Host
Welcome back to Drive Live, Talks Legal. Our guest today is Ludmila Yamalova from Yamalova and Plewka. If you have legal questions, text 4001 or call us at 423 1010.
Let’s jump into the next topic—gratuity for domestic workers under the new domestic law. Ludmila, what’s changed, and what does this mean for employers?
Ludmila
This is a significant development. The new law introduced gratuity rights for domestic workers, similar to end-of-service benefits in the UAE labor law.
Now, domestic workers, such as nannies, maids, drivers, gardeners, and others, are entitled to 14 days of basic salary for each year of service. However, this gratuity must be paid out at the end of every two years, as domestic worker contracts are typically limited to a two-year term.
Host
This is a huge shift. Is there anything else employers should be aware of?
Ludmila
Yes, there are additional protections in the law:
- Vacation Rights: Domestic workers cannot have their vacation deferred for more than two years. Employers are obligated to allow vacation time within that period, ensuring workers can travel home to visit family.
- Access to Identification: Workers must have access to their identification documents at all times. Employers cannot withhold passports or other ID—a common issue in the past.
- Communication Rights: Employers must ensure domestic workers have the means to communicate with their families, whether by phone or other methods.
Host
It seems like these protections align with broader labor laws. What happens if employers don’t comply with these provisions?
Ludmila
Non-compliance can lead to fines and legal actions. Workers can lodge complaints through the Ministry of Human Resources and Emiratisation, which will attempt to mediate. If unresolved, the matter can escalate to labor courts.
Host
It’s reassuring to see these protections in place. Let’s take a few more listener questions. Here’s one from Abdullah:
“My friend has a personal loan but lost his job due to restructuring. The bank has already collected his end-of-service benefits and frozen his account, but it only covers half the loan. He can’t pay the rest of the installments. What can he do legally?”
Ludmila
Unfortunately, there are limited options in this situation. The loan is a legal obligation, so the borrower is required to repay it.
The best course of action is to negotiate with the bank for a payment plan or loan restructuring. This could mean extending the loan tenure or reducing monthly installments to make repayment manageable.
If negotiations fail, the bank might file a case, and the borrower could face a travel ban or other legal consequences, such as bounced check cases. It’s crucial to act quickly and seek an amicable resolution with the bank.
Host
That’s a tough situation. Communication with the bank is key. Let’s squeeze in one more question before the break.
This one is from an anonymous listener:
“My company is relocating from a free zone to onshore to save costs. Will this affect employee benefits, work conditions, or end-of-service calculations?”
Ludmila
No significant impact should occur. Employee contracts and benefits will remain valid, but there could be some advantages. For instance, companies outside free zones are subject to the Wage Protection System (WPS), ensuring timely salary payments.
However, employees should review any changes to their contracts or ask for clarity regarding labor law differences between free zones and mainland operations.
Host
Thank you, Ludmila. Up next, we’ll answer more of your questions and dive into the topic of visa overstays and certificates of good standing. Stay tuned to Drive Live, Talks Legal.
Host
Welcome back to Drive Live, Talks Legal. We’re joined by Ludmila Yamalova from Yamalova and Plewka. If you’ve got questions, text 4001 or call us at 423 1010. Before the break, we touched on gratuity for domestic workers and some employment-related questions. Let’s shift to a topic that’s been creating some buzz: visa overstays and certificates of good standing.
Ludmila, first off, what should listeners know about overstaying visas in the UAE?
Ludmila
Overstaying your visa in the UAE can result in penalties, and these have become stricter in recent years. The fines for overstays are AED 50 per day for visit or tourist visas and AED 25 per day for residency visas.
If you’ve overstayed, it’s essential to clear the fines and regularize your status, either by extending your visa or exiting the country. Depending on the circumstances, you might also be able to appeal or request a fine waiver, especially during grace periods offered by immigration authorities.
Host
What about overstaying due to employment disputes or delays? Does that offer any leeway?
Ludmila
If you’re in an employment dispute or awaiting a visa renewal due to your employer, you might be able to avoid fines. You’ll need to file a case with the Ministry of Human Resources and Emiratisation or a labor court to document the issue formally. Once filed, you can request the authorities to hold off on penalties while your case is being resolved.
However, this doesn’t happen automatically. You must notify immigration and ensure the situation is well-documented.
Host
Good to know. Let’s move to the other big topic: certificates of good standing. What is it, and why is it becoming such a hot topic?
Ludmila
A certificate of good standing, or a police clearance certificate, confirms that an individual has no criminal record. As of February 4, 2018, the UAE made it mandatory for new employment visas, whether you’re entering the UAE for the first time or switching jobs locally.
The certificate must be obtained:
- From the UAE if you’ve lived here for five consecutive years.
- From your home country if you’re new to the UAE.
Host
What’s the process for getting this certificate?
Ludmila
If you’re obtaining it in the UAE, you’ll need to visit a police station or apply online through the Dubai Police or Abu Dhabi Police app. You’ll need an Emirates ID and pay a small fee.
For certificates from your home country, you’ll need to contact the relevant authorities there. This might involve additional steps, like notarization and attestation, depending on where you’re from.
Host
What about minor offenses? Do they affect the certificate?
Ludmila
It depends on the offense. Minor traffic violations or non-criminal matters don’t usually appear on the certificate. However, any unresolved criminal case, including bounced checks or unpaid fines related to a criminal charge, could prevent the issuance of a certificate.
Host
Here’s a listener question about this. A text from Simon:
“If an individual has a minor offense on record, like disorderly conduct, would it prevent them from getting a good standing certificate?”
Ludmila
If the offense is classified as a criminal misdemeanor and has not been resolved, it could result in the certificate being denied. However, resolved issues, such as fines that have been paid or cases that have been cleared, shouldn’t be a problem.
It’s always a good idea to check your record early and resolve any outstanding matters before applying for the certificate.
Host
Great advice, Ludmila. After the break, we’ll talk more about legal protections for tenants, investor visas, and answer your questions live. Don’t go anywhere!
Host
You’re listening to Drive Live, Talks Legal, and our guest today is Ludmila Yamalova from Yamalova and Plewka. We’ve got a lot of questions coming in, so let’s dive into some quickfire legal advice.
Listener Question
“Hi, I’m in the middle of a tenancy dispute. My landlord is trying to increase my rent above the RERA calculator’s suggested range. What can I do to stop this?”
Ludmila
Great question. The RERA rent calculator is a tool provided by the Dubai Land Department to regulate rental increases. If your landlord is attempting to impose an increase above what the RERA calculator allows, that’s not permissible under the law.
Here’s what you can do:
- Verify the RERA Calculator Results: Double-check the suggested rent range for your property’s area and type.
- Document Communication: Ensure all correspondence with your landlord about the increase is in writing.
- File a Complaint: If the landlord insists on the hike, you can lodge a complaint with the Rental Dispute Settlement Center (RDSC).
The RDSC is efficient and often sides with tenants if landlords violate rental regulations.
Host
That’s reassuring! Another listener asks:
“I own property in the UAE, but it’s inherited. Can I get an investor visa for it?”
Ludmila
Unfortunately, no. The investor visa requires that the property be purchased outright, not inherited. The law explicitly excludes gifted or inherited properties from qualifying for investor visas.
However, if you’re managing the property as part of a business or rental income-generating activity, there might be other visa options under business sponsorships.
Host
Thanks, Ludmila. Here’s a question about tenant rights.
“My landlord hasn’t refunded my security deposit. It’s been three months since I vacated the property. What steps can I take to get my money back?”
Ludmila
This is a common issue, and tenants have clear rights under UAE law. Here’s what to do:
- Send a Formal Notice: Write to your landlord demanding the refund, providing proof of the condition you left the property in (photos, video).
- File a Case with the RDSC: If the landlord still doesn’t comply, take the matter to the Rental Dispute Settlement Center.
The landlord can only deduct costs for actual damages beyond normal wear and tear. They must provide receipts for any deductions made.
Host
Let’s move to employment law. A listener asks:
“My company moved me from a free zone to onshore. Do I lose any rights or benefits in this transition?”
Ludmila
Not at all. In fact, being onshore can offer additional protections under UAE labor law, such as inclusion in the Wage Protection System (WPS). This system ensures timely salary payments and gives employees recourse if payments are delayed.
Your end-of-service benefits, vacation, and other entitlements remain unaffected by the shift. Just ensure your contract reflects the new setup.
Host
Before we wrap up, let’s address one last question.
“I’ve been offered a role in Dubai but have a minor criminal record in my home country. Will this affect my visa approval?”
Ludmila
It might. UAE immigration authorities require a certificate of good conduct from your home country for new employment visas. If the record is minor and resolved, it may not impact your application, depending on the issuing authority’s classification of the offense.
However, if the record involves unresolved issues, you’ll need to clear them before applying. It’s always best to consult with an immigration specialist in such cases.
Host
That’s all the time we have for today. Ludmila, thank you for answering these questions so clearly.
Ludmila
My pleasure. Always happy to help!
Host
Stay tuned for more expert advice next week on Drive Live, Talks Legal. And don’t forget, if you missed today’s session, you can download our podcast at DubaiEye1038.com. See you next time!
