labour relations eng

Transcription

Procedure Manual
For
Ministry of Labour
United Arab Emirates
Version 2.7
=============================================================
This document is prepared based on the procedure manual provided by the Ministry of Labour. MBS
has made enhancements to this document based on the inputs received from the Ministry of Labour
employees. Content of this document are yet to be authenticated by the Ministry of Labour
Management.
1
==================================================================================
Procedure Manual for Ministry of Labour – Prepared by MBS
C-Labour Relation Management
Main Objectives
1.
2.
3.
4.
5.
6.
Receive complaints from labourers and sponsors and investigate them.
Receiving absconding reports from sponsors against the laborers.
Investigate the “ban” cases.
Responding to the legal enquiries with regards to current federal labour laws.
Preparing legal memorandums regarding labour disputes.
Verifying the labour benefits and compensations with regards to labour death cases and changing
the labour contract salaries and conditions accordingly.
7. Analyzing the temporary labour permits, cancellations and transference of sponsorship applications
for labour cases under investigation.
Labour Disputes
Procedures and Documentation Requirements
1. First, the same company the applicant is lodging his/her complaint against must sponsor the
applicant.
2. Application forms.
3. Copy of labour card or passport.
4. Applicant must report complaint at the reception counter in labour relations’ section.
5. MOL staff rechecks the details on the system.
6. Appointment date will be made and printed out for the applicant.
7. Given appointment date will not exceed 7-10 days from date of reporting.
•
•
•
Reporting a complaint does not take more than 2 minutes at the counter.
Complaint submission timing is from 8am- 12 pm.
Eventually all complaints are sent to GM for distribution to inspectors.
Appointment Attending Procedures
•
•
•
•
•
•
•
Employee and employer must be present at appointed time.
Receptionist will verify attendance.
Receptionist will then coordinate meeting with the legal advisor.
The legal advisor takes 10 – 30 minutes to go over the case before starting the trail.
Incase of absence of one of the involved parties, 30 minutes extra time shall be granted and a new
appointment shall be given.
If both parties agree upon a mutual agreement, legal advisor drafts a document that shall be signed
by both parties.
If both parties cannot resolve the case then legal advisor drafts a letter and forwards it to the court,
and informs the applicant to return in 2-3 days.
2
==================================================================================
Required documents for case transfer to court are: •
•
•
Copy of labour card or passport
Copy of the complaint
Copy of the labour contract
9. When the applicant returns, he takes the letter from the reception counter and signs a receipt of
the letter.
10. The applicant goes to the court and registers the complaint
11. The labour file will be transferred to the archives to enter the details and the results of the
complaint.
12. If the applicant does not attend within 2 weeks, the complaint will be transferred to archives.
13. If the applicant retracts the case, it will be transferred to the archives.
Absence of Attending Appointment Procedures.
Incase the accused does not show up, after being informed three times, the case will
be transferred to inspection department and they will take the appropriate measures
of action.
Incase of absence management transfers the case to labour relations department to
be investigated.
Incase employer cannot be reached, inspection department sends a report to labour
relation management to take the appropriate actions.
It takes two weeks to one month to contact the employer.
•
•
•
Temporary Work Permit Requests.
1. The labour has to apply for a special form with the required documents, which are
• Copy of Legal Advisors’ letter.
• Certificate proving the case has been registered with the court.
2.
3.
4.
5.
The receptionist registers the complaint/request and appropriate procedures are followed, as
well as, complaint procedures.
A statement is taken from the employer along with the Legal Advisors suggestions and
forwarded to His Excellency the Undersecretary to finalize his approval.
An appointment is fixed for the labour within a week to verify the results of approval.
Incase of cancellation requests or transfer of sponsorship, procedures is the same as above.
3
==================================================================================
C1- Absconding
Absconding Report cannot be made in the following circumstances:
a) In case there is any complain in Labour Relation or the Court.
b) If the employee is on sick leave and has yet not recovered
c) In case the employer is aware about the whereabouts of the employee
The employer cannot complain for absconding for an employee even though he knows that
employee is at work with him.
In case any establishment allows the employee to stay on their visa even if that employee is not
working with him in case of no work, or is doing transfer of sponsorship or searching for a new job
or has permitted the employee to stay on their visa yet work with another company cannot report
for absconding.
However if such workers staying on visa for at least 3 or more months of a company they are not
working with will be given a 1 year BAN
The Bank Guarantee will not be refunded till the exit documents from immigration are produced.
In case the absconding report is cancelled the BG will not be refunded.
Cancellation of Absconding Report
This is a service provided to the employer if he wishes to withdraw the absconding report lodged
against the employee
Cases wherein the absconding report can be cancelled:
1. If all the conditions and reasons for filling an absconding report are not met, the
absconding report will be withdrawn.
2. If the employer has filled a fake report, while the employee is still engaged in the discharge
of his duties, as the employer is not willing to take up any liabilities towards the employee
in this case the report will be withdrawn.
3. If the employer had given permission to the employee to work for another company or
transfer to another company without undergoing the proper cancellation procedure & then
reported him absconding to ensure he had no liabilities towards the employee the report
will be cancelled
Conditions for cancellation of Absconding Report
For Employer:
The employer can cancel the absconding report if the employer gives an approval that there
was an error in the absconding report e.g. Name included was wrong or incase the employee
was hospitalized or was imprisoned as a result was absent for work without information
4
==================================================================================
For Employee
The employee can cancel the absconding report if he can prove his presence at work while he
was reported absconding, or has a valid proof for his confinement to the hospital or jail during
that period.
Process
1. Type the application for cancellation of absconding report. It should bear the signature
of either the employee / employer.
2. Submit the application in Labour Relation for an appointment date with the legal
advisor as well both employee & employer.
3. Based on the discussion the legal advisor makes a report and decides to either
approve or disapprove the cancellation of the report.
4. The legal advisor report is then escalated to the Labour Relations Manager to verify &
make changes if required, he then signs on the application form.
5. Once the application is verified by the LR management, it will be stamped as approved
/disapproved & sent to the counter for entering the details on the application form.
6. The final copy will be signed by the LR Manager and returned to the applicant.
Where to Apply
The application can be submitted at the LR department at the ministry Headquarter in Abu Dhabi or
Dubai or concerned labour offices.
If the employer submits the report, he has to give the authorized signature.
Steps to Follow in case of fake / conspired Absconding Report
1. 10,000 Dhs fine in case of fake report.
2. The company’s of the owners and all other firms with partners will be blocked unless he
pays 10,000Dhs.
3. The bank guarantee amount will not be refunded by MOL
4. The category of the company will be changed to C
In case of a fake report or if there is a proof that the employee had not been working in the
company for last 3 months or more and was working with another company holding visa of old
company , the employee will be given 1 year BAN even though report is cancelled.
The absconding report will not be cancelled if it is proved that the organization from which the
employee was reported absconding is non existent,
In this case the employer will be fined 10,000 AED and all his firms will be blocked.
The employee will be banned from working in the country if after the expiry of the contract he
had overstayed and he was then reported absconding.
The bank guarantee is non refundable in case of cancellation of the absconding report.
5
==================================================================================
Refund of bank guarantee for the absconder labor
Definition:
This is a service provided by the ministry to refund the bank guarantee of the
absconder labour.
Conditions:
•
•
Cancel the labor card from the MOL.
Cancellation of the residency from the emigration.
Cases to refund bank guarantee:
*Cancellation of Labor card and residency:
Required Documents:
1.
2.
3.
4.
5.
Letter to refund the bank guarantee from the firm.
Cancellation certificate from the MOL and the Emigration.
Copy of the absconding report.
Copy of the signatories card.
Letter from the bank that the firm didn’t refund the bank guarantee yet.
Steps to follow:
1. Documents will be checked.
2. The concerned person will receive a letter to refund the bank guarantee.
•
Labor who does not have data in the MOL and Emigration from the year “1990 to 2000”.
•
Labor who doesn’t have data in the MOL and has data in the emigration:
Required documents :
1)
2)
3)
4)
5)
6)
Letter from the firm to refund the bank guarantee.
Copy from the absconding report.
Letter from the Emigration that the labor is not in the country.
Letter from the bank that the firm didn’t refund the bank guarantee yet.
Steps to follow:
• Application will be handed to the Finance Department.
• The concerned person will receive a letter to refund the bank guarantee.
*If the labour completed 6 months outside the country:
6
==================================================================================
Required documents:
•
•
•
•
•
Letter from the firm to refund the bank guarantee.
Copy from the absconding report.
Letter from the MOL of canceling the Labor card.
Letter from the Emigration that the labor is outside the country.
Copy of signatories card.
Steps to follow :
•
•
Documents will be checked from the concerned person.
The concerned person will receive a letter to refund the bank guarantee.
Where to apply:
Application will be submitted at the Ministry HQ in Abu Dhabi or Dubai or the concerned Labour Office and
the transaction is processed directly at the counter.
7
==================================================================================
C2- Cancellation of an Old Absconding report:
Definition:
Service provided by the MOL in the cases when a labor`s card expires and the firm wants to
cancel an old absconding report that was dated before 2002 .
Application form:
•
Application to cancel an old absconding report.
Conditions:
•
•
All the documents should be submitted.
To have letter of the old absconding report dated before the 2002.
Required documents:
•
•
•
Copy of the license.
Old absconding report letter.
Steps to follow:
•
•
Application to be typed at one of typing offices or any other firms participating in
smart card program.
Application should be submitted at the counter in Labour Establishment at the
Ministry HQ in Abu Dhabi or Dubai or the concerned Labour Office or can be sent
through post.
1) If the application fulfill the conditions , the labour will be canceled by the employee on
the counter.
2) In the case of missing papers , the MOL will notify the submitter to fulfill the papers.
Fees:
NA
8
==================================================================================
C3 - Manual of Electronic Firms :
Definition of this service:
It is a service provide by the Ministry of Labour for companies registered with them to apply for
application online through the internet. The employer is also informed by the Ministry on the status
of the application within 24 hours
Steps of be followed :
•
•
Application form for registration
Electronic work permit
First phase : Application form for registration to be filled up and submit in the Ministry of Labour for approval
Required documents
Application form Registration of electronic firms
Conditions:
1)
2)
3)
4)
5)
6)
7)
The firm must not have any current fines or bans
The number of the employees must be 50 minimum
Authorized people to sign must have Digital Signature Card
The firm must not have any dispute regarding unpaid salaries or regarding the labor camp
The employer must add all his firms under one personal number
The firm must abide to provide the WPS report
The firm must not have expired labor cards for 3 months or expired permits for more than 6
months, or expired licenses for 70 days, and that’s also applied on all the firms of the employer
•
•
Labor’s camp report (for the construction – cleaning – security)
Application form
Steps to be followed:
•
•
•
Print the application form in the typing centers or from the firms that already registered with the
Smart Form System
Hand the application at the counters of Ministry Of Labor in the Work Permits Department
In case of approval, the firm will be given “ Quota “ percentage from the total number of employees
that are registered in the firm’s record in Ministry Of Labor, and the Quota share will be as follows :
1) If the firm’s category is “A” 40%
2) If the firm’s category is “B” 30%
3) If the firm’s category is “C” 20%
9
==================================================================================
Fee :
NA
Second phase:
Verification of the online work permit to bring people from outside UAE will be done and after the approval
deduction from the company quota will be then done.
Note: The permit will be rejected incase the employee already has a labor card or a ban
Conditions :
1) The firm must be registered in the Electronic Firms
2) Authorized people to sign must have Digital Signature Card
Copy of the academic certificate
Copy of the passport
Approval from the concerned departments (incase of doctor, teacher…etc)
Procedure for applying the application:
•
•
•
•
•
•
•
•
Print the application form in the typing centers or from the firms that already registered
with the Smart Form System
send the application online with the required documents above
the agent of the Ministry will audit the application and make sure the employer does not
have labor card or ban
then the computer will send the approval or the reject to the website online (www.emol.ae)
the agent logs in on the website (www.emol.ae) and check by the (IN) number to know the
status , and print it incase he was informed to “ proceed to immigration”
pay the bank guarantee at the typing centers or the banks
If in Dubai, the computer will send the application online to the immigration and also the
firm can check by the (IN) number. And print it incase of approval.
take the printed approval to the immigration and follow up with them
Note :
The permit is valid for 60 days and can be renewed 6 times under the conditions:
1) Pay all the fees and the bank guarantee
2) Pay 500 dirham for every 10 days of renewing
3) Incase did not pay the fees and the bank guarantee within 60 days, the permit will be cancel
automatically from the ministry’s system
10
==================================================================================
Fees:
For every employee 200 AED
Fees in dirham
Application fees
Category A
Category B
Category C
Approval fees on the application
1000 for each
2000 for each
3000 for each
Note:
1) The firm must rejoin the electronic firms in case the Quota is finished
2) The firm cannot print any permit but only online and it must be e-permit
3) The system will only allow some cases such Transfer of sponsorship or for people aged more than
65 years to print normally the following
•
•
Work permit outside UAE
Transfer of sponsorship ( if it was sent online it will directly rejected)
11
==================================================================================
C4 - New Labor Card For Locals And GCC
Definition :
It’s a service provided by the ministry of labor for the firm that likes to get new labor cards for the
locals, and it means to get a labor card application for locals.
Application form:
New labor card application for locals.
Conditions:
1) The salary of the local must fit with his new career
2) All the information must be complete in the application
3) The trade licenses must be valid
Documents required :
1)
2)
3)
4)
5)
6)
Application form
Passport copy
“Kholasat Qaid “copy for locals
Copy of signatories card
Trade license copy
3 copies of labor contract signed from the 1st and 2nd party and stamped from the firm
Steps to follow:
1) Print the application from the typing centers or the firms are registered with smart
forms system, the application will be scanned through Tasheel and send it online to
ministry of labor’s data base for audit.
2) Incase the application was complete and approved, the labor card will be done
including the labor contract and it will be send to the P.O Box, and then it will be
send to the Pension (for locals only), but for GCC the card will be printed and sent to
P.O Box
3) Incase it was rejected, then you have to make a new application
Note:
For locals, any card will not be activated unless its registered from Pension
Fee
NA
12
==================================================================================
C5 - Withdrawal of Absconding “ stop searching “
Definition:
A services provided by the ministry to withdraw absconding from an employee who escaped
Application form :
Application for withdrawal of absconding “stop searching”
Conditions to withdraw:
1) If the absconding was not completed and the conditions not full, and there will be a
fine according to the Ministerial announcement number 721 for the year 2006
2) If it was false absconding and been approved that the employee was doing his/ her
duty and did not escape or be absence
3) If it was Figurehead, if the company allowed the employee to do whatever he/she
wants after they finish the relation with him, or when they allow him to go and search
for a new job without canceling him/her or transfer the sponsorship and made an
absconding on him/her, then the firm must pay the fine for that
Required documents:
1) Application form “ withdraw absconding “
2) Copy of signatories card
3) Copy of trade licenses
Steps to follow:
1) Type the application and sign from the one who will submit “Employee or the employer”.
2) Submit on the counter in the MOL and take an appointment to look in the application
between both sides.
3) It will be discussed between the two parties.
4) Will receive the result as in last step.
5) Letter will be given to the emigration to cancel the absconding.
Fees:
NA
Where to submit:
It must be submitted at the labor relation department at the ministry of labor
13
==================================================================================
C6 - Cancellation and Deletion
Definition:
It is a service provided by the MOL to cancel labor`s file from the system in the Ministry of Labour
on case to case basis or based on the situation .
Steps to follow:
•
•
Application to be typed at one of typing offices or any other firms
participating in smart card program.
If the application didn’t fulfill the conditions the application will be rejected.
Canceling labor card of a person on parents sponsorship:
Application form:
Request to cancel labor card for whose residency on their parents.
1) Copy of signatories’ card.
2) Copy of residency.
3) Original labor card.
Steps to follow:
1) Card will be automatically canceled by the system when its expired.
2) If the firm wants to cancel a labor card of people whose residency on their parents before it
expires :
• Type the application through smart card.
• Application will be signed electronically.
• Application will be deleted in “Tas-Heel”
• If the application fulfills the conditions it will be cacneled.
• Can check on it in 48 hours through the MOL website.
Where to apply:
1) MOL.
2) Typing centers.
3) Firms that has smart card and “Tas-Heel”.
Fees:
NA
14
==================================================================================
C7 - Canceling Labor card for locals and GCC:
Application:
Application form to request cancellation of a labour card for local or GCC
Required documents:
• Copy of signatories’ card.
• Copy of labor contract.
• Original labor card .
Steps to follow:
1) If the firm wants to cancel the labor card of local or GCC ,they have to audit with pension if
the card was activated , and if it wasn’t activated they have to follow :
•
•
•
•
•
•
Application will be printed through smart card.
Application should be signed electronically.
Application can be deleted in “Tas-Heel”.
Application will be sent electronically to the ministry and it will be canceled.
If the application fulfills the conditions it will be canceled.
Can check from the ministry’s website in 48 hours.
Note:
For UAE Nationals all documents need to be audit by the Pension Authority to cancel the
card.
Where to apply:
1) MOL.
2) Typing centers.
3) Firms that have smart card and “Tas-Heel”
Fees:
NA
15
==================================================================================
C8 - Cancellation of labor card or mission work permit:
Application
Application form for Cancellation of labor card or mission work permit.
Conditions
Pay all the fines on not issuing the card or not renewing it..
Documents required
1. Copy of signatories’ card.
2. Copy of Entry permission.
3. Original labor card.
Steps to follow
•
•
•
•
•
smart card program.
Permission should be signed electronically.
Application should be deleted from “Tas-Heel”.
Application should be transferred electronically and if it fulfills the conditions it will
be canceled automatically.
Can check on the cancellation on the ministry website in 48 hours.
Where to apply
Fees:
NA
Note:
1. Fines will be added on the firm , if labor card wasn’t issued or the card was
expired.
2. The fine will be 500 AED every 10 days after 30 days of the entry date of the
labor , if the company didn’t issue the labor card.
3. After the expiry of the card in 10 days a 500 AED fine will be counted.
4. if the permission wasn’t used and the firm wants to cancel it , they need a
letter from the emigration that the labor didn’t enter the country.
16
==================================================================================
C9 - Cancellation of “un-used” Work Permit:
Application
Application form required to be typed for cancellation of an un-used work permit.
Required documents
1. Copy of signatories’ card.
2. In case the fees weren’t paid, the original work permit should be submitted with the
application.
3. In case the fees were paid, should submit the entry permission the one from the emigration
with the application.
Steps to follow
1)
2)
3)
4)
5)
Application will be typed through smart card.
Application will be signed electronically.
Work permit will be deleted in “Tas-Heel” if it was unpaid.
Can check on cancellation through the MOL website in 48 hours.
If the payments were paid the application will be sent to the MOL automatically and if it
fulfills the conditions it will be canceled.
6) In case of missing papers , it will be sent back to fulfill it..
Where to apply
1) Typing centers.
2) Companies that’s registered with “Tas-Heel”.
Fees:
NA
17
==================================================================================
C10 - Cancelling of labor who does not have data in the Emigration:
Application
Application form of labor who does not have data in the Emigration.
Required documents
•
•
Copy of signatories’ card.
Cancellation form “stamped and signed from the emigration”.
Steps to follow
•
•
If the application fulfills the conditions the labor will be canceld.
Where to apply:
Fees:
NA
18
==================================================================================
C11 - Cancellation of Labor who was not deleted in the MOL system:
Application
Application form of canceling a person who wasn’t deleted from the system.
Conditions
•
Sponsership of the labor should be canceld.
Required documents
•
•
Old cancellation paper.
Steps to follow
•
•
Where to apply
Fees:
NA
19
==================================================================================
C12 - Cancellation of an “Investor or Partner”
Application
Application required to be filled from typing office for cancellation of “Investor or Partner”.
Conditions
1) Copy of the residency shows in it details of partners position.
2) “Partner – investor – manager Or working for his own” should be shown on the
license.
Required documents
•
•
Copy of the license shows his/her name in it.
Steps to follow
•
•
smart card program.
Where to apply
Fee
NA
20
==================================================================================
C13 - Canceling Labor who is banned from the court or the police
Application
Application form for cancellation of labor who was banned from the police or the court.
Conditions
All fines must be paid
Required documents
1) Copy of signatories’ card.
2) Letter from the emigration that the labor was canceld.
Steps to follow
•
•
Where to apply
Fee
NA
21
==================================================================================
“Ban” Cases
Conditions:
1.
2.
3.
4.
5.
6.
Passport is sent by labor who is outside the country for cancellation.
Laborers’ who have contagious diseases.
Absconded laborers.
Laborers’ who quit their jobs without a notice as per the Federal Law Article 129.
Laborers’ who break the limited contracts as per Federal Law Article 129.
As per Article 120 from the Federal Law and the Management Memo’s No.15 for the year
1982.
Procedures:
Required documents for cancellation of labour card for a labour currently abroad.
• Statement of Ban reason.
• Cancellation application.
• Original valid passport.
• Printout of exiting date.
MOL staff checks the details and documents.
Prepares a statement with his signature.
Applicant goes to reception counter to complete cancellation procedures and stamps the
Passport and application as banned, this procedure takes 5 minutes.
Applicant completes procedure at the Immigration counter.
22
==================================================================================
C14 - Labour who have contagious disease.
Requirements:
• Cancellation application
• Copy of medical certificate proving health condition.
MOL staff prepares a statement and forwards to reception counter to complete procedures of
labour card cancellation, and forwards it to Immigration for visa cancellation, procedure takes 3
minutes
Absconded Labour attending to MOL with the Employer, or Employees that quit without
prior notice (limited contracts).
Requirements:
• Statement of Ban reason.
• Cancellation Application.
• PRO.
•
•
•
•
Both parties are sent to the Legal Advisors.
He listens to both parties and prepares a statement of investigation or ban and completes the
cancellation procedure.
Employer completes procedures at the reception counter.
It takes 3 to 5 minutes to prepare the statement and two minutes to complete the labour
cancellation procedures.
Enquiries
Appointments are fixed for everybody to enquire about labour Federal Laws and Labour
Relations daily from 12-1:30 pm.
1. The applicant goes to the reception counter.
2. Gets a number from the queue machine and waits until summoned.
3. Two inspectors are assigned daily to meet the legal advisor.
4. Management receives 15-20 requests daily.
5. For enquiries over the phone, they are sent to legal advisor for review.
6. It takes 15-20 minutes for every applicant.
Others
1. Verification of labour contracts amendments (salary change, annual leaves):
23
==================================================================================
Requirements:
•
•
•
•
Application to the management.
Both parties present.
Copy the old contract.
Annual leave request.
2. The application is sent to the appropriate staff to investigate and verify the labour contract and
inform the labourer of the final decision which takes for about 2 minutes.
3. Incase of labourer death, the employer goes to MOL to report the case and to sign an
undertaking letter regarding to family compensations, end of service benefits and pending
salaries.
Requirements:
•
•
•
Application and undertaking letter.
Cancellation documents.
Death certificate.
4. The application is sent to the appropriate staff to recheck and verify the document to stamp
them, which does not take more than 2 minutes.
5. Preparing the legal memo’s by the management upon to request by H.E. the Undersecretary or
H.E. the Minister or any other member of the MOL administrative council.
24
==================================================================================
25
==================================================================================

labour relations eng

Transcription

Similar documents

Ministry of Sound and its worldwide evolution to the present

RCM SMWG Student Midwives Conference 2011 Wendy Bascal

Local Labour and Materials - Frontiers Foundation Manitoba

Japanese Food Guide Spinning Top

Permission and Medical Release Form FBC JAX Youth Ministry

What is workers` education?

registration form 002 copy

WOMEN`S LEADERSHIP UNIVERSITY

Paolo Tomassetti

For more information contact Marilou Braswell at