The six-month labour ban in Dubai may be revised or scrapped

The six-month labour ban in Dubai may be revised or scrapped altogether, a senior official said. The move comes in the wake of thousands of expatriates losing their jobs in Dubai due to tough economic conditions.Abdul Razaq Qamber, training head at the Inspection Department at the Ministry of Labour (MoL), said the ministry is set to revise a ministerial decision imposing a six-month ban on expatriate workers, XPRESS reported.Employees working outside the free zones and who resign or lose their jobs are automatically slapped a six month ban, preventing them from moving from one company to another.Qambar was speaking during a discussion on workers’ wages held on Sunday at the Ministry of Labour in Dubai.

Six Month Immigration Ban to Continue in Dubai

Ministry of Interior used to put an automatic six-month ban on expatriates if they cancelled their employment / residence visas or left their jobs. The decision to lift the immigration ban that came into effect on 21 st August 2005 has brought some relief to expatriate community. It would enable the people to return to UAE on a visit visa even if they got a labour ban. The main advantage of the new decision is that people can still come back and visit their friends and relatives. But expatriates who violated the country’s Immigration and Residence Laws would still face the entry ban.
Article 6 of the Cabinet Decree No. 18 of 2005 annulled Decree No. 30 of 2001 pertaining to the entry ban. The Cabinet also authorized the Ministry of Labour and Social Affairs to put together necessary regulations to implement the decision on the ban.
Subsequently, iris scanning has also been stopped. Besides, the names of expatriates with cancelled visas will no longer be on the administrative lists nor will their passports be stamped with the ban. The ban to enter the UAE will only be applicable on expatriates who violate laws governing the entry and residence of foreigners. Such violators would face the entry ban administratively for a multitude of reasons and in line with existing laws and regulations.
Domestic help have been excluded ‘temporarily’ from the new decision and their case will undergo further scrutiny by the authorities.
But, the Ministry of Labour and Social Affairs will not issue a new work permit to workers whose visas have been cancelled unless at least six months elapse after the cancellation date of the worker’s labour card. The decision came in Article No. 11 of a Ministerial Order Decision No. 826 issued on 11.9.2005 by the UAE Minister of Labour and Social Affairs.
The six-month waiting period does not apply to government departments or free zones

Lifting Labour Ban In Dubai - is it possible

The Ministry of Labour has amended the labourers' Visa Transfer Law, which, I believe, are in favour of both - the labourers and the labour market. The ministry has ceased the previous condition that obligates the labourer to complete one year continuous service for his/her employer before being permitted to transfer his/her visa to another employer.

According to the new rule, the Ministry of Labour no longer requires such a condition. So, any labourer who has not completed a year's service for his/her employer may transfer to another employer after obtaining a No Objection Certificate (NOC) from the employer to transfer the visa to another employer, provided that the newly imposed fees should be settled. Such fees are called "the one year non-completion fees" which is calculated at the rate of Dh500 per month. For instance, if the employee continues a period of two months service only then he/she would be obliged to pay a fee of Dh5,000 for 10 months.

Now any labourer, who completes a period of three years service and who could not obtain an NOC, can resign and can approach the Ministry of Labour and the ministry - as per his demand - will cancel the visa and apply a six-month ban. With the new rules and upon completion of three years' service, this ban can be lifted and the employee can transfer to another employer without the need to obtain such NOC from the previous employer, provided that the newly imposed fees should be settled in addition to the visa transfer fees. Such new fees are called 'ban lifting fees'. Worth saying is that this new law is not applicable in Abu Dhabi but might be in the future. Therefore, the reader as per the new law will not have any problem as long as the company has promised to grant him a n NOC to transfer his visa.

Employee Banned In UAE

If an employee has been deemed an absconder, is the lifetime ban in effect to the whole of UAE or all the GCC countries?

The lifetime ban which may be imposed on the employee, is applied only in UAE, and is not applied in all GCC countries.

Sponsor’s nod not needed on visa transfer in six conditions in UAE

The sponsorship transfer will be granted without the need to get the first sponsor’s approval in six conditions. The ministerial order which came into effect from 10 th September 2005 in implementation of Article No. 5 of the Cabinet Decision No.18 of 2005 has specified six conditions when the Ministry will grant sponsorship transfer without the need for the sponsor’s approval :
· For unpaid workers in the private sector, the Ministry of Labour and Social Affairs will grant sponsorship transfer to them if their complaints of pending wages for three months or more are upheld after a joint investigation by the Labour Relations and Inspection Departments of the Ministry.
· If the worker filed a complaint to the Ministry which was later transferred to the Court, the Ministry will grant the worker a sponsorship transfer based on a relevant judicial order.
· Sponsorship transfer will also be granted by the Ministry in case of the closure of the company following the death of its owner. The closure should be documented before the Ministry.
· Sponsorship transfer will be granted by the Ministry should the ownership of the company be transferred to another establishment. This means that the worker of a sold company will be transferred by the Ministry without the approval of the seller, under the name given by the buying company. This is also applicable in case of mergers between companies. The ownership transfer of the company should be proved in documents before the Ministry. If part of the company was sold to another company, workers of the sold part of the company can be granted exemption for sponsorship transfer.
· The closure of the company against an administrative or judicial decision gives the Ministry the right to grant sponsorship transfer to the workers.
The Minister will endorse sponsorship transfer for cases that are recommended and submitted to him by the concerned departments of the Ministry.
The other conditions referred above in the first paragraph on this chapter should also be fulfilled.