Monday, December 20, 2010

Professional and skilled workers in three categories exempted from the six-month ban -Humaid Bin Deemas, Acting Director-General Ministry of Labour UAE

The new rules defined three cases in which the worker shall have the right to get a work permit without fulfilling the condition of working at least two years with the employer:
When joining his new job, the worker should be classified in the first, second or third professional class and that his salary should be not less than Dh12,000, Dh7,000 and Dh5,000 if he is in the first, second and third class respectively. (these three categories the first category covers skilled workers with university or post-graduate degrees, the second those with less than university degrees and the third category covers those with high school degrees) Non-compliance of the employer with legal and labour obligations towards the worker or in the event the worker has no role in terminating the work relationship;
Workers who complete at least two years of contract period will not need former employer's consent to switch jobs Beginning January 1, 2011, foreign workers switching jobs will not need a no-objection certificate from former employers as the Ministry of Labour will make the decision, a senior official said on Sunday."Workers, skilled and unskilled, who end their job contracts legally and complete at least two years of service, will get a labour permit outright," he said.
Previously, workers had to complete at least three years of service with the previous employers and had to obtain a no-objection letter to avoid a ban.
In the case of unskilled and semi-skilled workers, a company failing to honour its legal or contractual obligations will lose the right to stop them from getting other jobs. This includes not paying salaries for 60 days and not providing proper accommodation.Workers can also take up new jobs if the employer stops the business for economic or technical reasons and these workers report the closure to the Labour Ministry within 60 days.

Bin Deemas said "it is not the employer's right to approve or disapprove switching of jobs. It is his right that workers complete the job contract in the event of contracts with limited period."