Problem With The Employment Entry Visa - PLEASE ADVICE

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Problem with the Employment Entry Visa - PLEASE ADVICE Jun 15, 2008
Hi

I am an Engineer and have got a Engineering job offer in Abu Dhabi.
My Employer has sent me the entry visa now, and the profession mentioned in it is different from employment contract. They have put a lower grade and asking me to come. But they agreed to give the Engineering Position mentioned in the contract and the salary agreed.

Please send me comments on this .

1. How they issue the labour card. Does it relate to this entry permit ?
2. Will this affect my career if I am to join a another company after the contract?

Your early responses would be greatly appreciated[/i]

Kapila
Dubai Forum Guest
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Jun 15, 2008
good question!

Yes, when working in AD is would be relevant, it would fall under the heading "transfer of sponsorship". Federal Labour law (to which AD subscribes) states that if you were to try and transfer sponsorship from one employer to another there are a number of criteria to be met to prevent being banned one of them is that you are registered as an "engineer".

other criteria to be met are are:
* letter of no objection (NOC) from your then current employer
* having a valid residency visa at the time
* having completed at least 2 years with your then current employer
* that you transfer to the same position in the company of your new sponsor.

THIS IS NOT SAME WHEN WORKING IN DUBAI - THE LABOUR LAW IS A FEDERAL LAW AND IS SUBJECT TO MINOR CHANGES BY EACH EMIRATE, AS SUCH THE RULES AND IMPLIMENTATION DIFFER SLIGHTLY BETWEEN EMIRATES.

the short answer is to advise the employer that you will not be joining them until they have had a position amendment done to the current visa. if you decieded to join them under the current visa you could find yourself in difficulties later on.
dbxsoul
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Jun 15, 2008
Dear dbxsoul
Thanks lot for the advice. What will happen if they refuse to do the change and I will not accept the job. Will this affect my future job search as my detials already have been registered in Mininstry of Labour and Ministry of Interior under a different catogory as I understand.

Thanks a lot
Kapila
Dubai Forum Guest
Posts: 4

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Jun 16, 2008
listen to dbx,, he knows mor than the rest of us.
studstar
Dubai forums Addict
Posts: 209

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Jun 16, 2008
Okay, here comes the crunch!

I’ve only heard of a similar situation once before. If memory serves me the query was posted in the gulf news for the labour law expert to answer. As far as I can remember the situation is as follows:

a) If they refuse to change the position on the visa and you refuse to take up the position they can cancel the visa (and reclaim or transfer their deposits) .... or

b) If the visa is not utilized within a period of 60 days from issue it becomes invalid ... and

c) as you have not yet entered the uae you could not have been given a labour card, the employer may however have applied for labour approval, but no card is issued until after your medical ... if the card has not yet been issued you cannot be given a 6 month labour ban

Employers sometimes employ people under different labour categories for various reasons:

* Sometimes they have to pay a higher labour & immigration deposits for a highly qualified person as opposed to an unskilled labourer
* People employed as unskilled labour are subject to a 1 year labour ban
* Employing skilled people for a job function for which the company is not registered to undertake - which is illegal.
dbxsoul
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