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New Labor Laws in the UAE

 
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celticbutterfly



Joined: 13 Jul 2009
Posts: 41

PostPosted: Tue Dec 28, 2010 5:13 am    Post subject: New Labor Laws in the UAE Reply with quote

Might make it easier for TEFL'ers to change to a better-paying job without having the hassle of obtaining NOC's and/or being banned for working for 6 months. Two year contracts? Hmm...

http://www.thenational.ae/news/uae-news/politics/employers-criticise-new-labour-regulations
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homeless vet



Joined: 01 Apr 2009
Posts: 80

PostPosted: Tue Dec 28, 2010 9:29 am    Post subject: Reply with quote

"We did a study and found that 70 per cent of employees end their contracts before completing the three years."

Yes, but changing the law isn't going to change this...changing the sorry country might, though.
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elmoro



Joined: 12 Feb 2010
Posts: 58
Location: The Emerald City

PostPosted: Tue Dec 28, 2010 1:28 pm    Post subject: Reply with quote

"We used to have control over them, and we knew it wasn't easy from them to go, now we will lose this control."

yeah, i wouldn't have given my last name either.

"This is really bad news, this means we will have to pay our employees their end of service payments at the end of their contracts after two years,"

he didn't give his last name either.

bet my salary they are related and their last name is al scumbagee! sad as it may sound, this pretty much sums up the situation.

elmoro

THE HORROR, THE HORROR!
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veiledsentiments



Joined: 20 Feb 2003
Posts: 17644
Location: USA

PostPosted: Tue Dec 28, 2010 3:38 pm    Post subject: Reply with quote

This may not be related to education... hard to tell as it isn't stated. The contracts used to be two years. Not to mention that I know dozens of people who have gone from job to job in the Emirates. There has been lots of discussion here about places having a "no poaching" policy, but none of NOCs.

VS
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republocrat



Joined: 14 May 2010
Posts: 70
Location: Stuck in Traffic on Airport Road

PostPosted: Tue Dec 28, 2010 6:10 pm    Post subject: Reply with quote

Yeh, that's great news. Now they'll have to treat people decently, instead of like they were bonded labour - which will be difficult for some Emiratis.

Actually, the other main sticking point is that of the contractual bonus. At present the employer holds on to it until you leave, or get fired, in which case it gets reduced considerably, which means unscrupulous employers (about 90% of them) have a good incentive to fire you before the end of your Nth contract.

I'd like to see it paid either at the end of each year, or at the end of each contract. Some of my colleagues' employers are sitting on a gratuity worth 15 months salary, which is a lot of money to be stuck in your employer's grubby hands. It would be far better to have it sitting in your bank account collecting interest, and away from the whims of an Emirati boss.
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Never Ceased To Be Amazed



Joined: 22 Oct 2004
Posts: 3500
Location: Shhh...don't talk to me...I'm playin' dead...

PostPosted: Wed Dec 29, 2010 12:04 am    Post subject: Reply with quote

homeless vet wrote:
Yes, but changing the law isn't going to change this...changing the sorry country might, though.


HV, i'm sorry to point out that contrary to you accusation, the country is NOT SORRY! In fact, it doesn't have an apologetic bone in it's national body...

"Sorry" would insinuate that there is something to be contrite about...

NCTBA
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veiledsentiments



Joined: 20 Feb 2003
Posts: 17644
Location: USA

PostPosted: Wed Dec 29, 2010 12:22 am    Post subject: Reply with quote

republocrat wrote:
I'd like to see it paid either at the end of each year, or at the end of each contract. Some of my colleagues' employers are sitting on a gratuity worth 15 months salary, which is a lot of money to be stuck in your employer's grubby hands. It would be far better to have it sitting in your bank account collecting interest, and away from the whims of an Emirati boss.

Of course, but don't hold your breath. It certainly isn't to their advantage to pay it out annually. Why should they pay it out when it is an incentive for you to stick around and watch it build. I have a number of friends who retired from their jobs there with nearly 20 years of accumulated gratuity. The advantage for those who manage to do so is that it is based on their current salary... not their salary at the beginning. Cool

For many it is also a forced savings plan... since they would have blown it if paid each year rather than socking it away.

VS
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helenl



Joined: 04 Jan 2006
Posts: 1202

PostPosted: Wed Dec 29, 2010 6:02 am    Post subject: Reply with quote

I for one would prefer to get my EOS benes at least at the end of each contract or better yet, at the end of each year completed - mainly because most don't fund the EOS accounts as they go along - if everyone left HCT tomorrow, giving proper notice and following all the rules, HCT would find it difficult if not impossible to pay up in full and on time. That's one of the sub-reasons they refused to pay summer payroll in advance this past year (as they have done since the inception). They don't have the $$ in their accounts.
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elmoro



Joined: 12 Feb 2010
Posts: 58
Location: The Emerald City

PostPosted: Wed Dec 29, 2010 9:14 am    Post subject: Reply with quote

these are what i call movie theater laws. when i was young, my father wouldn't let me go to the R rated movies because it was the "law". i asked him the rationale of a "law" that is not enforced. he had no answer.

example, it is the "law" that these companies can not hold the passport of employees, but when i pointed this out to a hr guy, he promptly replied, "if the shaikh wants to enforce this law, let him come and get the passport himself." also, this national id clearly states that no one is allowed to hold your id as collateral, but everyone does it anyway. like VS told someone on another thread, if you open a case (even one that you will probably win) you will probably spend more money than you will win.

btw, the he guy in the passport issue asked me how they would control their employees if they didn't keep the passport. i suggested that they try fairness and kindness.

i also call them catch 22 laws because if you try to open a case, they can just cancel you, refuse to give you time off so that you can go to the court, or just make life plain miserable for you.

elmoro

THE HORROR, THE HORROR!
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Captain Willard



Joined: 11 Sep 2010
Posts: 251

PostPosted: Sun Jan 02, 2011 6:23 pm    Post subject: Reply with quote

How then can they control the individual with a second passport, when no exit visa is required?

Why is anyone giving the property of his/her government to a private individual?

When governments invest in security measures to prevent counterfeit passports, why do they permit private individuals to hold their property for non-governmental purposes?

elmoro wrote:

btw, the he guy in the passport issue asked me how they would control their employees if they didn't keep the passport. i suggested that they try fairness and kindness.

i also call them catch 22 laws because if you try to open a case, they can just cancel you, refuse to give you time off so that you can go to the court, or just make life plain miserable for you.

elmoro

THE HORROR, THE HORROR!
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veiledsentiments



Joined: 20 Feb 2003
Posts: 17644
Location: USA

PostPosted: Sun Jan 02, 2011 7:17 pm    Post subject: Reply with quote

Captain Willard wrote:
How then can they control the individual with a second passport, when no exit visa is required?

First off... very few people have two passports, so this becomes moot.

Captain Willard wrote:
Why is anyone giving the property of his/her government to a private individual?

Because if you don't, you will no longer be employed or be allowed to stay in the country as you will not have a visa.

Captain Willard wrote:
When governments invest in security measures to prevent counterfeit passports, why do they permit private individuals to hold their property for non-governmental purposes?

Because our government has zero control over employers in another country.

VS
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elmoro



Joined: 12 Feb 2010
Posts: 58
Location: The Emerald City

PostPosted: Mon Jan 03, 2011 4:10 am    Post subject: Reply with quote

Captain Willard wrote:
Quote:
How then can they control the individual with a second passport, when no exit visa is required?


but an entrance visa is needed if you want to exit. i'm sure it is possible and probably has been done in the past, but it is not the standard and they give you a really hard time if you do not have an entrance visa.

basically, capt. w, if you stand up for your "rights" as a worker, you will be sent packing. thus the catch 22!!! one employer tried to keep my passport and i told him to call the state department and ask them to demand that i turn it over. well, they never asked again.

all of this stuff is window dressing for an empty store.

elmoro
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helenl



Joined: 04 Jan 2006
Posts: 1202

PostPosted: Mon Jan 03, 2011 6:58 am    Post subject: Reply with quote

And should you use one passport for entrance and another for exit, the second is not in the system (and it IS checked/scanned/typed in - no matter that you do not require a formal exit pass) you will be subject to some very serious questions by the authorities, especially if you cannot produce the first passport.
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Captain Willard



Joined: 11 Sep 2010
Posts: 251

PostPosted: Fri Jan 07, 2011 4:13 am    Post subject: Reply with quote

veiledsentiments wrote:
First off... very few people have two passports, so this becomes moot.

As previously stated by myself and others, it isn't really that difficult to get a second passport. For Brits, it isn't a problem at all. U.S. citizens may apply for one if planning a trip to Israel. Even if those plans later change, well then they would still have the second passport.
veiledsentiments wrote:
Because if you don't, you will no longer be employed or be allowed to stay in the country as you will not have a visa.

I have traveled enough to know that in some places a hotel needs to register a passport. I get much more cautious when an employer wants my passport. If the employer is acting as a courier to complete some governmental paper work, that is one thing. De jure, the employer has no right to hold a passport.
veiledsentiments wrote:
Because our government has zero control over employers in another country.


It has no direct control, but it can influence other governments to grant its citizens the equal protection of the law if de facto policies abridge this. The equal protection of the law is recognized by Article 7 of the Universal Declaration of Human Rights as a fundamental right. Holding passports is what the Russian mafia does when trafficking women for prostitution.
elmoro wrote:
but an entrance visa is needed if you want to exit. i'm sure it is possible and probably has been done in the past, but it is not the standard and they give you a really hard time if you do not have an entrance visa.

An entrance visa is needed to enter, and an exit visa is needed to exit.
elmoro wrote:
basically, capt. w, if you stand up for your "rights" as a worker, you will be sent packing. thus the catch 22!!! one employer tried to keep my passport and i told him to call the state department and ask them to demand that i turn it over. well, they never asked again.

Yes, and they did not keep your passport. If more people did this, they couldn't fire everyone.
elmoro wrote:
all of this stuff is window dressing for an empty store.

As with much of the rest of the world, there is the B.S. policy and then there is the real policy.
helenl wrote:
And should you use one passport for entrance and another for exit, the second is not in the system (and it IS checked/scanned/typed in - no matter that you do not require a formal exit pass) you will be subject to some very serious questions by the authorities, especially if you cannot produce the first passport.

Yes, they will want to satisfy themselves that the bearer lawfully entered the country and did not overstay on the visa. I always keep copies of my passports handy. For longer stays, copying the entrance visa is also a good idea. If needed, these can be presented to the authorities. If a valid passport is presented and an exit visa is not granted, it would become a consular issue. Lost, stolen, and mutilated passports occur frequently enough.
Capt. W.
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veiledsentiments



Joined: 20 Feb 2003
Posts: 17644
Location: USA

PostPosted: Fri Jan 07, 2011 4:37 am    Post subject: Reply with quote

You're just lucky that you are not American then... our embassy wouldn't give a second's thought to our problem... our problem, not theirs. They have never yet done anything for any American who didn't want their passport held.

I'd say that Canadians, Aussies, and Kiwis are in the same boat as Americans. So... if you are British, get that second passport and you will be fine... hopefully. Unemployed quickly, but you will have kept your passport. I suppose.

Of course, this is rather moot since very few employers in the UAE keep passports anyway. There are some in Oman that do... and most in Saudi do.

VS
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