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Thursday, 23 November 2017

Your company refuse to pay your Emirates ID costs?

EIDA had urged all employers to take up the responsibility of bearing the cost of the ID cards of their employees.


Employees employed in mines comes under category of 'Dangerous Operations' and the working hours for employees working under such category of employment shall be seven hours. This is in accordance with ministerial order no. 4/1 of 1981 related to working hours for employees working in Dangerous Operations. 

Since the employment is related to mining industry, the said scenario your friend and his colleagues are undergoing is somewhat different in nature. Further, you have not mentioned how many hours of work your friend is working. If your friend and his colleagues are only working seven hours in a day then they are only eligible for one day off in a week. This is in accordance with aforementioned ministerial order and article 65 of federal law no. 8 of 1980 regulating employment relations in the UAE (the "Employment Law"), which states: "The maximum normal hours of work of adult workers shall be eight a day or 48 a week. The hours of work may be increased to nine hours a day in commercial establishments, hotels and cafes and of guard duties and any other operations where such increase is authorised by order of the Minister for Human Resources and Emiratisation. The daily hours of work may be reduced in the case of arduous or unhealthy operations by order of the Minister of Human Resources and Emiratisation.
"The normal hours of work shall be reduced by two during the month of Ramadan.



"The period spent by a worker in traveling between his home and place of work shall not be included in his hours of work."
By practice, the employment in mining, quarries or in drilling rigs is at times likely to be for longer 48 hours a week, without any off day. The employees may work for long period without an off day and then be compensated by long break of holidays for a few days or weeks. However, the Ministry of Human Resources and Emiratisation (the "Ministry") will lay down some guidelines relating to working environment, working hours and holidays to such kind of specific industries or sectors. If the employer complies with the regulations of the ministry, then the employees cannot complain about the change in work schedule and holidays.
Further to your question, it may be noted that there is no legal provision in the Employment Law relating to bearing the cost of the UAE Resident Identity Card by the employer or the employee. However, in the year 2013, EIDA had urged all employers to take up the responsibility of bearing the cost of UAE Resident ID cards of their employees since its issuance is connected with the issuance/renewal of the residence visa of an employee. Therefore, your friend and his colleagues may request their employer to bear the cost of obtaining/renewal of the Emirates ID card.
Article 6 (a) of ministerial order no. 52 of 1989 regarding the rules and procedures to be adopted at the labor permit sections with respect to the recruitment of non-national employees for employment in the UAE states: "An undertaking from the employer to the effect that he shall sponsor and be responsible for the recruited employee, the bearing of his recruitment expenses and his employment in accordance with the employment contract in a away not prejudicing the provision of the federal no. 8/1980 referred to herein."

The interpretation of the above ministerial order may require the employer to bear the cost of the issuance/renewal of the UAE Resident ID as part of the recruitment expenses borne by the employer.
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