The New UAE Residence Visa Rule: A bane or a boon?

The new UAE Residence Visa Rule that was made in effect Jan 1, 2011 drew and has been drawing mixed reactions from people from different sectors.  There are some quarters that favor it and there are those that strongly oppose it.  Understandably, majority of business owners condemn it for reasons that stem from a business practical standpoint. I cannot blame them, however, I would rather dwell on how this new rule is perceived by people who come from the other end of the spectrum-  the employees.  

While this new rule can be regarded as a bane by most employers and business people (for obvious reasons), it definitely is a boon for employees. It is like music to the ears of working expats here. The UAE President, His Highness Shaikh Khalifa Bin Zayed Al Nahyan in his speech delivered on the National Day celebration in December 2010 stated that ‘the labor market reforms are a challenge the UAE is addressing as part of its human development process’.  Personally, it is such a welcome relief reading and hearing about this good news. This initiative by  the Ruler is generally seen to be very relevant at this point as  it is giving a clear signal to   not only the expat workers here but the international community as well that the UAE government is sincere about instituting reforms in the labor law to make it more sensitive and responsive to the plight of workers. It is beyond refute that the UAE Labor Law has been  so ‘pro-employer’ so much so that the employees cannot help but believe that they do not matter at all in the whole ‘labor equation’,  thereby making them feel  stripped of their dignity as workers. It is the same labor law that also enables employers and business owners to exploit the workers who just have to endure their predicament no matter how difficult it may be,  just merely for survival.   

The following are the   special features of the new resolution that everyone should keep in mind as they stipulate two imperative requirements or conditions for it to be upheld:
1. The two contracting parties must have ended their work relationship cordially;
2. The worker should have worked with his /her employer for at least two years — the duration of the new labor card which will be issued by early January.

It also  defines two cases in which the worker can obtain new work permit after the end of the job contract without the agreement of the contracting parties:

1.       When the employer fails to honour his legal or contractual obligations;

2.       In the event of expiry of a work relationship where the worker is not responsible for it, but there is a complaint filed by the worker against the firm, an inspection report should prove that the firm has been out of business for more than two months. As well, it should determine the worker has reported the same to the ministry.

It should also be borne in mind that the new resolution states that a new employment permit will only be granted to a worker after the end of his/her work relationship with his/her employer. But unlike before, it would not necessitate an automatic six-month ban which was usually calculated after the cancellation of the worker’s labor card.

On the premise that laws or labors laws for that matter are progressive in design and purpose, there is enough reason to hope that this signals the beginning of  periodic reforms in UAE Labor Laws  as the nation’s rulers  put  ‘the human development process’ part of their top priority.

We have sufficient reason to hope that sooner, this country will be a much better place to live and work in.