UAE latest labour studies & solutions

Brief Study on Foreign Labour,

Protection of their Rights and Simplification of

Relevant Procedures

This study raises the issue of establishing a public shareholding company or two companies under the name of "Amala" for manpower.

More organization of labor relationships means easier procedures. Our research presents a simplified method for facilitating the procedures of labor transactions on all levels; including the doctor, expert, scientist, physician, pilot, teacher, mechanic, technician, chef, worker, nanny and housemaid.

Objectives:

First: Simplification, amendment, enactment and redrafting of the labour law(s) as deemed appropriate by the governments in this regard.

Second: Placing and focusing the responsibilities in specialized authorities and coping with the development march inspired by the sound leadership for creativity.

This research discusses the idea of establishing two companies for labour affairs or two establishments of recruitment on various levels. These proposed companies should compete with each other to ensure quality and accelerate the response to different requests. They are intended to be specialized shareholding labor corporations, as the governmental contribution in them will not be less than %60. The organizations should be classified on the basis of the qualitative specialization and depend on the new way of thinking to settle all labour problems, correct their conditions and protect their rights. As a consequence, the excellent reputation of the United Arab Emirates will be internationally enhanced. Further, these companies should seek and cope with the significant progress and development of the United Arab Emirates in all fields, whether governmental, semi-governmental, private, shareholding or the private associations with world awards such as the prizes of LIS and other international awards to gain the confidence of the government and the public as well.

Third: Security Level

The proposed labor companies should be run by a very developed management boards (up to the standard of telecommunication companies and banks and utilize specialized computer applications with mega memory capacity). These applications facilitate communication with any member of such labor of various types and degrees for unfolding its security status at any time and moment. The responsible body for this wanted person becomes one authority or two only, which makes the target easier in access and handling in coordination with the first and last sponsor; Amala Company (labor company). I would like to point out that the UAE national employing the worker does not become a sponsor, but a user of this service provided by Amala Company (the role of the UAE sponsor ceases, as he will not enjoy the legal status of the sponsor as an individual). The same applies to other organizations employing the worker, as they would not be the real sponsor of the worker but they would just receive a service from Amala Company.

Fourth:

Both companies will always play the role of the sponsor to protect various rights of labor, including financial, legal and health aspects and all relevant affairs. As for the UAE national, establishment or any governmental or semi-governmental body, it will primarily be a subscriber with a number or code and would not have the legal status of the sponsor. The whole issue is a service provided by Amala (A) and Amala (B) and the subscriber or user of this service is bound by all terms and conditions in the membership applications. The membership in Amala (A) and Amala (B) will be based on subscription fees and provision of a banking guarantee without an expiry date in order to avoid repetition of applications. The fees of subscription differ according to the number of required labour regardless of the educational or scientific degrees or positions. The guarantee is intended to cover the subscription and is not imposed on every worker.

Fifth: Role of Recruitment Companies (or Amala)

The recruitment companies will replace the Ministry of Labor or cancels its role entirely in the field of labor only, because they will be the actual body, main sponsor and first supervisor of labour. Thus, they become the sole sponsor and first supervisor of all labour inside the United Arab Emirates. Undoubtedly, this move will help keep the public honesty and homeland security as the workers are part and parcel of the nation. In other words, the process will be regulated under a different slogan in terms of quality and development in management of such matters. There is nothing wrong about creativity and globalization, as the time is changing and quick procedures should be available in all areas. We should keep the rights of all parties. Therefore, we can avoid labour strikes and disobedience and maintain the reputation of the nation on the international and media levels. There are several people who are waiting for any labour violation or deprivation from the rights of the third party as earlier occurred. Concerning the ownership of these labour companies, they should be semi-governmental shareholding companies with a rate of %60 for example and the remaining percentage becomes in the form of shares for UAE nationals. The government will appoint the chairman and a number of members whereas the remaining members are elected from the shareholders to act in their behalf. The procedure will enable us to assume the big share from the tasks of the Ministry of Labour, avoid the boring routine, labour troubles and long queues ultimately, and win in the march of the nation’s development.

Sixth: Activities of Recruitment Companies

The activities of the recruitment companies would be summarized into recruitment of labour of all levels according to the request of the subscriber at any number in line with the requirement of the project, factory, office, restaurant, school, university, hospital or home and so on. The recruitment companies should have specialized representation offices in the field of labour from all levels outside the nation in the countries with the required labour density daily or as required. These companies should establish labor camps to accommodate the mobile labour and camps for lease to establishments and companies with heavy labor. The move will increase the income and push the stocks of Amala Companies higher.

The subscriber will not visit Amala Companies after the process of formal subscription. He will obtain a smart electronic card with all information of the subscriber connected to electronic communication means (SMS). The company can share the information with the subscribers via e-mail to make the instructions and reports. For instance, the subscriber sends a driver application by e-mail or simply calls Amala Company and mentions the subscription number. Amala Company sends the driver to the house of the subscriber as soon as possible in return for certain fees from its account after confirming acceptance of the driver by such subscriber. The said fees will not exceed one thousand dirhams and are not refundable after six months from the employment of the driver with the same subscriber.

Seventh: Legal Conditions for Various Categories of Labour

Whereas Amala Companies are the actual sponsor of labor, they will be responsible for issuing the visas without referring the subscriber to the competent departments such as the passports (fulfillment of all legal conditions of the worker). Thus, the subscriber does not endure the pain of contacting the authorities and similar measures. Amala Company should be solely charged with such procedures to ensure governmental coordination and quick processing. The electronic networking has a role in a manner very far from intentional or unintentional mistakes and the subscriber will not entirely be asked to refer to the departments of visas (passports). Amala Company will be charged with the issue. As for the fees of visas, they are deducted from the account with Amala Company electronically. Visits and referring to the departments of immigration and nationality (passports) will be restricted only to the UAE nationals having the desire to issue or renew the passports and similar procedures.

Note: The departments of visas can be incorporated with Amala Company in one building for quick processing, and Amala will also be responsible for issue of visit visas.

In conclusion, I present this proposal to all decision-makers and officials at the United Arab Emirates for research, discussion and realization of the public good.

If we put this move in a simple equation, we will have 4,000,000 x 000 fees of visas x charges of the medical test x banking guarantees x bank interests on the deposits x rents of labor camps x funds of the shares. This equation produces a multi-billion figure from the product of multiplying these funds.

I hope that the picture is now clearer.

Mohamed Gaith bin Mohah Al Mazroui