The Ultimate Dubai BAN Guide

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Dec 30, 2008
The issue is do you want to leave your current sponsor or not? You don’t specify this… In most cases if the contract draws to a close and both parties wish the situation to remain a new contract is entered into.

1a. Normally yes, the Labour contract will run concurrently with the Residency Visa which is of 3 year duration as well.

1b. No, you can transfer to a new employer without exiting. Bear in mind though that your contract has another 9 months to run, the Labour Law can change a lot in that time.

2a. Yes and no, under the current law you would be banned from working for 6 months (if you did not get a NOC), your family don’t’ work for your employer so are not banned…. But see the point bellow relating to residency sponsorship.

2b. Before your residency sponsorship is cancelled in September (by your employer) your family will have to be cancelled from your sponsorship (as you do this in your own right). When this happens you have 30 days to leave the country or transfer your Labour card to a new employer. After 30 days you would become illegal and would start accumulating a fine. If you can transfer your Labour Card within the 30 days you can then re-apply for residency for your family if you still meet the sponsorship criteria, note this (residency) is a new application and not a transfer as with the Labour Card.

dbxsoul
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Dec 30, 2008
dbxsoul wrote:The issue is do you want to leave your current sponsor or not? You don’t specify this… In most cases if the contract draws to a close and both parties wish the situation to remain a new contract is entered into.

dbxsoul, thank you very much for answering my queries..Actually, I'm confused if I'm going to LEAVE my current sponsor when my contract ends or to RENEW my contract.
ArchitectRoel
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Dec 30, 2008
I was on an unlimited contract.I'm been working for four months now on a six months probation period.The company has given me a termination letter stating the reason was due to the economy down.
- Will I be banned for six months or one year?
- The Company will give me NOC if I can prove of getting a job after
my visa cancellation during my 28 day grace period.
- If I pay for my return flight ticket,NOC will be given.

What do you think about this situation?
invictors
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Dec 31, 2008
Strictly speaking and according to the law you would be banned for 6 months.

I would however, take the termination letter with you and pay a visit to the Labour Department. I think that you would have to get permission from the LD in this instance. According to the current law it would not matter if your current employer gave you a NOC or not, as you have not worked out your probation or the minimum 1 year stipulated by the legislation regarding the transferring of labour cards. What they are offering as well (NOC for payment of return flight) is not legal either, if you were to get a NOC and transfer to a new employer then the new employer would be responsible for your return flight as per the law. What they are asking you to do is forgo their responsibility (the flight) for a NOC, but there is no guarantee of being legally allowed to transfer. This is why I have said that you need to get a ruling in your favour by the LD before accepting your current employers offer.

As I mentioned in a previous posting, due to the financial/ economic situation there will be more and more people in a similar situation as yours – the LD may well make an amendment to the rule to include these circumstances.
dbxsoul
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Jan 01, 2009
ROUND 2:
Due to the current situation I decided to continue my contract with my current Employer. So I’ll just wait for my contract to end and renew my contract soon.
My questions are:
3. If I renew my contract, can I get my 3 years GRADUITY right away?
4. Can I renew my contract and residence visa “together” with my dependents -wife & kids? (my reason is that I don’t want any exits because it will affect their school)
5. Just to clarify=No need NOC for this case right?
ArchitectRoel
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Jan 02, 2009
ArchitectRoel wrote:ROUND 2:
Due to the current situation I decided to continue my contract with my current Employer. So I’ll just wait for my contract to end and renew my contract soon.
My questions are:
3. If I renew my contract, can I get my 3 years GRADUITY right away?

No, in any case 100% of gratuity is only paid after working for 5 full year with the same employer. It cannot be paid out in the middle of the contract.

4. Can I renew my contract and residence visa “together” with my dependents -wife & kids? (my reason is that I don’t want any exits because it will affect their school)

Yes, they would have been issued thier residency after yours in anycase. Remember you will have to pay for the extension and your wife will have to re-do her medical.


5. Just to clarify=No need NOC for this case right?


Correct. No NOC required as you are staying with the same employer, the contract is simply being renewed.
dbxsoul
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Jan 08, 2009
FOLLOW UP
dbxsoul wrote:No, in any case 100% of gratuity is only paid after working for 5 full year with the same employer. It cannot be paid out in the middle of the contract.

What do you mean sir? what if your contrcat is 2 years and you wish to transfer to another company at the end of the contract-you still cannot get your Graduity?

dbxsoul wrote:Yes, they would have been issued thier residency after yours in anycase. Remember you will have to pay for the extension and your wife will have to re-do her medical.

We have DIFFERENT EXPIRY DATES in our residence visa...so if my Residence visa expires it won't affect their visa? (as they have 1 year expiry date later than me)
ArchitectRoel
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Jan 08, 2009
FOLLOW UP
dbxsoul wrote:
No, in any case 100% of gratuity is only paid after working for 5 full year with the same employer. It cannot be paid out in the middle of the contract.

What do you mean sir? what if your contrcat is 2 years and you wish to transfer to another company at the end of the contract-you still cannot get your Graduity?


It depends on the type of contract you have, if you have a 2 year LIMITED/ FIXED TERM contract then, yes you would be entitled to the gratuity at the end of the contract.
If you are employed on an UNLIMITED contract then you would only receive a small portion of your gratuity as per the regulations governing the payment of gratuities, and after 2 years service this would not amount to very much.

Severance Pay Article 132

A worker who has completed one or more years of continuous service shall be entitled to severance pay at the end of his employment. The days of absence from
work without pay shall not be included in calculating the period of service. The severance pay shall be calculated as follows:
1. 21 days' wage for each of the first five years of service.
2. 30 days’ wage for each additional year of service provided always that the aggregate amount of severance pay should not exceed two year's wage.

Article 133
A worker shall be entitled to severance pay for any fraction of a year he actually served, provided that he has completed one year of continuous service.

And also

Article 137
Where a worker under an indefinite term contract abandons his work at his own initiative after a continuous service of not less than one year and not more than three years, he shall be entitled to one-third of the severance pay provided for in the preceding article. Such a worker shall be entitled to two thirds of the said severance pay if his continuous service exceeds three years up to five years, and to the full severance pay if it exceeds five years.


dbxsoul wrote:
Yes, they would have been issued thier residency after yours in anycase. Remember you will have to pay for the extension and your wife will have to re-do her medical.

We have DIFFERENT EXPIRY DATES in our residence visa...so if my Residence visa expires it won't affect their visa? (as they have 1 year expiry date later than me)


Yes, you would have arrived in Dubai before them, or have had your residency sponsored by your employer before you could sponsor your family, that is how the system works. In fact, it sounds like they joined you 1 year after you joined your company, hence the 1 year difference in the validity of the stamps.

You must bear in mind however how sponsorship works, if your sponsorship is withdrawn, removed or terminated by your employer it is automatically lost by anyone who you may be sponsoring for residency in your personal capacity (immediate family or domestic servants). What would normally occur is that if your sponsor applies to have your residency cancelled, they will start to cancel anyone who you are sponsoring as well – irrespective of how long they still have on their residency visas.
dbxsoul
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Jan 08, 2009
dbxsoul wrote:

You must bear in mind however how sponsorship works, if your sponsorship is withdrawn, removed or terminated by your employer it is automatically lost by anyone who you may be sponsoring for residency in your personal capacity (immediate family or domestic servants). What would normally occur is that if your sponsor applies to have your residency cancelled, they will start to cancel anyone who you are sponsoring as well – irrespective of how long they still have on their residency visas.

In contradiction to the underline above:
So if I continue with my current Employer on Sept. 2009, then there is no need to renew my family’s residence visa right away, correct? Therefore, I can renew there residence visas after few months or 1 year later?
ArchitectRoel
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Jan 08, 2009
yes, you are correct. sorry if it was not clear enough, if you continue with the same employer then there is no reason to renew you families residency until 1 month prior to it expiring - 1 month is a good saftey net.
dbxsoul
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Jan 15, 2009
Can RP be stamped in UAE, under the sponsorship of a company in ZAFZ if there is a valid RP of Qatar in the Passport?

(If a person proceeds on leave from Qatar and taken up a job in ZAFZ)
dbxvisitor
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SIR Please Help me.... Jan 20, 2009
1. I'm 26 years old, working here in Dubai as a Civil Engineer for two and half year, I want to leave my employer on the expiration of my labour card which is on October 4 2009.
2.I signed UNLIMITED contract from Sept 2006 to _____, with clause article 127, and the employee is not permitted to work in a competitor company for 2 years after termination.
3.as a civil engineer I got envolved in client transactions and company secrets, as per article 127.

MY QUESTIONS ARE:
1. If my labour card expires, will I be subject to for banas per article 127? Since I didnt terminate or cancel my contract, it expires.
2. I I have to submit 1 month notice for resignation what month will it be?
3. Am I allowed to work to abu dhabi or to freezone since my present employer is in dubai?
4. Or am I allowed to work as draftsman since my present position is civil engineer? It's both in Construction business but Draftsman is just making drawings and not envolve in company secrets.
5. Are there any ban lifting fees as well for the article 127?
6. Please just give me your legal advise, which I can leave my present company and work to other company without being banned.
bong suniga
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Jan 21, 2009
First thing, your contract only expires in Oct 2009 – that is 8 months away, plenty can happen with the law in that time, so things which are valid may be invalid then.

If you leave at the end of the contract period, offering 1 months notice of your intention (at the start of September 2009), then you will not be banned – in accordance with the current regulations. You don’t resign, you simply state that you have no intention of renewing the contract.

Is the Article 127 specifically included in the Legal Labour contract document (English/ Arabic one)? The company can take civil action against you if you do break this agreement. There is no ban per se with regards to Article 127; it is simply a restraint of trade clause that can be implemented legally through the courts. Normally for a restraint to be effected (outside of Article 127 – such as the duration of the restraint or any other conditions), then it is supposed to be included in the Official Contract.

As you are considering working in an allied, but commercially non-threatening position there should be no case for your ex-employer to try and take action against you. He has to actually prove in the courts that you had caused him financial harm and used his company information for your benefit.

At the moment there is no such thing as “Ban lifting” fees (your point 5) and Labour bans cannot be lifted by paying money!

Point 6. The Ban is there to restrict the movement of persons from one position to another, in your circumstances, if you tell them that you will not be renewing your contact they cannot ban you, in your letter simply state that you will be moving to another company when the contract expires and taking up the position as a draftsman. They may threaten, but cannot actually do anything unless you use the information you have against them – then they would be within their right to open a case with the labour courts.
dbxsoul
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Jan 26, 2009
Thank you very much dbxsoul.

1. So the means that my labour card expiration on October is my contract expiration as well?Yes, Article 127 specifically included in the Legal Labour contract document (English/ Arabic one), yes , duration of (2) years is mentioned in the Official contract that I cannot join a competitor company.

Actually sir I plan not to renew my contract to my present employer and then go back to my country for 1 month, then I'll go back here in dubai as visit visa to find new employer.

My Questions are:

2. Is Article 127 not automatically ban an employee?Or it should be with the request of the employer and proved to the court about his alligations before the ban is empose to the employee?Unlike the 6 months ban from the labour if you cancell a contract, which is the Ministry of Labour automatically emposed even without the employer request. Am I correct Sir?

3. Is that mean when I come back here in Dubai from my country the ministry of labour will not be a problem for me having a labour card, if I get a new employer? as long as my present company dont know?

4. I'm just Curios sir, if ever the employer proved to the court that the employee is positive against article 127. What are the punishment.

Thank you for answering all my questions and sharing your knowledge, you help me a lot sir...I appreciate it.
bong suniga
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family visa changeover Jan 26, 2009
I was working for a private company in dubai for last 4 years. Now I have a job offer from a government company in Abu dhabi. My previous company is readu to give NOC.
I wish to wat are the procedures for changeover for self and family. and also i have got a car registered in dubai and under bank loan.
do i need to cancel visa for my family and sell off the car??
jhakkasbanda
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