COVID-19: UAE LABOR REGULATIONS & OTHER USEFUL INFORMATION – the info will be continuously updated

Apr 15, 2020

Abstract from the Decree Issued by :  United Arab Emirates Ministry of Human Resources & Emiratization

Ministerial Resolution No. (279) of 2020

Issued on and effective from: 26.03.2020

Regarding the stability of employment in private sector companies during the period of applying precautionary measures to contain the spread of the Novel Corona Virus.

The provisions of this resolution are only applicable to expatriate employees and during the period of applying the above-mentioned precautionary procedures.

 

Article No. (2) : Companies affected by the precautionary measures and who wish to reshuffle their business structure shall gradually adopt the following actions, in agreement with their employees:

  • Implement a remote work system
  • Granting employees paid leave
  • Granting employees unpaid leave
  • Temporarily reducing salaries during the aforementioned period
  • Permanently reducing salaries

 

Article No. (3): Excess Staff

  • Affected companies that have more employees than they need, must register the additional staff on the Virtual Labour Market site (www.careers.mohre.gov.ae) so that they can be recruited by other companies.
  • Meanwhile, these companies will be obligated to provide these employees with accommodation and other dues, except for salary, as long as they are in the country or until they are hired by another company.

 

Article No. (4): Hiring of New Employees

Companies seeking to recruit during the suspension of overseas hiring shall be required to;

  • Post jobs available with them on the Virtual Labour Market site and search through available candidates and select whoever meets their requirements.
  • Apply for a work permit from the Ministry through the online system and hire selected candidates. Companies can choose from a transfer work permit of employee to new employer, temporary work permit or part-time work permit. 

 

Article No. (5): Temporary Reduction of Salary

  • Businesses seeking to temporarily reduce the salary of an employee during the said period shall sign an additional annexure. The validity of this temporary annexure is limited to the agreed-upon term, or as long as this resolution remains valid.
  • This annexure can be renewed in agreement of both parties. It shall be issued in two copies, with one copy for each party. The employer should be ready to present it to the Ministry whenever requested.

 

Article No. (6): Permanent Reduction of Salary

Businesses seeking to permanently reduce the salary of an employee should first obtain the Ministry’s approval by applying for a ‘change of a job contracts data’ according to effective procedures.

 

Article No. (7): Job Seekers

Employees in the country looking for jobs should register with the Virtual Labour Market site and apply for available jobs listed by registered organizations based on their qualifications and experience.

 

Early Leave Initiate 

The Ministry of Human Resources and Emiratization, in cooperation with the Federal Authority for Identity and Citizenship, the Ministry of Foreign Affairs and International Cooperation, the General Civil Aviation Authority, and the National Emergency Crisis and Disasters Management Authority, has launched the ‘Early Leave’ initiative. 

  • The initiative encourages expatriates working in the private sector willing to go back to their home country by bringing forward their annual leave so that they can use it now while the country is taking measures against the COVID-19.
  • Employees will be asked to submit their annual leave dates or agree with their employers on unpaid leave.
  • All UAE registered firms need to comply with the following procedures for early leave requests.

– Specify the leave duration by signing an additional temporary form for the job contract (available on MoHRE’s website and smart app).
– Book a return ticket for the employee
– The early leave is treated as unpaid leave, and the employment contract is unchanged.
– The leave ends after the employee is back, and the precautionary period is over.
– Work residencies for those who travel back to their countries will be renewed automatically.

In the current situation, it is advisable for both employers and employees to discuss, negotiate and agree on a pragmatic approach to minimize the impact to business operations without jeopardizing the right and obligations of the employer and employees.

In case of any queries related to Ministry of Human Resources & Emiratization, you can reach out to them at 80060

 

OTHER USEFUL INFORMATION

Government Economic Stimulus Packages

  • The UAE Cabinet has approved an AED 16 billion economic stimulus package as part of the Federal Government’s additional measures to support the national economy, ensure business continuity, and mitigate the coronavirus impact. Key policy initiative measures include a renewable six-month suspension of work permit fees and reduction of labour and other charges to cut the cost of doing business, support small businesses and accelerate major infrastructure projects;
  • Suspension of collection of administrative fines by the Ministry of Human Resources and Emiratization for a period of 6 months, which can be extended.
  • Reduction of work permit fees for establishments that have a registered workforce of 1 to 6 workers.
  • Reduction of the fees of the Ministry of Economy.
  • Firms will get back 50% of the Bank Guarantees they had submitted for each employee.
  • Three government work teams will work round the clock to ensure the continuity of services and effective functioning of remote work systems. They will also constantly assess the impacts of the coronavirus
  • Water and electricity bills are set to be reduced by 10% for all residential, commercial and industrial Dubai customers, as well as reducing the deposits by 50%. This will be in effect for three months.
  • In addition, there will be a 90% reduction on fees implemented for those submitting customs documents, as well as a cancellation on the AED 50,000 bank guarantee or cash needed to exercise customs clearance activity.
  • Local commerce will benefit from the cancellation of the 25% down payment for requesting the installment of government fees for licensing and renewing licenses
  • Many landlords in the UAE, including those leasing offices, are starting to waive off rents for periods ranging up to three months. With a few of them, also offering rent cuts.

 

Strict Restrictions on movement across Dubai
Ø  Effective 4th April 2020 for a period of 2 weeks, Dubai is conducting round-the-clock sterilization, enforcing strict restrictions on movement across the emirate (people and vehicles); and legal action will be taken against violators.  In addition, the various measures being taken are;

  • Extensive medical tests will be conducted across densely populated areas of Dubai to ensure members of the Community are free from COVID-19 infection.
  • Everyone is required to stay at home during this period. Food retail outlets, such as Union cooperative stores and supermarkets, as well as pharmacies and food and medicine deliveries can operate as usual.
  • Exceptions from restrictions for individuals (General Public) Individuals are permitted to leave home only for essential purposes as outlined below. All people leaving home should wear a mask, gloves and ensure they keep a safe distance from others.
  1. Members of the public are allowed to go out for: Essential needs such as buying food from food supply outlets (Union Cooperative stores, supermarkets and groceries); only one family member is permitted to leave the house for this purpose and receipts for all purchases should be kept with you in case you are stopped and asked for verification. These measures have been put in place to ensure people undertake trips outside the home in a planned and organized way and they will need to obtain a Move Permit before leaving their house at dxbpermit.gov.ae. You will need to provide the following details: Full Name, EID details, Home Address, Nationality, Reason for Travel, Mode of Transportation and Time & Address of Departure and Return. You will need a Move Permit regardless of whether you are driving, cycling or walking. Upon submitting the request, if approved, the notification will be sent to the registered mobile number which usually takes between 10-15 minutes 
  2. Buying medicines / getting medical assistance from healthcare service providers like hospitals, clinics and pharmacies COVID-19 tests
  3. Employees working in the below vital sectors are exempted from restrictions and permitted to leave their house at any time of the day to commute to work. Vital Sectors exempted from restrictions (24 hours a day):

– w.e.f 14th April outlets related to food trading have been granted permission to reopen : meat trading, fruits & vegetable trading, roasters, mills, fish trading and tea trading. Nuts, chocolates and sweet shops are   allowed to remain open only if they are located inside Shopping Malls with work timings from 8:00 a.m. – 08:00 p.m.

– Healthcare services (Hospitals, clinics and pharmacies).

– Food supply outlets (Union Cooperative outlets, supermarkets, groceries).

– Delivery services (Food and medicine).

– Restaurants (operations limited to home deliveries only).

– Manufacturers of medicines and providers of healthcare and medical supplies.

– Industrial sector (only vital industries).

– Industrial supply chain for services and basic commodities.

– Water and electricity sector, petrol and gas stations and district cooling services.

– Telecommunications sector.

– Media sectors.

– Airports, airlines, ports, shipping.

– Customs duty and border crossings.

– Public and private security services.

– Municipality services and public and private service providers involved in garbage collection, sewage management and general cleaning and sanitation.

– Private and government sector organizations involved in combating the coronavirus (COVID-19).

– Public transport (buses and taxis only; metro and tram services will be suspended).

– Construction sector, subject to obtaining a permit from Dubai Municipality and the Permanent Committee for Labor Affairs.

– Support Sectors : (Employees working in these sectors are permitted to commute to work between 8.00 am and 2.00 pm).

* Banking and financial services (banks and exchange centres).

* Social welfare services.

* Laundry services (for permitted outlets).

* Maintenance services.

Visas and Penalties

The UAE has suspended the entry of all valid visa holders who are currently outside the country, the issuance of all visas on arrival and a temporary ban on citizens travelling abroad, until further notice.

Residency Visas and Entry Permits

w.e.f 14th April 2020, the UAE announced that Entry Permits (tourism, visit, transit, work) that expired on 1st March 2020 and thereafter, will remain valid until the end of 2020. The same applies to the Residency Visas and EID’s of expatriates, inside or outside the country.

Residency Visas who are outside the country for more than 180 days

  • All UAE residents holding valid UAE visas and are now outside the country should register in the “Tawajudi for Residents” Service which has been recently launched.
  • The UAE Ministry of Foreign Affairs and International Cooperation has established a round-the-clock helpline to help holders of valid residence permits abroad and they can call UAE on 00971.2.4965228 or 00971.9.2083344 or they can contact the UAE Embassy / Consulate in their respective countries for further guidelines.

For further clarifications you can contact GDRFA Amer Call Centre on 8005111 to resolve any enquiry related to visas.

Sources:  Gulf News; Khaleej Times; UAE Supreme Council for National Security https://covid19.ncema.gov.ae/en/News/Details/134) Khaleej Times (https://www.khaleejtimes.com/coronavirus-outbreak/covid-19-in-uae-sheikh-mohammed-announces-additional-dh16-billion-stimulus-package); Emirates Woman (https://emirateswoman.com/coronavirus-uae-sheikh-hamdan-reduction-dewa-bills-for-three-months); Gulf News (https://gulfnews.com/business/property/covid-19-relief-more-uae-landlords-offer-three-month-rent-free-incentives-1.70633109); UAE Supreme Council for National Security (https://covid19.ncema.gov.ae/en/News/Details/141); UAE Supreme Council for National Security (https://covid19.ncema.gov.ae/en/News/Details/1141) and International Investment (https://www.internationalinvestment.net/news/4013604/uae-launches-leave-policy-expat-workers); Gulf News; Khaleej Times; UAE Supreme Council for National Security https://covid19.ncema.gov.ae/en/News/Details/134); Khajeej Times (https://www.khaleejtimes.com/coronavirus-pandemic/coronavirus-uae-visas-permits-id-cards-to-stay-valid-till-end-of-the-year); Khaleej Times (https://www.khaleejtimes.com/coronavirus-pandemic/coronavirus-closure-exemption-announced-for-9-dubai-business-activities)

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KELMER GROUP’s privacy policy (GDPR version)

INTRODUCTION   

Welcome to the KELMER GROUP’s privacy notice.

Kelmer Group respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

This privacy notice is provided in a layered format so you can click through to the specific areas set out below. Alternatively you can download a pdf version of the policy here

Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.

GLOSSARY

LAWFUL BASIS  

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

EXTERNAL THIRD PARTIES   

  • Service providers acting as processors based in the United Kingdom who provide IT and system administration services, including billing.
  • Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors, agents and insurers based in the United Kingdom or abroad.
  • Professional advisers acting as legal representatives of counterparties.
  • HM Revenue & Customs, regulators and other authorities and agencies acting as processors or joint controllers based in the United Kingdom or abroad who require reporting of processing activities in certain circumstances.

YOUR LEGAL RIGHTS  

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms. 

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Data Processing Terms of Business for Suppliers

DATA PROCESSING TERMS 

In order that you as a service provider and data processor (referred to as “Processor” or “you” or “your”) may provide or continue to provide certain services (the “Services”) to us, the Business and data controller (referred to as “the Business” or “we”, “us” or “our”), you have agreed that these data processing terms (“Terms”) shall apply (notwithstanding any other terms and conditions applicable to the delivery of the Services to the contrary) in order to address the compliance obligations imposed upon the Business and its Clients pursuant to the Data Protection Law. These Terms shall constitute a separate agreement or they may be incorporated by reference in the relevant Services agreement, as the case may be.

BY ACCEPTING ANY MATERIALS FROM THE BUSINESS OR OTHERWISE COMMENCING THE SERVICES (“EFFECTIVE DATE”), YOU AGREE THAT THE PROCESSOR WILL PROCESS BUSINESS PERSONAL DATA IN ACCORDANCE WITH THESE TERMS, WHICH YOU HEREBY ACCEPT FOR AND ON BEHALF OF THE PROCESSOR.

NOW IT IS HEREBY AGREED as follows:

SCHEDULE: Security measures

Processor shall put in place the following measures, as applicable.

Minimum technical measures

  • Firewalls which are properly configured and using the latest software;
  • user access control management;
  • unique passwords of sufficient complexity and regular expiry on all devices;
  • secure configuration on all devices;
  • regular software updates, if appropriate, by using patch management software;
  • timely decommissioning and secure wiping (that renders data unrecoverable) of old software and hardware;
  • real-time protection anti-virus, anti-malware and anti-spyware software;
  • https;
  • encryption of all portable devices ensuring appropriate protection of the key;
  • encryption of personal data in transit by using suitable encryption solutions;
  • multi-factor authentication for remote access;
  • WPA-TKIP secured WiFi access;
  • delinquent web filtering and other appropriate internet access restrictions;
  • intrusion detection and prevention systems;
  • appropriate and proportionate monitoring of personnel; and
  • data backup and disaster recovery measures and procedures.

Minimal organisational measures

  • Vet all personnel including staff, contractors, vendors and suppliers (including Subprocessors) on continuous basis;
  • non-disclosure agreements used with all personnel;
  • regular training of all personnel on confidentiality, data processing obligations, identification of Security Breaches and risks;
  • apply principle of least authority, including a restricted or strictly controlled transit of data and material outside of office;
  • physical security on premises including reception or front desk, security passes, clean desk policy, storage of documents in secure cabinets, secure disposal of materials, CCTV, etc.;
  • apply appropriate policies including Information Security Policy, Data Protection Policy, BYOD, Acceptable Use Policy; limited and monitored personal use of work resources, as appropriate.