59A7D41EB44EABC4F2C2B68D88211BF4 UAE Visa Rules & Procedures - UAE Law Updates for 2025: #UAELabourLaw #EmploymentMobility #GoodbyeBan
Showing posts with label #UAELabourLaw #EmploymentMobility #GoodbyeBan. Show all posts
Showing posts with label #UAELabourLaw #EmploymentMobility #GoodbyeBan. Show all posts

Thursday, October 28, 2010

No More 6-Month Ban: UAE Labour Law Prioritizes Employment Mobility

This detailed, multi-layered article from around 2010 provides a great snapshot of the UAE's employment and residency rules during a period of significant transition (post-2005 ban lifting, pre-2011/2022 Labour Law).

All the specific ban durations (6-month, 1-year, etc.), the role of the Ministry of Interior in employment bans, the concept of the NOC, and the exact ban lifting fees mentioned are now OBSOLETE.

The current framework, established by the Federal Decree-Law No. 33 of 2021 (the UAE Labour Law), simplifies and liberalizes employment mobility, effectively removing the automatic bans described in the article.

Here is an analysis and update of the core concepts presented in the article:


🚫 UAE Employment Mobility & Bans: The New Era (2025 Update)

The specific rules regarding automatic 6-month and 1-year labour bans imposed by the Ministry of Labour (MoL, now MoHRE) are no longer applicable under the Federal Decree-Law No. 33 of 2021. The current law prioritizes employment flexibility and simplifies the process of switching jobs.

1. The Employment Ban (Work Permit Restriction)

2010 Context (Article)

Current (2025) Law & Status

Automatic 6-Month Ban: Imposed on most workers who resigned/cancelled their visa.

ABOLISHED. The automatic ban is removed. An employee can switch jobs immediately after the notice period or cancellation, provided the termination was legal.

NOC (No Objection Certificate): Essential for avoiding the ban if leaving an unlimited contract early.

ABOLISHED. The NOC is no longer required for an employee to transfer their work permit to a new employer.

Ban Lifting Fees (AED 3,000-6,000): Paid to lift the automatic ban.

ABOLISHED. Since the automatic ban is removed, there is generally no ban lifting fee for a standard job change.

Ban Exceptions (Engineers, Accountants, etc.): Certain professions were exempt from the ban.

ABOLISHED. The list of exempted professions is irrelevant as the general ban is removed for all.

2. Immigration Ban (Entry Ban)

The distinction between the Employment Ban (MoL/MoHRE) and the Immigration Ban (MoI/ICP) remains valid, but the rules are clearer.

  • Criminal/Security Ban (Permanent): STILL APPLICABLE. An entry ban is still imposed by the Public Prosecution or Judiciary for criminal offenses (theft, fraud, drug offenses, etc.) or serious national security violations. This is a permanent ban and is monitored via the Integrated Systems (including eye scanning).
  • Immigration Violation Ban (Absconding/Overstay): STILL APPLICABLE. If an employee is reported as absconding (leaving work for more than 7 consecutive days without a legitimate reason), they face a Work Permit Restriction (ban) and an entry ban (often for a year) and must pay fines. Overstaying a visa also results in daily fines and may lead to a temporary ban upon exit.

3. Domestic Help (Exclusion in 2005)

The article noted domestic help were temporarily excluded from the 2005 ban lifting.

  • Current Status: Domestic workers are now covered under Federal Decree-Law No. 9 of 2022 Regarding Domestic Workers. They have specific rights and contracts, and their transfer procedures are governed separately, though the overall trend is toward greater flexibility and protection.

4. Current Job Change Requirements

Under the new law, job switching is based on the notice period specified in the contract:

Contract Scenario

Requirement to Switch Jobs

Unlimited Contract (Pre-2022):

Serve the full notice period (minimum 30 days, maximum 90 days) agreed upon in the contract.

Fixed-Term Contract (Post-2022):

Serve the full notice period (minimum 30 days, maximum 90 days) agreed upon, provided the employee has completed the probationary period.

Termination during Probation:

No ban if the employee gives 14 days' written notice to switch to a new employer in the UAE, or a 1-month notice if leaving the country.

Key Takeaway: For workers who terminate their contract lawfully (serving the notice period), the automatic labour ban is eliminated, allowing for seamless job switching.