59A7D41EB44EABC4F2C2B68D88211BF4 U.A.E Visa Rules and Procedures-Law updates -free legal advice: One-year ban will be imposed on offenders of labour and residency laws- Ministry of Labour

Friday, January 7, 2011

One-year ban will be imposed on offenders of labour and residency laws- Ministry of Labour

Workers in the private sector, who have a one-year ban imposed on them by the Labour Ministry for violating labour or residency laws, need to complete the ban before being able to apply for a new job, ministry officials have said.

Officials at the Ministry of Labour's Open Day yesterday said that the one-year ban is different from the six-month ban imposed by the ministry.
The ministry clarified that no automatic six-month ban will be imposed on workers who leave their jobs but a one-year ban will be imposed on offenders of labour and residency laws, including violating labour laws, or breaking an employment contract.

Last month, new rules were issued by the labour ministry allowing a worker to switch jobs after the end of his employment contract without requiring a no-objection certificate to avoid a six-month ban.
Officials have clarified that the new rules have nothing to do with other bans.

During the Open Day, many employers requested the ministry to reduce fines imposed on them citing a lack of awareness.The ministry declined to cancel the one-year ban imposed on four workers Thursday because they did not yet complete the ban period, even if one or two months were left to complete their one-year ban period. According to Aysha Bilharfya, Director of the Department of Labour Office said that there was no exemption on ban issue.

She said the ministry will not remove the ban for any worker before a year from the date of the ban, noting that there were no exceptions in this regard.
She said that the ban imposed on workers who offend the labour law is different from what used to be called "Ministry of labour six-month ban," which is cancelled by the new decisions and allows a worker who is ending his or her work relationship with the current sponsor to obtain a new permit and move to another company.

5 comments:

Dubai Explorer said...

I am in favour of this ban...rules are not meant to be broken and people should be careful and should abide by the law
Anne @ Dubai Furnished Apartments

Anonymous said...

Hi!

I am working as an Office Secretary in a private company in Dubai, UAE under a limited contract which will expire this July 2011. Last October 2010 the company gave me a final written notice that they will reduced my salary to AED1,500 due to cost-cutting but at the same time they are giving me the chance to find another job or to cancel my visa as per my choice. We verbally agreed that at the end of 2010 and if I cannot find a job they will cancel my visa. Prior to end of 2010 they called me and told me that they are offering me the job with the same salary (AED2,500). I verbally refused it since the position they are offering me is different from before. Come 3rd of January I came to our office for cancellation of my visa but the PRO/HR told me that I have to provide a resignation letter.

I would like to know if what are my legal rights on this case?Can I provide them resignation?Can I ask them or the ministry to cancel my visa due to what happened? Please I need your advise and reply.

Anonymous said...

Dear If you are not intrested to renew your contract after the expiry of 3 years, you can search for new job

jamsheed said...

i got 1 yaear autamtic ban after removing case against the company from dubai cort ..i had only 20 days left to renew my visa .please advise me how can i apply for new visa ..i have gradutaion also ..please email me : jamsheedhamza@gmail.com

Anonymous said...

REPLY TO: Anne@Dubai Furnished Apartments
Ms. Anne I worked in a company with an employer who deceived me and made me pay for my own ticket when I came to the country then I found out that this is against the law. Then she refused to give me a salary certificate for no reason and hence banks refused to issue a cheques book for me so I couldn't rent a flat and I had to sleep at people's houses for 9 months, she treated me like a slave even in my free time my mother would call me from my country and she wouldn't allow me to answer the phone, I want to go to the bathroom she wouldn't allow me and finally I couldn't bear it anymore and I complained to the ministry of labour and not only that but I showed them the evidence that all what I said is true, they still told me you will get a 1 year ban if you resign!!! I was brave enough and I insisted on the resignation and on the 16th of August I have to go and sign some papers in the MOL stating that I agree to leave the company and get the 1 year ban. I would like you to also know that I have paid my company 45 days of my gross salary as a compensation for resigning and still I am getting the ban on the 16th August I DON'T CARE ABOUT THE BAN EVEN IF IT WILL BE FOR THE REST OF MY LIFE!!! I am a faithful Muslim believer and I know that He is Allah who grants food, shelter, money and dignity and it's NOT the mol. And one simple question, if I have paid such a large compensation to my ex-employer, why should I be looked upon as someone who has breached the law? By the way, I found a better job in JAFZA south where the ban is NOT applied as it's a free zone and I still didn't accept the offer as I feel really bad about the injustice in this law and I am thinking seriously of refusing the job and returning back to my country; I feel offended being an expatriate; you should also know that if a local breaches the contract a ban will NOT be applied on him...you said in your comment, "rules are not meant to be broken and people should be careful and should abide by the law" well, you should just change the word "people" to "ONLY EXPATRIATES SHOULD ABIDE BY THE LAW" ...Some people will not be ashamed of themselves and answer in an aggressive way, "well if you don't like it go away, this is our country and we are free to do what we want. Also, you should know that as Muslims, our religion Islam does not allow us to do any kind of injustice to any living soul, be it a human, animal or whatever, EVEN IF THIS INJUSTICE WAS ON OUR OWN LAND, IN FACT ISLAM STRESSES ON THE FACT THAT STRANGERS SHOULD BE TREATED WITH RESPECT AS THEY ARE GUEST. You should also know that Islam is proudly the first religion that allowed slaves to free themselves from their masters through a system called "Al Mukataba" where a slave would compensate his master with some money and gets his freedom WITHOUT A BAN!!! And I have already paid 45 days which is a large sum of money and I am still getting a ban which means that this law treats expatriates less than slaves!!! I have expressed my opinion freely without offending anyone. I hope we are in a democratic country and no one would harm me...my name is Samar Ibrahim, my number is 0567836926, I live in Nahda near Zulehka hospital and I am not afraid. A One last thing I want to say, if you think we should respect this law then think twice as this law does not respect the Islamic religion nor does it respects human rights...this law regulates slavery but in a modern way and finally I say may Allah protect me from any harm, I am going on the 16th August to sign on my acceptance for the ban and I am not retreating back in my decision...Allah is there watching and ENOUGH IS ENOUGH!!!