WORKING IN DUBAI
WORKING IN DUBAI

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NOVEMBER 2006 (Out of the Connector - your monthly guide to the UAE) ~ Mark Atkinson provides an insight into the Dubai business environment for anyone thinking of working in the city, either as a company employee or business owner.

A CHANGING BUSINESS ENVIRONMENT

Since the formation of the UAE in 1971, you would be hard pushed to find any other city in the world that has developed its infrastructure and business environment as rapidly and successfully as Dubai.

Aerial photographs in the early 70's show a largely barren desert landscape peppered with modest buildings and virtually no infrastructure in terms of road systems and utilities.

Going back only five to ten years, the Dubai business environment was in many respects inflexible and bureaucratic.  All foreign business required a 51% ownership stake with a 'local service agent' (local sponsor), and wading through red tape in order to obtain the necessary permissions to conduct business was both time consuming and labour intensive.  A 'single agency law' stipulated that international brands could only be represented by an 'exclusive agent', creating a number of 'brand' monopolies, often controlled by powerful local families.

In contrast, today's Dubai is a leading business centre with a highly sophisticated infrastructure that has as much to offer as any western city.

Over the past few years a number of free trade zones have been established.  Foreign companies that set up in these free zones are entitled to many benefits, including 100% foreign ownership and 100% repatriation of earnings, and range from multinational corporations to freelancers.

Each free zone is generally dedicated to a particular industry.  Just a few of the many free zones include the
Dubai International Financial Centre (DIFC) , which plays host to organisations such as investment banks, asset management and insurance companies, Dubai Internet City (DIC) for companies in ICT-related industries and Dubai Media City (DMC) for media, marketing and PR-related firms.  In addition there are a number of other free zones in industries such as healthcare, education, distribution and more generic areas of industry, not just in Dubai, but across all of the Emirates.

With the absence of both corporation and income tax and Dubai's tolerance towards the western lifestyle, these free zones have been a major incentive for leading multinationals to set up their regional Middle East headquarters in Dubai.  Based in
DIC are companies such as Microsoft , IBM and Cisco , while DMC accommodates AFP , the BBC and CNN amongst other.

The UAE's drive to take its place on the global stage has also meant complying with
World Trade Organisation (WTO) rules of open competition.  So too has Dubai's competitive environment become increasingly dynamic as a result of the multitude of local and foreign businesses that continue to open operations in the city.

THE ECONOMY

The above initiatives have also played a major part in Dubai's vision to diversify from an oil based economy.  Today, while crude oil and gas make up around 30% of the UAE's total GDP, Dubai's figure is nearer to 7%.  Tourism is now a fast growing industry in the city, with hotels and ambitious tourist developments emerging at a furious rate.

The incentives provided to foreign companies over the past few years have also made Dubai a highly desirable place to do business and have accelerated the city's diversification drive.  These factors and Dubai's excellent central location for trade and re-export to the Indian subcontinent, Middle East and Far East mean that Dubai's economy continues to grow from strength to strength, and foreign talent continues to pour in to take advantage of the massive opportunities here.

COST OF LIVING

One of the downsides to Dubai's meteoric growth is the cost of living.  According to the Mercer Human Resource Cost of Living Survey, Dubai ranks as the 25th most expensive city in the world - a jump from 73rd place in 2005.  Main contributory factors include a 15% rise in inflation and a 60% hike in housing rents since last year.  While it is felt that this rate of escalation cannot continue, it is thought that prices will still continue to climb significantly into the future.

At present, with an increasing number of expatriates coming to live and work in Dubai, the supply and demand balance sits firmly in the lap of the property landlord.  Tenants are also often expected to pay a single cheque lump sum for the year's rent, although this may sometimes be divided into two or three 'post-dated' cheques.  This, plus a deposit and commission, can mount up to a considerable outlay before even receiving your first salary cheque.

Alternatively, expatriates now have the option to buy property leasehold or freehold in Dubai.  For those who receive a housing allowance as part of their package and do not wish to see it swallowed up in rent, this initiative has been incredibly popular.

These developments are generally on designated housing estates, most of which are located in what is commonly termed as New Dubai, an extension to the original city stretching towards Abu Dhabi.  As a result, Dubai has expanded to around twice the size it was ten years ago.

SALARIES

While the cost of living is rising, salary packages are decreasing over time.  Whereas in the past expatriate packages included benefits such as housing, a car and an education allowance for children, it is now more common to have an all-in sum designed to cover everything, which is considerably lower than one might have expected in the past.  Dubai is increasingly considered a desirable place to live and work in terms of both lifestyle and business opportunities.  With the number of expatriates pouring into the city, the salary equation is simply one of supply and demand.  This issue is particularly relevant to those employed by local companies.  Employees of multinational organisations can still expect to receive salary 'packages'.

Like so many other oil-based economies (with 10% of the world's oil reserves, Abu Dhabi is the world's third largest oil producer), the UAE currency, the dirham's rate of exchange is dependant on the dollar's strength.  Currently, for example, with the dollar being so weak against both the sterling pound and the euro, you stand to lose significantly by changing dirhams into pounds or euros, whereas exchanges the other way round will be strongly in your favour.  This is certainly something to consider when you are paid in dirhams and changing money into the currency of your homeland, as it could have a major effect on the value of your salary in real terms.

REGULATIONS
With such a large and growing expatriate population, there are strict regulations to living and working as a foreigner in Dubai.  All expatriates or those visiting for business purposes require a residence or visit visa, which fall into the following categories:

Employment visa - necessary for all expatriates who wish to work or operate a business in Dubai.  Those who work for a company do so under the firm's employment visa and are effectively 'sponsored' by the company.  As a sponsor, employers are responsible for both the welfare of their workers and in the case of an employee absconding or violating the law.

Residence visa - spouses and children who are not working are typically 'sponsored' on a residence visa by the member of the household in employment, entitling them to reside in the country but not to work.  In the majority of cases, the 'sponsoring' member of the family will be the man, as there are very few professions where the woman can sponsor her husband.  Both partners can be in full time employment and sponsored by their respective companies however.

Visit visa - those who wish to visit Dubai, perhaps for a vacation or to have a look at the job market, can do so through a visit visa, which is valid for 60 days with an additional 30-day 'grace' period.  Certain countries, listed below, do not need to apply in advance and can obtain a visit visa automatically on arrival:

Andorra, Denmark, Ireland, Monaco, Singapore, USA, Australia, Finland, Italy, Netherlands, South Korea, Vatican, Austria, France, Japan, New Zealand, Spain, Belgium, Germany, Liechtenstein, Norway, Sweden, Brunei, Hong Kong, Luxembourgh, Portugal, Switzerland, Canada, Iceland, Malaysia, San Marino, UK (Source:  Dubai Zappy Explorer)

Transit visa - for business visitors, allowing a 14-day non-renewable stay in the country.  Not required for exemtp nationalities (above).

Tourist visa - for holidaymakers and valid for a maximum of 30 days, a tourist visa would normally be organised by your hotel.  Again, not required for exempt nationalities.
LABOUR MOBILITY
Once you are on a company visa, the labour law, which sways in the favour of the employer, is restricting with regard to moving between jobs.  In most cases, transferring an employment visa from one job to another is difficult to do without incurring an employment ban from the Dubai Labour Department, which can be either six months or one year.  Employers themselves range from those who treat their employees fairly to those who show little concern for their welfare.  It is not unusual, for example, for salaries to fall several months in arrears through no fault of the employee, where a company may claim to have a cash flow problem for instance.  Yet is may take two years or more to claim your dues through the courts, if you succeed in claiming them at all.

Employees are not allowed to work for anyone but their 'sponsor' company.  The restrictions on labour mobility often mean that employees are to some extent trapped by their employer, especially when salary arrears are thrown into the equation.

Employment visa transfers are generally only possible in the first place with a 'no objection letter' from your current employer.  Where an employee has not been able to secure such a letter, an automatic employment ban, as stated above, is incurred.  Such conditions are generally waived in cases of breach of contract on the part of the employer, such as non-payment of salaries.  In less obvious cases of breach of contract however the labour law can be open to much interpretation. 
NATIONALISATION

While the large majority of public sector jobs are taken by UAE nationals, only about 2% of the private sector employs Emiratis (only 20% of the UAE population is indigenous, with 80% expatriate).  As a result there has been a government drive over the past few years, known as 'Emiratisation' or 'Nationalisation', to integrate UAE Nationals into the private sector.  This also is placing further restrictions on expatriate labour mobility.

Nationalisation has taken two forms.  Industries were initially targeted, such as the banking and insurance sector, with the government giving quotas to companies in terms of target percentage increases of UAE nationals in the workforce.  More recently there has been a drive to completely nationalise certain job functions.  In June 2006 it was announced that all HR manager and all secretarial roles would be nationalised within 18 months.

TO CONCLUDE
For those in a position to jump on the economic bandwagon, Dubai presents a world of luxury and opportunity.  For others, including the massive amounts of cheap labour imported from developing countries, it means a punishing schedule building a world that they will never have the opportunity to enjoy.

It is often said that growth on the level that Dubai has experienced is unsustainable, that what goes up to such dizzy heights must come down with a crash,  that Dubai's success story is a bubble waiting to burst and it is only a matter of time.  With the phenomenal change that has taken place within the business environment over the past few years, there is no reason why reform in some of the more restrictive aspects of the labour law should not follow.  Whatever the case, bar an unforeseen circumstance, Dubai's bubble of success is likely to remain intact for some years to come.
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