Sunday, December 2, 2012

Exemption from six month Labour ban

 I have an MBA degree. I worked as a PRO with a company here for three months on a Secretary Visa. My company asked me to resign without any pre-notice grace period during the probation period. Is this right? Would I be liable to six-month ban? How may I avoid that?

During probation period, both employee and employer can terminate the contract. Therefore, it is valid for your employer to terminate the contract. Under the UAE law, if an employee leaves a job without completing two years, then the Ministry of Labour will impose a work ban for six months or for one year if it is imposed by the employer, during which time the individual is not allowed to work in the UAE. However, the Ministry the Cabinet Resolution No 25 of 2010 regarding internal work permit at the Ministry of Labour exempts the following three categories from the ban:

    In order to remove the ban, an employee must prove qualifications by presenting a duly attested educational certificate as mentioned herein 

(i) If an employee holds a university degree (Master’s), and earns a minimum salary of Dh12,000 per month; (ii) If an employee holds a diploma (post secondary) and earns a minimum salary of Dh7,000 per month; and (iii) If an employee has passed high school and earns a minimum salary of Dh5,000 per month.

    The contract is terminated due to the employer’s violation of legal and labour obligations towards the worker, or in case the worker has no role in terminating the work relationship.
    The employee is transferred to another company the employer owns or has shares in. Since, you are a Master’s degree holder and do not have any role in the termination of your contract, a six-month ban should not be applicable to you.