Wednesday, August 22, 2012

Six-month ban

A reader from Dubai asks: I am confused about changing my job from the present company. I will complete two and a half years by the end of this month [unlimited contract]. If I get a new job, is the six-month ban applicable on me even after getting an appointment letter from the new employer? What is the fee I'll have to pay to lift my ban? After giving my one month notice, for how many months can the company retain my services? They are saying that they will cancel my visa after getting a substitute.

In case of resignation and termination of the work by the questioner, the Ministry of Labour will automatically impose a six month ban and the appointment letter with the new employer will not be considered before the Ministry of Labour, unless the questioner obtains a No Objection Certificate from the present sponsor for transfer of the sponsorship, as well as after paying the said ministry fees, which may be about Dh5,000.

As for the duration in which the company retains the questioner; after giving the one month notice of resignation, the questioner's relationship with the employer expires by the end of the notice period, and the company has no right to ask the questioner to continue working after such a duration, unless the employee agrees to increase the duration of notice, as per article 118 of UAE Labour Law.

The questioner is not responsible for the substitute that would replace him at work, but we advise the questioner to cooperate with the company in this regard, to enable him to obtain the No Objection Certificate to transfer the sponsorship in return for such cooperation.

Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants