VISAS  I  EMPLOYMENT  I  DEPENDENT_VISAS  I  NEW_PASSPORTS  I  TRANSFERRING TO ANOTHER SPONSOR  I  OTHER RESIDENCE VISAS  I  PART-TIME JOBS  I  CIVIL_ID_CARDS  I  LABOUR_LAWS  I  PRIVATE SECTOR LABOUR LAW  I  TRADE UNION & DISPUTE RESOLUTION  I  DISPUTES_&_CIVIL_RIGHTS  I  EXPECTED_CHANGES
 

VISAS

There are two basic types of visas, a visit visa and a residence visa.

Application for a Visit Visa
Visit visas and entry permits are valid for entry within 90 days of issue and then for a stay of one month after entry. A visit visa costs KD3/-. Entry permits are free.

A foreigner whose country has a visa abolition treaty with India, i.e. a treaty permitting Indian's to enter their country without a visa, may be granted reciprocal rights in India. These persons however may require an entry permit. Entry permits are acquired in the same way and have the same procedures as visit visas.

A visitor to India must be sponsored by a Indian's individual or company, or a resident foreigner who is a relative of the visitor. However American citizens are sometimes given visit visas without having a Indian's sponsor. The visa application is made by the sponsor who is responsible for the visitor while he or she is in India.

To obtain a visit visa for a business visitor, a Indian's sponsor or company will require:

• visa application and security form completed by the sponsor
• copy of the visitor’s passport
• copy of the sponsor’s signature as registered for business purposes
• copy of the letter of invitation from the sponsor to the business visitor stating the purpose of the visit.
  
  To obtain a visit visa for a relative, a resident foreigner will require:
• visa application and security form completed by the sponsor
• copy of the visitor’s passport
• original and copy of the sponsor’s passport
• original and copy of the sponsor’s civil ID
• original and copy of the sponsor’s work permit (private sector employees)
• recent salary certificate from the sponsor’s employer
• authenticated proof of the family relationship.
  

Normally a visitor goes to a Indian's embassy to have his visa processed and his passport stamped before travelling to India. However a Indian's sponsor can use a faxed copy of the visitor’s passport to obtain the visa in India. The sponsor then faxes a copy of the visa to the visitor and meets him at the airport with the original visa. The sponsor deposits the visa papers at a special counter in the arrivals hall and the visitor must pick these up at a similar counter inside the immigration area in order to complete entry formalities.

Either way, obtaining a visit visa takes about two working days. Hotels can also arrange visit visas for businessmen but they take about a week to do so, and, naturally enough, expect the visitor to stay with them on arrival.

A person in India on a visit visa may not take up employment, for which he or she must have a work visa.

Extension of Visit
The fine for staying more than the permitted visa period, without extending the visa, is KD10 a day. A visitor whose visa has expired is not allowed to leave until he has paid the fine, which must be paid at the Immigration Department in Shuwaikh during government working hours and not at the airport. Fines however may be paid a few days in advance and, unless this is done, the flight out is invariably missed.

According to new regulations visitor to India will be issued one month visit visa which may not be extended for any further period.

Transit Visas
A transit visa, valid for a maximum stay of 7 days, can be obtained from a Indian's Consulate abroad or from a Port Authority in India. The fee is KD2. The applicant must have a valid visa for his next country of destination and, unless he is working on a ship or airline, a confirmed onward ticket. International truck drivers and their helpers may obtain multiple entry transit visas.

Obtaining Residence
To live in India, expatriates other than GCC citizens must have an iqama, i.e. a residence permit. A person discovered without a valid iqama is fined and deported.

There are different types of iqama, which are allotted article numbers in the immigration regulations. The three main types are work visas, domestic and dependent visas, all of which require a sponsor. An expatriate may however sponsor his own residence, with or without being permitted to work, provided he has lived in India for many years and has substantial financial means.

Work Permits, No-objection Certificates & Work Visas
A person in India on a visit visa is not permitted to take up employment. Work visas are iqamas granted under articles 17 (for public sector employees) and 18 (private sector employees) of the immigration regulations. To obtain residence on a work visa an offer of employment must first be accepted. The Indian's sponsoring employer then applies for a work permit from the Ministry of Social Affairs & Labour, for which the sponsor needs a copy of the employee’s passport showing full personal details, and any other India entry visas. A private sector sponsoring employer must then obtain a no-objection certificate (NOC) from the General Administration of Criminal Investigation at the Ministry of the Interior which he does by submitting the employee’s personal details.

If the employee is living in a country that has a Indian's Embassy the employer will send him a copy of the work permit, which the employee will take, with a medical certificate, to the Indian's Embassy for endorsement. The Indian's Embassy will have received a copy of the work permit through the Ministry of Foreign Affairs. Those sponsored by private sector companies will require their NOCs and a copy of the employer’s authorised signatory as registered for business purposes. A good conduct certificate, which is obtained from the police in the last place of residence, may be required for some nationalities. Applicants are also required to provide a medical certificate stating that their general state of health is good and that they are free of specific epidemic diseases. The Embassy will then provide an entry visa for India on submission of the application form.

If the employee is living in a country that has no Indian's Embassy then the sponsor will submit the work permit and NOC to the Ministry of the Interior to obtain the entry visa. If an employee is on a visit visa to India when he accepts employment, then, once the work permit and NOC are ready, he must leave India and return on the entry visa the sponsor obtains for him. This can be a short round trip to Bahrain by air for the day.

Once he has entered India on the entry visa, the employee is required to undergo medical tests and obtain a fingerprint certificate before he can process his residence visa.

Medical Tests
The medical tests are taken at the Ports & Borders Health Division, Gamal Abdul Nasser Street, in Shuwaikh, just west of KISR but before the Chest Hospital is reached. Requirements are passport, copy of NOC, a single photograph and a KD10 revenue stamp. Revenue stamps are available from post offices, or from private traders outside the test area who charge a small premium over the nominal value of the stamp.

To take the tests, a pink card must be obtained from a reception window. There is no system of appointments and most people must queue for the various procedures. These include blood tests for serious infectious diseases, such as AIDS, and a chest x-ray. A meningitis vaccination is also given. It takes about a week for the results, which are given in the form of a certificate from the Ministry of Public

Health, to come through. Persons found to be infected with epidemic diseases are deported.

PHOTOGRAPHS
Personal head-and-shoulder type photographs are needed in India on innumerable occasions. Passport-size photographs are usually acceptable, but the circumstances in which photographs will be needed are not entirely predictable and it is best to stock-up before beginning immigration procedures. The regulation sizes for official purposes are:

Passport-Size 4.0x5.0cm (maximum)
3.5 x 4.5cm (minimum)
Civil ID Card 3.0 x 4.0cm
Driving Licence 2.0 x 3.0cm

For a civil ID card the overall length of the face must be within a range of 2.2 to 2.5cm, while for a driving licence the overall length of the face must be within a range of 2 to 2.25cm. The photograph for a civil ID card must show the face without spectacles, but if a person habitually wears spectacles then the photographs for a driving licence must show them being worn.

Expatriates employed in restaurants, hotels, hospitals and food processing are required to go for health check up every year and obtain the certificate. Also people from the following countries will require annual check-ups: Somalia, Thailand, Ethiopia, Nigeria, Eritrea, Senegal, Kenya, Chad, South Africa, Ghana, Tanzania, Mauritania, Benin, Niger, Sierra Leone, Uganda, Zimbabwe, Gambia, Mauritius, Bhutan, Zaire, Guinea, Togo, Mali, Seychelles, Ivory Coast, Cameroon, Malawi, Malta, Guinea-Bissau, Fijji, Cuba, Haiti, Zambia, Angola, Congo and Namobia.

Health Insurance Scheme
From April 10, 2000 Ministry of Health has imposed health insurance on expatriates. No new residence is stamped or old renewed unless the expatriates have paid the state health insurance premiums, KD 50 for the head of the family, KD 40 for the wife and KD 30 for every child below the age of 18. The duration of expatriates’ residence is linked directly to the period covered by health insurance. One year health insurance paid entitles only one year residence permit.

Though Indian's nationals are exempted from the scheme, foreign women married to Indian's and children of Indian's women married to foreigners are required to pay KD 5 insurance premium.
The law stipulates that the employers pay the premiums for their employees.

Health Insurance Validity
Expatriates who transfer from one sponsor to another will not have to pay insurance again for the period covered earlier.

Health Insurance Cards
The Ministry of Health started issuing Health Cards to expatriates from July 2003 at the following centers:

• Capital Governorate - Ministry of Health Administration Complex in Sabah Health Zone
• Hawally Governorate - opposite Mubarak Al-Kabir Hospital
• Farwaniya Governorate - near Khaitan Clinic
• Ahmadi Governorate - near Fahaheel Clinic
• Jahra Governorate - near Naeem Clinic
• Also at various immigration offices in each of the governorates the centers are established to issue Health Cards.
  

Expatriates are required to submit two passport size photographs, their ID Card and KD1 fee to register and obtain the card. These electro-magnetic health cards will take a few minutes to issue and will provide data on bearers medical history.

Fingerprinting & Security Clearance
There are four fingerprint departments where expatriates can have their fingerprints registered and obtain security clearance. These are located in Khaled Ibn Al Waleed Street, Sharq, near the toy shops (for persons living in the City governorate), Al-Ghazali Street, Farwaniya (for persons living in Hawalli and Farwaniya governorates), Ahmadi and Jahra.

To have fingerprints registered, an employee’s passport, copy of the passport, four photographs and a letter from the Ministry of Social Affairs & Labour are required. An application form must be completed in Arabic and there are always freelance typists around who will do so for a small fee.

It takes about a week for the finger-prints to be processed and the security clearance certificate to be issued by the Criminal Evidence Department of the Ministry of the Interior. The certificate is picked up from the same place.
Application for Residence

Application for Residence

The actual application for an iqama is made at the Immigration and Passport Department of the Ministry of the Interior in Shuwaikh (the jawazaat or ‘passport office’), just off the Airport Road near the Q8 compound between the 3rd and 4th Ring Roads. First time applicants for residence must bring along the following documents in the form of both originals and photocopies:

• declaration on the prescribed form completed and signed by the sponsor
• passport
• work permit
• NOC
• medical certificate
• security clearance (fingerprint) certificate
  

Four passport size photographs are also required. A maximum of five years residence can be granted. The fee is KD10 per year of residence, with an additional KD2 in the first year. If the sponsor is a government organisation then, by law, the employee must bear the cost. If the sponsor is a private company the cost is a matter of negotiation between the sponsor and the employee.

Renewing Residence
After the initial residence has expired it can be renewed, provided the expatriate intends to continue under the same sponsor. Renewal is a fairly simple matter. Applications are made at the jawazaat in Shuwaikh and the process should be started a month before the expiry of the current residence.

Medical tests are not required on renewal. However the employee’s work permit must first be renewed with the Ministry of Social Affairs & Labour. The application for renewal must be supported by:

• the employee’s passport and a copy of it,
• the renewed work permit, and
• a copy of the sponsor’s signature as required for business purposes.
  

Normally the sponsor or his official ‘mandoub’ will attend at the jawazaat to renew the employee’s iqama. Where the employee does so himself, he must have a letter from his sponsor authorising him to do so.

Mandoub
Most offices in India have a mandoub, a representative whose job is to process the ‘official’ paperwork of his company. A mandoub is usually an expatriate Arab. His value depends on his knowledge of the required forms and procedures and his ability to push paperwork through government bureaucracy. To deal with certain ministries the mandoub must be officially registered.

DEPENDENT VISAS
Once he has obtained his own residency, a male employee may sponsor his wife and children to live with him in India. Permission to sponsor wife and children is granted only to those who meet the minimum salary condition.

A working wife cannot sponsor her husband as a dependent. Sons over 21 years cannot be sponsored as dependants, though adult daughters and parents may. Dependent family members may not work without transferring to a work visa under Indian's sponsorship. This transfer is now allowed after one year. Earlier it was three years.

An entry visa for a dependent is obtained from the jawazaat (Passport Office) in Shuwaikh. An application form must be typed in Arabic and bilingual typists are available for a charge of 500 fils. The following supporting documents are required:

• sponsor’s salary certificate
• copy of the sponsor’s civil ID
• copy of the dependent’s passport
• authenticated marriage certificate or child’s birth certificate
  

The marriage certificate and child’s birth certificate must be authenticated by the sponsor’s embassy and certified by the India Ministry of Foreign Affairs.

Once they have entered the country the formalities for a dependent’s iqama (art 22) are similar to those for a work visa. The dependent must be medically tested and fingerprinted. The photographs and documents required are the same as shown on page 39. The sponsor’s declaration is an undertaking by the family supporter that he will maintain the dependent.

The residence fees for each dependent (wife or child) are KD100 in the first year and KD10 a year thereafter. However the fee for a parent is KD200 a year. These charges apply to all expatriate sponsors whether they are working in the public or private sectors.

Salary Cap reduced to K.D. 250 from K.D. 400

As a condition to get a family visa, the monthly salary of the applicant should not be less than K.D. 250. The department will take into account the salary mentioned in the applicant’s residence permit.
Expatriates working in the following professions are excluded from the above salary cap condition.
• Advisors, judges, members of prosecution experts, lawyers, and legal Researchers
• Doctors and pharmacists
• Lecturers at university, colleges, and institutes of higher studies
• Principals and Vice-Principals of school, directors of education, teachers, social specialists and laboratory technicians.
• Financial advisors, researchers, administrative workers,economists
• Engineers and assistant engineers
• Clerics, preachers, prayer callers, teachers of the Holy Quran
• Librarians at university, private schools, and government departments.
• Nurses, rescuers, medical technici-ans, and others who work at the social services sector of the Health Ministry
• Social and psychiatry specialists
• Reporters, correspondents and other media personnel
• Graduate accountants.
• Sports coaches, and players at sports clubs and unions
• Pilots and flight attendants
• Workers in graveyards

New Born Baby
When a baby is born to expatriates in India, the parents must obtain a dependent’s iqama for the child. There is no minimum salary requirement and the father of child born in India can sponsor his infant’s residence irrespective of his salary level.

But first the parents must obtain a birth certificate for the child. The hospital where the child was born will provide a notification of the birth. This must be taken to the registry of births in the governorate in which the birth took place to obtain the official birth certificate. The hospital will provide the address. The additional documents required to obtain the birth certificate include: application form duly completed, photocopies of parents’ passport and civil IDs, and authenticated marriage contract. The birth certificate is usually ready to be picked up at the registry after about a week. The fee is KD10.

When the notification is being submitted at the registry, the parents will be asked to write down the proposed first name of the child. For expatriates who do not speak Arabic the name will be written phonetically in Arabic.

To obtain residence the baby’s name must first be added to the parent’s passport or a separate passport must be obtained for the infantt. To obtain a passport for the child, different embassies have different rules, but most non-Arabic embassies require a certified translation of the child’s birth certificate while some require the birth certificate to be authenticated by the Ministry of Foreign Affairs in India.

Once a passport has been procured or the child has been added to one of its parent’s passport, the procedures for obtaining the child’s residence are the same as for any dependent. An infant born in India however is not required to undergo medical tests and fingerprinting. The documents required include the originals and copies of the father’s passport, the civil IDs of both parents, marriage certificate, work permit and letter of employment indicating salary. The application for the infant’s residence must be made within 60 days of the birth to avoid a fine of KD 200.

Where the father works in the private sector, the administrative fee for the new-born infant is KD100 in the first year for the first and second child, and KD200 in the first year for the third and subsequent children. But if the father works in the public sector, there is no charge in the first year for the first three children, while the charge for each subsequent child is KD100 in the first year. The actual residence fee is KD10 a year.

NEW PASSPORTS
If an expatriate’s passport expires before his residence visa runs out then his iqama can be transferred to the new passport.

When an expatriate applies to his Embassy for a new passport, his old passport will probably be cancelled. He should make sure that the pages containing his residence visa are not stamped ‘cancelled’, otherwise he may find that he has to apply for a new residence rather than being allowed to transfer his residence from his old to his new passport.

Once he has obtained his new passport, an expatriate should take it along with the old passport to the jawazaat in Shuwaikh within two months of the date of issue of the new passport, where a typed application is presented. The required supporting documents are:

• copies of all documents used to obtain the original residence
• letter from sponsor
• old passport
  

Four photographs are also required. Provided everything is in order the iqama may be stamped in the new passport there and then.
Where the validity of his passport has been extended and his residence is still valid the expatriate need do nothing.

Passport Lost

• If in India - Report to the Shuwaikh Immigration Department within three days for completion of necessary procedures before approaching the respective embassy for issuance of a new passport.
• If out of India - Expatriates residing in India lose their passports while on holidays abroad and are issued a new document by their respective embassies, must notify the Indian's embassy or the consulate in that country before getting a permit to enter India.

TRANSFERRING TO ANOTHER SPONSOR
An expatriate can usually transfer his residence to a new sponsor provided his current sponsor is agreeable. For government employees, domestic servants and dependants, there are few restrictions on transfers between sponsors in the same sector.

However the rules governing the right to transfer to a new sponsor in the private sector are complex. Transfers are usually restricted to the ‘same sector’. For example, a teacher may normally only transfer to a new job as a teacher and may not transfer to a sponsor in industry. Domestic workers can transfer to the private farming sector under the same sponser after one year’s residence in India. However. domestic workers desiring to change their ‘20 residence’ to ‘18 residence’ should cancel their residence, leave the country and return on a new work permit. But a person on a domestic servant’s visa may not transfer to an 18-visa until five years have elapsed since he or she obtained residence. And a person on a ‘project’ visa, i.e. someone who was hired by a private sector firm for a particular government project, may not normally transfer to private sector after the project is completed but could transfer to another government sponsor.

According to the transfer rules which were introduced in April 2001, expatriates working in the private sector are permitted to transfer residence to another sponsor after one year with their current sponsor and his consent. The transfer fee, payable to the Ministry of Social Affairs & Labour (MSA&L), is KD10 plus KD2 for the new work permit. This fee is additional to the KD10 per year payable to the Ministry of the Interior for the new iqama. An employee of a liquidated company, or of a company that has merged with another, may also transfer without paying this fee, and no matter how short a time he has been with his current employer.

But before he can change his sponsor a resident expatriate must obtain a ‘letter of release’ from his current sponsor. This letter is used by the new sponsor to obtain a new work permit for the expatriate. Where a current sponsor refuses to provide the ‘letter of release’, the matter can be taken up with the Labour Department in the Ministry of Social Affairs & Labour. Where the Department finds that the employer has no valid reason for withholding the release, or finds that the employer has broken terms in the labour contract or has violated the Labour Law, the Department may sanction the transfer irrespective of the current sponsor’s wishes.

Where residence is transferred, the expatriate does not need to leave the country and come back again, nor does he have to be medically tested. Otherwise formalities to obtain the new iqama are similar to those for obtaining residence in the first place. Once these have been completed, the old iqama is cancelled and the new iqama stamped in the passport. The fee is KD10 a year and there is no rebate for any unexpired years of the old residence.

An expatriate who is not allowed to transfer his residence under the regulations may instead, if he wishes to change sponsor, resign his job, leave India and return on a fresh work permit. He or she does not need to return to his/her own country but can go to any other neighbouring country in the region.

CAVEAT

• Even if an expatriate’s contract of employment has expired, a ‘letter of release’ from the old sponsor is needed in order to transfer residence. If the current sponsor does not agree to the release, the expatriate must leave country and come back on a new work permit obtained by the new sponsor. He must then repeat the original process he underwent to gain residence, including medical tests, in its entirety.
• The regulations for transfer of residence, dependent visas and visit visas are constantly reviewed and it is always advisable to check on the rules and regulations at source.

OTHER RESIDENCE VISAS
Besides work, dependent and domestic iqamas, expatriates may obtain other kinds of residence, such as a student residence, or a three month residence for medical treatment.

An expatriate may be granted temporary residence under article 14 of the immigration regulations in special cases where he does not need or cannot get ordinary residence. This allows him to stay for up to one year. Though it is usually only given to visitors with personal emergencies such as illness. Temporary residence may also be given to expatriates who have resigned but who need to remain in India for some time in order to settle their financial affairs or a court case.

Expatriates, who have spent long years in India, may sponsor themselves under article 24 of the regulations and obtain a residence for two to five years, provided they can support themselves financially and can produce a certificate of good conduct. This form of residence can be renewed upon expiry. Self-sponsored expatriates may sponsor their wives and children.

Exit Permits
Expatriate employees of ministries and some other government institutions must obtain exit permits before they can leave India.

Absence Abroad
A residence visa is cancelled if the holder is absent abroad for a continuous period of six months. The only exceptions are for those who (a) are studying abroad, (b) are receiving necessary treatment abroad, or (c) are required by virtue of their work to be abroad, provided permission in all three cases is obtained before leaving India.

For a student studying overseas, application for permission is made to the immigration office in the applicant’s residential area. An official letter from the child’s college stating that he or she is studying there, authenticated by the Indian's embassy in the foreign country and attested by the Ministry of Foreign Affairs in India is required. A typist outside the immigration office will type a letter of application in Arabic, which must state the reasons for the application. Other documents needed include copies of passport and civil ID plus four passport sized photographs. The permission is given in the form of a letter.

The permission must be shown to the immigration officer both on departure from India and on return. The permission is valid for the remainder of the holder’s residence and can be used for several entries and exits. It does not need to be renewed until residence is renewed.

PART-TIME JOBS
To take up a part-time job, a government employee must get permission from his employer, i.e. ministry or other public body. Expatriates wortking in the private sector must get permission from the Ministry of Social Affairs & Labour.

CIVIL ID CARDS
Once an expatriate has obtained his residence then he must obtain a civil identity (ID) card (bitaqa-almadiniyah or bitaqa for short), no matter what type of residence he is on. Civil ID cards are issued by PACI, the Public Authority for Civil Information. After his first card has been issued, the holder’s civil ID number remains the same even if he changes his sponsor or leaves and comes back several years later on a different residence visa.

The civil ID card shows the holder’s civil number, full name, date of birth (which is also included in the algorithm for the ID number), local address, blood group, sponsor’s name, type of visa, etc, and date of expiry of the card. When ever the card expires or an expatriate changes sponsor, renews his residence or changes his address, his civil ID card must be amended accordingly.

Photographs
Whether applying for the first time or replacing a civil ID card, four photographs, showing the face without spectacles, are always required for those over 11 years of age. Photographs are not needed for elderly Indian's females.

Registration Procedures

To register for a civil ID for the first time, the documents required are:

• passport
• copy of passport pages showing personal details and residence stamp
• security clearance (fingerprint) form (those over 16 years)
• original birth certificate (if born in India)
• blood group certificate (those over 5 years)
• proof of house address (e.g., rental agreement and rent receipts)
• declaration signed by sponsor
  

For a first time domestic servant’s civil ID all the above documents, except the first, are needed. For the first civil ID of a baby born in India, just a copy of the baby’s birth certificate, and a copy of the sponsor’s passport (showing personal details, residence stamp and the addition of the baby) or the baby’s own passport (showing personal details and residence stamp), are required.

To have an amended card issued following a change of address, the current card plus proof of the new address (e.g., rental agreement) must be submitted. To replace a lost card, a photocopy of the lost card and the expatriate’s passport is required.

First time applicants for a domestic servant’s civil ID, and applicants for the first civil ID of a baby born in India, can buy the application form and special envelopes from “Express-Envelope” machines located in Coop supermarkets (250fils), follow the instructions and submit their applications in these special machines.

PACI LOCATION
The Public Authority for Civil Information (PACI) is located at South Surra, Ministries Complex off the Sixth Ring Road, opposite the building of the Ministry of Water and Electricity (MEW).

Charges, Time Limits & Penalties
The charge for a civil ID card is KD2 when it is first issued and each time it is renewed. The charge is paid when the card is collected. There is a fee of KD10 to replace a lost card.

An expatriate must apply for a civil ID card within 30 days of getting his residency, and must renew his card within 30 days of renewing his residency. For an expatriate child born in India, the time limit for first registration is 60 days from the date of birth. In all cases the penalty for late applications is a flat fine of KD100 irrespective of the length of the delay, though in practice PACI only levy a one-off fine of KD20.

Collection of Civil ID Card
It takes about 10 days for a first time civil ID card to be processed. Expatriates can ascertain the status of cards under process through PACI’s computerised telephone answering system by calling 889988 (1for replies in Arabic and 2 for replies in English) and keying in their civil ID number (for renewals) or the serial number on the outside of the envelope in which the application was submitted.

The civil ID card can only be picked up in person at the PACI offices in South Surra from an electronic dispensing machine. The actual machine to be used is ascertained by dialling the above telephone numbers. Two dinars plus the old civil ID card (if held) must be fed into the machine to obtain the new card.

PACI Introduces ‘Smart System’ for renewal of ID-Cards
The Public Authority for Civil Information (PACI)introduced the electronic renewal system for ID-cards in June 2004 which eleminates all the paper work. All you have to do is call 889988 and enter your civil ID number and your card will be renewed automatically within 24 hours.

This service is available between 14:00 and 22:00 hours. The service does not cover: change of address, change of photos, lost or damaged IDs and the first time registration.

LABOUR LAWS
There are three main legal codes governing labour conditions in India. The employment conditions of civil servants are regulated by the Labour Law for Government Employees. Those who work in the oil industry are protected by the Labour Law of the Oil Sector. And the Labour Law of the Private Sector governs employment condittions in private businesses. Persons in domestic service, such as maids and chauffeurs, however are not covered by any particular code and must rely for protection on general principles of law.

PRIVATE SECTOR LABOUR LAW
Labour regulations in the private sector are enforced by the Ministry of Social Affairs & Labour (MSA&L). The points discussed below are neither complete nor authoritative.

As well as domestic servants, persons on temporary contracts of less than six months are excluded from the scope of the private sector labour law. Where an employer’s head office is outside India, the labour law of the country where the employer has its head office, governs expatriates working in India, unless the employer has a branch in India which concluded the contract with the employee in which case Indian's law applies.

HINTS FOR EXPATS

• Keep photocopies of all documents so that they will be easier to replace if lost.
• The work permit (idah amal), which is issued to process a residency application, also needs to be shown at various government offices for differing purposes, such as the traffic department when applying for a driving licence. Only two copies are issued. One is given to the Immigration Department when obtaining residency and one is kept by the sponsoring company. If the latter is lost, the Labour Department will not issue another copy. Therefore always make sure that a photocopy is obtained and guard it carefully.

Contract of Employment
An employee’s terms of service are contained in his employment contract, which may be for a fixed time or it may be indefinite. A fixed time may not exceed five years.

The labour law specifies minimum limits below which terms of service may not fall, and if a clause in his contract gives an employee a lesser benefit than his right under the law, he is entitled to the minimum specified by law for that particular term.

An employment contract may be verbal or in writing. In either case, it must show at least (a) the remuneration payable, (b) a description of the nature of the job, (c) the date of appointment, and (d) its duration (if fixed). Where a contract is verbal then, in the event of a dispute, either side can use circumsta-ntial evidence to prove what is in it.
If the contract is in writing, it must be in Arabic. A translation into another language may be attached but the Arabic version is authoritative.

An employee may be hired on probation for a 100 days at most. During this time he may be terminated without notice, though accrued indemnity but not holiday pay must be paid. An employee may not be put on probation more than once by the same employer.

Remuneration & Deductions
Remuneration includes basic pay, incentives, commissions, obligatory bonuses, gratuities from third parties and allowances from which the employee benefits (such as housing allowance), but excludes allowances on account of expenses and profit shares. Payment of a bonus is obligatory if it is stipulated in the contract of employment or in the by-laws of the firm or it has been paid in the same amount regularly every year.

An employee’s total remuneration must be used when calculating terminal indemnity or compensation on account of injury. Where an employee is paid on a time basis the last salary payable is used, but if he is paid on a piece-work basis then the average wage paid to him for his actual work during the previous three months is used.

There is no minimum wage. Salaried employees must be paid at least once a month. Piece-workers and those on hourly or weekly wages must be paid every two weeks.

Persons working for a subcontractor, who has failed to pay their salaries, may demand payment from their employer’s superior contractor to the extent that the latter owes their employer money for work done. When an employer goes bankrupt, the outstanding salaries and termination benefits of his employees must be paid before his other creditors.

An employee may not be obliged to buy products made by his employer. If he owes his employer money then not more than 10% of his salary may be deducted to pay off his debt and he may not be charged interest. Where an employee’s salary is attached on account of debts to third parties, the deduction is limited to 25% of his salary.

Working Hours
The working hours of an adult are limited to 8 hours a day and 48 hours a week. A rest break of at least one hour must be allowed after 5 consecutive hours of work. Rest periods are not included in the calculation of working hours. These standard hours may be increased or decreased by the MSA&L in certain cases, such as hotel workers.

Holidays
An employee is entitled to one full day off without pay a week. The traditional day off is Friday, but this is not a legal requirement in India.

An employee has a right to eight public holidays a year with full pay as follows: one day on Hijri New Year’s Day, one day on Ascension Day, two days each for Eid Al-Fitr and Eid Al-Adha, one day for the Prophet Mohamed’s Birthday, and one day for National Day. Liberation Day is not yet a statutory holiday in the private sector.

An employee is entitled to 14 days leave a year on full pay, provided he has completed one year of service, and 21 days after more than 5 years of continuous service. Official holidays and days of sick leave may not be counted as part of annual leave. The employer has the right to fix the date of leave. An employee must be given his holiday pay before he goes on leave and the last salary payable before the holidays must be used to calculate the amount due. If an employee’s services are tertminated then he is entitled to a cash payment in lieu of accumulated leave, irrespective of the number of years of leave due, and payment for the accumulated leave must be calculated on the basis of the last salary payable on the date of termination.

Sick Leave
Subject to a satisfactory medical report, an employee is entitled to sick leave for (a) the first six days of illness on full pay, (b) the next six days on 3/4 Pay, (c) the next six days on 1/2 Pay, (d) the next six days on 1/4 Pay, and (e) the next six days without Pay. This entitlement is the total entitlement in one year and not per period of sickness.

Overtime
An employee may be required to work overtime provided it is necessary and the employer’s order is in writing. Overtime rates are (a) 1.25 times the basic hourly rate for excess hours worked on ordinary days, (b) 1.50 times the basic hourly rate for all hours worked on the weekly day off, and (c) twice the basic hourly rate for all hours worked on public holidays.

Overtime may only be worked on 90 days in a year and is limited to 2 hours a day, 6 hours a week, and 180 hours a year. An employee has the right to refuse to work overtime.

Female Employees
A woman performing the same work as a man must be paid equal remuneration. The standard working hours for women are the same as for men.

But women may not work at night (8pm to 7am) except in clinics, pharmacies, hotels, nursery schools, homes for the handicapped, airline and tourist offices, theatres and Entertainment City. They may work up to midnight in cooperative societies and public utilities, restaurants, beauty salons, tailoring shops, banks and offices. Night time working hours may be extended by the MSA&L during Ramadan, and on Eids and public holidays. Employers are obliged to arrange transport for women working at night.

Maternity Leave
A woman is entitled to maternity leave to a maximum of 30 days prior to delivery and 40 days after delivery on full pay. Thereafter she may be absent from work without pay for up to 100 consecutive or non-consecutive days, provided she presents a medical certificate stating that she is ill as a result of gestation and parturition. The annual leave entitlements of a woman who makes use of her maternity leave privileges in any year are forfeit on a day-per-day basis until her annual leave entitlement for that year is extinguished.

Termination Benefits
When the employment is terminated, an employee is entitled to a lump sum payment called termination indemnity.
For those paid monthly, termination indemnity is 15 days remuneration for each complete year of service for the first 5 years and 30 days for each complete year beyond 5 years, but the total indemnity is limited to one and a half year’s remuneration. For piece-rate workers and those paid on an hourly, daily or weekly basis, the indemnity is 10 days remuneration for each complete year of service for the first 5 years, and 15 days tpay for each complete year beyond 5 years, subject to a limit of one year’s remuneration. In both cases part years are calculated pro-rata.

Pay per day is calculated by dividing the monthly salary in the final year of employment by 26. The monthly salary used to calculate daily pay must include the elements mentioned under ‘remuneration’ above.

An employee who resigns with less than five years service is not entitled to indemnity. One who resigns with five years or more of service is entitled to 50% indemnity. But employees who are made redundant (irrespective of length of service), who reach retirement age, who are disabled at work, or who die are entitled to full indemnity. And a woman who marries while she is an employee and who resigns within six months of marriage is entitled to full indemnity.

Disciplinary Notices & Penalties
All employee related regulations must be issued as circulars or bulletins written in Arabic.
Miscreant employees may be penalised provided the employer issues regulations specifying the acts that are punishable. Penalties must be progressive and are limited as follows:

ü only one punishment may be inflicted for each act of misbehaviour.
ü a penalty cannot be imposed for an act committed outside the work place unless it was related to work.
ü a pay deduction cannot exceed 5 days pay a month.
ü a suspension from duty cannot exceed 10 days a month.
ü a penalty cannot be imposed for any act once 15 days have elapsed since the act was proved or since the usual date for the payment of wages.

Termination
Where an employment contract is for a fixed period, it terminates automatically at the end of the period, but if both parties then continue to implement it, it is deemed to be renewed indefinitely under the same terms and conditions. If either party terminates the contract before the end of the fixed period (and there is no clause in the contract to cover this) then the party terminating the contract must compensate the other. Where termination is made by the employer, compensation is limited to the wage the employee would have earned from the day of termination to the expiry of his contract. Where it is the employee who quits, compensation is limited to the employer’s actual loss.

Where an employment contract is for an unlimited period, either party may terminate it by notifying the other in writing at least 15 days prior to termination (where the employee is paid monthly) or 7 days before termination (where the employee is paid more frequently). Either party may pay the other 15 or 7 days salary, as appropriate, in lieu of notice.

An employer has the right to terminate an employee without notice, and without paying indemnity and compensation, if the employee:

• commits a wrongful act resulting in serious loss to the employer,
• repeatedly disobeys the instructions of the employer,
• disobeys the employer’s instructions concerning safety at work on a single occasion,
• has been absent from work for more than seven consecutive days without due cause,
• has been convicted of a crime affecting honour, honesty or morality,
• commits an act against public morality in the work place,
• assaults a fellow employee, the employer or his agent at work or on account of work,
• fails to carry out his obligations under the terms of his contract or the labour law,
• has used fraud to obtain work, or
• reveals any secrets relating to his employment.
  
  An employee has the right to quit without notice before the expiry of his contract, and to collect his indemnity and not pay compensation, if:
• his employer fails to abide by the provisions of his contract or the labour law,
• the employee has been assaulted by the employer or his agent, or
• to continue in work would endanger his health.
  An employee’s contract is terminated if he dies. It may be terminated if he fails (without fault) to perform his work or he exhausts his entitlement to sick leave. In all these cases his indemnity must be paid.
  

An employee’s contract is automati-cally terminated if his firm goes into liquidation or merges with another, or there is a lockout, or the firm is sold or inherited, and in all cases the employee is entitled to his termination indemnity. Where the firm is sold or inherited, the new owner must settle the indemnity, though the employee may continue in service with the new owner while reserving his right to indemnity for his previous service.

Health & Safety
Employers are obliged to take precautions to protect their employees against physical hazards and occupational diseases at work. They are also required to ensure that places of work are clean, well ventilated, adequately lit and in sanitary condition. Employers must supply first aid kits containing medicines, antiseptics and bandages, and place them visibly within reach of employees. Detailed standards in these matters are contained in resolutions issued by the MSA&L in consultation with the Ministry of Public Health.

Employees who work in areas not serviced by public transport must be provided with suitable transport. If they work in localities far from populated areas, the employer must provide suitable accommodation, potable water and the means to obtain supplies.

Accidents
If an employee is injured at work, the employer must report the matter to the local police station and the MSA&L. The injured employee has the right to treatment, at the employer’s expense, in any government hospital or private clinic as the employer deems suitable. A doctor’s report, stating the period of treatment required, any disability arising from the accident and the employee’s fitness to continue in work, must be obtained.

During treatment, an injured employee is entitled to full pay for the first six months and, thereafter, half pay until he dies, or recovers, or is proved to be permanently disabled.

Compensation
An employee has the right to compensation for work-related injuries without having to prove that the employer was at fault, provided he did not injure himself intentionally or was not guilty of gross malpractice (such as expressly contravening safety regulations). But where his injuries have made him more than 25% disabled or he has died of them, he (or his family) will be entitled to compensation even if he was guilty of gross malpractice.

Compensation varies with the severity of the injury. Where death has occurred, it is the greater of (a) 1500 days pay or (b) the legal blood money (currently KD10,000). For total permanent disability, it is the greater of (a) 2000 days pay or (b) one and one-third times the legal blood money. For partial permane-nt disability, compensation is calculated as a percentage of what would be due for total permanent disability.

TRADE UNIONS & DISPUTE RESOLUTION
The formation and activities of trades unions are strictly controlled. Only one union may be established for workers of any firm or profession and a person may not join more than one union. To join a union, a person must:

(a) be at least 18 years of age and
(b) have a certificate of good conduct from a competent authority.
An expatriate must also
(c) have a valid work permit and
(d) have been in India for 5 consecutive years.

The right to vote in the general assembly of a union or to be elected to its executive board is restricted to Indian's. Expatriate members only have the right to delegate one of themselves as their representative to express their views before the executive board.

Collective Labour Disputes
If a dispute arises between an employer and all or some of his employees regarding terms of work, the following procedures are mandatory:

• Direct negotiation must take place between the employer and the employees. If an agreement is reached, it must be registered with the MSA&L within seven days.
• If no agreement is reached then the parties should request the MSA&L to intervene.
• If the MSA&L fails to settle the dispute within 15 days, it must refer the matter to the Labour Disputes Arbitration Committee in the courts. The employer (or his representatives) and representatives of the employees may appear before this committee to a limit of three representatives each. The committee’s decision is final and binding.
  

Individual Labour Disputes
The private sector labour law also lays down specific procedures which must be followed by individuals pursuing claims against their employers:

The dispute must be submitted to the MSA&L before a law suit is started. The Ministry must call the two parties together and try to settle the matter amicably. If no settlement is reached then, within two weeks of being asked by the employee, the MSA&L must refer the dispute to the Labour Court, along with a summary of the matter, the evidence of the parties, and the Ministry’s own comments. Within three days the court must fix a date for a hearing, and notify both parties. The case is heard in a summary manner.

The time limit for filing cases is one year after employment is terminated. Labour cases are exempt from the usual court fees but if the employee loses then the court may order him to pay a nominal amount on account of costs.

DISPUTES & CIVIL RIGHTS
Expatriates who are finding it difficult to get their legal rights in a work-related or other dispute may find the following organisations helpful:
Labour Departments at the Ministry of Social Affairs & Labour

The MSA&L has five Labour Departments, one in each governorate. Labour disputes should be referred to one of these departments, along with documents to substantiate a claim. The Department will give advice on the merits of a case.

HINTS FOR EXPATS

• Ensure that an employment contract is in writing.
• Check that the salary shown in the work permit reflects the salary shown in the employment contract as in the event of a dispute, the MS&L may rely on the work permit.
• Check that total remuneration is shown in the employment contract.
• Keep records of salary and other payments.
• Note that the time limit for filing cases in the Labour Court is one-year from the date employment is terminated.
• It is illegal for a foreigner to work in India except on a work visa and for their own sponsor. Part-time work requires special permission
• An employer cannot cancel an employee’s residence unless all dues and indemnities have been paid in full.
• An employer cannot give notice of termination during an employee’s sickness or injury.
• In case of dispute, always seek legal advice.

India Trade Union Federation
The federation has a special interest in preventing the abuse of expatriate labourers. It provides legal advice to labourers free of charge and also helps them to take action against their employers.

Human Rights Committee (HRC) at the National Assembly
Complaints on any matter, whether related to employment or other issues, can be sent to the HRC by letter or by fax, or can be discussed on the telephone or by visiting the National Assembly building in person. Persons who are refused entry to the National Assembly building should call the Committee directly. The HRC are particularly interested in expatriates who are having difficulty in obtaining their passports from their employers, and such persons are asked to fax a signed letter in Arabic stating the facts of their case, their civil ID and passport numbers, country of origin, and the name of their employer to the Committee who will treat the matter in strict confidence.