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Hi DF!

Any updates regarding the Ban Guide.
i need help. I would like to know if such case written below still applies up to this date.

I recieved a discontinuation of service letter from my employer within my probation period (Joined the company 20/02/2011, recieved the letter 15/05/2011). Will I be banned by the labour ministry? coz i recieved another email attachment from my employer (in arabic + english which i believed its from MOL) stating that "No work permit will be issued till 6months from cancellation date"..plus its asking for my signature where theres a statement says "I certify that I have received all my dues up to date".

Did my current employer just imposed a ban on me rather than the labour ministry? I understand that they invested an employment visa + labour fee matters for me to work here in Dubai.
Is there any way that i could lift off this 6months ban if there will be? Where can i get information regarding the costs of investing/buying an employment visa + labour card + etc..?
I already have an appointment letter from my prospect new employer. Would my current employer give NOC if ever my prospect employer asks for it? Lets say my current employer is open for negotation so i could lift the ban ifever theyre the one who imposed it, and not the MOL.

Hope i could be enlightened. PLease advice. Thanks in advance.
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Re: Re:
by Dubai Knight » Sun Jul 18, 2010 8:59 pm

sweetche182000 wrote:
ahmeed80 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

i think NO...u will not face any ban and therefore u can switch to new job without any problem.


i was also removed in my job inder probation period for some reasons ,they told me they will put 6 months ban to me is it possible coz i want to find a new job here in dubai....

No, they cannot ban you. The probation period is for both sides. If either you or the employer decide to part during that time, there is no ban, but they may ask you to pay relocation, visa and recruitment fees.

Good luck!



Knight

All shearing is very nice and very informative

now possible to remove ban by paying some fees

dbxsoul ,i would like to add about medical legal services..the most important thing in medical legal services is that they will work independently to evaluate the claims efficiency of treatment and time frames are addresed properly.according to patient and doctor vies and action expert take the decision.

Hi,

This blog is interesting. I have BE (Bachelor of Engineering) degree and earning more than 12k AED. I have completed 6 months in my current company in UAE. Company is pathetic and not happy with the process followed here. Can you please tell me if I move to job better than current salary. Can ban be imposed? If imposed, can it be lifted? How?

Regards
Ramessh143

dbxsoul ,

I have a question, supposing I'm working in a Travel Agency but in less than 6 months I get a job for Emirates Airlines or DNATA or Fly Dubai, do I need to have a NOC? or does the company has a power to not release me? Hope you can answer me. Thanks.

Sorry for not being more active on the forum recently.

As to the Emirates/ DNATA question above. Firstly, I don't know, I will have to check for you. Normally when moving from public to Government positions the ban is not applicable. However, Emirates and DNATA are semi-government, this means that there is room for interpretation. To complicate matters most of the (Emirates/ DNATA) activities take place within the "freezones". Give me a day or two and I'll see if I can find an answer for you.

dbxsoul ,

Thank you so much for the quick response. You've been a great help to many indeed. Looking forward to your reply again.

Hi,

I am a graduate with a degree in computer science. I have just changed my job 2 months back with a salary above 12K after completing 2.5 years in previous company. Now i have a much better offer from a good company. If i resign now will i get a ban? If yes, can it be lifted and how?

Thanks,

Shahid

It depends on the type of contract that you have.
If it is a limited term contract then probably yes; if it is an unlimited contract you only need to complete 2 years in order to avoid the ban, although you need to have an NOC from your current employer allowing you to transfer.

It is an unlimited contract and i joined just 2 month back, Currently in probation. I heard that you can avoid ban if you are a graduate and salary of above 12 thousand ?

Yes, with attested certificates; as well as that it is still within your probation period - although your employer may be justified in deducting "reasonable" recruitment and processing fees... strictly speaking they are not allowed to, but there is a small grey area in the labour law which they exploit in order to recover these expenses.

Normally it costs a company anywhere between 3,500 and 5,000 AED to employ and process an employee, excluding any advertising/ agency fees which may be incurred.

Thanks for the reply sir. Realy appreciated.

I am just confirming the issue of the ban during probation for you, will get back to you in about 30 minutes

The following is from http://www.visaprocess.ae/details.php?p ... _havingban . However, do check whether these rules are current as rules may have been changed since this was posted.

Employment Visa Procedures for person who is having 6 months Ban
How to get Employment Visa during ban period?
Based on the Ministry of Labor’s new decisions if the employee resigns before the completion of two years, a six-month ban shall be imposed. But the same may be lifted without any charges or NOC from the employer if the employee managed to get a new job opportunity, taking into account that the salary of such worker with the new company shall be in accordance with the skill level specified by the Ministry of Labour:

1- First skill level: which means that if the employee is having university degree and above, his salary with the new company shall not be less than Dh12,000. Professions include: Manager, Engineer, Doctor, Teacher, Accountant, Accounts Clerk, Marketing Specialist, Quantity Surveyor, Draughtsman, Executive Secretary, Pharmacist, Administration Officer, Reservation Officer, Safety Officer, Public Relations Officer, Computer Operator, Advertising Designer etc. Click here for the list of professions.

2- Second skill level: if the employee is having diploma, his salary with the new company shall not be less than Dh7,000. Technical and Mechanical related professions.

3- Third skill level: if the employee is having high school degree, his salary with the new company shall not be less than Dh5,000. Professions include: Sales Executive, Sales Representative, Sales Supervisor, Site Supervisor, Administration Clerk, Correspondence Clerk, Customs Clearing Clerk, Ticketing Clerk, Cash Desk Clerk, Receptionist, Cashier, Store Keeper, Tourist Guide etc. Click here for the list of professions.

If these three skills have not been met by the employee, he may not lift the ban and he/she shall wait until the completion of the ban period and then he/she may work with a new sponsor, moreover, the NOC from the earlier sponsor has no effect based on the Ministry of Labour’s new decisions. This rule is not applicable for Free zone / government / semi-government organizations.

Above mentioned salary can be in total. It is not necessary to put as basic salary. New profession must be compatible with educational certificate. For secondary certificate holder, the new profession code shall end with 0000003.

NOTE: The above conditions are not applicable for government / Semi-government / Free zone, Family and House servant visa.

Nice reply above, thanks Radeya. I have confirmed that the above posting is actually still in affect. Once your contract is lodged with the MOL, you are still subject to the ban even if you are still within your probation period, with the above exclusions in place to have the ban lifted.

Ok. Thankyou very much for your help.

Hi,

I need advice about my situation. I am in limited contract and i already finish 2 years and my employer renewed my contract last May. It says in labour law that "if the contract is made in writing for limited period and continues to be applied by both parties after lapse of its period without a written agreement between them." (Ch3, Section 1, Art 39) Is my contract now is converted to unlimited?

If that so, i am now working in unlimited contract in 4 months. I filed my resignation yesterday Sept 20. Do i get a ban for this and do i have to pay my employer for 45 days of my salary?

You need to check your contract, it is printed on the document (whether is is limited or unlimited).

You say you have completed 2 years, but the contract was renewed in May; this does not necessary mean that it is now unlimited, the employer may simply have issued you with a new (2 year limited contract) at the end of the previous one.

Yes, if it is limited and you break it early (resignation) you are liable to pay him 45 days and may face a ban.

Get your contract and check it - right at the top of the page.

Thank you for the reply dbxsoul.

Isn't it that if the employer renewed the contract mutually and without me knowing it, it is automatically converted to unlimited according to the labour law. I still have the old contract and that is limited ,only my labour card date was changed. And when my employer renew or extend my contract I ddnt sign anythin from them.

--- Sun Sep 21, 2014 10:31 am ---

Can anyone give ideas on lifting a Ban on the E-gate?

Hello All.

This seem to be a nice discussion forum, I am not getting any help and
information over internet for my problem other then yahoo forums. My name
is Haroon Malik, I am 33 years old from Pakistan, I am an Architect by
profession, stay and works in Ghana - West Africa.

I seek your service regarding my black-list ban which I got 14 years ago in
UAE. I was born, raised and studied in Dubai. When I was around 20 years old, I
was working part-time for a video store, who were also selling adult movies
(hidden), they got reported, being a worker there, I got involved too,
causing me a 6 month jail and life-time ban exit from Dubai (when I was only a
lad, it was so cruel by Ajman govt).

Anyways, I am not interested in working in Dubai, I just want my-self cleared for
visit as my family members are in Dubai, also my father is buried there. Its
really emotional for me not to be able to visit his grave.

Anyone can give any suggestion about hiring any proper lawyer is most welcome,
any other suggestions as well. As I said I don't want a permit visa, I just
need open visits so I can visit my father's grave when I miss him.



Best Wishes

Hello friends

Since most people participating in this thread are already
working in UAE, I wanted your kind guidance to a fellow aspiring worker.

I am expecting to receive a job offer soon. Whilst
interviewing I did not declare one of my previous employers. The employment was
only a few months and I didn’t leave on good terms with that employer.



I wanted to know what
information on past employers does the UAE government request as part of the
work visa/residency visa process. The reason I ask is that I have also
applied for Australian immigration and was afraid that the Australian
immigration department in its background check on me would compare employers
with the UAE government. I am afraid since I have declared all my employers
(including this one) on my Australian immigration application. So when they see
the difference, they might use this as grounds for rejecting my application.



Thank you dear friends very much

I am working in a company under same sponser 2 and half years. on period is already finish. and they made a new contract on this may. Now i got a good offer from on company. they offer me 5000+ salary and i have a diploma certificate. if i cancel the contract from current company can i get ban. if so , have any other way to change the visa. Please reply.

Hi,

I have been working with an LLC based in Dubai for the last 7 months.

My contract is an unlimited contract automatically renewed after every 2 years.I have been offered a job by JLT/DMCC freezone company. If I am to resign from my current employer (after serving required notice period) and accept the offer from the JLT freezone company:

(a) Will there be a ban imposed on me?

(b) Can I still get a freezone visa from the JLT/DMCC immediately after previous LLC visa cancellation?

Other details:Visa Designation: Financial Analyst

Education: Post Graduate

Salary in LLC: AED 15,000+

Expected Salary in Freezone Company: At least AED 5,000/- higher

All help will be very much appreciated.Regards

Dear Friends,
I have a serious issue with my job changeover. I am working with a Dubai Airport Free Zone Company which deals in Aviation Spares. I worked here for 4 years now. I am planning to change over this job. I got an offer from another Free Zone Company based in Sharjah Free Zone. This new company which is offering me a job is actually a COMPETITOR to my current company.

My Dubai Airport Freezone Contract states the below clause:
"After termination, an employee shall not join or assist any competitor for the duration of 2 years in UAE."

I checked with several labour departments regarding this clause, and they all guided me to contact DAFZA Authorities. I checked with DAFZA Authorities, they advised me that I am free to join the competitor unless I disclose any facts and figures of my previous company. The old company should not be able to prove it.

Moreover, I checked with many other friends and colleagues, but everyone suggested that there will NOT be any problem and the old company cannot impose a ban on you.

My new company has told me to resign the current company, and exit Dubai. Furthermore they will give me a fresh new visa to join SHARJAH AIRPORT FREE ZONE company. - In this case, will i be in trouble in anyway if my previous company gets to know that I have joined the competitor.

I have already informed my current employer about my decision to leave the job, but I have mentioned that I am going to join an IT Company, a different profile (Fake Name).

My Current company will get a bond signed from me that if i disclose any information, I will have to pay a fine of 1 MILLION DIRHAMS to he company.

Looking at the above situation, can you please advise me whether this is going to work well, whether I will be safe to work with competitor under the above clauses? Please help me...

Thanks in Advance.
Sonicwaves

Hello there, I was working with a small company in Dubai and I was given a limited contract visa. Due to some partners issue and less business, I was asked to find another job but my visa was cancelled during the probation period. Now that I have a labor ban of 1 year, how do I get it lifted? I have an NOC from my previous employer and I really look forward to an option to go about. Please help me

Hello Dear Prinsjoe,

Yes We will be able to help you in lifting your ban, could you pls call me on my number mentioned below.

Regards,
Pushpa.M
Legal Advisor,
0528129632Whats App)
0521466987
Dar Al Hekma Lawyers and Legal Consultancy
Dubai, UAE