ختر اللغة

العربية
English
English

français

法语
Thursday  16 October 2008 Search
WORKING HOURS
Sunday to Thursday
From 7:30am to 2:30pm
Customer Service Timing
From 8:30 am to 1:30 pm
DAFZA 24/7 Call Center
7000 40000
ask dubai e4all
Home --> Starting Business --> 7) After Registration --> Employment & immigration

DAFZA Rules and Regulations

Rules for Operating in the Free Zone

Employee Affairs

1.1 General:

1.1.1

The Free Zone Authority requires recording the names of a License's Staff that are authorized to sign entry permits and other administrative correspondence with the Company's operations. The names shall be recorded on a "certificate of Authorization" to be lodged with Free Zone Commercial Operations.

1.1.2

Any Licensee wishing to claim a refund for a service which has been cancelled (either by the License or by the Authority) must apply in writing to the Commercial Operations Department within 6 months of the invoice date. Details must include the full reason of the refund and the date on which the original payment was made. In response, the Authority will provide the applicant with a Credit Note after taking account of the expenses incurred before the refund claim was received. The Authority's decision on the amount to be refunded is final.

1.1.3

Working hours for Employees will be 8 hours per day, plus one-hour lunch break, six hours per week.

1.1.4

During the Holy Month of Ramadan, the working hours shall be reduced from 8 hours per day to 6 hours per day and this will apply to all Employees of the Free Zone Companies, regardless of their religion. Any additional working hours shall be entitled to overtime payments.

1.1.5

Overtime shall be paid at the rate of 125% of the basic hourly rate, and overtime on public holidays shall be paid at the rate of 150% of the basic hourly rate.

1.1.6

Public holidays for Employees in the Free Zone Companies will be in line with the public holidays announced by the UAE Government for Employees of the private sector in the UAE.

1.1.7

Any requirement for shift working must be notified to the Free Zone Authority, Commercial Operations Department, in respect of number of shifts, hours and number of employees per shift. Otherwise, the necessary increase in staff may not be approved on the grounds that the space available is inadequate for the number of employees.

           

1.2       Sponsorship

1.2.1

The Free Zone Authority is permitted to sponsor staff who are to be engaged to work for Licensees in the Dubai Airport Free Zone.

1.2.2

A company wishing to take advantage of this facility, will be required to sign a "Personal Secondment Agreement" (PSA) with the Free Zone Authority". This agreement lays down the conditions under which the Free Zone Authority will act as sponsor for a Licensee's employees. A Licensee's employees must not exceed the figure approved by the Free Zone Authority ( e.g. according to office area, machinery installation, etc.).

1.2.3

The (PSA) signed by Licensees require a Bank Guarantee in accordance with (-----) of the PSA in respect of each employee sponsored by the Free Zone Authority. However, a single Bank Guarantee to cover the anticipated total number of employees may be lodged with the Free Zone Commercial Operations Department. This Bank Guarantee shall be in line with the standard format approved by the Authority.

1.2.4

For the purpose of calculating the value of the Bank Guarantee for sponsored staff, it is essential to account for one and half months basic salary plus the cost of  one way air ticket to the employee's point of origin at the published IATA rate. It is essential to note that the Bank Guarantee requires an increase in the value to meet subsequent increases in salaries or airfares.

1.2.5

The Free Zone Authority will act as sponsor to obtain Entry Permits and Residence Visas for employees recruited by Licensees. Licensees wishing to employ staff, other than nationals of GCC countries, and who are to be sponsored by the Free Zone Authority, are required to apply the Visa procedure through Free Zone Commercial Operations Department.

1.2.6

Staff sponsored by the Free Zone Authority may only work in Dubai Airport Free Zone. However, there may be occasions when a Licensee requires an Employee to work outside the Free Zone. (eg. installation, repair, or maintenance of special equipment). For such work, the Free Zone Authority's prior approval is required.

1.2.7

Sponsored employees are only allowed to work with the Companies they are seconded to. Under no circumstances they will be allowed to work for other companies, even during their free time or holidays. Licensees shall not recruit, employ or make use of employees of other companies.

1.2.8

The Free Zone Authority will accept requests to transfer employees between Licensees within the Free Zone provided both employees are willing to issue no objection letter and the receiving company has a valid "Personal Secondment Agreement" (PSA).

1.2.9

The Free Zone Authority cannot continue to sponsor an employee, who is seeking alternative employment, being no longer employed by the Licensee. All unused entry permits (Visit, Transit, Employment) need to be returned to Free Zone Administration for cancellation.

1.3 Employing Non-Sponsored Staff

1.3.1

Licensees can employ Non Sponsored Staff in the Free Zone, either temporarily or permanently, providing certain conditions are fulfilled, i.e. employment is permitted for the following:

a. A female sponsored by a relative.

b. Employee of a parent company registered in the UAE.

c. Employee of a sister company registered in the UAE.

Licensees wishing to employ anyone in the above categories must initially seek the approval of the Free Zone Authority through the Commercial Operations Department. Approved Non Sponsored Staff must however acquire the appropriate ID card or pass.

1.4 Passes for Working and Visiting the Free Zone

1.4.1

Company Labor card

All sponsored employees are issued a Labor Card which provides a unique identification for each employee. This card serves as permit to work in the Free Zone, allows access into the Free Zone, and it is the source of identification in lieu of the employee passport. In case of loosing the Card, then a replacement can be issued only with a Police Clearance Report.

1.4.2

SPECIAL Identification card

ID cards will be issued to female employees of the Free Zone Companies, not sponsored by the Authority, but who are sponsored by a relative.

1.4.3

Temporary gate pass

This gate passes are issued to employees not sponsored by the Authority and who have been approved to work for Free Zone Companies.

1.5       Employment

1.5.1    

Free Zone Licensees who will be recruiting employees under the sponsorship of the Authority are responsible to bear the following costs:

a. Cost of processing the Entry Permit.

b. Cost of air ticket from the employee's point of origin to Dubai

c. Cost of Health Card and Medical Fitness Certificate

d. Cost of Residence Visa Stamp

e. Cost of renewal of Residence Visa, Health Card, and the Medical Fitness Certificate.

f. cost of Residency Cancellation

Under no circumstances will these expenses be charged to the employee or deducted from his/her salary.

1.5.2

The Terms and Conditions for staff recruited by Licensees, but sponsored by the Free Zone Authority, are to be negotiated by the employer and the employee. However, as sponsor, the Free Zone Authority is responsible for ensuring that rules relating to employees are observed.

1.5.3

All sponsored employees shall sign an Employment Contract prescribed by the Free Zone which shall offer minimum acceptable conditions of employment. Companies are at liberty to provide better conditions, if they wish.

1.5.4

Those who are exempted from providing a Bank Guarantee are required to sign an undertaking in lieu of the Employment Contract to the effect that they cannot make any claims against the Free Zone Authority as sponsors.

1.6 Passports

1.6.1

Employees of Licensees, who are sponsored by the Authority, will have their passports Transferred to the company. A Labor Card will be issued in its place as an identification document.

1.6.2

All Passports + other personal /official documents will be collected and handed-over to company authorized PRO or authorized trade name individual

1.6.3

Passports can also be withdrawn by individuals for specific purposes. A request for Release of Passport Form must be completed and singed by an authorized signatory and submitted to Free Zone Commercial Operations Department for approval. The agreed date for return must be complied with.

1.6.4

In case of emergency outside normal working hours, it is possible to withdraw a passport. The procedure is to ring the Authority's Security (+971-4-2027240) and explain the situation. The Security Supervisor will arrange for the attendance of a Free Zone Staff Member who can provide the passport in exchange for the Labor Card.

1.6.5

If possible, a Request for Passport Release Form should be completed and signed by an Authority's signatory and then presented to the Commercial Operations Department. However, a request on company notepaper with an authorized signature will be accepted if the proper request form is not available to the applicant.

1.7 Medical Cover for Free Zone Sponsored Employees

1.7.1

Medical cover for sponsored employees can be arranged through the Department of Health and Medical Services (DOHMS). This service is available on payment of the required fees as per the Tariff.

1.7.2

Companies requiring Medical Cards for their employees should apply to the Free Zone Commercial Operations Department. One stamp size photograph will be required and a note of the district which the employee resides.

§         A Health Card is still required in order to obtain a Medical Fitness Certificate from government hospitals / clinic, which is mandatory for stamping the Residence Permits.

1.8 Termination Rules of Employment Contract

1.8.1

A Contract of Employment may be terminated as follows:

a. By mutual agreement between the employer and employee according to Commercial Operation approval

b. By the employee or employer during or prior to the end of the probationary period (without notice).

c. By the employee or employer giving 30 days notice in writing (after the probationary period).

d. On expiry of the service period prescribed in the contract, provided 30 days notice of non-renewal is given by either party.

1.8.2

A Contract of Employment shall be terminated in either of the following cases:

a. If the employee dies during service.

b. Illness of  or injury to the employee resulting in a total  work incapacity (which is subject to the provision of a Medical Report by an acceptable authority).

1.8.3

An employee shall be entitled to a period of notice before termination of service as laid down in the Employment Contract. The employee shall be entitled to full pay during the prescribed notice period. The employee can  be requested  to work during the notice period should the employer so wish.

1.8.4

If an employer reduces the notice period, the employee will be entitled to the full notice period payment as prescribed in the Employment Contract, even if only part of the full period is worked.

1.8.5

If an employee wishes to reduce the notice period, the employer will be entitled to receive payment from the employee for any portion of the prescribed notice period not worked. On compassionate grounds the employer may waive the right to receive this payment.     

1.8.6

An employee's service may be terminated without notice for any of the following reasons:

a. If the Employee is ill- disciplined, or fails adequately to perform the duties as defined in the Employment Contract (three written warnings with copies to the Free Zone Authority must be given before this rule is activated).

b. If the employee sentenced by competent court of a civil misdemeanor or criminal act.

c. If the employee is found drunk or under the influence of a drug at work.

d. If the employee is absent from work without valid reason for more than seven continuous days in any one year.

e. If the employee, while at work, assaults the employer, a responsible

Manager, a workmate or a visitor.

f. If the employee falsifies his / her identity details.

1.8.7

An employee may cease work without notice if:

a. The employer fails to fulfill the terms of the Contract of Employment.

b. The employer or his representative assaults the employee.

1.8.8

Termination under clauses (1.8.6) & (1.8.7) are subject to agreement by the Free Zone Authority before the Employment Contract is cancelled.

1.8.9

Dismissal for any reason other than those in clause (1.8.6) shall be deemed to be an "arbitrary dismissal". In such cases the employee shall be entitled to compensation in addition to severance payments due under the terms of the Employment Contract.

1.8.10

The amount of compensation to be paid:

a. Shall be assessed by the Free Zone Authority.

b. Shall not exceed three times the basic monthly wage specified in the Employment Contract.

c. The Authority's decision shall be final.

1.8.11

Where a change occurs in the form or legal status of an establishment, Employment Contracts that were valid at the time of change shall remain in force between the new employer and the existing employees of the establishment and their service shall be deemed to be continuous.

1.8.12

If an employee transfers to another employer, service will not be considered to be continuous unless special arrangements to the contrary are agreed.

1.8.13

An Employee whose service exceed one year shall be entitled to a gratuity payment on termination of service at the rate of 21 days for the first 5 years of services & 30 days for each year after 5 years , or as per gratuity articles issued in UAE labor law

1.8.14

The gratuity shall be calculated at the basic rate of the monthly basic salary  as defined in the Employment Contract.

1.8.15

Entitlement to gratuities (end of service benefits) shall be forfeited if the employee:

a. Is dismissed in accordance with one of provisions  in clause (1.8.6)

b. Resigns before completing one year's service.

1.8.16

In case of death during service, the gratuity due will be payable as part of the employee's estate.

1.8.17

On termination of service, (attend of contract or if the contract is terminated by the employer prior to completion of contract), the employer shall provide an air ticket to the International Airport nearest to the employee's home.

However, an air fare will not be provided in the case of dismissal under clauses (1.8.6) or where the employee terminates (break) employment prior to end of the contract.

1.8.18