Labour Ban And Court Case, HELP!

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Labour ban and court case, HELP! Jan 22, 2013
I signed a LIMITED labour contract with my (ex) employer in January 2012. Due to a myriad of reasons including lack of ethics and extreme unprofessionalism including nonfulfillment of commitments like a health card and expense reimbursements, I resigned in August 2012.

However, my employer refused to pay me for the last month that I offered to serve as a notice period and refused to cancel my visa (typical small time LLC mentality).

I filed a case with Dubai court and after a lengthy 6 months I won the case in principle and the court ordered him to pay me the dues with due interest. Having hurt his ego, he has now appealed at the Court of Appeal and I will be spending another 6 months fighting this case in the higher court.

All this while, I have been on his visa and I still am. I went to the Ministry of Labour office to get my visa cancelled and to get a temp work permit till the case is getting dragged on and they said I don’t need a temp work permit since my new employer is in the Freezone (DMCC). Also, I can get the visa cancelled entirely but they said I will get labour ban for one year irrespective of me winning the case in the lower court because I broke the rules of a LIMITED contract by resigning before it was completed.

My new job is paying me more than AED 12,000 required for degree holders while the old one wasn’t.

My questions are,
1. Will a one year labour ban prevent me from working in DMCC (Free Zone)? The Labour guys and the DMCC guys reply by saying ‘We don’t know, they have different rules’.
2. Is a one year labour ban equivalent to an immigration ban? Will I be stopped from entering the UAE altogether?
3. Am I supposed to get a one year ban in spite of winning the case in the lower court?

Any kind of help is much appreciated. I hope someone here has the right knowledge to guide me.

Thanks,

motorbikeman
Dubai Expat Wannabe
Posts: 9
Location: Dubai, United Arab Emirates

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Re: Labour Ban And Court Case, HELP! Jan 23, 2013
Hi.
1. your labour ban is ONLY for the "regular" companies and does not apply to any Free Zone. The Free Zones have different labour rules. They will issue you a new visa.

2. No it is not an immigration ban. It is only a work ban for the 'normal' companies. You can come and go on a visit visa and do the "visa run" on a regular basis each month if necessary.

3. As for are you supposed to get that ban... it is their country, their rules. Even though you won, you did break the contract and found another job while on this persons visa. You might be able to fight it, but is it worth it? You already have another jobs that pays a decent amount.
Eisenhorn
Dubai Forum Guest
Posts: 2
Location: HCT land UAE

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Re: Labour Ban And Court Case, HELP! Jan 23, 2013
Eisenhorn , I have been getting all sorts of answers. Some executive at DMCC told me that JLT doesn't give visas to those who have a one year labour ban even though they are a free zone. Also, DNRD call centre woman told me that a one year labour ban is ALSO an immigration ban!!!
motorbikeman
Dubai Expat Wannabe
Posts: 9
Location: Dubai, United Arab Emirates

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Re: Labour Ban And Court Case, HELP! Jan 23, 2013
According to my contacts from the ministry of labour, the free zones are separate from the normal procedures. A labour ban for a normal company does not affect free zone visa's and vice versa UNLESS it is the stated position of the free zone to not grant visas for people with labour bans. I would contact the free zone administration directly and ask. Or ask the person who has offered you the positon.

I have a friend who has a one year labour ban, and it is not an immigration ban. He has been doing the 'visa run' for the last 4 months with no problems. Now it may depend on the country that you are from (such as the UK, australia etc which will allow you to get a visa on arrival as a tourist with out having to get the visa in advance.)
Eisenhorn
Dubai Forum Guest
Posts: 2
Location: HCT land UAE

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Re: Labour Ban And Court Case, HELP! Jan 27, 2013
Eisenhorn , I'm not from one of those countries so I can't do the visa run. I need to be out for a month before I can re-enter. Our PRO told me DMCC doesn't process visas for those with a Labour ban. This whole damn thing is so frustrating and confusing.
motorbikeman
Dubai Expat Wannabe
Posts: 9
Location: Dubai, United Arab Emirates

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undefined Nov 16, 2014
so can you tell what exactly happened? i am in same situation
icycool911
UAE, Dubai Forum starter
Posts: 1
Location: Dubai AE

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undefined Dec 04, 2014
Dear Sir,
I have been working in a construction company since March 2014 as an Office Secretary with a very few salary.This company dose not provide any yearly Leave salary, Yearly Leave Air Ticket, No Medical Facility and also not good Accommodation Facilities. Now I have another opportunity with double salary and all the above mentioned facilities.

Can i change my job?

If Yes, Kindly tell me the Procedure.
Saumya
UAE, Dubai Forum starter
Posts: 1
Location: Abu Dhabi AE

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undefined Jan 07, 2015
icycool911 , hi. just want to ask about this 1yr ban issue?? can i work to a freezone company or not??
nhuzvenus
UAE, Dubai Forum starter
Posts: 1
Location: Dubai AE

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undefined Feb 15, 2015
Hi sir, i have a case in dubai courts although i fought for my rights the judge decides a settlement between me and my employer. me and my employer agreed for the said settlement now a legal adviser from dubai courts have asked me to cancel my visa therefor i could have the chance to find a new job to start up my career again. however i'm still confused if em i still entitled for the six months labor ban? where in i proved to the court that my former company was not able to do their obligations while i'm working with them during my time there. i filed a cased regarding my salary and its about them not giving me my supposed compensation for 4 months.

And 1 more question, what is a Normal cancellation of labor contract? what are the following things inside of it.

Hope someone will response i'll be thankful if whom is gonna reply on my situation.
Ffejie
UAE, Dubai Forum starter
Posts: 1
Location: null AE

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Re: Labour Ban And Court Case, HELP! Mar 17, 2015
Dear Applicant:



Generally, if you have received an offer from FZE, you can work without NOC, however in order to make it more clarified, you need to check the status from MOL if there is any other specific reason (restriction) filed by your ex-employer. [/b]


[/b]

Should you have any queries with respect to it, or want to consult with the concerned legal expert, feel free to contact "info@snkadvocates.com" [/b]




Thank You

--- Mar 17, 2015 ---

Yes, icycool911, you can work (See our info as stated above or contact us at "info@snkadvocates.com") for detail consultation.



Regards ...!!!
snkassociates
Dubai Forum Visitor
Posts: 11
Location: null AE

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undefined Oct 17, 2015
Hi,

I have tendered my resignation but then my employer refused to accept it and told me that they will not release me. I have been working in the company for 10 mos. The company is in DMCC.

please advise.

thank you.
jhelai
UAE, Dubai Forum starter
Posts: 1
Location: undefined undefined

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