The Ultimate BAN Guide

10/13/2009 The Ultimate BAN Guide
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The Ultimate BAN Guide
Post re ply
dbxsoul
The Ultimate BAN Guide
Due to the number of queries/ enquiries that “the Forum” receives regarding bans and banning I
thought it may be worthwhile combining all the information into one single reference document. I
have drawn on several sources for the information, and have listed these as separate references
at the bottom of the posting. As with most things if you feel the information here is not accurate you
are free to check for yourself. If you have any comments let me have them and I’ll make changes
accordingly.
As with most things relating to the “Labour Law” there are grey areas, where these exist I have
indicated them and given the consensus view.
Background and Definitions :
Bans are imposed on expatriate employees when they want to move from one employer to another
within the UAE. Bans do not affect UAE Nationals or expatriates moving to a government position;
a 1 year (not 6 month) ban is however enforced on expatriates leaving government positions. The
ban also excludes employees of oil companies.
Definition : A “ban” can be defined in the context of UAE Labour/ Residency as a temporary or
permanent restriction placed on either working or residing under sponsorship in the UAE (or any
of the Emirates).
Definition : The United Arab Emirates (UAE) the UAE is a federation of states (Emirates) bound
and governed by a number of Federal Laws. Each Emirate is free to make minor changes to the
Federal Law in order to govern in accordance with the needs and requirements of that particular
Emirate. In the absence of a local guideline Federal Law takes precedence.
Definition : Free Trade Zone (Free Zone or FZ). Federal Law only applies to regions of the UAE, in
the context of this document it does not apply to Free Trade Zones that are geographically situated
within the UAE as they are not by definition legally part of the UAE and are responsible for their own
administrative procedures. In the context of the Labour Law, the Free Zones have drafted their own
“Law” or produces of governance that are very loosely based on the UAE Federal Labour Laws;
more on this further on.
Why banning ?
Pretty much a rhetorical question; historically bans have been used in most of the Gulf Region as
a way of stifling competition. You don’t want (expatriate) employees moving to your competitors
and taking valuable information with you, so you have a legal mechanism in place that firstly deters
employees from job-hopping and secondly removes them “from play” for a defined period if they
do decide to move. There is another view that the ban is a way of recruiting fresh talent to the
country.
History : A few years ago (up till August 2005) there were two separate bans imposed on
expatriates leaving their employer, one by the Department of Naturalisation and Immigration and
one by the Department of Labour; both were for periods of 6 months and ran concurrently (more or
less as they are based on the date of cancellation of either the labour card or residency visa).
There were also a number of legitimate ways to circumvent these bans, most were by paying a
“fine” to the government to remove or lift the ban.
Current situation : The 6 month residency ban has fallen away, thereby allowing employees return
to the country immediately on a visit visa. Employees still have to leave the country within 30 days
of their residency being cancelled by their previous employer or else face fines.
The residency issue does not affect people who own their own properties in the UAE and are
sponsored for residency by the property developer.
There is a 6 month (180 day) mandatory labour ban placed on employees when leaving their jobs.
This is measured from the date that the employee’s labour card is cancelled at the Department of
Labour. This is an administrative ban, meaning that a block is inserted into their computer system
preventing an application for labour approval being processed against your name/ passport
number. Currently bans cannot be lifted by paying a fine.
dubaiforums.com/…/the-ultimate-ban-g… 1/24
As mentioned above the ban is mandatory under law, this means it is implemented automatically
unless the Department of Labour is instructed otherwise.
For most people the ban becomes an issue when they are looking to move to a new employer, for
obvious reasons most employers will not be prepared to wait for 6 months while your ban period
runs its course. If your labour card is cancelled you are banned, the only way to circumvent this is
by transferring sponsorship (to a new employer).
The Facts :
You will be banned if :
* You are employed on a “fixed term” or “limited” contract and break it prematurely
* If you employed on an “unlimited” contract and leave it without providing 30 days notice
* You are dismissed from your employer under any term of Article 120 of the UAE Labour Law
(normally serious offences which can carry prison time as well)
* You leave your employer without having completed a minimum of 1 years service
* You do not have a No Objection Certificate from your old employer
* You have a “restraint” clause specifically included in your official contract stating that you may not
work for a competitor for a reasonable period of time. It is not a standard inclusion in a labour
contract!
* You do not have a valid residence stamp in your passport
* If you work for another employer at the same time as working for your legal sponsor
* You are not in possession of a valid labour card
* You cancel your labour card
* Any or a combination of the above
You can avoid being banned and transfer to a new sponsor if :
* You obtain a No Objection Certificate from your current employer
* You transfer to the same labour position (as you are currently registered) with the new employer
* You have a valid Residency stamp in your passport
* You have a valid Labour card
* You have worked out at least a minimum of 1 year of your contract
* You are employed under an “unlimited” contract
* All the above conditions must be met!
Exclusions :
* Where you are transferring from one branch of a company to another branch of the same
company, or branch owned by the same employer/ sponsor
* Where transfer of employment was affected through transfer of ownership of the company
* Where the registered company is financially liquidated or declared bankrupt by court order
* Where the sponsor of the company dies and his heirs don’t want to continue running the
business
* If you are employed on an Unlimited contract (normal duration is 3 years), and work out the full
duration of the contract as stipulated in the contract document. One month prior to the contract’s
expiry you may notify your employer of your intention not to re-new your contract. If the full period of
the contract is worked out you are not subject to the Ban.
* As above. UAE nationals, transfers to government departments and oil company employees
Free Zones :
As mentioned above FZ’s play according to a different set of rules. The major difference is that the
Free Zone authority acts as the Labour Sponsor for the employee and not the employing company.
The employer only provides sponsorship for residency; the FZ’s and the UAE government have an
arrangement whereby labour can work in a FZ, but be accommodated in the UAE (like a migrant
labourer).
This creates the following situation, if you are employed in a FZ and want to move to a new job
within the same FZ, you are in actual fact transferring between the same labour sponsors (the FZ
Authority) – and as per the Labour regulation trans fers between the same labour sponsor are not
subject to a ban.
You will note, that above I said “same” Free Zone. FZ’s are administered independently and have
different regulations governing them, as such they have different regulations and policies relating
to sponsorship of people coming into the FZ and people leaving the FZ (remember that leaving the
FZ could then require a NOC). When leaving, apply for work in a FZ or even transferring between
FZ’s its best to always confer with the FZ Authority concerned.
Notes :
* A No Objection Certificate (NOC) is simply a letter from the sponsor of your company instructing
the Labour Department not to ban you, and permitting you to transfer from his sponsorship to that
of another party (which must be named). It must be in Arabic (to be legal) and be signed and
sealed by the legal sponsor of the business. It is presented to the Labour Department by the
company PRO at the time of transfer of labour sponsorship; it cannot be taken in after the card has
been cancelled. If you have worked out the full period of your contract with your current employer
you don't require a NOC in order to transfer to a new contract.
* In a lot of instances the crux (of a transfer) is the NOC; obviously if you leave an employer on bad
terms or your leaving results in “ill feelings” you can forget about getting an NOC from him. Word of
advice, if you want an NOC smile, grin, nod your head a lot, grovel if need be – because without it
you are facing a 6 month, unpaid holiday.
* You are employed on a “fixed term” or “limited” contract and break it prematurely you will not only
incur the ban, but are also liable to pay your employer the equivalent of 6 weeks salary as
compensation.
* Circumventing the ban once does not mean that you can become a habitual “job-hopper” under
normal circumstances you will only be allowed to transfer sponsorship once or possibly twice
(without a ban) during your residency in the UAE. The higher your qualifications the more
indispensable you are.
* When transferring sponsorship your new employer takes over the responsibilities of your
previous sponsor (salary, contract obligations and repatriation).
* On transfer of the labour card your “dues” or gratuity (if you are entitled to one) is paid out to you
by your old employer; you start with your new employer having “a clean slate” meaning that you will
have to undergo a probation period, your leave dues and leave are not accumulated from the
previous employer and neither is your gratuity payment.
* Regarding transfers and Probation periods, remember you are starting with a clean slate – your
previous work or “in country” experience doesn’t count for anything; you can theoretically transfer to
a new employer and have your employment terminated during your probation period - you could
loose everything! And to top it off you can then also be banned without any recourse!
* On transfer of your labour card your attested qualifications will again be required by the
Department of Labour.
* On transfer of your labour card you are again required to undergo your medical examination.
* On transfer of your labour card your new employer is responsible for all visa, labour and medical
charges (not you) as per the UAE Labour Law.
* In some cases you may fee that being banned is unreasonable/ unfair or that there are
extenuating circumstances which caused you to want to move employers; in instances such as
these the only option is to visit the Labour Department, speak with one of the advisors and state
your case. Be logical, methodical and offer evidence, if they feel sympathetic to your case they can
issue an instruction to lift the ban; this can only be done though at a senior level so your case
needs to carry merit.
Permanent Bans :
Permanent immigration bans are imposed on persons who are deported from the country,
normally for immigration violations or convicted criminal activities. These persons may never again
set foot in the UAE (let alone work) and can be arrested if they try to. If you were to fall into this
category you probably wouldn’t want to return in any case.
References (amongst others) :
http://www.ammas.com/uploadedfiles/14757923530406_down_2.pdf
http://www.tamimi.com/downloads/publications/pu-020.pdf
http://www.norka.gov.in/labourlaw.htm
http://www.gulfnews.com/uaessentials/ask_the_law/index.html
http://uaeinteract.com/docs/Expatriates_still_need_NOC_to_change_jobs/17474.htm
http://www.dubaiforums.com/viewtopic.php?t=27805
Update:
Dubai Media City – one of the forum members has kindly shared the following information. As long
as an Application File is opened with DMC prior to your Labour card being cancelled and you have
a NOC from your current employer you can transfer across without the ban being effected. This
also assumes that the minimum of 1 year has been worked out.
Note: Each Freezone is different, the above conditions may not apply to all FZ’s!
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ahmeed80
Great Post mate....and very helpful.......thanks for the sharing
asha12
If i am employed in dubai and i am removed from my job by the employer within the probation
period of three months(for whatever reasons) then do i need a NOC to get another job ? ..... Please
advice. Thanks .. Also what are the chances of getting a job in dubai after being removed from a
company during the probation period
asha12
I have a clause in the agreement that if i want to leave my company within my contract period of 3
years then i have to pay a compensation of 1 months salary. In such a case am i entitled for a noc
from my company aftering paying the compensation leagally ?
ahmeed80
asha12 wrote:
If i am employed in dubai and i am removed from my job by the employer within the
probation period of three months(for whatever reasons) then do i need a NOC to get
another job ? ..... Please advice. Thanks .. Also what are the chances of getting a job in
dubai after being removed from a company during the probation period
i think NO...u will not face any ban and therefore u can switch to new job without any problem.
ahmeed80
asha12 wrote:
I have a clause in the agreement that if i want to leave my company within my contract
period of 3 years then i have to pay a compensation of 1 months salary. In such a case am
i entitled for a noc from my company aftering paying the compensation leagally ?
The NOC is totally depend on the company will.If they want they can issue it to you even without
paying a single buck....
dbxsoul
asha12 wrote:
another job ? ..... Please advice. Thanks .. Also what are the chances of getting a job in
dubai after being removed from a company during the probation period
Unfortunately, if your contract is terminated during your probation period the chances are almost
100% that you will be banned. You will not be able to meet the criteria necessary to avoid the ban.
Your only option is to visit the Department of Labour and ask them to remove the ban; however the
chances are very slim to non-existent on this happening.
dbxsoul
asha12 wrote:
I have a clause in the agreement that if i want to leave my company within my contract
period of 3 years then i have to pay a compensation of 1 months salary. In such a case am
i entitled for a noc from my company aftering paying the compensation leagally ?
No, as above you have not finished your probation period; if you are terminated during the
probation period you will not have to pay the 1 month compensation. It sounds like you are
employed on a Limited Term contract - the compensation is actually 6 weeks salary not 4.
An NOC is not an entitlement , no employee is entitled to one; it is given at the discretion of the
sponsor/ employer and cannot be bought or paid for irrespective of the circumstances.
veneith
Hi.. i have a Masters degree in Engineering. Just wondering if i were to leave a company, would i
face a ban? thanks
dbxsoul
Hi there Venith, Under the previous ban system (prior to 2005) the ban was affected depending on
your Labour classification (i.e. your seniority). There were a number of labour categories that were
exempt from the ban (doctors, engineers, agricultural workers, sports coaches ...), but in
conjunction with other criteria being met (minimum duration of service, NOC from employer etc.).
The previous ban system was a dual system with both an immigration and labour ban being
instituted. This category exception from the ban dropped away with the last changes in the ban
regulations. Everyone besides unskilled (construction) labour and those employed as private
domestic labour are now eligible to be exempted from the ban as long as they meet the criteria
stipulated in the law when they transfer to a new employer. As mentioned above, the Department
of Labour can choose to overturn a labour ban depending on personal circumstances, but as I
warned, this is the exception and not a rule.
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dbxsoul
duplicate
veneith
Thanks for the reply dxbsoul!!!
It looks like there is a big risk to be taken if one were to refer his/her case to the Dept of Labour.
The decision may or not work out in one's favour.
Just one more question i need ur help with. I recently got selected as Sr Technician( Telecom
Engineer ) at Etisalat. The offer letter is however taking a while bcoz they have me allotted for the
coming budget year. If i were to take up a job at a pvt firm within Dubai and say 3 months from now
get a call from Etisalat, would my ban be relaxed as i am moving to a Govt firm. Would the situation
be any diff if i were to take up a job now at a FreeZone company.
Cheers!
dbxsoul wrote:
Hi there Venith,
Under the previous ban system (prior to 2005) the ban was affected depending on your
Labour classification (i.e. your seniority). There were a number of labour categories that
were exempt from the ban (doctors, engineers, agricultural workers, sports coaches ...), but
in conjunction with other criteria being met (minimum duration of service, NOC from
employer etc.). The previous ban system was a dual system with both an immigration and
labour ban being instituted.
This category exception from the ban dropped away with the last changes in the ban
regulations. Everyone besides unskilled (construction) labour and those employed as
private domestic labour are now eligible to be exempted from the ban as long as they meet
the criteria stipulated in the law when they transfer to a new employer.
As mentioned above, the Department of Labour can choose to overturn a labour ban
depending on personal circumstances, but as I warned, this is the exception and not a
rule.
dbxsoul
It looks like there is a big risk to be taken if one were to refer his/her case to the Dept of Labour.
The decision may or not work out in one's favour.
100% true. In some cases, if you end up having taken you employer through the labour courts
you are actually banned because of the ill-will generated between you and your former
employer. The labour department sees this as a protection mechanism to prevent the ex-
employee from being persecuted or harassed!
Just one more question i need ur help with. I recently got selected as Sr Technician( Telecom
Engineer ) at Etisalat. The offer letter is however taking a while bcoz they have me allotted for the
coming budget year. If i were to take up a job at a pvt firm within Dubai and say 3 months from now
get a call from Etisalat, would my ban be relaxed as i am moving to a Govt firm. Would the situation
be any diff if i were to take up a job now at a FreeZone company.
Yes, moving from private to government has its perks, the rules state no ban when moving to a
government position; also as I have pointed out when you leave a government job you will get a
1 year ban! Same would apply with moving from a FZ to a government job.
veneith
Thanks again for your reply! u r a lifesaver!!
dbxsoul wrote:
It looks like there is a big risk to be taken if one were to refer his/her case to the Dept of
Labour. The decision may or not work out in one's favour.
100% true. In some cases, if you end up having taken you employer through the labour
courts you are actually banned because of the ill-will generated between you and your
former employer. The labour department sees this as a protection mechanism to
prevent the ex-employee from being persecuted or harassed!
Just one more question i need ur help with. I recently got selected as Sr Technician(
Telecom Engineer ) at Etisalat. The offer letter is however taking a while bcoz they have me
allotted for the coming budget year. If i were to take up a job at a pvt firm within Dubai and
say 3 months from now get a call from Etisalat, would my ban be relaxed as i am moving to
a Govt firm. Would the situation be any diff if i were to take up a job now at a FreeZone
company.
Yes, moving from private to government has its perks, the rules state no ban when
moving to a government position; also as I have pointed out when you leave a
government job you will get a 1 year ban! Same would apply with moving from a FZ to a
government job.
ArchitectRoel
NEED HELP!!!
Current sutuation:
1.I'm under a 3-year "UNLIMITED"contract and my labor card will expire this coming Sept 2009.
2.My family is under my sponsorship.
Question:
1a.Do my unlimited contract expires together with of my labor card?
1b.If I do get an NOC from my old employer do I need to exit from UAE?
2a.If I fail to get an NOC and face a ban,will my family face a ban also?
2b.If I obtain an NOC will my family exit from UAE?(during the processing of tranfer)
dbxsoul
The issue is do you want to leave your current sponsor or not? You don’t specify this… In most
cases if the contract draws to a close and both parties wish the situation to remain a new contract
is entered into. 1a. Normally yes, the Labour contract will run concurrently with the Residency Visa
which is of 3 year duration as well. 1b. No, you can transfer to a new employer without exiting. Bear
in mind though that your contract has another 9 months to run, the Labour Law can change a lot in
that time. 2a. Yes and no, under the current law you would be banned from working for 6 months (if
you did not get a NOC), your family don’t’ work for your employer so are not banned…. But see the
point bellow relating to residency sponsorship. 2b. Before your residency sponsorship is
cancelled in September (by your employer) your family will have to be cancelled from your
sponsorship (as you do this in your own right). When this happens you have 30 days to leave the
country or transfer your Labour card to a new employer. After 30 days you would become illegal
and would start accumulating a fine. If you can transfer your Labour Card within the 30 days you
can then re-apply for residency for your family if you still meet the sponsorship criteria, note this
(residency) is a new application and not a transfer as with the Labour Card.
ArchitectRoel
dbxsoul wrote:
The issue is do you want to leave your current sponsor or not? You don’t specify this… In
most cases if the contract draws to a close and both parties wish the situation to remain a
new contract is entered into.
dbxsoul, thank you very much for answering my queries..Actually, I'm confused if I'm going to
LEAVE my current sponsor when my contract ends or to RENEW my contract.
invictors
I was on an unlimited contract.I'm been working for four months now on a six months probation
period.The company has given me a termination letter stating the reason was due to the economy
down. - Will I be banned for six months or one year? - The Company will give me NOC if I can
prove of getting a job after my visa cancellation during my 28 day grace period. - If I pay for my
return flight ticket,NOC will be given. What do you think about this situation?
dbxsoul
Strictly speaking and according to the law you would be banned for 6 months. I would however,
take the termination letter with you and pay a visit to the Labour Department. I think that you would
have to get permission from the LD in this instance. According to the current law it would not
matter if your current employer gave you a NOC or not, as you have not worked out your probation
or the minimum 1 year stipulated by the legislation regarding the transferring of labour cards. What
they are offering as well (NOC for payment of return flight) is not legal either, if you were to get a
NOC and transfer to a new employer then the new employer would be responsible for your return
flight as per the law. What they are asking you to do is forgo their responsibility (the flight) for a
NOC, but there is no guarantee of being legally allowed to transfer. This is why I have said that you
need to get a ruling in your favour by the LD before accepting your current employers offer. As I
mentioned in a previous posting, due to the financial/ economic situation there will be more and
more people in a similar situation as yours – the LD may well make an amendment to the rule to
include these circumstances.
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ArchitectRoel
ROUND 2: Due to the current situation I decided to continue my contract with my current Employer.
So I’ll just wait for my contract to end and renew my contract soon. My questions are: 3. If I renew
my contract, can I get my 3 years GRADUITY right away? 4. Can I renew my contract and residence
visa “together” with my dependents -wife & kids? (my reason is that I don’t want any exits because
it will affect their school) 5. Just to clarify=No need NOC for this case right?
dbxsoul
ArchitectRoel wrote:
ROUND 2:
Due to the current situation I decided to continue my contract with my current Employer. So
I’ll just wait for my contract to end and renew my contract soon.
My questions are:
3. If I renew my contract, can I get my 3 years GRADUITY right away?
No, in any case 100% of gratuity is only paid after working for 5 full year with the same
employer. It cannot be paid out in the middle of the contract.
4. Can I renew my contract and residence visa “together” with my dependents -wife & kids?
(my reason is that I don’t want any exits because it will affect their school)
Yes, they would have been issued thier residency after yours in anycase. Remember
you will have to pay for the extension and your wife will have to re-do her medical.
5. Just to clarify=No need NOC for this case right?
Correct. No NOC required as you are staying with the same employer, the contract is simply
being renewed.
ArchitectRoel
FOLLOW UP
dbxsoul wrote:
What do you mean sir? what if your contrcat is 2 years and you wish to transfer to another company
at the end of the contract-you still cannot get your Graduity?
dbxsoul wrote:
Yes, they would have been issued thier residency after yours in anycase. Remember you
will have to pay for the extension and your wife will have to re-do her medical.
We have DIFFERENT EXPIRY DATES in our residence visa...so if my Residence visa expires it
won't affect their visa? (as they have 1 year expiry date later than me)
dbxsoul
Quote:
FOLLOW UP
dbxsoul wrote:
What do you mean sir? what if your contrcat is 2 years and you wish to transfer to another
company at the end of the contract-you still cannot get your Graduity?
It depends on the type of contract you have, if you have a 2 year LIMITED/ FIXED TERM contract
then, yes you would be entitled to the gratuity at the end of the contract.
If you are employed on an UNLIMITED contract then you would only receive a small portion of
your gratuity as per the regulations governing the payment of gratuities, and after 2 years
service this would not amount to very much.
Severance Pay Article 132
A worker who has completed one or more years of continuous service shall be entitled to
severance pay at the end of his employment. The days of absence from
work without pay shall not be included in calculating the period of service. The severance pay
shall be calculated as follows:
1. 21 days' wage for each of the first five years of service.
2. 30 days’ wage for each additional year of service provided always that the aggregate
amount of severance pay should not exceed two year's wage.
Article 133
A worker shall be entitled to severance pay for any fraction of a year he actually served,
provided that he has completed one year of continuous service.
And also
Article 137
Where a worker under an indefinite term contract abandons his work at his own initiative after
a continuous service of not less than one year and not more than three years, he shall be
entitled to one-third of the severance pay provided for in the preceding article. Such a worker
shall be entitled to two thirds of the said severance pay if his continuous service exceeds
three years up to five years, and to the full severance pay if it exceeds five years.
Quote:
dbxsoul wrote:
Yes, they would have been issued thier residency after yours in anycase. Remember you
will have to pay for the extension and your wife will have to re-do her medical.
We have DIFFERENT EXPIRY DATES in our residence vis a...so if my Residence visa
expires it won't affect their visa? (as they have 1 year expiry date later than me)
Yes, you would have arrived in Dubai before them, or have had your residency sponsored by
your employer before you could sponsor your family, that is how the system works. In fact, it
sounds like they joined you 1 year after you joined your company, hence the 1 year difference
in the validity of the stamps.
You must bear in mind however how sponsorship works, if your sponsorship is withdrawn,
removed or terminated by your employer it is automatically lost by anyone who you may be
sponsoring for residency in your personal capacity (immediate family or domestic servants).
What would normally occur is that if your sponsor applies to have your residency cancelled,
they will start to cancel anyone who you are sponsoring as well – irrespective of how long they
still have on their residency visas.
ArchitectRoel
Quote:
dbxsoul wrote:
You must bear in mind however how sponsorship works , if your sponsorship is
withdrawn, removed or terminated by your employer it is automatically lost by anyone who
you may be sponsoring for residency in your personal capacity (immediate family or
domestic servants). What would normally occur is that if your sponsor applies to have your
residency cancelled, they will start to cancel anyone who you are sponsoring as well –
irrespective of how long they still have on their residency visas.
In contradiction to the underline above:

So if I continue with my current Employer on Sept. 2009, then there is no need to renew my family’s
residence visa right away, correct? Therefore, I can renew there residence visas after few months
or 1 year later?
dbxsoul
yes, you are correct. sorry if it was not clear enough, if you continue with the same employer then
there is no reason to renew you families residency until 1 month prior to it expiring - 1 month is a
good saftey net.
dbxvisitor
Can RP be stamped in UAE, under the sponsorship of a company in ZAFZ if there is a valid RP of
Qatar in the Passport? (If a person proceeds on leave from Qatar and taken up a job in ZAFZ)
bong suniga
1. I'm 26 years old, working here in Dubai as a Civil Engineer for two and half year, I want to leave
my employer on the expiration of my labour card which is on October 4 2009. 2.I signed
UNLIMITED contract from Sept 2006 to _____, with clause article 127, and the employee is not
permitted to work in a competitor company for 2 years after termination. 3.as a civil engineer I got
envolved in client transactions and company secrets , as per article 127. MY QUESTIONS ARE: 1. If
my labour card expires, will I be subject to for banas per article 127? Since I didnt terminate or
cancel my contract, it expires. 2. I I have to submit 1 month notice for resignation what month will it
be? 3. Am I allowed to work to abu dhabi or to freezone since my present employer is in dubai? 4.
Or am I allowed to work as draftsman since my present position is civil engineer? It's both in
Construction business but Draftsman is just making drawings and not envolve in company
secrets. 5. Are there any ban lifting fees as well for the article 127? 6. Please just give me your
legal advise, which I can leave my present company and work to other company without being
banned.
dbxsoul
First thing, your contract only expires in Oct 2009 – that is 8 months away, plenty can happen with
the law in that time, so things which are valid may be invalid then. If you leave at the end of the
contract period, offering 1 months notice of your intention (at the start of September 2009), then you
will not be banned – in accordance with the current regulations. You don’t resign, you simply state
that you have no intention of renewing the contract. Is the Article 127 specifically included in the
Legal Labour contract document (English/ Arabic one)? The company can take civil action against
you if you do break this agreement. There is no ban per se with regards to Article 127; it is simply a
restraint of trade clause that can be implemented legally through the courts. Normally for a
restraint to be effected (outside of Article 127 – such as the duration of the restraint or any other
conditions), then it is supposed to be included in the Official Contract. As you are considering
working in an allied, but commercially non-threatening position there should be no case for your
ex-employer to try and take action against you. He has to actually prove in the courts that you had
caused him financial harm and used his company information for your benefit. At the moment
there is no such thing as “Ban lifting” fees (your point 5) and Labour bans cannot be lifted by
paying money! Point 6. The Ban is there to restrict the movement of persons from one position to
another, in your circumstances, if you tell them that you will not be renewing your contact they
cannot ban you, in your letter simply state that you will be moving to another company when the
contract expires and taking up the position as a draftsman. They may threaten, but cannot actually
do anything unless you use the information you have against them – then they would be within
their right to open a case with the labour courts.
bong suniga
Thank you very much dbxsoul. 1. So the means that my labour card expiration on October is my
contract expiration as well?Yes, Article 127 specifically included in the Legal Labour contract
document (English/ Arabic one), yes , duration of (2) years is mentioned in the Official contract that
I cannot join a competitor company. Actually sir I plan not to renew my contract to my present
employer and then go back to my country for 1 month, then I'll go back here in dubai as visit visa to
find new employer. My Questions are: 2. Is Article 127 not automatically ban an employee?Or it
should be with the request of the employer and proved to the court about his alligations before the
ban is empose to the employee?Unlike the 6 months ban from the labour if you cancell a contract,
which is the Ministry of Labour automatically emposed even without the employer request. Am I
correct Sir? 3. Is that mean when I come back here in Dubai from my country the ministry of labour
will not be a problem for me having a labour card, if I get a new employer? as long as my present
company dont know? 4. I'm just Curios sir, if ever the employer proved to the court that the
employee is positive against article 127. What are the punishment. Thank you for answering all my
questions and sharing your knowledge, you help me a lot sir...I appreciate it.
jhakkasbanda
I was working for a private company in dubai for last 4 years. Now I have a job offer from a
government company in Abu dhabi. My previous company is readu to give NOC. I wish to wat are
the procedures for changeover for self and family. and also i have got a car registered in dubai and
under bank loan. do i need to cancel visa for my family and sell off the car??
dbxsoul
jhakkasbanda wrote:
I was working for a private company in dubai for last 4 years. Now I have a job offer from a
government company in Abu dhabi. My previous company is readu to give NOC.
I wish to wat are the procedures for changeover for self and family. and also i have got a car
registered in dubai and under bank loan.
do i need to cancel visa for my family and sell off the car??
Hi there. If it is a government company or government department there is no ban. i would check

though with the company in question as they will be able to tell you exactly as they would have
been through this process before with other staff.
With regards to your family you would have to cancel their sponsorship before yours is terminated.
This gives you about 30 days to join with the new company and re-apply for their residency
sponsorship in AD.
Regarding the car, it would be best to speak with the bank first, only do this once you have a
signed offer from the new company or have even started working for the new company, all they will
need to do is have proof of salary from your new employer as I'm sure that your salary will still be
paid into the existing account.
The vehicle would have to be re-registered in AD although I'm sure you would be able to use it for a
while before transferring its registration. I would suggest that you look elsewhere on this forum as
I know the question has come up before, but have no experience in this process.
bong suniga
Thank you very much dbxsoul.
1. So the means that my labour card expiration on October is my contract expiration as well?Yes,
Article 127 specifically included in the Legal Labour contract document (English/ Arabic one), yes ,
duration of (2) years is mentioned in the Official contract that I cannot join a competitor company.
Actually sir I plan not to renew my contract to my present employer and then go back to my country
for 1 month, then I'll go back here in dubai as visit visa to find new employer.
My Questions are:
2. Is Article 127 not automatically ban an employee?Or it should be with the request of the
employer and proved to the court about his alligations before the ban is empose to the employee?
Unlike the 6 months ban from the labour if you cancell a contract, which is the Ministry of Labour
automatically emposed even without the employer request. Am I correct Sir?
3. Is that mean when I come back here in Dubai from my country the ministry of labour will not be a
problem for me having a labour card, if I get a new employer? as long as my present company
dont know?
4. I'm just Curios sir, if ever the employer proved to the court that the employee is positive against
article 127. What are the punishment.
Thank you for answering all my questions and sharing your knowledge, you help me a lot sir...I
appreciate it.
dbxsoul
Quote:
Thank you very much dbxsoul.1. So the means that my labour card expiration on October is
my contract expiration as well?
The labour card and labour contract run concurrently for the same periods. The expiry date is
stated on the card. Your residency visa as shown in your passport may be slightly different, as
labour can be processed independently of labour, although they normally run for similar
durations.
Quote:
Yes, Article 127 specifically included in the Legal Labour contract document (English/
Arabic one), yes , duration of (2) years is mentioned in the Official contract that I cannot join
a competitor company.Actually sir I plan not to renew my contract to my present employer
and then go back to my country for 1 month, then I'll go back here in dubai as visit visa to
find new employer.
Quote:
My Questions are:2. Is Article 127 not automatically ban an employee?Or it should be with
the request of the employer and proved to the court about his alligations before the ban is
empose to the employee?Unlike the 6 months ban from the labour if you cancell a contract,
which is the Ministry of Labour automatically empos ed even without the employer request.
Exactly, Article 127 has to be called for by the employer (in your case), the BIG downside is that
all they have to do is call the police and lay a charge against you, the courts will then follow the
case. If you are found guilty you can be held personally liable for the loss of earnings by the
company! As you are aware in the contracting and construction industry this could literally be
millions of Dirhams! As the clause is specifically included in the contract the chances are that
court proceedings may go against you. I’m also certain that before you leave your current
employer will ask that you sign a non-disclosure agreement - just to make certain that you are
aware of the consequences. The article 127 is not a labour ban, but a clause that prohibits you
from working for direct competitors of the company.
Quote:
Am I correct Sir?3. Is that mean when I come back here in Dubai from my country the
ministry of labour will not be a problem for me having a labour card, if I get a new
employer? as long as my present company dont know?
No, it has nothing to do with the new employer knowing or not knowing; when you apply for
labour approval is goes through the Department of Labours computer system. The 6 month
ban is in the computer, this means that if anyone tries to apply for a labour card or labour
approval for you before the 6 months is up, the system will not allow it! This means that you
can enter Dubai again after a month or even a few days on a visit visa, but cannot have a labour
card processed in your name for 6 months from the date that the previous card was cancelled.
Quote:
4. I'm just Curios sir, if ever the employer proved to the court that the employee is positive
against article 127. What are the punishment.
See above, it can be a mixture of a jail sentence, a large fine, an amount for damages awarded
against you by the courts as well as permanent black listing (ban)!!!! Be very careful, especially
if your current employer is well known and has good resources!
bong suniga
Thank you again dxbsoul. 1. What is the exact meaning of direct competitor?What if I work as a civil
engineer in construction business in my next employer the same as my present employer, but I
dont affect there bussiness because there client and my client are different, hence we are both in
the construction business, Ofcourse Sir there lost will not be my fault in any case, 2. Will I still be
subjected in article 127? 3. What if they didnt let me sign a non-disclosure agreement, Is the
article 127 still valid ? 4. What are the things that I need to take from my current employer before I
leave and after my notice of non-renewal letter? 5. Thus non-competitor means the same
business, the same position, the same client, the same subcontractor? what if the same
business but different position? Thanks again SIR, for patiently responding to my
questions...THANK YOU
dbxsoul
bong suniga wrote:
Thank you again dxbsoul.
1. What is the exact meaning of direct competitor?What if I work as a civil engineer in
construction business in my next employer the same as my present employer, but I dont
affect there bussiness because there client and my client are different, hence we are both
in the construction business, Ofcourse Sir there lost will not be my fault in any case,
The law in the UAE is very open ended when it comes to definitions, the law is written in
Arabic and then translated to English; as such certain nuances in the law may be
changed or misinterpreted. My understanding is that Sharia Law is applied in a holistic
fashion, an so the law does not have to be specific as it is in “western” terms, its about
interpretation according to the circumstances. So in you situation it may mean if you
current employer were to loose business loose financially through any actions that you
may have initiated either intentionally or even un-intentionally; as long as the old
employer can make a reasonable case the courts and police would be forced to look at
it.
2. Will I still be subjected in article 127?
Yes the Article 127 that is in your current Labour Contract will remain in effect and can
be invoked by you old employer for the duration specified – 2 years.
3. What if they didnt let me sign a non-disclosure agreement, Is the article 127 still valid ?
Yes, it will remain in effect. They may only ask you to sign as a reminder that you are
legally bound to the terms in your contract. They may simply tell you that you are still
bound by the terms of 127, or may not even inform you at all! It is entirely at their
discretion, the fact that it is in your contract and that you signed is legal enough for it to
be implemented.
4. What are the things that I need to take from my current employer before I leave and after
my notice of non-renewal letter?
MMMMMMM, difficult. Your personal belongings; you may not take any company contact
information with you as this would be in direct violation of Article 127 and reason
enough for them to pursue the clause of they found such information in your position.
Such information would include business contacts, price or costing details,
architectural details or files, company policies or procedural information, current
tender information etc. You may ask for the return of your qualification if the original
documents are kept with the company.
5. Thus non-competitor means the same business, the same position, the same client,
the same subcontractor? what if the same business but different position?
Already explained – it depends how the law is interpreted and whether a claim could be
substantiated by the employer. Having worked as an employer of people I can tell you
how easy it actually would be to find or even manufacture incriminating evidence if I
were wanting to specifically get even with someone (not that I have, but how easy it
actually is to do!) .....
Thanks again SIR, for patiently responding to my questions...THANK YOU
CaptainCaveman
Quick question I'm currently working in Media City and have done for just over a year, my company
is terminating my unlimited contract due to cost cutting. Am i right in assuming that as i have
completed more than 1year that i will not have a ban and that i do not need an NOC to work for
another company. I'm going with a company representative next week to the Oman border to
cancel my visa, will i be able to get a 60/90 day visa as the company i'm going to work for do not
apply for the residency visa until you have worked for them for 3 months.
chrismorgan36
Hi,
I was made redundant by my company in Dubai (due to the economic slowdown) and they are
refusing to give me an NOC. I had been working for them for 8 months and obviously they are now
about to cancel my visa. Can someone help me with the following questions:
1. I sponsor my wife (who is working in Dubai now as well). Can she just sponsor me now
instead? Will this mean I still incur a 6 month ban? [I am guessing the answer to the latter is
unfortunately yes.]
2. As my wife is on my residency visa, are the company allowed to cancel the visa as then she will
have to leave the country as well? [Again I am guessing the answer is yes.]
3. As a general question, why is there no distinction in terms of a ban between someone choosing
to leave a company and someone being forced to leave a company?
Many thanks for any help offered.
dbxsoul
Hi,
I was made redundant by my company in Dubai (due to the economic slowdown) and they are
refusing to give me an NOC. I had been working for them for 8 months and obviously they are now
about to cancel my visa. Can someone help me with the following questions:
I'm sorry to say that there is nothing that you can do about this situation. Firstly the employer is
under no obligation to provide the employee with a NOC, this is not an entitlement irrespective
of the duration of service that you may have with the employer. Secondly, as you have only
worked 8 months for your current employer a NOC (if you could get one) would still not be
sufficient to grant you a transfer - you need to work a minimum of 1 full year with your current
employer and still then have a NOC to be able to transfer.
1. I sponsor my wife (who is working in Dubai now as well). Can she just sponsor me now
instead? Will this mean I still incur a 6 month ban? [I am guessing the answer to the latter is
unfortunately yes.]
No, a woman may not sponsor a male (for residency), unless she is a doctor or a teacher -plus
a few other very high level positions.
2. As my wife is on my residency visa, are the company allowed to cancel the visa as then she will
have to leave the country as well? [Again I am guessing the answer is yes.]
Correct, when your residency is cancelled hers will be as well. She can however move across
to her employer’s residency sponsorship, this would enable her to remain in and continue
working in the country
3. As a general question, why is there no distinction in terms of a ban between someone choosing
to leave a company and someone being forced to leave a company?
mmmmm.. To a degree there is, normally a person being forced to leave a company for
example as he is been found guilty of a criminal act will receive a permanent ban and never be
allowed to re-enter the country.
In the past they had two ban, labour and immigration, where you would be banned from
working for 6 or 12 months, in addition you would be prevented from re-entering the country for
a period of 6 or 12 months. There were exclusions and conditions as well as systems in place
to circumvent most of these issues. The ban then was also implemented at the request of the
employer, and not mandated by government as the current situation is. The current ban
system is in effect a much more relaxed one!
You may well find that in the coming months the labour department revises their current ban
system to cater for people who have been retrenched. I have my doubts though.
You can however if you feel your situation is different, unique or unfair take the matter to the
Labour Department, as they do have the power to uplift the mandatory ban if the situation
warrants it.
Many thanks for any help offered.
Ariez
Hi, I am working in a private company for almost 4 years now. I want to know if I resign the
company and they refuse to give an NOC will I get a labour ban? Another thing, is the company
allowed to reduce a salary without giving a written letter? and knowing that it is 35% of the total
package? Please advise.
dbxsoul
Ariez wrote:
Hi, I am working in a private company for almost 4 years now. I want to know if I resign the
company and they refuse to give an NOC will I get a labour ban?
They are entitled to refuse to give you a NOC. NOC is not a right to employees, but is
given at the discretion of the employer.
If you do not have a NOC you will be banned.
Another thing, is the company allowed to reduce a s alary without giving a written letter? and
knowing that it is 35% of the total package? Please advise.
No they are not; this should be reason enough to go to the labour department. I would
however need to know more about the actual contract to give you more advice. Type of
contract, exact salary and benefits as per the contract, any increases that you may
have received since the contract was signed etc..
dbxsoul
Quote:
Quick question
I'm currently working in Media City and have done for just over a year, my company is
terminating my unlimited contract due to cost cutting. Am i right in assuming that as i have
completed more than 1year that i will not have a ban and that i do not need an NOC to work
for another company.
Media City is a Free Zone and as such not subject to the same regulations and conditions as the
UAE Labour Law. In most cases moving between sponsors in the SAME Free Zone will not incur a
ban, there is also (normally) no minimum duration of service requirement within Free Zones.
I would however, suggest that you visit the Media City Free Zone Authority offices and pose the
question to them. Each Free Zone uses slightly different variations of their “Labour Laws” so what
is standard practice in one FZ may not be in another.
Quote:
I'm going with a company representative next week to the Oman border to cancel my visa,
will i be able to get a 60/90 day visa as the company i'm going to work for do not apply for
the residency visa until you have worked for them for 3 months.
This is illegal! The company has the obligation to provide you with a labour card within 30 days
after taking “office’ they simply use these 3 months as an unofficial probation period!
It does depend where the new company is, but if they are not located in the Free Zone then you
would be subject to the UAE Labour Laws and will still have a mandatory 3 to 6 month probation
period after you have served your “unofficial” probation with the company. This means in theory
they could terminate your services after 9 months of you working for them and you would not be
able to do a thing about it, neither would you be eligible for severance or any form of gratuity; in
addition to this you would not have legally even accumulated any leave!!!
And.... to make their offer look even more enticing, as you would be working illegally, you could be
subject to a fine, imprisonment and deportation... or all three – for working illegally.
Ariez
dbxsoul wrote:
Ariez wrote:
Hi, I am working in a private company for almost 4 years now. I want to know if I
resign the company and they refuse to give an NOC will I get a labour ban?
They are entitled to refuse to give you a NOC. NOC is not a right to employees, but
is given at the discretion of the employer.
If you do not have a NOC you will be banned.
Another thing, is the company allowed to reduce a salary without giving a written
letter? and knowing that it is 35% of the total package? Please advise.
No they are not; this should be reason enough to go to the labour department. I
would however need to know more about the actual contract to give you more
advice. Type of contract, exact salary and benefits as per the contract, any
increases that you may have received since the contract was signed etc..
My contract is unlimited and salary mentioned is 7,500, yearly ticket as normal
because I renewed my contract last June 2008, in October 2008 they increased it to
10,000AED with a written advise but my contract is still the same and not revised.
Thanks.
dbxsoul
I would honestly advise that you go to the department of labour; if this wage cut has been
happening for more than a month then you will have a stronger case. The only way that you could
possibly try to get out of your contract at the moment (without the ban), it to prove "non-payment" by
the employer. You will need to take all your documents with you, the increase letter, copies of
some bank statements to prove the salary etc. The Labour Department may then determine
whether you have a case to be released from your contract without the ban, or not ....
Ariez
Thanks a lot for the advise. But I served more than 3 years from the company, how come i will still
get a ban?
dbxsoul
This is a very odd and grey area according to the law. If you had simply finished your initial 3 year
period then there would be no ban. But as the contract has extended you could again be eligible to
be banned! I know this sounds very odd, but the law is not very clear on this. As you are aware
gratuity etc is based on a 5 year contract cycle, but residency is only valid for three years, so they
normally run the labour contract (initial) for a period of 3 years to coincide with the residency
renewal. The best thing in your case is to get a letter from the Labour department confirming this.
Remember if you do go to the labour department you may not always get the same person you
spoke to previously ....
vk101
Thanks for posting this guide, dxbsoul - you answered questions I wouldn't have realized to ask to
begin with. I have a few questions that I'm hoping you could please review. 1) When searching for
a job, in the initial stages of speaking with a company, how do you determine whether they require
a "limited" contract or "unlimited" - would I simply ask if there's a minimum amount of time to stay
and, if not, it's by default considered "unlimited"? 2) Even if it's "unlimited" (i.e. no minimum length),
am I correct in thinking there's effectively a 1 year minimum imposed not by the company or free
zone, but the various government departments? 3) A company I'm looking at has contact
information listed for Dubai Airport Free Zone and Dubai Internet City - would you know how the
rules work when a company has a presence in multiple free zones? 4) When switching employers
within any one free zone, do you need to be with the first employer for the 1-year minimum? 5) If
you have an offer with another company in the same free zone, can you make the switch even if
your current employer hates you for it (i.e. if you don't need an NOC from them, is there anything
they can do to stop the move)? 6) If an NOC isn't needed to move from one free zone company to
another, in what form do the free zone authorities give you the blessing to switch? Do you need to
get their written permission in some other form, or do they simply not contact the government
departments to cancel your visa? 7) Could you describe what's meant by "You transfer to the same
labour position (as you are currently registered) with the new employer" - does this mean if you're
working as an xyz with one employer and move to another employer working as an xyz, that you
don't face a ban (when all other conditions you des cribed are met)? I'm sure I've misinterpreted
this... Thanks for all your help.
dbxsoul
Thanks for the feedback; some good questions and hopefully I can provide some of the answers
or a little more insight at least: 1. Normally this issue is never covered in an interview as most new
employees have no idea that two types of contract even exist. A company will normally make use of
a specific type of contract and not mix them amongs t employees. The Limited term contract is a
real bas..rd, and is commonly used by construction companies, labour broking companies etc (in
my view associated with companies who don’t see their employees as anything other than
labour). It is heavily slanted in favour of the Employer, and offers very little to the Employee – it is
extremely punitive in nature (towards the employee) with regards to breaking the contract period
early. There is nothing wrong with asking an employer this at an interview, in any case you have to
sign the final contract and will see it printed on the document at that time. Simply asking the
question will alert and interviewer to the fact that you have done some research. 2. The “1 year
minimum work rule” is imposed by the Labour Law of the UAE, this applies to positions within the
UAE and Emirate of Dubai, but is not mandatory in the Free Zones. I have to qualify this last
section though, as pointed out each FZ is independently operated and as such can institute
whatever regulations or restrictions it may see fit – independently of the UAE Labour Law. 3.
Interesting one. I’m afraid I can’t really offer much advice there as I have never encountered this
before. However, under the UAE Labour Law (which they may use as a guideline in an odd
situation), an employee may move freely (and without Ban) from one company to another as long
as the sponsor of the companies is the same. Example Mr. Ali X owns two company’s XYZ Paints
and TQR Textiles; employee of either of these businesses can be transferred freely without a ban
as long as Mr. Ali X agrees to the transfer. 4. No, there is “1 year minimum work rule” NORMALLY
in any of the Free Zones. I would however advise checking with the FZ Authority Offices prior to
making any rash decisions. 5. Haha… okay; technically no, they can’t do anything, practically
though is another story. As an example I had the exact situation for someone I was helping about 2
months back. Offer from new employer in the same FZ, so he went off to get his papers done only
to find that the sponsor of the company he was leaving and the Director of the FZ Authority in which
he worked were big mates. They declined his transfer and forced him out of the FZ. He was
however lucky enough to find another position in another FZ and moved to that. 6. As all the Labour
and Residency issues and procedures of FZ an employee is handled by that FZ Authority, the
transfer process is affected by them as well – Transferring within the same FZ would require them
to draw the folders of both companies and transfer the employer if the conditions are met. With
respect to the last section I mean some companies pay more so can have larger staff
compliments than others, they obviously won’t allow you to transfer to another company unless the
new company had space on their labour card (quota) for you. 7. Basically yes. For example you are
employed with the labour designation (on your labour card) as Architect. If you meet all the other
conditions for transfer you may only transfer to a new job with the same labour category “Architect”,
you cannot transfer as a “Site supervisor”, “Office manager”, “Building inspector” etc… Then again
as many things in the UAE it is only a designation on your labour card and does not necessarily
mean that you perform those duties in real life! It may have bearing though if they were to re-
introduce the old Labour category Ban system. Here only certain labour categories (Such as
Doctor, Engineer etc) were exempt from the ban. This applies only to jobs in the UAE; I don’t think
category transfers are of any consequence in FZ’s.
vk101
Thanks for getting to my questions, it definitely helps. I have a few follow-up questions below – I
realize it’s a lot of questions and that you may not know all the answers, but I’m hoping to be very
cautious and aware of what the situation is before taking the plunge. 1) Interesting, so theoretically
speaking, the FZ could put in a minimum 5-year work length just as easily as it could impose no
such rule at all? So even in the case their minimum length is less than the UAE’s 1 year, am I
correct in thinking that one could hypothetically leave the job after a day and get other employment
outside the FZ without an NOC and not get banned? 2) For your contact who got forced out of an FZ
but was able to find something else, does that mean he was working in an FZ with no minimum
required length of employment or that he’d already met the 1-year minimum? Because otherwise,
if he didn’t meet the 1-year requirement in your list would’ve meant he’d have to leave Dubai for 6
months, right? 3) So the most an FZ can do in the absence of you doing something really wrong is
to stop you from transferring to another company within the FZ (and perhaps affiliated FZs) – they
can’t ban you from the rest of Dubai, right? 4) I’m trying to understand the significance of the
probationary period in Dubai. Are companies required to have probationary periods, whether within
an FZ or not? Is the probationary period length completely up to the company or is this guided in
some way by law? For FZ companies, is the probationary period up to the FZ authority or the
company itself? 5) So what actually changes after you’ve finished your probationary period with a
company (in terms of how it relates to bans, as well as any other things that change)? Thanks
again for your help.
dbxsoul
1) Interesting, so theoretically speaking, the FZ could put in a minimum 5-year work length just as
easily as it could impose no such rule at all? So even in the case their minimum length is less
than the UAE’s 1 year, am I correct in thinking that one could hypothetically leave the job after a day
and get other employment outside the FZ without an NOC and not get banned?
Yes, they are free to change the regulations to suit themselves or the requirements of the
companies within the FZ. As to the second part of the question, as I stated before this depends
entirely on the FZ that you are working in.
2) For your contact who got forced out of an FZ but was able to find something else, does that
mean he was working in an FZ with no minimum required length of employment or that he’d
already met the 1-year minimum? Because otherwise, if he didn’t meet the 1-year requirement in
your list would’ve meant he’d have to leave Dubai for 6 months, right?
Exactly, he moved from an FZ that does not ban to a FZ that does not required a NOC.
3) So the most an FZ can do in the absence of you doing something really wrong is to stop you
from transferring to another company within the FZ (and perhaps affiliated FZs) – they can’t ban
you from the rest of Dubai, right?
Again, this depends on the reguation of the specific FZ. They have to provide a transfer
aiuthority letter - think of the FZ as just another employer, but they are able to bend the rules
slightly.
4) I’m trying to understand the significance of the probationary period in Dubai. Are companies
required to have probationary periods, whether within an FZ or not? Is the probationary period
length completely up to the company or is this guided in some way by law? For FZ companies, is
the probationary period up to the FZ authority or the company itself?
probation is mandated by law, not less than 3 months and not more than 6 months. FZ's have
different rules according to each FZ, there is not FZ "general rule". When working in the UAE
(non- FZ employment), as an employee you have basically no rights or entitlements while
working out your probation period. If your contract is terminated during the probation period
you are banned for 6 months as per the labour ban regulation (minimum of 1 year employment
not being met).
5) So what actually changes after you’ve finished your probationary period with a company (in
terms of how it relates to bans, as well as any other things that change)?
No change, you only start to accumilate entitlements after your probation (leave etc.) If you
have worked out a probation period of 6 months and then completed another 5 months and
decied to move you can still be banned as you have not complied with the minimum 1 year
employment stipulation. [/b]
sweet29
hello i worked there in dubai starting december 03,2008 as a babysitter then bacause of
unexpected problem in my country i decided to go home last january 30, 2009 i have no labour
card or residence visa bacause i have not yet having a medical so my visa only is the one i bring
from the philippines before i go here not renew anymore by my employer....so the labour office put
on my passport a sticker with a print of cancelation of visa put on the date of entry on my passport
in dubai. my employer told me that i can go back there in dubai if i want but the question is they
said if i have a cancelation sticker on my pasport i cannot have a work there in dubai for 6 months.
i don't want to go back to my previous employer i want to go there with another job CAN I ?? HOW?
sweet29
how to lift a cancelation of visa ??
dbxsoul
sweet29 wrote:
how to lift a cancelation of visa ??
it sounds like they were processing the application and then aborted it. in this instance the 6
month labour ban will still be in effect. according to law you can enter the country again straight
away on a visit visa, but will not be allowed to process a labour application for 6 months - around
30 August as the ban is for 6 months from date of cancellation.
ghie
As per the UAE Labour law, who should pay the ban lifting fee, the employee or the new employer?
dbxsoul
Please note: There is no longer anything such as a "ban lifting fee", this went out about 4 years
ago. As it stands there is no such fee, hence it is not covered by the Labour Law. Actually it was
never covered by the Labour Law in the first place, but was simply a local (Dubai) deviation to the
National Law
ghie
I moved from a Dubai company to Sharjah company and had to pay AED4,000 as my part of the
expenses incurred for my visa transfer which cost them over AED15,000 as I only finished 4
months with the Dubai company. The AED4,000 I paid they said is for my ban lifting fee. Now, the
Sharjah company is terminating my contract due to redundancy (after 10 months of working). Do I
have a reason to complain them to the ministry?
dbxsoul
this was originally over a year ago, at least 14 months according to the figures you provided. the
"lifting fee" which you talk about does not officially exist, what may have actually happened was that
you had paid to "grease the wheels of government" - atually a bribe to someone for pulling a few
strings. unfortunately, many are in a similar situation as yours - because of the reccesionary
climate. i have heard that there may be a change in rules in the next few weeks to extend the one
month grace period (between termination of the labour contract and leaving the country) to a three
month period in order to allow people to look for other work. just a rumour at this stage, but i think
that the government has realised that there is a serious situation and that they need to make
some kind of arrangments to hold onto what labour force the country can afford to. with regards to
legality.. well retrenchment is not covered in the labour law as it has never been experienced in
such large number before. you could call them and ask - as i have seen no written notifications
covering this form of "termination" in the local press.
missnormal
I've been working for my employer for a year now but my residency visa was only done a week ago.
I never intended on staying more than a year and the innitial (verbal) agreement was according to
that. The company has been taken over by new shareholders and mangement and my residency
is valid for three years from end of March. I want to leave in July, but as the company paid a huge
fine to get my residency done they want me to pay this back to them if i leave before three years!!! I
was thinking about just going on leave an not returning to avoid these costs... but I am scared that I
might not be able to fly to other destinations via Dubai if the ban of blacklist me. What would be my
best option? Will i be able to fly via Dubai if I'm banned or blacklisted?
dbxsoul
Sorry about the long delay in replying. Firstly your company cannot hold you liable for a fine for
which they were ultimately responsible. they should have had your residency and labor card
processed within 60 days of you starting your job. that is the law. Verbal agreements are not worth
anything and cannot be contested in any uae court; all contracts have to be completed by both
parties in Arabic to be legally binding. What type of contract are you issued woth? limited or un-
limited, it will state this on the official copy of your labor contract (dual Arabic/ English document).
Breaking a limited contract can incur you a 45 day salary fine. as you have a relatively new contract
(again check the contract terms), but you will find that if your contract was only issued (officially) two
weeks ago that you still fall within the probation period of the contract (mandatory 3 month period);
this means you can actually walk out of your job tomorrow if you like - same applies to the
employer he can terminate you within this period without any reason. This is irrespective of if you
have worked for them for a year, the previous work experience is not recognized (is actually illegal)
as it was not under any form of formal labor contract. Lastly, if you were to get permanently banned
from the uae or Dubai, it would not impinge your ability to pass through Dubai airport as a transit
passenger - as you effectively do not clear customs and immigration (in transit). You would
probably be able to also on a short (96 hour) trans it visa as you do not have to be retina-scanned
for this. Taking another job here would be a different story though. Note, I said permanently
banned, this is normally a punishment reserved for criminals or people who have absconded from
their employer in the past. Normally the worst would be a 12 month ban from working for breaking
a limited contract or a 6 month ban for terminating an unlimited contract. At the moment there is no
residency ban (unless for the reasons stated above - criminal etc.)
songbird
My sister worked at an property developers company in Dubai and left her employment in early
January after 18 months with them. She gave them the correct notice that she was leaving. Our
brother was very ill in the US and my sister repeatedly asked the company to sort out her
severance etc, which they did not do. In the end she took the first plane she could and got out
because our brother was due an operation the next day. For the previous 4 months the company
had not paid the staff properly and was owing money to lots of people. My sister has checked her
work permit status online and has found that it is still active, even after 4 months of her being out of
the company and the country. Is a company supposed to notify the authorities when a employee
leaves and will they be in trouble for leaving this for so long? Also if they do ban her, will it now be
from when her employers cancel her work permit or from when she left the country? My sister has
now been offered another job in Dubai but is worried about the implications. Her old and new
company are both in free zones. She has a catalogue of emails to support her case where she
consistently told her company about our brother having heart surgery and asking them to honour
their commitment towards her so she could leave the country. My sister herself was suffering from
bad health previous to her leaving the country. I believe her employers have severe financial
problems and have certainly let a lot of staff go. In fact the property company my sister was working
for is now in the hands of another company with mos t original staff being made redundant. She is
on a 3 year unlimited contract. Do you think that there is any way that my sister will be allowed to
work in Dubai again without the 6 months ban? She has all the emails from her employers which
can prove the way she was treated. They still owe her money and as you can imagine she was in a
terrible state when she left the country. Also they had given her notice to quit her room which
means she would have been homeless and without money. Even when told about our brother's
heart surgery, her employers did nothing to hurry things up and my sister formed the opinion that
she would end up destitute in Dubai. All these mitigating circumstances led to her leaving without
cancelling her papers. We have recently read that the Labour Ministry is reviewing the 6 months
ban. Do you think in the light of the circumstances , my sister may be able to bypass the 6 months
ban and be able to work at this new company? I have tried to phone the Labour Ministry as I live in
Abu Dhabi but cannot get through. I don't know if her old employer will give a NOL as they are very
petty minded. If this is needed would it be best to ask her prospective employer to approach the
old company? We urgently need your advice please as the job offer is on the table and they will not
wait forever. Thank you. Michelle
bonk
Sorry to hear about your brother :(. The labour laws don't apply in the same way in free zones. Try
and contact the office handling visa processing in the free zone where you were working. If your
sister's old and new job are in the same free zone then it should be straightforward to change jobs
since the sponsor is the same. If different free zones then it depends on the free zone rules. A 3
year "unlimited" contract doesn't make sense :? It should be unlimited or 3 year limited? If
unlimited then she might be able to avoid a ban but she needs the NOC so if you think it helps,
then maybe get new company to talk to old company. If your sister is registered as absconding by
the company, then it will be more problematic for her (can result in a permanent ban). She needs
to resign or be terminated and have work permit cancelled. The company doesn't impose a ban,
the Labour Department does, and it's automatic unless an exemption applies. Starts from when
work permit is cancelled. Non-payment of salary is grounds for resigning and filing a case with the
labour department (except with a free zone you should file a complaint there first I think). A review
of the 6 month ban could happen tomorrow ... or next month ... or never. Don't count on it. The
labour ministry can review special cases so you could try visiting them and explaining the situation
but I don't really have any idea how responsive they're likely to be. If the old company has been
taken over by a new company, that is probably the factor that will be most significant in avoiding a
ban.
songbird
Thank you Bonk for your very swift response. Unfortunately the two companies are in different free
zones. The contract is for 3 years so must be a 3 year limited contract? If my sister's old employer
had reported her as 'absconding' would that not be registered under her status on the Labour
Ministry website? She did abscond but had very good reason for doing so. This was only after
giving notice in the correct way and them delaying paying her, after months of not paying on time.
She was very worried about giving her passport over to these people as they have form for not
paying properly. She felt she would be trapped, homeless and penniless in Dubai if she had done
so. In fact at one stage she did not have money to pay for her medication. They knew that our
brother was due to have heart surgery and still did not honour their commitment to her and deal
with her thus enabling her to leave the country on time to get to our brother in the US. Is there any
way of checking her status without her having to re-enter Dubai first as she is worried about doing
so? The contract is with a company which is now practically dormant, most of the staff have gone
and the company has been taken over by another operating property developer. Thank you so
much for your help. Michelle.
bonk
1. Sounds like 3 year limited contract then, yes. 2. Erm, I guess. I don't know enough about the
website to say. 3. Contact the Dubai immigration department and/or Ministry of Labour. They both
have helplines you can try, or visit them. Bring whatever relevant documents you have.
Sharp
I really Don't know nothing about the albour law's in Dubai!!.... the only thing i knew that our Vist
Visa change's to resident Visa n then you're free to live for 3 year's!!....... Thank's i should
Understand what's going on with labour Law!!................
BVV
my (3 year)labour card is finishing on 23 of may 09. now i got a better offer. this is my first contract
and it is unlimited. i will not get noc. i supposed to get a 6 months working ban. Can i remove this
? if yes how ? please give me an immediate reply.
Sharp
Ohh!!.. I think You Can't remove staying in Dubai!...... for that You have to Leave from for 6th Month's
right!!.. anyway As I don't know Much about it Perhaps I'm wrong!...... Congrate's for New Offer!!.........
ink_n_paper
I accepted a job offer with a Dubai company and recently started working for a couple of days when
I got another offer from a different company. I am seriously considering transferring, but I am not
sure if this is possible. For professional reasons, the new offer is more suitable to my interest and
qualifications. I have an employment visa (converted from tourist visa), but no residence visa
stamp on passport and labor card yet. I haven't even gone through medical yet as I just started
working 4 days ago. My boss says he will issue me a NOC, should I decide to resign and join the
other company so long as I pay the necessary fees the company paid for my visa processing. As I
don't have the residence visa stamp on passport, labor card and haven't gone through medical,
our PRO said I will pay approx AED 3000 only. The new company confirmed they will pay visa
transfer fees. My questions are: 1. Will the NOC is suance by my current employer suffice to avoid
any employment ban? 2. Our PRO initially said I would have to pay AED 14 000 for all the fees they
paid for my visa. Since he quoted that amount in front of my boss, I think my boss wanted to scare
and deter me from resigning. When I spoke to the PRO alone, he quoted approx AED 3000. Does
anybody have an idea about how much I really have to pay? I am 4 days into my new job and I am
on an unlimited contract/offer letter. 3. I hear about the AED 500 payment per month for every
month you didn't complete in a year. Is this part of the visa transfer cost? The new potential
employer advised they will pay all visa transfer fees. HELP pls. I am totally confused with the
various things I hear and read about. I need to come up with a final decision ASAP.
trekker
Regarding the banning facts, there is some information not specified: 1. if on a Limited contract,
can a person resign while on probation- ( does this constitute breaking the law?; or would this be
regarding flouting the law once the probation period is over. I have just signed up on a limited
contract having spent 3 months out in the cold from retrenchment; I am joining an employer out of
need and not choice and given the option i intend to quit within 6 months should a good offer
surface from somewhere. I simply wanted to know my legal limits. 1. ( CLARIFY if resigning for
valid reasons within the probation period would constitute a breach of country`s labor law.
trekker
is there any way to circumvent the immigration ban imposed by the government for Limited
contracts?; if the govt acts unilaterally in imposing this hedious law then why have 2 sets of laws in
the name of limited and un-limited contracts ?. I got laid off from a semi-govt company and ive
been forced to settle for a new employer who is only keen on providing a Limited contract; Given a
choice, i wouldnt work for more than a year with this employer but im forced to do so in the light of
the economic situation all around Dubai; Offers arent that forthcoming as they used to. I intend to
deliberately resign within my probation period but my contract doesnt explicitly say if i have the
liberty to do so within the probation period; Id like to know if the immigration ban would be applied
incase i received an alternative job offer within a probation eriod. What would happen, incase i
informed my employer by amicably resigning and refunding cash as required by law ?. Can you
shed light on this specific issue?.
dbxsoul
yes, unfortunatley, the ban is extended to persons while still under probation - in my opinion one of
the most unfair of labour practices.
on a limited contract this would even be worse as you have to work out the full contract duration to
avoid being banned.
the ban would be imposed irrispective of what ever guarentees a currnet employer offers, the ban
is effected by the labour ministry and not by the employer.
trekker wrote:
Regarding the banning facts, there is some information not specified:
1. if on a Limited contract, can a person resign while on probation- ( does this constitute
breaking the law?; or would this be regarding flouting the law once the probation period is
over.
I have just signed up on a limited contract having spent 3 months out in the cold from
retrenchment; I am joining an employer out of need and not choice and given the option i
intend to quit within 6 months should a good offer surface from somewhere.
I simply wanted to know my legal limits.
1. ( CLARIFY if resigning for valid reasons within the probation period would constitute a
breach of country`s labor law.
trekker
regarding Un-limited and limited contracts in the U.A.E in general, ( excluding the freezones), can i
presume the labour law is uniform regarding this matters in whichever emirate. Kindly confirm.
dbxsoul
yes, excluding the FZ's. The Law is a Federal Law and covers all emirates
webbie
I used to work in a freezone. After 7 months, my employer terminated me due to the economic
recession.
1. I understand that if I transfer to another company within the freezone, there is no ban. However, if
i transfer to a company outside the freezone, will i be banned considering I was only employed for
7 months? do I need to get FZ NOC?
2. Should I consider myself a permanent employee at the time of my termination even though my
company did not officially inform me that my probationary period was over? (max limit for
probationary period is 6 months while I was terminated on the 7th month).
3. Is the non-competition agreement valid within the freezone?, I signed a non-competition
agreement with my previous employer. However, since in a freezone, the true sponsor is the
freezone authority and not the employer, will the non-competition agreement prevent me from
transferring to a competitor within the freezone?
thanks
dbxsoul wrote:
asha12 wrote:
another job ? ..... Please advice. Thanks .. Also what are the chances of getting a job
in dubai after being removed from a company during the probation period
Unfortunately, if your contract is terminated during your probation period the chances are
almost 100% that you will be banned. You will not be able to meet the criteria necessary to
avoid the ban. Your only option is to visit the Department of Labour and ask them to remove
the ban; however the chances are very slim to non-existent on this happening.
bonk
1. Depends on whether you transfer to another FZ, government job, or private sector outside FZ.
Get an NOC to be safe. 2. Yes. 3. Depends on the terms of the agreement you signed. Probably
yes.
emphus
Dear dbxsoul, you are doing very good efforts helping people, My Query is, rite now i am working in
FZ in DIC, from last 8 months, i want to leave my job i got offer from another company in same
Freezone, but in DMC, different Business nature, rite now i am on Notice period of 1 month, in my
contract it was written if i leave the job before 18 months i have to pay them training cost, also they
are not transfering my visa asking me company name and bala bala, they even dont give salary on
time, also working hours are so long. in my notice period they are saying to complete projects
putting me so much work load, i am unable to work here, can you please tell me what are my legal
boundaries? also please help me if my visa is cancelled in same FZ, will i be banned, because
my new employer in same FZ will apply for my new visa. there is nothing written in my contract
regarding limited or unlimited. Your help will be grateful looking for your response
vishalk
I worked for 22 months with my employer and then due to personal problem i resigned and came
back. Comapny put 1 year ban on me which will b over in mid of september, now i few days back i
got an offer to work with the same employer again. i accepted the offer. Its more than one month
now, my ban has not been lifted up yet. I asked from my company n they told me as ban was
imposed by them, and they are lifting it so it will take more than usual time. Can you please tell me
how much time it will take..............are there any issues or complications in removing ban and
getting visa to work for same employer again.
vishalk
Back to top I worked for 22 months with my employer and then due to personal problem i resigned
and came back. Comapny put 1 year ban on me which will b over in mid of september, now i few
days back i got an offer to work with the same employer again. i accepted the offer. Its more than
one month now, my ban has not been lifted up yet. I asked from my company n they told me as ban
was imposed by them, and they are lifting it so it will take more than usual time. Can you please
tell me how much time it will take..............are there any issues or complications in removing ban
and getting visa to work for same employer again. Can same company remove ban and get
employment visa for me during ban period. If yes, how much it usually takes
desertrekk
Can you confirm if a visa transfer is possible for someone with an unlimited contract working in Al
Ain. I am under probation with a company in Al Ain which has issued a work permit but im yet to
undergo medical and residence visa stamping on my passport. I was curious to know if ban lifting
would be possible in this scenario. I have worked for 2 weeks but the ultimate job id want to get
involved with has turned up with an alternative employer. Id be willing to pay ban lfiting fees if
personally required, but i just need to know if a transfer is feasible under these circumstances; an
answer would be appreciated. :scratch:
bonk
If you're on probation, that implies you've been working less than a year for the company so you'd
get a six month ban if you leave, in other words no transfer. More here ...
http://www.dubaifaqs.com/visa-ban-uae.php
cherian
I am an Engineer joined company on november 2008 and now completed 6 months. In my offer
letter, they promised me family accomadation after sucessful completion of 6 months. But now
they are refusing to give the family accomadation. If I resign due to this reason by giving one month
notice period, what about the ban? In my contract, they have not mentioned about Family
Accomadation, only in offer letter. Is it possible to leave the company without ban? Or can I take any
action against the company?
bonk
If you resign then you will probably get a ban. If they haven't fulfilled the terms of the contract and
are not willing to negotiate then your first step should be to call the labour department or a lawyer.
zafan
Hi, I was an IT Engineer working under freezone vis a from DIC. I was working under this employer
for over 4 years. Then I received an offer from a Government company in Abu Dhabi. I got
everything ok from my company and I was under processing the visa from the Government
company. During the medical test with the government hospital they rejected my visa mentioning
that I have TB. And I was deported. When I tested from my home country I don't have any TB active,
but I have a history of TB about 20 years back. I have got a medical report from the local Authorities
and certified by the local UAE embassy. Can I apply for the removal of life time BAN on me? If so
how can I do it? Please advice.
kennedyvincent
hel i am working in dubai with engineer visa last 2 months and i have entered in to the limited
contract . at this moment as my company is struggling to get the profit margin they are planning to
close the division and already started terminating the people before probationry periods. at the
same time they ready to give NOC also whoever wishes. 1)will be there any chances to shift my
employer with this NOC 2) IF ban is imposed can be any chances are there to lift .
dbxsoul
Quote:
hel i am working in dubai with engineer visa last 2 months and i have entered in to the
limited contract
don't understand what you saying, are you still on a visit visa or have you actually signed a labour
contract?
if on visit visa (still) then you are not legally employed and can move without a NOC or ban.
normally if you terminate the contract within the probation period you'll be banned - sorry
DDS
Question, a company transferred to another freezone, a new trade license was created for the new
freezone area and closed the license of the previous one. What is the status of its employees as
they will need their visa sponsorship transferred to that freezone too and also since the previous
trade license was closed, the employees are being required to sign a new contract, new labour
card, etc. Are the employees entitled to be given their gratuities? Will they be considered new
employees hence the counting of their length of service with the company starts again at the
beginning or will it just be continued as such? What is the usual procedure for this kind of
situation? Thanks in advance for any helpful information out there.
dbxsoul
Quote:
Question, a company transferred to another freezone, a new trade license was created for
the new freezone area and closed the license of the previous one. What is the status of its
employees as they will need their visa sponsorship transferred to that freezone too and
also since the previous trade license was closed, the employees are being required to
sign a new contract, new labour card, etc.
essentialy the company has closed, and has opened as a new one, under a new license. this
means all staff are required to sign new contracts and are technically new employees. as the
business is in another freezone a new labour contract is required ( as the labour contract is
actually between you and freezone authority and not the company who employs you ). if the new
company was formed/ created in the same freezone then there would be no problem and no need
for a new labour contract
Quote:
Are the employees entitled to be given their gratuities?
this depends on the freezone regulations of the FZ in which you were employed, note they are
freezones and are NOT subject to exactly the same labour laws as people working in one of the
emirates - legally they are not part of the UAE or subject to federal laws. i have seen in some
freezones that there is NO provision made for employee gratuities, each FZ has its own
regulations.
Quote:
Will they be considered new employees hence the counting of their length of service with
the company starts again at the beginning or will it just be continued as such?
new employees
Quote:
What is the usual procedure for this kind of situation?
there is no usual procedure for this within a FZ, if it was in any of the emirates (and not a FZ) and
the company was closed and another opened with the same sponsor then you could simply
transfer from one business to another without loss of benefits (if any)
Thanks in advance for any helpful information out there.
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In contradiction to the underline above:

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