Unlock the Secrets of the New UAE Labor Laws: Visa Transfers & Ban Removals Explained

 The UAE labor landscape has undergone significant transformations in recent years, shaping a more dynamic, fair, and accessible employment framework. As businesses and professionals adapt to the evolving regulations, understanding the nuances of Federal Decree-Law No. 33 of 2021 is essential. This article explores key amendments, particularly visa transfers and the removal of labor bans, ensuring that individuals and employers are well-informed about their rights and obligations.

Key Changes and Current Laws

Federal Law No. 8 of 1980 vs. Federal Decree-Law No. 33 of 2021

The old law, which was in effect in 2009, included provisions related to labor bans and No Objection Certificates (NOCs). However, Federal Decree-Law No. 33 of 2021, which came into effect on February 2, 2022, replaced the old law and introduced significant changes to labor relations in the UAE.

Elimination of Blanket Labor Bans

Previously, employees could face labor bans preventing them from working in the UAE for a specific period after leaving a job. The new law has largely eliminated these bans, shifting the focus toward regulated employment contract termination and protecting both employer and employee rights.

Termination of Employment Contracts

The new law outlines specific conditions for terminating employment contracts, including notice periods and compensation:

• Article 42: Termination of fixed-term contracts by the employee.
• Article 43: Termination of indefinite-term contracts.
• Articles 45 & 46: Lawful and unlawful termination of contracts by the employer.

Visa Transfers

The process for transferring visas is now more streamlined, and the requirement for an NOC has been significantly reduced. The new law promotes labor market mobility, allowing employees to change jobs more easily.

Fees

• The "one-year non-completion fees" and "ban lifting fees" mentioned in older laws are no longer part of the current legal framework.
• Current fees related to visa transfers are determined by the Federal Authority for Identity, Citizenship, Customs, and Port Security (ICA) and the Ministry of Human Resources and Emiratisation (MOHRE).

Abu Dhabi Inclusion

The new federal law applies to all emirates, including Abu Dhabi. The previous distinction of Abu Dhabi being excluded is no longer valid.

Key Points from Federal Decree-Law No. 33 of 2021

• Creates a more flexible and competitive labor market.
• Emphasizes clear and transparent employment contracts.
• Strengthens worker protections and promotes fair labor practices.
• Makes job switching easier and reduces labor bans.

Summary

• The 2009 labor law provisions are outdated.
• The current UAE labor law, Federal Decree-Law No. 33 of 2021, has significantly changed labor relations.
• Labor bans have been largely eliminated.
• Visa transfer processes are now more streamlined.

For the most accurate and up-to-date information, refer to the official text of Federal Decree-Law No. 33 of 2021 and consult the Ministry of Human Resources and Emiratisation (MOHRE).

·       Ministry of Human Resources and Emiratisation (MOHRE):

·      This is the official government body responsible for labor affairs in the UAE.

·      Website: mohre.gov.ae

·      This website provides information on labor laws, regulations, services, and updates.

·       UAE Government Portal (u.ae):

·      This is the official portal for all UAE government services and information.

·      Website: u.ae

·      This portal provides information on various government services, including those related to labor and employment.

·       Federal Authority for Identity, Citizenship, Customs, and Port Security (ICA):

·      This government body is in charge of visa-related services.

·      Website: icp.gov.ae

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