Can I EXIT From Other Nearby Country After Visa Cancelled?

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Can I EXIT from other nearby country after visa cancelled? Posted Jan 21, 2009
Dear Friends,

I filed my 30-days notice last 27Dec08. My MD told me that they will give me my gratuity as per Labor Law. But she insist that my air tickets for repatriation will on my own expense. It is correct? if yes, then i will just decide to exit from nearby country like Kish or Oman as it will cheaper. Is it possible for me to do it? should i inform my employer about that plan?

One thing more, i got a job offer from a new company which the MD and I has signed it. He told me that they can lift my 6-months ban as my current employer will not give NOC. He mentioned that the fees to lift the ban will be deducted from my monthly salary amounting to 500aed per month. It is reasonable? Do you have any idea of how much will be the total amount to lift the 6-months ban if I have worked from my current employer for 4 years and 10 months?

Hoping for your kind advise. God bless.


Regards.

Gents

gentilmail
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Posted Jan 21, 2009
Hi there, can you tell me what type of labour contract you are employed under and the terms of it extension.

It sounds like you have completed one 3 year contract and then extended it. At the end of the contract period the employer is responsible to pay the costs, the law does not state the circumstances where the contract has been extended beyond its initial period. Common sense would dictate that they pay for the ticket. If I were you I would call the Labour Department just to check.

The problem with exiting – particularly to Oman would be that your residency would have been cancelled prior to you exiting, as far as I can remember they no longer stamp cancellations on exit and this has to be done in town at the Department of Naturalisation and Residency prior to you leaving the country, the Omani authorities may not allow you in if your UAE visa has been cancelled, although I suspect they may allow it depending on your nationality and the ability for them to issue you a “visa on arrival” at the point of entry into Oman. Kish I don’t see as being a problem as plenty of nationalities transit through the island on visa runs and stop overs, I assume they have a much more lax position in this regard – particularly if you may be a transit passenger.

Where is the now job offer from? At present there is no mechanism (money or otherwise) in place to lift the ban once it has been placed on you. How sure are you that they are not going to simply let you work without a labour card? Are they in a Freezone? Also 500 a month for how long???? This offer sounds very suspect!
dbxsoul
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Posted Jan 21, 2009
dbxsoul, thanks for the quick response.

my current visa which will be cancelled is "unlimited". yes, you're correct, that my visa was extended automatically when it reached the 3rd year.

so, you are saying that the company in some way should shoulder my tickets home or somewhere else?

Actually, i got a job offer letter or we can call it appointment letter were the MD and I has signed it. you don't have any idea that there is the so-called "ban lifting fees"?

i need more clarifications on this...
gentilmail
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Posted Jan 21, 2009
Hi there,

I was about to reply that categorically no, no ban lifting law... but have just seen an article on the very subject - which does change a few things.

I’m attaching a link to the article. I will need to verify the contents of the article first as it has a lot a bearing on a lot of people in similar positions to you. I have also note that there seem to be a number of holes in the article, so need to dig a little more before I can post a definitive answer.

What the article does state

http://uaelabourlaw.blogspot.com/2009/0 ... is-it.html
dbxsoul
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Posted Jan 21, 2009
Ah... I see the problem..

The author of this article is quoting a previous posting from the Gulf News dated November 23, 2007 ... very out dated

http://www.gulfnews.com/uaessentials/as ... 69717.html
dbxsoul
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Posted Jan 22, 2009
dxbsoul, i have read those linked articles since before and that was my basis for the ban lifting possibilities. So, you mean to say by outdated, that ban lifting is not existing at the present? then it will be a very big headache for me...

btw, as i mentioned that i have submitted my month notice last 27dec08 and it will end on 26jan09. the question is, should i still need to come to work next day after i served the month notice?? but my employer haven't given me yet my end-service pay, cancellation papers for me to sign, my passport, and..ticket (if included).

hoping to get more advise from you guys...


Desperately yours,

Gents
gentilmail
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Posted Jan 22, 2009
Yes, the government stopped the "pay lifting" scheme ages ago. This system was in place when they had the double ban system in place (residency and labour).

You must only sign your cancellation papers after you have received your dues, if you do so before you may run the risk of not receiving your full entitlement from the company -- once you have signed it is acknowledgement that you have received everything.

Ensure that your gratuity is calculated correctly as well, as above once you have signed you have no claim if the money is incorrect.

If you are planning on transferring to another employer then why do you need a return ticket? The law is that it your current employer provides you with a NOC and you can transfer to a new employer, and then the new employer is responsible for the air ticket.

If you require a NOC to transfer there is no point in leaving your current employer with ill-feelings, they will simply refuse to give you the letter.
dbxsoul
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Posted Jan 24, 2009
anyway, i will just verify the "ban lifting" as i am hearing that it is still possible.

I wasn't able to get reply from you about the month's notice if in case i have served the 30days. Should i still come to my current employer to work the next day?

I checked my PRO if they will give NOC and he told me that company will not provide me one. Any advise what to do about this? after i receive my gratuity and after they cancelled my visa then what is my next step?

thanks
gentilmail
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Posted Jan 25, 2009
gentilmail wrote:I wasn't able to get reply from you about the month's notice if in case i have served the 30days. Should i still come to my current employer to work the next day?

I checked my PRO if they will give NOC and he told me that company will not provide me one. Any advise what to do about this? after i receive my gratuity and after they cancelled my visa then what is my next step?

thanks


Dxbsoul or to whom it may concern:

still awaiting for any advise regarding the above quote. Thanks
gentilmail
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Posted Jan 26, 2009
gentilmail wrote:
I wasn't able to get reply from you about the month's notice if in case i have served the 30days. Should i still come to my current employer to work the next day?

I checked my PRO if they will give NOC and he told me that company will not provide me one. Any advise what to do about this? after i receive my gratuity and after they cancelled my visa then what is my next step?

thanks



the company is not obliged to provide you (or anyone) with a NOC, you cannot demand one.

have you visited the labour department yet regarding the ban and the duration of your contract? you need to clarrify this with them as your contract was extended beyond the initial 3 year period - you may be able to get out of the ban - but check this at the department of labour first!

your next step would be determined by whether you were going to be banned or not!

i would also ask your employer for written confirmation that they have your resignation.
dbxsoul
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Posted Jan 27, 2009
dxbsoul, just this moment, my manager told me that i cant leave the my work even i served my 30days notice, which ends yesterday (26jan09). she told me that only when she says that i can leave then it will only be the time i can. she told that she still dont have repalcement for me, that's is why she's not allowing my reasons.

pls guide on this matter. i losing my patience with them. they making me a fool.

urgent. thanks
gentilmail
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Posted Jan 27, 2009
Tell your employer that you have phoned the Labour Department (this normally gets their attention). They have advised you that, in terms of Article 117 of the labour law you have provided them with 30 days as per the regulations governing unlimited contracts and that they are to start processing your cancellation papers immediately.

Tell her that they have advised you that if the process is not started within 3 working days that you are to present your case in person at the Labour Department Offices.

This should get her attention.

You must however realise the following:

1. you will not receive a NOC letter from your employer
2. you will have 30 days to exit the country once they have cancelled your residency visa
3. you will be banned from employment for a period of 180 days from the cancellation of your labour card.

The relevant wording for the article is as follows:

Article 117
1. Either the employer or the worker may terminate an indefinite term contract for a valid reason at any time following its conclusion, by giving the other party a notice in writing at least 30 days prior to termination.
2. For the daily-paid workers, the notice period shall be as follows:
a- One week: if the worker has been employed for more than six months but less than one year.
b- Two weeks: if the worker has been employed for not less than one year.
c- One month: if the worker has been employed for not less than five years.
dbxsoul
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Posted Jan 28, 2009
dxbsoul, that was a very clever idea. It was proven that after 30days notice expire, i can cancel and leave my old employer as i did approached this morning the MOL to verify with them.

But i was informed regarding the gratuity pay, labour customer service told that if in my case, i worked for 4yrs and 11months with the company, i should only get 14days for each year of service, while if i completed 5 straight years i would get 21days for the calculation and 30days computation of completing 8yrs of service. i was shocked by this changes. i read many articles and asking many experienced individual, but from that point of going to MOL, everything was changed.

Can you please again help me with this, my mind cannot bear the contradictions of the gratuity calculation...

what i do?
gentilmail
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Posted Jan 28, 2009
They are quiet correct regarding the gratuity payments:

I had written a brief article on it and will paste it below for you to see how the calculation is performed and the criteria on which it is paid out.

Gratuity payments are mandated by UAE law; this means that the company has to pay an employee a severance (also called End of Service Benefit) on successful completion of his/ her contract. As there are no pension provision payments under UAE Law for contractors, gratuities serve as an additional encouragement for the employee to finish the full terms of their contract.

Benefits are calculated as follows:
• Twenty one day’s pay for each year of the first five years of service
• Thirty day’s pay for each additional year (after five years) provided that the entire total benefit shall not exceed two years pay

As mentioned above in the section on Labour Contracts, the gratuity payment is calculated on the last, basic salary of the employee and does not include any monies that are received but regarded as perks. For example if an employer pays you 1,000 per month towards accommodation and it is listed as such in your contract, then it does not form part of the gratuity payment calculation.

Gratuity payments are determined by the type of contract you are working under.

Unlimited contract workers:
If the employee leaves the employer of their own free will after successfully completing not less than one full year and not more than three they are entitled to a 1/3, for service of between 3 and 5 years 2/3, and after 5 years a full gratuity payment.

Example:
Unlimited contract
Basic salary of 10,000 per month
Worked for 4 years

= 10,000/30 days * 21 days = 7,000 per year worked
= 7,000 * 4 years = 28,000
= 28,000 * 2/3
= 18,666

Of course the calculation has been simplified and does not take into account part-year payments (e.g. 4 years and 3 months).

Limited contract workers:
Workers employed on Limited contracts who leave their employer before the end of the contact terms are not entitled to a gratuity payment, unless they have been employed for longer than 5 years, which is normally indicative of a contract that has been extended for over one term.

Note:
If an employee is dismissed lawfully from work under any of the clauses in Article 120 of the Labour Law (see above), they are not entitled to any form of gratuity whether they are on a Limited or Unlimited contract.
dbxsoul
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Posted Jan 28, 2009
:oops: after all the confidence...it's suddenly gone... i will just try to find a way to extend my notice period,,:thumbleft: by the way, can i extend my notice period and inform them about my decision? anyway, they are trying to tell me that i can't leave without replacement. possible? :crybaby:
gentilmail
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Posted Jan 28, 2009
mmmm.

you could possibly, go to your manager and tell her that you feel bad about leaving under the circumstances, and would work on for another month to help them out (so that they could find a replacement).

depends if you have told them about your trip to the MOL already...
they may not already have worked out how much money it will cost them to have you working the full 5 years out!

:) good luck, let me know i'm always interested to see how things turn out.
dbxsoul
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Posted Feb 02, 2009
dxbsoul, just to inform you that i agreed to extend my notice until 10feb as the company still trying to find for my replacement, hope everything will turn right.

wish me luck...
gentilmail
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Posted Feb 02, 2009
good luck!
dbxsoul
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Posted Feb 08, 2009
dxbsoul,

hi!

can my employer force me to go to my home country once they have cancelled my employment visa?? if yes, on which article and same if no. thanks.

this is an urgent case. now they are telling to make booking for myself.
gentilmail
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Posted Feb 08, 2009
hi there, once they cancel your residency visa you have 30 days to leave the country before you can start being fined or even arrested and depoerted. as there is no residency ban you can immediatly apply for a visit visa once you are out of the country.

i suggest the ony way that you can possibly stay in the uae is to try and find employment in one of the freezones - although this does not automatically mean that you may be elligible to work there.
dbxsoul
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Posted Feb 10, 2009
dxbsoul,

my employer keeps on insisting that they will cancel only my visa before my departure. should i tell them i have an offer from another company so it might stop them from making their dark plans for me?

only i need them to cancel my visa, to brief, i worked with them for 5 straight years, my visa is unlimited, i have a good offer from a company, i didn't told them that im resigning because of joining new company as i know that they will not give me NOC and they will not think of something else.....

im losing my patience. i want to send you the email exhanges but the forum is not allowing me.

pls tell me what to do. i losing the chance to join the new company :((
gentilmail
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Posted Feb 10, 2009
Hi there. First thing, don't confuse visa with labour card. These are two sperate things....

The ban is placed on labour after the labour card is cancelled with the department of labour.

The visa (immigration/ residency) is normally cancelled at the same time as the labour card, BUT you have 30 days then to exit the country before you become illegal.

Tomorrow! First thing, go to the Labour Department - first thing check about your 5 year service, if you have completed this then there should be no ban for you - even if they try to cancel your card. Please check though. if you can confirm with a labour officer that the ban will not be imposed on you then you could approach your employer and request a transfer, if they refuse you could probably still have a new labour card issued without the ban.

The reason I suggest that you go to the labour department is that they have a set of implementation guidelines which relate to how the law and bans are implemented - this is not covered in the Labour Law and is interpretation.
dbxsoul
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Posted Feb 17, 2009
dxbsoul,

i already filed a complaint with labour. they set an appointment with my employer on 26feb. hopefully, everything will turn out well and will not be feeling any regrets. im just worried that they might consider me as absconding but i just followed MOL hotline told me that idont need to come to my old office as i already served my notice for resignation.

Hope you could give more guidelines on what i have just did.

God bless.
gentilmail
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Posted Feb 20, 2009
A word of advice at this point. Once the complaint has been laid and your employer notified you have then moved past the "point of no return".

I could suggest the following (I have done it before and it worked!) approach your current employer and suggest that it they provide you with a NOC and sign a transfer letter (assuming you have a position to go to), then you will re-tract the case at the Ministry of Labour.

Make sure that you have all the letters from your employer first though, the signed transfer papers, the NOC and the signatures on the company labour cards before you withdraw the case!
dbxsoul
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Posted Feb 23, 2009
dxbsoul,

can u tell me if the MOL will be the one to inform my employer about the scheduled appointment regarding my complaint? or i should be the one to tell my employer directly that i filed a complaint in MOL?

When i went to MOL and filed complaint, they gave me a letter (stamped by labour) saying that on 26feb i should come to labour office to meet with my employer.
gentilmail
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Posted Feb 23, 2009
hi there, yes this sounds about right. they normally start off with the letter calling the employer to an arbitration meeting. the employer/ sponsor has to appear in person not his/ her PRO. if they don't turn up for the meeting the next step is they issue a Federal Labour summons on the employer, if the employer does not turn up again they are within thier right to send the police to collect him/ her as it is then a Federal matter not a local Dubal MOL matter.

I went through this process before and simply kept a copy and handed the original to my employers secretray to pass on to him. From what I remember they did not issue him with a copy directly.

How did they recieve your complaint? Did they sound sympathetic?
dbxsoul
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Posted Feb 24, 2009
dxbsoul, hi, i just did what u have just made before as what u mentioned
above. but my office didn't bother to accept the letter. i ask somebody to give it to them and asking to sign a copy and they insist not to accept it, they want me to give it to them directly.

i just send them the letter by fax and kept a copy of the sent report.

im very depressed now. i getting tired of their games.
gentilmail
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Transfer of Job Posted Mar 09, 2009
mumbaiexpress
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Posted Apr 05, 2009
I was banned by my previous employer too. What I did:

1. Ensure that my resignation letter was received by the employer representative (our HR in this case) to prevent them from claiming that I have absconded.
2. I've worked for 2 years in this company on unlimited contract and coz no NOC, was given a ban of 6 months automatically by the Labor Dept.
3. A week after the end of my 30 day notice period (I have stopped coming to work altogether), my previous employer cancelled my visa and released my end of service entitlement at the Labor Office itself. The officer at the Labor Office will usually ask you if you got your money before they would stamp the cancellation. My employer, being aware that my resignation is signed and therefore accepted by them, have no choice but to cancel my visa. A colleague who also left them was not successful in getting the resignation signed, instead he presented the letter to the Labor Office and the Labor Office send them a letter to appear in their office and thus my ex-employer, having have enough of this case, again was forced to cancel his visa and yes with ban.
4. After cancellation, the employee have 30 days on which to change his/her visa either to employment or visit visa. I got mine changed to employment visa 2 days before the 30 days expires (yes, I freely roamed around UAE during these time). I was asked to exit though to change my visa but bringing with me the original employment permit and was only on airport to airport (meaning I came back to Dubai at the same day). Yes I did pay for the airfare, but eventually, my reimbursement for the airfare was approved and I got my money back.
5. How our PRO (he's a local) left my ban, I have no idea, he just give me the employment permit and asked me to get on a plane as he does not have enough time to have my employment visa stamped on my passport. He did told me though that I gave him lots of headache :lol:

I hope this helps.
LizaMarie
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