The employer in the private sector not having deducted the subscriptions of all or some of the workers thereof, or not having paid the subscriptions based on the real salaries, shall be enjoined to pay an additional sum amounting to 10 % of the value of the due subscriptions and such without any prior warning or notification.
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The employer shall undertake the delivery of his share as well as the share of the insured in the due subscriptions to the Committee. In the event of a delay in the payment thereof, an additional sum amounting to 0.1 % of the due subscriptions shall be imposed thereon for every day of delay, and such without a need for a warning or notification.
The cases and conditions of exemption from such additional sum shall be determined by virtue of a decision issued by the Board of Directors.
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Subscriptions shall be payable as of the first day of the month that follows the month for which such subscriptions are due. Such delay may be extended till the fifteenth of the said month.
Such subscriptions shall not be returnable.
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The employer in the private sector must register the workers therefor, subject to the provisions of the present Law, before the Committee and such within one month at most from the date of their entry into service. The employer must provide the Committee with a statement of the names of the workers therefor whose service is terminated within one month at most from the date of the termination of such service.
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1 - The employer in the private sector must submit to the Committee in January of every year all data regarding the salaries of the workers therefor for the said month as well as their monthly contributions. Furthermore, he must provide the Committee on a monthly basis with any changes occurring with regards to the number of workers therefor or their salaries, and such on forms set by the Committee. Such data must be in conformity with the books and records held by the employer in accordance with the Labor Law.
2 - Should the employer not submit the data set forth in the preceding paragraph within the determined terms, conditions and dates, the payable contributions shall be calculated based on the last statement submitted to the Committee and such until the calculation of the effectively payable contributions.
3 - Should the data not be submitted, should they not be in line with the actual situation, or should there not be any records and documents that must be kept by the employer in accordance with the provisions of the present Law, the calculation of the due contributions shall be made by virtue of a decision issued by the Committee in accordance with the outcomes of the investigations thereof.
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a - contributions paid by the employer in the private sector and contributions deducted from the salaries of the insured working therefor shall be calculated within a Gregorian year on the basis of the salaries paid thereto on January of every year.
b - The contributions of workers undertaking services in the private sector after January shall be calculated based on the salary of the month during which they have undertook the service, and such until the following January, after which they are treated based on the provisions of the preceding paragraph. contributions shall be calculated in full for the month in which the service starts, and shall not be due for the part of month in which the service is terminated.
c - contributions paid by the employer in the Governmental Sector, and contributions deducted from the salaries of the insured shall be calculated based on the monthly salary.
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contributions shall be due for the following periods and such in accordance with the rules and provisions set for each thereof:
1 - Periods of external secondment without pay, or periods of special leaves: the insured shall bear his share in the contributions as well as the shares of the employer, and shall pay them to the Committee all at once within a year from the date of the termination of the secondment or the leave. He may pay them in installments for a period equal to the leave or secondment period with the agreement of the Director General of the Committee.
2 - Special leaves for accompanying the spouse:
a - Should the special leave be for accompanying a Diplomat, the Governmental Sector shall bear the share thereof as well as the share of the insured.
b - Should the special leave be for accompanying the delegate in a study leave, the Governmental Sector shall bear the share thereof as well as the share of the insured.
c - Should the special leave be for accompanying the insured in the private sector, the insured shall bear his share as well as the share of the employer. The insured shall pay the due sums all at once to the Committee within one year from the date of the termination of the leave. He may pay them in installments for a period equal to the leave period.
3 - Periods of study leaves without pay: The employer in the Governmental Sector shall pay his share in the contributions to be paid periodically. The insured shall pay his share and pay it as referred to in Clause (1). As for the private sector, the insured shall bear both shares in this context.
4 - Internal secondment periods: The party to whom the employee is seconded shall bear the share of the employer in the contribution, should it bear the pay of the employer, while the insured shall pay his share to the Committee in a periodical manner based on the salary of the insured at the seconding party.
5 - Periods of sick leaves: the insured shall pay his share based on the actual salary paid thereto, whereas the employer pays his share based on the entire salary, regardless of whether the leave was with or without pay.
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Should a person acquire during his service at the entities subject to the provisions hereof the nationality of the State, he may include the period of service preceding his acquirement of the nationality to the pension or benefit account, provided that he bears his share as well as the share of the employer for such period with regards to subscriptions referred to in Article 2 hereof, and for the salary of subscription calculation at the date of the request of inclusion.
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The previous service duration shall be included with regards to the national workers who are still in service before the local government authorities which are required to be subjected to the provisions hereof by the government of the pertinent Emirate in the subscription period in this insurance from the date of appointment and until the date of benefit from the provisions thereof , provided that such authorities bear the payment of the total share of subscriptions referred to in Article 2 hereof related to the employer , as well as the share of the insured , and such based on the salary of subscription calculation at the date of the benefit from the provisions hereof . The method of payment shall be regulated by virtue of a decision issued by the Minister.
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Partner - Basmat Wafa
Partner - ESaad
Partner - Fazaa