.

Confirmation

Receive SMS confirmation with application number.

Status Tracking

Track application status online via ICA website or mobile app.

ID Collection

Collect Emirates ID from the designated post office or ICA center after receiving notification.

 

Importance of the Emirates ID for Residents

The Emirates ID is crucial for several reasons:

1.Official Identification:

  • Serves as the primary form of identification for residents in the UAE.
  • Required for various official transactions, such as opening a bank account, signing rental agreements, and accessing government services.

2.Access to Services:

  • Necessary for accessing healthcare services, including public and private hospitals and clinics.
  • Required for obtaining and renewing driving licenses.

3.Security and Verification:

  • Enhances security by including biometric data, reducing the risk of identity theft and fraud.
  • Used for identity verification in government and private sector transactions.

4.Legal Requirement:

  • Mandatory for all UAE residents, with fines imposed for non-compliance or delays in application and renewal.

5.Convenience:

  • Facilitates quick and easy verification of identity, streamlining various administrative processes.

 

The Employment Contract and Employee Rights

 

An employment contract is a legally binding document that outlines the terms and conditions of employment between an employer and an employee. In the UAE, it is crucial for several reasons:

1.Legal Protection:

  • Provides legal protection for both parties by clearly defining roles, responsibilities, and expectations.
  • Helps prevent disputes and misunderstandings by documenting agreed-upon terms.

2.Clarity and Transparency:

  • Ensures that both the employer and employee understand their rights and obligations.
  • Promotes transparency in the employment relationship, fostering trust and cooperation.

3.Compliance:

  • Ensures compliance with UAE labor laws and regulations.
  • Protects the employer from legal repercussions by adhering to statutory requirements.

4.Employee Rights:

  • Safeguards employee rights by specifying terms related to salary, benefits, working hours, and leave entitlements.
  • Provides a basis for resolving disputes through legal channels if necessary.

Key Elements of an Employment Contract in the UAE

A comprehensive employment contract in the UAE should include the following elements:

1.Job Title and Description:

  • Clearly specifies the job title and a detailed description of duties and responsibilities.

2.Salary and Benefits:

  • Details the salary, including the basic salary and any additional allowances (e.g., housing, transportation).
  • Specifies benefits such as health insurance, end-of-service gratuity, and bonuses.

3.Working Hours:

  • Defines the standard working hours per week and any provisions for overtime.
  • Includes information about break times and days off.

4.Probation Period:

  • States the duration of the probation period, typically up to six months.
  • Outlines the conditions under which employment can be terminated during this period.

5.Leave Entitlements:

  • Specifies annual leave entitlements, sick leave, and other types of leave (e.g., maternity, paternity).

6.Contract Duration and Renewal:

  • Indicates the length of the contract (fixed-term or indefinite) and conditions for renewal or termination.

7.Notice Period:

  • Defines the notice period required for both parties in the event of termination or resignation.

8.Confidentiality and Non-Compete Clauses:

  • Includes clauses that protect the employer's confidential information and restrict the employee from competing with the employer for a specified period after leaving the company.

9.Grievance and Dispute Resolution:

  • Outlines the process for addressing grievances and resolving disputes, including reference to labor courts if necessary.

10.Signatures:

  • Must be signed by both the employer and the employee to be legally binding.

 

Legal Requirements and Employee Rights

1.Compliance with UAE Labor Law:

  • All employment contracts must comply with UAE Federal Law No. 8 of 1980 (UAE Labor Law) and any amendments.
  • The contract should be written in Arabic or bilingual (Arabic and English), with Arabic being the prevailing language in case of disputes.

2.Employee Rights:

  • Wages: Employees are entitled to fair wages, which must be paid on time. The Wages Protection System (WPS) ensures timely payment of salaries.
  • Working Hours: Standard working hours are 8 hours per day or 48 hours per week. During Ramadan, working hours are reduced by 2 hours per day.
  • Overtime Pay: Employees are entitled to overtime pay for hours worked beyond the standard working hours.
  • Leave Entitlements: Employees are entitled to annual leave, sick leave, and maternity leave, as stipulated by UAE labor law.
  • End-of-Service Gratuity: Upon termination, employees are entitled to an end-of-service gratuity based on the length of service.

3.Termination and Notice Period:

  • Employers must provide a valid reason for termination, and employees must be given a notice period as specified in the contract.
  • Arbitrary dismissal is prohibited, and employees can seek redress through labor courts.

4.Health and Safety:

  • Employers are required to provide a safe working environment and comply with health and safety regulations.

5.Non-Discrimination:

  • Employees are protected from discrimination based on race, gender, nationality, religion, or disability.

 

Employee Rights and Responsibilities

 

Understanding employee rights and responsibilities is crucial for ensuring a fair and productive work environment in the UAE. The UAE labor law, governed by Federal Law No. 8 of 1980 (as amended), outlines the rights and obligations of both employees and employers. Here is a detailed overview:

Employee Rights

1. Wages:

  • Timely Payment: Employees have the right to receive their agreed-upon wages on time. The UAE has implemented the Wages Protection System (WPS) to ensure timely salary payments.
  • Minimum Wage: While the UAE does not have a statutory minimum wage, specific sectors and freezones may have their own minimum wage standards.

2. Working Hours:

  • Standard Hours: The maximum working hours are 8 hours per day or 48 hours per week. During the month of Ramadan, working hours are reduced by 2 hours per day.
  • Overtime Pay: Employees are entitled to overtime pay at the rate of 125% of their regular pay for normal overtime hours, and 150% for overtime worked between 9 PM and 4 AM.

3. Leave Entitlements:

  • Annual Leave: Employees are entitled to a minimum of 30 days of paid annual leave after completing one year of service. For employees with less than a year of service, leave is granted on a pro-rata basis.
  • Sick Leave: Employees are entitled to up to 90 days of sick leave per year, with the first 15 days fully paid, the next 30 days at half pay, and the remaining 45 days unpaid.
  • Maternity Leave: Female employees are entitled to 45 days of paid maternity leave, provided they have completed at least one year of continuous service. If the employee has less than a year of service, the leave is half-paid.
  • Paternity Leave: Male employees are entitled to 5 days of paid paternity leave.

4. Health Insurance:

  • Coverage: Employers are required to provide health insurance for their employees. This includes basic medical coverage, which may vary depending on the employer’s plan.
  • Access to Healthcare: Employees are entitled to access healthcare services covered under their health insurance plan, ensuring they receive necessary medical attention.

5. End-of-Service Gratuity:

  • Employees who have completed at least one year of continuous service are entitled to an end-of-service gratuity. The gratuity is calculated based on the length of service:
    • 21 days of pay for each year of service for the first five years.
    • 30 days of pay for each additional year beyond five years.

6. Termination Protection:

  • Notice Period: Employees must be given a notice period of at least 30 days before termination, unless termination is for a valid cause.
  • Unfair Dismissal: Employees cannot be terminated without a valid reason. Arbitrary dismissal can be contested in labor courts.

7. Health and Safety:

  • Employees have the right to work in a safe and healthy environment. Employers must comply with occupational health and safety regulations to prevent workplace injuries and accidents.

8. Freedom from Discrimination:

  • Employees are protected against discrimination based on race, color, gender, religion, nationality, or disability.

9. Access to Legal Recourse:

  • Employees can file complaints with the Ministry of Human Resources and Emiratisation (MOHRE) or labor courts if they believe their rights have been violated.

Employee Responsibilities

1. Adherence to Employment Contract:

  • Employees must adhere to the terms and conditions outlined in their employment contract, including job responsibilities, working hours, and conduct standards.

2. Performance and Professionalism:

  • Employees are expected to perform their duties to the best of their abilities and maintain a professional demeanor in the workplace.

3. Respect for Company Policies:

  • Employees must comply with company policies and procedures, including those related to safety, confidentiality, and ethical behavior.

4. Notice Period for Resignation:

  • When resigning, employees must provide their employer with the required notice period as specified in their employment contract or as mandated by labor law (typically 30 days).

5. Maintenance of Workplace Safety:

  • Employees have a responsibility to follow safety guidelines and report any hazards or unsafe conditions to their employer.

6. Protection of Company Assets:

  • Employees must take care of the company’s property and assets, and avoid misuse or damage.

7. Confidentiality:

  • Employees are required to maintain the confidentiality of company information and not disclose it to unauthorized parties.

8. Non-Compete Agreements:

  • If included in the employment contract, employees must adhere to non-compete clauses, which may restrict them from working with competitors for a specified period after leaving the company.

 

Legal Protections and Where to Seek Help

 

1. Ministry of Human Resources and Emiratisation (MOHRE):

  • MOHRE provides support and mediation services for employment-related issues. Employees can file complaints online or visit MOHRE service centers for assistance.

Hotline Number for MOHRE:

  1. Phone600590000.
  2. Emailask@mohre.gov.ae

 

2. Labor Courts:

  • Labor courts handle disputes between employees and employers, providing a legal avenue for resolving conflicts. Employees can seek legal redress for issues such as unfair dismissal, unpaid wages, and other labor rights violations.

 

Renewal and Cancellation FAQs

 

Can I Cancel My Employment Visa Before 6 Months?

Yes, you can cancel your employment visa in the UAE before 6 months. However, this process typically requires the involvement of your employer or sponsor. Here’s a detailed overview of the process and considerations:

Steps for Cancelling an Employment Visa

  1. Employer's Role: The employer must initiate the cancellation process. This involves canceling the employment contract and labor card through the Ministry of Human Resources and Emiratisation (MOHRE).

  2. Required Documentation:

    • Cancellation application form signed by both employer and employee.
    • Employee’s original passport.
    • Original Emirates ID.
    • Clearance letter from MOHRE confirming that the employee has received all due wages and end-of-service benefits.
  3. Submitting the Application:

    • The employer can submit the cancellation request at the General Directorate of Residency and Foreigners Affairs (GDRFA) office or an Amer Center.
    • Alternatively, the application can be processed online through the GDRFA website or ICP portal.
  4. Processing Time: The visa cancellation process usually takes 1-5 business days.

Fees and Additional Considerations

  • Cancellation Fees: The fee for canceling an employment visa is typically around AED 500. Additional fees may apply depending on the method of cancellation (online or in-person) and any associated service charges.
  • Employer's Obligation: The employer is responsible for paying the visa cancellation fees.
  • Grace Period: Once the visa is canceled, you typically have a 30-day grace period to either obtain a new visa or leave the UAE.

What to Do If Your Employer Refuses to Cancel the Visa

If your employer refuses or delays the cancellation of your visa, you can seek assistance from Amer Centers or the Ministry of Human Resources and Emiratisation. They can mediate and ensure that the visa is canceled in accordance with UAE laws.

Q: What is the process for renewing a work permit and visa in the UAE?

The renewal process involves:

  • Application: Submit the renewal application through the MOHRE or relevant freezone authority before the expiry date.
  • Documents: Provide updated documents, including passport, medical fitness certificate, and any other required paperwork.
  • Fees: Pay the necessary renewal fees.

Q: How do I cancel a work permit and visa in the UAE?

The employer is responsible for initiating the cancellation process. This involves:

  • Employer Responsibility: Employers must initiate the cancellation process through the MOHRE or freezone authority.
  • Process: Submit a cancellation request, provide necessary documents, and settle any outstanding dues.
  • Return Documents: The employee's Emirates ID and labor card must be returned.

Q: What are the consequences of not renewing or canceling a work permit and visa properly?

Failure to renew or cancel a work permit and visa properly can lead to:

  • Fines: Penalties and fines for non-compliance.
  • Legal Issues: Potential legal complications, including bans on future employment in the UAE.

Q: What is unemployment insurance in the UAE?

Unemployment insurance provides financial support to individuals who lose their jobs involuntarily. It typically covers a percentage of the last drawn salary for a specified period.

Read More: Unemployment Insurance – Complete Guide

Q: Why is it important to have unemployment insurance before canceling your visa?

Having unemployment insurance before visa cancellation ensures:

  • Financial Security: Provides financial support during the transition period after job loss.
  • Legal Requirement: Helps avoid penalties and fines during the visa cancellation process.

Q: How can I sponsor family members to join me in the UAE?

To sponsor family members:

  • Sponsorship: Employees can sponsor their spouse, children, and sometimes parents.
  • Criteria: Must meet salary and accommodation requirements.

Q: What are the eligibility requirements for family visas?

Eligibility requirements include:

  • Salary Requirements: Minimum salary requirement varies; typically AED 4,000 or AED 3,000 plus accommodation.
  • Documents: Marriage certificate, birth certificates, passport copies, and tenancy contract.

Q: What is the application process for family visas?

The application process involves:

  • Application: Apply through the GDRFA or relevant authorities.
  • Documents: Provide attested documents, passport copies, medical fitness certificates, and Emirates ID applications for dependents.

 

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Disclaimer: The information provided in this article is intended for general informational purposes only. The details mentioned are based on the best available information at the time of publication and are subject to change without notice due to possible updates in the educational policies or changes in the scheduling by the respective authorities. Readers are encouraged to consult the relevant offices directly for the most accurate and updated information. 

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