dbxsoul
- MaaaD wrote:
- dbxsoul wrote:
- arniegang wrote:
Our forum will miss you very much Soul
:cry:
:cry: thursday's d-day. they are packing up my stuff tomorrow and monday
:cry: i know you will keep checking on us here ..
damn straight, with the meaninless ramblings of alina, dave and habiby around everyone can sound like a rocket scientist! :lol:
sigh, i wonder if they shared a test-tube?
MaaaD
- dbxsoul wrote:
- arniegang wrote:
Our forum will miss you very much Soul
:cry:
:cry: thursday's d-day. they are packing up my stuff tomorrow and monday
:cry: i know you will keep checking on us here ..
dbxsoul
- Gene wrote:
With the differing versions from agent & companies etc. on the labour regulations in Dubai on employment ban, I am hoping someone here could shed some light on this topic.
First of all, my understanding on the labor regulations are as below:
1. The Ministry of Labour & Social Affairs issues the employment visa while the Ministry of Interior or Immigration issues the residence visa.
yes
2. The approval of the employment visa is followed by the approval of the residence visa.
yes
3. The Ministry of Interior or Immigration does not impose any ban on expatriate employees anymore with their circular issued on 21/8/05. They have left it entirely to the Labour Ministry to ensure that labor laws are upheld by employees.
yes, unless the person is dismissed under any of article 120 of the labour law, which may result in a fine, inprisonment, deportation and or a combination of the former - and which is normally followed by a permanent black listing from ever entering the uae. previously they blocked the passport number in thier system which resulted in people re-entering the country with newly issued passport (or under a new name), they now employ retina scanning on deportation.
4. When an expatriate employee resigns from a private company to join another company, he either has to cancel or transfer his visa. He may be liable for a 6-month or 1-year ban by Labour if he doesn't comply to laws set out by the Labor Ministry during cancellation or transfer.
yes, a mandatory 6 month labour ban. there was actually a piece about this specific issue in todays gulf news. the 1 year ban is only imposed if the person trys to circumvent the system (and is caught) or works within the 6 month ban period and is caught
5. The criteria to be met for transfer and cancellation is different. It is becoming increasingly complicated and difficult for the transfer of visa. The easier option today is simply to cancel and re-apply.
it's not that difficult, you have to have spent a minumum of 1 year with your current employer and obtain a certificate of no objection from your current employer to move to the new employer
the 6 labour ban can now be squashed/ quashed or made to dissapear on application for a new labour card under a new sponsor. it costs between 5000 and 6000 AED. in my humble opinion it is simply a way to inflate the coffers of the "department" nothing more
With the above understanding (if they're correct), my queries are as follows:
1. Can an expatriate employee get a 1-year ban from Labour if he has not completed 1 year of continuous work with a private company in Dubai when he cancels his visa (not transfer). I can't seem to find this clause anywhere in the regulations.
yes - this would be deemed as having broken the contract, which would incure a 1 year ban. check the type of contract which you have (limited or unlimited) as it may have financial implications for you as well!
2. If he receives a ban from Labour, is the ban applicable or enforceable when he is joining a company under the Ports, Custom & Free Zone Corporation.
no, you cannot be banned if you are joining a fz company or if you change between two companies in the fz
3. Is there a help desk in the Labour Ministry where someone can consult a labour officer on his particular case prior to any cancellation of visa to avoid a ban.
ha-ha-ha....
what i would suggest though is to take trip personally to the department of labour offices, they have labour consultants on hand who can answer queries/ questions or complaints. i have had to make use of them in the past and have found them to be very helpful and supportive.
some other tips: get there early in the morning and be prepared to spend some time there, if possible get an arabic speaking person to go with you to help with the translation - they do speak english, but i found that it helps with regards to interpretation, be polite and respectful and they will do anything they can to help you, be obnoxious and demanding and hell will freeze over long before you get helped!
Any light on this topic would be greatly appreciated.
Gene
With the differing versions from agent & companies etc. on the labour regulations in Dubai on employment ban, I am hoping someone here could shed some light on this topic.
First of all, my understanding on the labor regulations are as below:
1. The Ministry of Labour & Social Affairs issues the employment visa while the Ministry of Interior or Immigration issues the residence visa.
2. The approval of the employment visa is followed by the approval of the residence visa.
3. The Ministry of Interior or Immigration does not impose any ban on expatriate employees anymore with their circular issued on 21/8/05. They have left it entirely to the Labour Ministry to ensure that labor laws are upheld by employees.
4. When an expatriate employee resigns from a private company to join another company, he either has to cancel or transfer his visa. He may be liable for a 6-month or 1-year ban by Labour if he doesn't comply to laws set out by the Labor Ministry during cancellation or transfer.
5. The criteria to be met for transfer and cancellation is different. It is becoming increasingly complicated and difficult for the transfer of visa. The easier option today is simply to cancel and re-apply.
With the above understanding (if they're correct), my queries are as follows:
1. Can an expatriate employee get a 1-year ban from Labour if he has not completed 1 year of continuous work with a private company in Dubai when he cancels his visa (not transfer). I can't seem to find this clause anywhere in the regulations.
2. If he receives a ban from Labour, is the ban applicable or enforceable when he is joining a company under the Ports, Custom & Free Zone Corporation.
3. Is there a help desk in the Labour Ministry where someone can consult a labour officer on his particular case prior to any cancellation of visa to avoid a ban.
Any light on this topic would be greatly appreciated.
fayz
Great answers DBX, helped me answer some of my questions as well. Thank you :)
MaaaD
As usual dbx gives awesome answers.
But i have a question regarding the retina scan. I don think they scan all nationalities right ? I see it pointless since lets say a british person gets deported they can easily get a new passport and come back since they dont have retina scans for brits. am i missing something ?
sage & onion
- MaaaD wrote:
As usual dbx gives awesome answers.
But i have a question regarding the retina scan. I don think they scan all nationalities right ? I see it pointless since lets say a british person gets deported they can easily get a new passport and come back since they dont have retina scans for brits. am i missing something ?
You are correct they only basically scan from Developing / 3rd world for instance India / Pakistan / Phil / Africa, in other parts of the world such as USA its called Racial Profiling, ooooops, did I say that?
Gene
First of all, let me express my sincere thanks to dbx who is a lifesaver on the laws of labour in Dubai.
I am still a little uncertain about a couple more things.
Assuming the expatriate employee has obtained both employment & residence visa but has only worked for less than 1 year in the company on a limited contract of 2 years, and wants to switch jobs:
1. During resignation, he would seem to have broken 2 labour regulations which are;
a) The less than 12-month tenure with the original employer.
b) The limited contract of 2 years.
However, I can’t seem to locate any clause in the Labour Law that states you have to complete the 12-month tenure with the present employer (or is this clause applicable only during a visa transfer).
If this is the case, he may have only broken regulation (b) which warrants a 1-year ban and not the mandatory 6-month ban, right? Since he would be liable for a 1-year ban by not satisfying regulation (b) already, it wouldn’t make him more liable in any other way by not satisfying regulation (a) as well, does it? In other words, it doesn't matter if you broke regulation (a); (b) or both, right?
From my understanding, there are altogether 3 types of ban;
i) The 6-month ban – which is the mandatory ban imposed when you cancel your visa from a company even if you have complied to all the regulations in the contract. (This ban does not apply when you resign and transfer your visa. True or False?).
ii) The 1-year ban – which is the ban imposed when you prematurely terminates a limited contract.
iii) The Article 120 Ban – which is a permanent black list ban.
Now, my questions are as follows;
1. You mentioned that “the 6-month labour ban can now be squashed/quashed or made to disappear on application of a new labour card under a new sponsor….” Does this also apply to a 1-year ban? Can a 1-year ban also be squashed/quashed by paying a certain fee?
2. If a 1-year ban can now be squashed/quashed, why would any expatriate employee want to transfer his visa when it would be easier to cancel and reapply with the new employer plus a certain fee? Assuming he would get the mandatory 6-month ban anyhow. Is it only a question of the fee amount payable?
3. If a 1-year ban is different from a 6-month ban in that it cannot be squashed/quashed in any way, the only option left for the expatriate employee would be to join a company that is under the Ports, Custom and Free Trade Corporation (or fz) if he doesn’t wish to sit out the 1 year period (on the condition that he did not contravene Article 120).
4. In the Gulf News article yesterday, it says that you can’t even enter Dubai with a visit visa when you have a 1-year ban (True or False). How could you possibly work in the fz in Dubai if you cannot even enter?
Gene
A million thanks again, dbx.
I need to be 100% certain before the cancellation of my visa with my present employer. Or else, I would be left unemployed and stranded outside Dubai for a year and I loved this place.
My situation is this;
I would like to join another freezone company because of a better offer but have only served less than 1 year in my present private company. At the moment, I am not sure if my contract is a limited or unlimited contract but I definitely need to check.
Assuming the worst case scenario where I would be given a 1-year ban by Labour for not fulfilling certain regulations (which I'm not even certain of at the moment) of the labour law, would there be any problems at all for me to move on to join the fz company?
dbxsoul
well let me start of by saying thanks to gene for taxing my grey matter so early in the morning. :shock: the logic is impecable (unlike my spelling), you must be employed in the it or project management field. :lol:
the most difficult part about the labour law is that it is in a constant state of flux. decisions made today are simply set aside or overlooked tomorrow. unfortunatley the published labour law book is only released once a year and i would even go as far as saying that there would already be exclusions or inclusions even before it hits the shelves. i try to keep up to date as best as possible, but as i'm not in the legal field sometimes overlook small changes that may hold major consequences install for some readers...
as i said in the previous post i think your 1 year ban would revolve around the limited/ unlimited contract. you state that it is a 2 year limited contract; is this correct as the norm is a 3 year contract unless your are employed for a very specific project?
breaking the contract early would not only mean that the employer can ask for 3 months salary compensation (in effect though this is no more than 6 weeks salary) and outlined under Article 116. while reading though things i have found the relevant Article regarding the year ban it states:
"Article 128:
If a non-national employee ceases to attend work for no valid reason before the end of the limited period contract, he must not join any other work even with the consent of his employer for one year from the date of quitting work. No other employer who is aware of this fact must employ him or keep him in his service during said period"
In your instance I would assume that from the employer perspective there would be "no valid reason". the section covering "No other employer who is aware..." is really not effective in any sense as the ban is on the labour departments computer - so it's not really an issue of awareness, but practicle application.
- Gene wrote:
First of all, let me express my sincere thanks to dbx who is a lifesaver on the laws of labour in Dubai.
I am still a little uncertain about a couple more things.
Assuming the expatriate employee has obtained both employment & residence visa but has only worked for less than 1 year in the company on a limited contract of 2 years, and wants to switch jobs:
1. During resignation, he would seem to have broken 2 labour regulations which are;
a) The less than 12-month tenure with the original employer.
b) The limited contract of 2 years.
However, I can’t seem to locate any clause in the Labour Law that states you have to complete the 12-month tenure with the present employer (or is this clause applicable only during a visa transfer).
With respect to the above, if I'm not mistaken this is one of those cases where the current published labour law is outdated. if memory serves me correctly the transfer issue was infact revised by the department (about 6 months back) and published in an arabic speaking paper (in effect this makes it law, and no doubt it will be included in the next issue of the labour law book).
If this is the case, he may have only broken regulation (b) which warrants a 1-year ban and not the mandatory 6-month ban, right? Since he would be liable for a 1-year ban by not satisfying regulation (b) already, it wouldn’t make him more liable in any other way by not satisfying regulation (a) as well, does it? In other words, it doesn't matter if you broke regulation (a); (b) or both, right?
From my understanding, there are altogether 3 types of ban;
i) The 6-month ban – which is the mandatory ban imposed when you cancel your visa from a company even if you have complied to all the regulations in the contract. (This ban does not apply when you resign and transfer your visa. True or False?).
ii) The 1-year ban – which is the ban imposed when you prematurely terminates a limited contract.
iii) The Article 120 Ban – which is a permanent black list ban.
Now, my questions are as follows;
1. You mentioned that “the 6-month labour ban can now be squashed/quashed or made to disappear on application of a new labour card under a new sponsor….” Does this also apply to a 1-year ban? Can a 1-year ban also be squashed/quashed by paying a certain fee?
to be honest i'm really not certain. all the cases i've expereienced have been after the completion of the 1 year minimum, and as such have not incured a 1 year ban.
2. If a 1-year ban can now be squashed/quashed, why would any expatriate employee want to transfer his visa when it would be easier to cancel and reapply with the new employer plus a certain fee? Assuming he would get the mandatory 6-month ban anyhow. Is it only a question of the fee amount payable?
this is true, however when the introduction of the mandatory 6 month ban came into effect, the only way at that time to change job without a ban was through transfer. the fee to overturn the ban is a relativly new issue/ rule
3. If a 1-year ban is different from a 6-month ban in that it cannot be squashed/quashed in any way, the only option left for the expatriate employee would be to join a company that is under the Ports, Custom and Free Trade Corporation (or fz) if he doesn’t wish to sit out the 1 year period (on the condition that he did not contravene Article 120).
4. In the Gulf News article yesterday, it says that you can’t even enter Dubai with a visit visa when you have a 1-year ban (True or False).
True
How could you possibly work in the fz in Dubai if you cannot even enter?
Freezones are not technically part of Dubai (or the UAE) - they are not subject to all the same rules and regulations, while they follow the basic UAE Federal Labour guidelines purely for the sake of having an infrasturcture, they differ from the Federal Law (like dubai does) in the implimentation of the regulations.
one quick question... why do you want to terminate the contract? better offer or not being treated properly by your current employer??? if the later is the case, you could have the contract declared null and void under article 121 - breach of contract by employer... e.g. if he doesn't pay you on time.... if this is the case you will however have to open a complaint against him at the labour department ....
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dbxsoul
Quote:
- I would like to join another freezone company because of a better offer but have only served less than 1 year in my present private company. At the moment, I am not sure if my contract is a limited or unlimited contract but I definitely need to check.
another??? if you already work within a FZ company you can't be banned, if you work in dubai and will be joining a FZ company you still won't be banned... i just need to check on something for you and will post a definative answer in the next hour :)
Gene
Oops, sorry. Not "another". Please omit the word "another" in my post. Thanks.
dbxsoul
phew, you are definitely giving the grey matter a work out....
i have found the following:
In the Federal Law on Trading Companies (Law 8 of 1984).
Federal Law no. 15 of 1998 amending Federal Law no. 8 of 1984.
"Article 2
The provisions of this law shall not apply to companies incorporated in the free zones of the State with regard to what is governed by a special text in the regulation of the concerned free zone other than acquiring the nationality of the State"
dbxsoul
I also found an amendment to the Labour law (Resolution 30) of 2001 (amended 2003) regarding the transfer of sponsorship.
The (then) law allowed only for the transfer of sponsorship with certain categories of employment (dr.’s engineers, professors etc); while this is old and i know has now changed (again)
it also set out the conditions necessary for transfer of sponsorship (which i don't think have changed)
1. the employee must work in the same occupation/ field for the new employer as the field in which he was previously working
2. the employee had to be in possession of a valid residency visa
3. the employee must have spent one year with the former employer
4. the employee is to obtain the employers permission to transfer (NOC)
5. no uae national exist in the state who is capable of filling the position.
there were 3 exemptions to the conditions:
1. if the two companies involved in the transfer are owned by the same owner
2. if the shift is between two branches of a company or between a group of companies with the same owners
3. if the company transfers ownership to a new owner
the penalty for failure to comply was a 6 month ban only!!!! not 1 year... although this was a residency ban (which is not in effect anymore) and not a labour ban
dbxsoul
- arniegang wrote:
Our forum will miss you very much Soul
:cry:
:cry: thursday's d-day. they are packing up my stuff tomorrow and monday
dbxsoul
one thing i have run acrross though is that different fz's may have slightly different reglations regarding the transfer and employment of labour.
it may be wise to check with the specific authority dealing with the labour issues in the FZ where you have been offered the possition
pinoy1
- sage & onion wrote:
- MaaaD wrote:
As usual dbx gives awesome answers.
But i have a question regarding the retina scan. I don think they scan all nationalities right ? I see it pointless since lets say a british person gets deported they can easily get a new passport and come back since they dont have retina scans for brits. am i missing something ?
You are correct they only basically scan from Developing / 3rd world for instance India / Pakistan / Phil / Africa, in other parts of the world such as USA its called Racial Profiling, ooooops, did I say that?
Hey, no fair! Why didn't I get the retina scan when I got here? The guy behind the scanning booth just shoo'd me away.. I'm from a 3rd world country! :?
Gene
You are simply amazing, dbx! Sorry for the grey matter work-out. I think you have took me as far as I could have possibly gone on this matter and for that, I thank you.
Looks like I'm not completely out of the woods yet - my fate shall lie in the following clause in Article 2, "The provisions of this law shall not apply to companies incorporated in the free zones of the State with regard to what is governed by a special text in the regulation of the concerned free zone other than acquiring the nationality of the State".
Gosh, I wish I know exactly what that means...different fz having slightly different regulations etc. No wonder this labour law thing is such a maze.
By the way, there is no intention to transfer my visa but to cancel instead and re-apply by the new fz company. Hence, the 12-month tenure should not be a violation for cancellation as there is no such rule, right?
MaaaD
Exactly. From Freezone to Freezone you should be fine even if you havent finished one year.
dbxsoul
- Gene wrote:
You are simply amazing, dbx! Sorry for the grey matter work-out. I think you have took me as far as I could have possibly gone on this matter and for that, I thank you.
Looks like I'm not completely out of the woods yet - my fate shall lie in the following clause in Article 2, "The provisions of this law shall not apply to companies incorporated in the free zones of the State with regard to what is governed by a special text in the regulation of the concerned free zone other than acquiring the nationality of the State".
Gosh, I wish I know exactly what that means...different fz having slightly different regulations etc. No wonder this labour law thing is such a maze.
By the way, there is no intention to transfer my visa but to cancel instead and re-apply by the new fz company. Hence, the 12-month tenure should not be a violation for cancellation as there is no such rule, right?
thats why you have to find out what contract you are on, if it's limited then its a material breach of contract (and subject to the penalities), if its unlimited then its simply (premature) termination of the contract under the conditions provided for in the law
arniegang
Our forum will miss you very much Soul
:cry:
dbxsoul
Quote:
- In the Federal Law on Trading Companies (Law 8 of 1984).
Federal Law no. 15 of 1998 amending Federal Law no. 8 of 1984.
"Article 2
The provisions of this law shall not apply to companies incorporated in the free zones of the State with regard to what is governed by a special text in the regulation of the concerned free zone other than acquiring the nationality of the State"
i was going to write an explaination on this, but confused myself in the process.
basically i think it says (these are my words now...) ... the provisions of this law shall not apply to companies incorporated in the free zones of the State (UAE), other than the particular free zone assuming the nationality of the State (UAE); regulations of the free zone shall be drafted and regulated by independant statutes of the particular free zone.
sage & onion
- dbxsoul wrote:
- MaaaD wrote:
- dbxsoul wrote:
- arniegang wrote:
Our forum will miss you very much Soul
:cry:
:cry: thursday's d-day. they are packing up my stuff tomorrow and monday
:cry: i know you will keep checking on us here ..
damn straight, with the meaninless ramblings of alina, dave and habiby around everyone can sound like a rocket scientist! :lol:
sigh, i wonder if they shared a test-tube?
Now that is an interesting concept
muneerkm
I would like to thank all for clearing many doubts about UAE Labor law.
I am an
Engineer (own an Engineer resident Visa) and came here in August 2006, and would like to quit the present job before completing 1 year.What about the consequences after i cancel my present Visa. Will i get a ban ? If yes, for how long will it be ? 6 months or 1 year? My contract is limited for 3 years.
If I cancel my visa after completing 1 year, will there be any ban for me?If yes, what is the duration of the ban? :) 6 months or 1 year? If i get 1 year ban , can enter into UAE by visit visa, within this period?
one more..If the employer dismisses me from the present job (Let it be before or after completing 1 year service), will there any ban for me? If yes, can you give me the details about that? :|
Is there any difference between laws for Professionals & other categories?
Where can i get the updated information about these? Can you give me the contact number or email of any help desk regarding these, either from the goverment side( Labor ministry) or Newspapers like Gulf news ?
kanelli
These could be helpful, I don't know because I haven't read through everything carefully -
1) #e
I found it by going to , then choosing Employment > Ministry of Labour Procedure Guide from the menus
2)
I found it by going to and choosing Labour Law from the menu
3)
I found it by going to the same Ministry of Labour site as above, but choosing Instructions for Foreign Labourer > Transfer of Sponsorship
xty
Great & helpful topic. Sticky?