59A7D41EB44EABC4F2C2B68D88211BF4 U.A.E Visa Rules and Procedures-Law updates -free legal advice: How to overcome the six-month labour ban in UAE

Monday, August 8, 2011

How to overcome the six-month labour ban in UAE

Employees who have been slapped with a six-month labour ban for breaking their contracts before the expiry of two years can work for a new company, provided they hold at least a high school diploma and have been offered a good position and salary by the new company, employers were told by the Ministry of Labour .
To lift the ban, an employee should have been offered a minimum salary of Dh5,000 for high school graduates, Dh7,000 for diploma holders and Dh12,000 for bachelor's degree holders.The salary must be mentioned in the labour contract.
No fee will be imposed for lifting the ban when these conditions are met, Ali Al Shehi, Senior Administrator at the ministry, said in a seminar held to inform employers about their rights and duties as well as recent ministerial decisions.

"We are still imposing the six-month labour ban on employees who quit their jobs before completing two years of service, but the ban can be lifted if the new employer offers the candidate a good position and an appropriate salary," he said.

The new employer needs to submit the employee's educational certificate, which does not need to be attested at this stage. It will be scanned and entered into the Tas'heel system, and a new labour permit will be issued accordingly.
Al Shehi told employers that as of January 2012, company categories will have a different scale when it comes to labour permit applications.
"When a new company is registered, it will be charged Dh1,500 for each of the first four work permits to be issued to the company, which corresponds with category B2," he said.
Afterwards, the company can move up or down categories B1, B2 or B3, or C depending on its activity, the number of employees it hires, their qualifications and diversification in the nationalities of workers.
Companies in B1 category pay Dh600 per work permit, while B2 companies pay Dh1,500 and B3 companies pay Dh2,000 for each permit.
Diversification
"This step aims to encourage diversification and hiring employees from various nationalities, so companies who hire workers from one nationality will not be upgraded, while those that hire from more nationalities will move up to categories B3, B2 and so on," Al Shehi said, adding that companies will also upgrade their categories by hiring skilled workers.

He advised people who want to start new companies to check their sponsor's record at the Department of Economic Development to ensure that their record is clear and they have no other companies facing problems, which will hinder their application.

"The sponsor of a company has to clear any outstanding dues or labour issues before he can sponsor another one, so we advise those who want to open a new business to look for a sponsor who has no other companies registered under his name," Al Shehi said.

22 comments:

Anonymous said...

I have been working for a company for almost 6 month but im having problems with the managment and i want to change my job my visa states Sales Executive (high School Education Certificate) and 12000 Salary on labor contract but if i submit my Diploma which i got in UAE can i get a higher designation? and i got a better salary will this lift the ban?

Anonymous said...

It is not clear from your question,you are under limited contract or unlimited contract. If you are under unlimited contract you can search for a better job and ensureing that tou can give one month notice and try for a change

Anonymous said...

Hi, I am working for a company for 1 year and 7 months. I am a MBA graduate, Currently i got an offer with a new salary for AED 8000 per months. Do i still get Ban and can i lift the ban according to new law. Since minimum salary of AED 12000 required for degree holders ?

Anonymous said...

Dear you are getting a salry of 12000/ and completed only 6 months. Without finding a better job with heigher salry you will get 6 month ban. Degree or dipolma certificates are not enough to lift the ban. you must find out a better job and you must submitt your educational details to the employer enable him to submit visa request

Anonymous said...

Just some clarification on rules regarding holding of residence visa…Once you had a residence visa sponsored by a certain company, is it possible to work in the other company using that residence visa of the former company??? Or are there penalty or sanctions for these act?

Anonymous said...

Labour law not permiting you to work for another employer

Anonymous said...

if its like that then what probable sanction would be imposed on such as i know someone who does this thing

Anonymous said...

.. this is good for those who wanted to quit their job before 2 years.. but.. what about those who got terminated before 2years bec of company closures? they said to obtain a proof that the company closed. however, these companies may close but it wont happen after a few months. and people cannot wait until that time.. we have to have job replacement asap.. so what about this kind of case.. is there an exemption?..

Anonymous said...

i m working in Sharjah and my company opening a new branch in other emirate, and ask to work there frm next month. i heard that, to working other emirate under same company, should obtain new visa and labor card for the same emirate.
is it true or false?

Anonymous said...

if you tip someone who is working in visa's other than the employer specified on such visa, would they be apprehended?? be given penalties or fines??

Muhammad said...

Hi, I was working in sharjah and I had completed my 3 years and after that I changed my job. I got the new job (Ajman) and they give me the Visa also but it was stamped in my passport because I've to take the exit but unfortunate there was some personal problem with the manager and he told me that he will cancelled my Visa. Now i am in my country and wants to come UAE again, in this case is there a 6 months ban on me or i can get the visit / employment visa without any charges?

Anonymous said...

I am under limited contract and working for 1yr and 9mos. We have a problem with the company for not paying our holidays and overtime that is why i filed a complaints against them so in return they start to make my life miserable if i resign or terminated do you think i can lift my ban by searching for a 5,000 salary? If i found, do i still need NOC? How much do i need to pay my ban? Please help me on this matter. Thank you

Irfan Awan said...

i am working in security company for last two month,i want to change my job.my contract is unlimited.i have high school educatin certificate,if its possible that after six month i get a chance to job salary 4000 AED.can i resign from my current job with out any debit

yamz said...

my boss deducted three days salary from me because I didnt come on the 3rd of December (union day day off)
also I ve been working here for 1 year and 7 month but he refuse to give me my annual leave...
he also make me work on his wife's other company while my visa is on his company..
I want to change this job but i fear the 6 month ban.
what can I do?

hamdan said...

they want me to pay 8,500 to get an NOC and change my job
I ve been working for 1 and a half years as an engineer but never took my annual leave because they refused give leave salary with it.
can I sue them and leave my job without a ban?

Anonymous said...

Hi,

I have a 6-Month ban as i didn't complete 2 years. however, i have an offer with another company and they will give me 5,000 Salary. I dnt have my HS-Diploma with me. they only asked for my TOR which is being attested by both UAE embassy here and in the Philippines. would the labour office allow them to issue a work permit for me?

yes said...

i havebeen working in sharjah last 6months now company will close some financil problem thn i have serching new job company will agree thn what i have facing 6 month ban

Anonymous said...

hi..im a nurse, and currently working as company nurse in ABUdhabi,my salary is 5,ooodhs,and my contract is unlimited,can i file a resignation after 1 year,and apply other comapny with good ompensation as nurse,since my contract to my sponsor is 2 years,and they do not give me my overtime payment.please reply.

Anonymous said...

As per rule you must complete two years , otherwise you will attract 6 month labour ban. If the company is not paying the overtime, please contact labour department
Regards

Anonymous said...

hi..is there a way i can acquire a copy of a visa cancellation from the ministry of interior/immigration? my previous company from where I resigned, they completed my cancellation and i received my passport w/ the visa cancellation stamped and the labour card cancellation copy. the only thing missing is the visa cancellation copy from the Ministry of Interior which until now they are not giving. please advice as this is my last required document for a new work visa. Thanks in advance.

Anonymous said...

hi..is there a way i can acquire a copy of a visa cancellation from the ministry of interior/immigration? my previous company from where I resigned, they completed my cancellation and i received my passport w/ the visa cancellation stamped and the labour card cancellation copy. the only thing missing is the visa cancellation copy from the Ministry of Interior which until now they are not giving. please advice as this is my last required document for a new working visa. Thanks in advance.

Anonymous said...

hi..is there a way i can acquire a copy of a visa cancellation from the ministry of interior/immigration? my previous company from where I resigned, they completed my cancellation and i received my passport w/ the visa cancellation stamped and the labour card cancellation copy. the only thing missing is the visa cancellation copy from the Ministry of Interior which until now they are not giving. please advice as this is my last required document for a new working visa. Thanks in advance.