dbxsoul
- devilsdiciple wrote:
First tuppa which category do you belong to Eng/Doc/MSC etc.....
the catagory restriction on labour bans has been removed if you are a manager or a tea-boy you are now all subject to the ban
Second - Any time u cancel your application you get a 6 month labour ban.....This means you cannot be issued a labour card unless you have a offer from a company in the free zone....Then it doesnt really matter..
true
A 6 month labour ban can be lifted by paying a Dhs 5k or 6k fee....Not sure of the amount...
depends on your company status (managers pay more than tea-boys :lol: )
It is not easy for a comapny to ban you for 1yr...They have to give a suitable reason.....
very true - it normally has to be some infringment of article 120 of the labour law, which has to be reported to the police as well as the labour office to warrent termination. in most instances this would carry not just a 1 year ban, but a permanent black listing of the employee
Also getting a NOC from a company is quite difficult because by you a NOC the company would have difficulty applying for a new visa.
this in effect is related to the point above, the current sponsor doesn't have to give you a 1 year ban - he simply has to refuse to give you an NOC - QED
Hope this helps...
tuppa
I have been working in Dubai with my current employer for approx 4 months now, however I have recently been offered another job with another company which i would like to take up.
If I resign from my current job, will I be automatically be slapped with a ban because I haven't completed 12 months tenure? If so, will it be a 6 month or 12 month ban.
Also, how would my situation be affected if I receive a NOC from my current employer?
And finally, if my residency visa was cancelled for 6 months, would i be able to work on visit visa if i left the country every 60 days (subject to my new employers agreeance)? Then upon the completion of the 6 months be re-sponsored?
I apologize if we are going over old ground here, but I have heard and read so many interpretations of the laws that i would appreciate if someone could advise specifically on my situation.
dbxsoul
- tuppa wrote:
I have been working in Dubai with my current employer for approx 4 months now, however I have recently been offered another job with another company which i would like to take up.
If I resign from my current job, will I be automatically be slapped with a ban because I haven't completed 12 months tenure? If so, will it be a 6 month or 12 month ban.
firstly you are correct in this assuption. there will be a 6 month ban; as you have not completed 1 year of continuous service you cannot transfer your position either with or without the sponsors permission
under uae law, your sponsor may also terminate your services within the probation period (stipulated in your contract) without any benefits being paid out to you (leave accrual, gratuity etc)
Also, how would my situation be affected if I receive a NOC from my current employer?
no, see above
And finally, if my residency visa was cancelled for 6 months, would i be able to work on visit visa if i left the country every 60 days (subject to my new employers agreeance)? Then upon the completion of the 6 months be re-sponsored?
working on a visit visa is illegal, even if you new employer gave you a letter (which i guarentee they will not) - although many people work on visit visas this is illegal and punishable by a fine, deportation and permanent black listing (meaning you may never enter the country again). the employer also faces a fine of 10,000AED if this is his first offence and/ or suspension the company labour card at immigration.
I apologize if we are going over old ground here, but I have heard and read so many interpretations of the laws that i would appreciate if someone could advise specifically on my situation.
advice a) stick it out, work the year out and then reconsider your situation or b) resign/ leave - sit the ban out and then re-enter the country.
just as a last point, as you may terminate your employment early, your current sponsors may seek restitution for their expenses they have borne to date. while the labour law is clear on the fact that all employement costs are borne by the employer - it is very vague with respect to the contract being terminated within a very short period or before it has run its course. they may ask for pro-rata renumeration for the visa/ medical and immigration expenses, and possibly also ticket expenses if they paid for you to come to the uae!
sage & onion
Good advice from DXB, stick it out for the one year and then try to negotiate a tranfer.
weary_heart
but we have this so-called, probationary period, right? he has been working for this company - 4 months only, btw, how long is your probationary period?
and is the new company inside the free zone? if it is, then there should be no problem with ban issue if the visa is cancelled.
sage & onion
- weary_heart wrote:
but we have this so-called, probationary period, right? he has been working for this company - 4 months only, btw, how long is your probationary period?
and is the new company inside the free zone? if it is, then there should be no problem with ban issue if the visa is cancelled.
It will depend whether ot not the residense permit has been obtained (a lot of companies do not process all the documentation until after the probation period is over)
dbxsoul
probation cannot be longer than 6 months by law.
most companies have either 3 or 6 months, but there is no fixed period.
weary_heart
- sage & onion wrote:
- weary_heart wrote:
but we have this so-called, probationary period, right? he has been working for this company - 4 months only, btw, how long is your probationary period?
and is the new company inside the free zone? if it is, then there should be no problem with ban issue if the visa is cancelled.
It will depend whether ot not the residense permit has been obtained (a lot of companies do not process all the documentation until after the probation period is over)
but in tuppa's case, he already obtained his residence visa from his current employer, i believe.
dbxsoul
makes no difference, companies are not allowed to hold paperwork processing until after the probation period is complete - in effect the employee is then working illegally as he will not have a residence visa or labour card.
what i mean is that you can actually have a labour card and visa and still be under probation - that's the way the system works.
in anycase the probation is not really at issue - the fact that he has not completed one full year's service is
devilsdiciple
First tuppa which category do you belong to Eng/Doc/MSC etc.....
Second - Any time u cancel your application you get a 6 month labour ban.....This means you cannot be issued a labour card unless you have a offer from a company in the free zone....Then it doesnt really matter..
A 6 month labour ban can be lifted by paying a Dhs 5k or 6k fee....Not sure of the amount...
It is not easy for a comapny to ban you for 1yr...They have to give a suitable reason.....
Also getting a NOC from a company is quite difficult because by you a NOC the company would have difficulty applying for a new visa.
Hope this helps...
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scarlet
Why the 1 year rule? Say your contract stipulates 6 months probation and you then you have to reimburse expenses if youleave within that time - then can you leave after 6 months?
Do certain education levels avoid this?
MaaaD
Jeez the laws change every week here. Thanks for updating us dbxsoul (i didnt know about the removal of category restrictions) . I am just curious how do you stay up to date?
dbxsoul
- scarlet wrote:
Why the 1 year rule? Say your contract stipulates 6 months probation and you then you have to reimburse expenses if youleave within that time - then can you leave after 6 months?
Do certain education levels avoid this?
elaborate on this - or put it into context for me .....
dbxsoul
try to read the paper every day :)