The Ultimate Dubai BAN Guide

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Apr 21, 2009
Thank you Bonk for your very swift response.

Unfortunately the two companies are in different free zones.

The contract is for 3 years so must be a 3 year limited contract?

If my sister's old employer had reported her as 'absconding' would that not be registered under her status on the Labour Ministry website? She did abscond but had very good reason for doing so. This was only after giving notice in the correct way and them delaying paying her, after months of not paying on time. She was very worried about giving her passport over to these people as they have form for not paying properly. She felt she would be trapped, homeless and penniless in Dubai if she had done so. In fact at one stage she did not have money to pay for her medication. They knew that our brother was due to have heart surgery and still did not honour their commitment to her and deal with her thus enabling her to leave the country on time to get to our brother in the US.

Is there any way of checking her status without her having to re-enter Dubai first as she is worried about doing so?

The contract is with a company which is now practically dormant, most of the staff have gone and the company has been taken over by another operating property developer.

Thank you so much for your help. Michelle.

songbird
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Apr 22, 2009
1. Sounds like 3 year limited contract then, yes.
2. Erm, I guess. I don't know enough about the website to say.
3. Contact the Dubai immigration department and/or Ministry of Labour. They both have helplines you can try, or visit them. Bring whatever relevant documents you have.
bonk
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Apr 28, 2009
I really Don't know nothing about the albour law's in Dubai!!.... the only thing i knew that our Vist Visa change's to resident Visa n then you're free to live for 3 year's!!....... Thank's i should Understand what's going on with labour Law!!................
Sharp
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ban on 3 year finishing with a unlimited contract May 09, 2009
my (3 year)labour card is finishing on 23 of may 09. now i got a better offer. this is my first contract and it is unlimited. i will not get noc. i supposed to get a 6 months working ban. Can i remove this ? if yes how ?
please give me an immediate reply.
BVV
UAE, Dubai Forum starter
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May 09, 2009
Ohh!!.. I think You Can't remove staying in Dubai!...... for that You have to Leave from for 6th Month's right!!.. anyway As I don't know Much about it Perhaps I'm wrong!...... Congrate's for New Offer!!.........
Sharp
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Will I be banned despite NOC issuance? May 21, 2009
I accepted a job offer with a Dubai company and recently started working for a couple of days when I got another offer from a different company. I am seriously considering transferring, but I am not sure if this is possible. For professional reasons, the new offer is more suitable to my interest and qualifications.

I have an employment visa (converted from tourist visa), but no residence visa stamp on passport and labor card yet. I haven't even gone through medical yet as I just started working 4 days ago. My boss says he will issue me a NOC, should I decide to resign and join the other company so long as I pay the necessary fees the company paid for my visa processing. As I don't have the residence visa stamp on passport, labor card and haven't gone through medical, our PRO said I will pay approx AED 3000 only. The new company confirmed they will pay visa transfer fees.

My questions are:
1. Will the NOC issuance by my current employer suffice to avoid any employment ban?
2. Our PRO initially said I would have to pay AED 14 000 for all the fees they paid for my visa. Since he quoted that amount in front of my boss, I think my boss wanted to scare and deter me from resigning. When I spoke to the PRO alone, he quoted approx AED 3000. Does anybody have an idea about how much I really have to pay? I am 4 days into my new job and I am on an unlimited contract/offer letter.
3. I hear about the AED 500 payment per month for every month you didn't complete in a year. Is this part of the visa transfer cost? The new potential employer advised they will pay all visa transfer fees.

HELP pls. I am totally confused with the various things I hear and read about. I need to come up with a final decision ASAP.
ink_n_paper
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May 22, 2009
Regarding the banning facts, there is some information not specified:

1. if on a Limited contract, can a person resign while on probation- ( does this constitute breaking the law?; or would this be regarding flouting the law once the probation period is over.

I have just signed up on a limited contract having spent 3 months out in the cold from retrenchment; I am joining an employer out of need and not choice and given the option i intend to quit within 6 months should a good offer surface from somewhere.

I simply wanted to know my legal limits.

1. ( CLARIFY if resigning for valid reasons within the probation period would constitute a breach of country`s labor law.
trekker
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Re: The Ultimate BAN Guide May 22, 2009
is there any way to circumvent the immigration ban imposed by the government for Limited contracts?;
if the govt acts unilaterally in imposing this hedious law then why have 2 sets of laws in the name of limited and un-limited contracts ?.

I got laid off from a semi-govt company and ive been forced to settle for a new employer who is only keen on providing a Limited contract; Given a choice, i wouldnt work for more than a year with this employer but im forced to do so in the light of the economic situation all around Dubai; Offers arent that forthcoming as they used to.

I intend to deliberately resign within my probation period but my contract doesnt explicitly say if i have the liberty to do so within the probation period; Id like to know if the immigration ban would be applied incase i received an alternative job offer within a probation eriod. What would happen, incase i informed my employer by amicably resigning and refunding cash as required by law ?.

Can you shed light on this specific issue?.
trekker
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May 22, 2009
yes, unfortunatley, the ban is extended to persons while still under probation - in my opinion one of the most unfair of labour practices.

on a limited contract this would even be worse as you have to work out the full contract duration to avoid being banned.

the ban would be imposed irrispective of what ever guarentees a currnet employer offers, the ban is effected by the labour ministry and not by the employer.


trekker wrote:Regarding the banning facts, there is some information not specified:

1. if on a Limited contract, can a person resign while on probation- ( does this constitute breaking the law?; or would this be regarding flouting the law once the probation period is over.

I have just signed up on a limited contract having spent 3 months out in the cold from retrenchment; I am joining an employer out of need and not choice and given the option i intend to quit within 6 months should a good offer surface from somewhere.

I simply wanted to know my legal limits.

1. ( CLARIFY if resigning for valid reasons within the probation period would constitute a breach of country`s labor law.
dbxsoul
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May 23, 2009
regarding Un-limited and limited contracts in the U.A.E in general, ( excluding the freezones), can i presume the labour law is uniform regarding this matters in whichever emirate. Kindly confirm.
trekker
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May 24, 2009
yes, excluding the FZ's.
The Law is a Federal Law and covers all emirates
dbxsoul
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May 31, 2009
I used to work in a freezone. After 7 months, my employer terminated me due to the economic recession.

1. I understand that if I transfer to another company within the freezone, there is no ban. However, if i transfer to a company outside the freezone, will i be banned considering I was only employed for 7 months? do I need to get FZ NOC?

2. Should I consider myself a permanent employee at the time of my termination even though my company did not officially inform me that my probationary period was over? (max limit for probationary period is 6 months while I was terminated on the 7th month).

3. Is the non-competition agreement valid within the freezone?, I signed a non-competition agreement with my previous employer. However, since in a freezone, the true sponsor is the freezone authority and not the employer, will the non-competition agreement prevent me from transferring to a competitor within the freezone?

thanks

dbxsoul wrote:
asha12 wrote:If i am employed in dubai and i am removed from my job by the employer within the probation period of three months(for whatever reasons) then do i need a NOC to get another job ? ..... Please advice. Thanks .. Also what are the chances of getting a job in dubai after being removed from a company during the probation period


Unfortunately, if your contract is terminated during your probation period the chances are almost 100% that you will be banned. You will not be able to meet the criteria necessary to avoid the ban. Your only option is to visit the Department of Labour and ask them to remove the ban; however the chances are very slim to non-existent on this happening.
webbie
UAE, Dubai Forum starter
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Jun 05, 2009
1. Depends on whether you transfer to another FZ, government job, or private sector outside FZ. Get an NOC to be safe.
2. Yes.
3. Depends on the terms of the agreement you signed. Probably yes.
bonk
Dubai Master of Thread Hijackers
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Information regarding ban in FZ Jun 18, 2009
Dear dbxsoul,

you are doing very good efforts helping people,

My Query is, rite now i am working in FZ in DIC, from last 8 months, i want to leave my job i got offer from another company in same Freezone, but in DMC, different Business nature, rite now i am on Notice period of 1 month, in my contract it was written if i leave the job before 18 months i have to pay them training cost, also they are not transfering my visa asking me company name and bala bala, they even dont give salary on time, also working hours are so long.

in my notice period they are saying to complete projects putting me so much work load, i am unable to work here, can you please tell me what are my legal boundaries? also please help me if my visa is cancelled in same FZ, will i be banned, because my new employer in same FZ will apply for my new visa.

there is nothing written in my contract regarding limited or unlimited.

Your help will be grateful

looking for your response
emphus
UAE, Dubai Forum starter
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Jun 25, 2009
I worked for 22 months with my employer and then due to personal problem i resigned and came back. Comapny put 1 year ban on me which will b over in mid of september, now i few days back i got an offer to work with the same employer again. i accepted the offer. Its more than one month now, my ban has not been lifted up yet. I asked from my company n they told me as ban was imposed by them, and they are lifting it so it will take more than usual time. Can you please tell me how much time it will take..............are there any issues or complications in removing ban and getting visa to work for same employer again.
vishalk
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