Overstaying fines in case of visa delays

Issuance of any visa in the UAE is at the discretion of the competent Directorate of Residency and Foreigners' Affairs.

I worked with an audit firm in Dubai for one-and-a-half years. After getting a good opportunity in a free zone company in Ajman, I resigned from my old company. My last working day was October 30, 2014. Accordingly, my visa from the old company was cancelled on October 18 and I have submitted all the required documents for visa processing to my new company. It is to be noted that as per the visa cancellation document, I could stay in the UAE till November 17. As per the offer letter, I have to join the new company on November 2. I understand that it usually takes two days for processing the visa. My new company submitted my visa application on October 26, but I am still waiting for my visa. I have not received any response from the immigration department yet. Currently I am overstaying in the UAE and have no clue what to do in these circumstances.
It may be advised that you continue to follow up with your prospective employer for updates on the issuance of your employment visa. It may be noted that the issuance of any visa in the UAE is at the discretion of the competent Directorate of Residency and Foreigners' Affairs, and there are no procedures as such to expedite the procedure for issuing a visa.
You have not mentioned if you have received any acknowledgement and evidence from your prospective employer confirming that your employer has actually applied for your visa. In case you have such evidence, you may continue to stay on in the country till you receive a new visa. However if you decide to overstay in the UAE, applicable fine will be levied for each day of overstay. You may check with your prospective employer if they will pay such fines for overstay.
Therefore, it may be advised that if your prospective employer is unable to secure a visa for you within a reasonable period of time, you may opt to exit the country in order to avoid payment of any overstay fines. You may subsequently return only when your employer has secured a new visa for you.
Compensation for death due to occupational deaths
I work for the human resources department of a contracting firm in the UAE. According to Article 149 of the UAE Labour Law, there is a provision for payment of 24 months' basic remuneration (with a minimum amount of Dh18,000 and maximum pay-out of Dh35,000) in the event of an accidental death or death due to occupational disease.
In the company I work, there is a group life insurance coverage for its employees, which pays much more than what is ordained by law. Will the company still be liable to pay out the compensation as stated in Article 149 of the UAE Labour Law of 1980?
It is understood that your employer provides group life insurance coverage for all its employees at its own cost. Pursuant to your question, it may be advised that in the unfortunate event of death of a worker, it is mandatory for the employer to pay a compensation to the dependents or family members of the deceased worker, amounting to a payment of 24 months of the worker's basic salary. This is in accordance with Article 149 of the Federal Law No 8 of 1980 on the Regulation of Labour Relations (the "Labour Law"), which states as follows:
"Where a worker dies as a result of an employment accident or an occupational disease, the members of his family shall be entitled to compensation equal to his basic remuneration for 24 months, provided that the amount of the compensation shall not be less than Dh18,000 or more than Dh35,000. The amount of compensation shall be calculated on the basis of the last remuneration received by the worker before his death. The compensation shall be distributed amount the deceased worker's dependants in accordance with the provisions of Schedule 3 attached to this Law.
For the purposes of the provisions of this article the expression 'deceased worker's family' means such of the following persons as wholly or principally dependent for their subsistence on the deceased worker's income at the time of his death:
(a) The widow or widower;
(b) The children, namely:
(1) Sons who are under seven years of age, and also sons who are regularly enrolled in educational institutions and are under 24 years of age or who are mentally or physically incapacitated for earning a living. The term "sons" includes the sons of the husband or of the wife who were in the deceased worker's care at the time of his death;
(2) Unmarried daughters; term includes unmarried daughters of the husband or of the wife who were in the deceased worker's care at the time of his death.
(c) The parents;
(d) The brothers and sisters, subject to the conditions prescribed for sons and daughters."
In view of the foregoing, it may be noted that the Labour Law makes it mandatory for all employers to compensate the dependents or family members of a deceased employee as described in Article 149. However, where the employer has taken an insurance coverage for all its employees and is paying the premium for the same, the employer will facilitate the payment of the compensation from the insurance company to the employee on behalf of the employer. It is not mandatory for the employer to pay any other compensation to its deceased employee other than the payment of compensation by the insurance company to comply with the Article 149 of the Federal Law No 8 of 1980 of the Labour Law.

Ashish Mehta, LLB, F.I.C.A., M.C.I.T., M.C.I.Arb., is the founder andManaging Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore and India. He manages a multi-jurisdictional law firm practice, providing analysis and counselling on complex legal documents, and policies including but not limited to corporate matters, commercial transactions, banking and finance, property and construction, real estates acquisitions, mergers and acquisitions, financial restructuring, arbitration and mediation, family matters, general crime and litigation issues. Visit www.amalawyers.com for further information. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.