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I have been working in Dubai for almost 3 years with the same company as a construction engineer. I got an offer from another company (in Free Zone) and have been told that NOC from my current company is not required. So I resigned and, as expected, my company told me they wont give NOC to me. I read an articcal "ask the law" from Gulf news saying, Ministry of Labour currently reqiures NOC from previous sponsor or a 6 month ban would be issued even the comapny is a Free Zone company. My PRO told me the same and said this requirement is just few weeks old.

Is it true? If I dont take my resignation back and leave my company without NOC, will I be jobless for 6 months?

Thanks in advance.

I also attahced this article from gulfnews.
http://www.gulfnews.com/nation/Ask_The_ ... 45485.html

I am exactly in same position except that I am working in dubai and will be joining in Dubai and not in a freezone. My family is here and kids are studying. My company also has a policy of not giving an NOC. What can I do? Help...anyone...

schandel wrote:I am exactly in same position except that I am working in dubai and will be joining in Dubai and not in a freezone. My family is here and kids are studying. My company also has a policy of not giving an NOC. What can I do? Help...anyone...

Have you worked for your company for over 1 year?

If one has limited contract or worked for less than a year, I've understood. No chance at all to move in the middle. One year ban is applied if the company files it (breaching the contract). In the free zone or not. Confirmed.

If one has worked for more than one year with unlimited/permanent contract, what would be the case if previous company still doesn't want to give the NOC for some reasons eventhough it's not a competitor (it's grey area though the definition of competitor)? Can we appeal to Labour Dept? I'm still not clear.

If not possible, then it means we can't shift at all to other companies in Dubai for whatever situation and reason?

Well do the companies have a valid reason for NOT giving an NOC? Or are they just being spiteful?

It's all crap anyway, the bans are a money making scheme, it's not the company that implements a ban, it's the minitry of labour and you can go and buy out your ban for about 3,000 Dhs. A friend of mine just did that.

hi..

regarding the AED3,000/- payment for uplifting the ban.

i also have a problem same like the others.

I resigned from my Company, but in my case, they have promised me that they will give me transfer visa or NOC. To make the story short, I made a 1 month notice. Now, last week was my last day of work, but suddenly, they told me stay in our Company or else, I will not be given NOC. How mean they are!

Now, regarding the fee to lift the ban, what are the procedures am I going to do? steps to do? Because, someone also told me that I can pay the amount to uplift the ban. The problem is, my other Company? How can they process the papers? They will just go to the labour and apply for my new labour permit without showing them NOC? How can I explain this to my new Employer, that I have an option to uplift my ban?

Please help because, really, I feel bad on what had happened on my side.

Thanks very much!

Chocoholic wrote:It's all crap anyway, the bans are a money making scheme, it's not the company that implements a ban, it's the minitry of labour and you can go and buy out your ban for about 3,000 Dhs. A friend of mine just did that.

That's true. The ban comes from Ministry of Labour (and Police after reported by company?).
When did your friend do it?
Because reading some recent "Ask the Law" posts in Gulf News, it can't be done again with the new/upcoming Labour Law. Don't know for sure.

Oh please Gulf News just print crap, they bang on about it being illegal to with hold passports and do it themselves!

Do you have any evidence that the company was going to give you an NOC/transfer your visa? Something in writing? or a witness?

Get the PRO of the new company to talk to the PRO of your current company and let them fight it out between themselves. Failing that if they've ever beena bit crap with you, bring a case against them.

Chocoholic wrote:Oh please Gulf News just print crap, they bang on about it being illegal to with hold passports and do it themselves!

So which one do you think the valid one? Do you have the copy of the law itself?

At least we need to hold on to something valid (important proof for court case), not just "I heard" or "my friend just did it". At least we would know when we're on the right track or just simply wasting time and money (PRO, attorney, etc etc).

And since I don't have one, so Gulf News (the answering advocate to be exact) is rather valid than nothing at all. Just my opinion.

It does not state in the labour law anything to do with passports what-so-ever... in fact the word passport is not even mentioned in the entire labour law. However, on a number of occasions various ministers have categorically stated that employers holding passports is illegal.

If you read the inside cover of your passport you will see that the passport it's self is a document belonging to the government of your country, it doesn't even belong to you! You are simply the bearer/ holder of the document and your country is well within its rights to withdraw the document whenever they see fit.

Basically what an employer is doing by withholding a passport is illegally laying claim to an official document of a foreign government. Employees as they are the bearer of the document are legally obliged to report the passport as stolen to the police, in which case a police officer will come and investigate the claim and return the document to the bearer.
If the document is damaged, destroyed or lost while in possession of the employer they (the employer) are responsible for all replacement costs, and are liable to pay a fine on top of this!

Additionally, I agree with Choc's the ban is simply a money making scheme.

I also pointed out before, if you have an issue regarding your contract, terms of employment or legal labour issue then go to the Department of Labour - unless of course you are working illegally in which case it would simply be stupid to go to them for help.

I found the DoL to be very helpful; they don’t play around with wayward employers! In my case my employer was issued with a court summons within 3 days, and a Federal Court summons after a further 4 days as he was arrogant enough to think he was above the law and chose not to attend the first hearing. The Federal summons is very clear cut, he had to arrive for the hearing or they would send the police to collect him and bring him to the hearing. He chose to settle the matter out of court.

Employers hate the Labour Courts and choose to settle things in an amiable fashion when you press them!

sage & onion wrote:

schandel wrote:I am exactly in same position except that I am working in dubai and will be joining in Dubai and not in a freezone. My family is here and kids are studying. My company also has a policy of not giving an NOC. What can I do? Help...anyone...

Have you worked for your company for over 1 year?

Yes I have worked in the company for six years. I have no problems paying money to lift the ban as long as I am sure that they will not need NOC in addition to the money. Can the NOC condition be cancelled with paying additional money or not?

According to latest Gulf news...NOC is dead essential. However, I am sure the majority of people are changing jobs without NOC.. So how are they doing it?

most of the people are talking that that their friends just did it but when you are about to ask him, he will not tell you. if you're going to post something, be sure that you are willing to help those people who are in need.

that's why, we are asking people how their friends did uplifting the ban by the so-called fee. what are the procedures to tackle and how are we going to explain to those people who really needs your help badly?

The easiest way to sort out the ban lifting fee is to go to the labour department yourself and ask one of the legal consultants there, that way you will be getting the correct and up-to-date information.

As far as I know the ban exemption fee is not an illegal/ under-the-table process, it is a legitimate procedure carried out by the department of labour and you will get a receipt for it

Myric,

I was not going to discuss a specific case with you, because quite frankly it's not right. Also i told you to get your 2 PRO's to talk to each to each other and to liaise with the Labour department, which is what you need to do. End of.

tnx dxbsoul.

it's been a great help!

Chocoholic wrote:Myric,

I was not going to discuss a specific case with you, because quite frankly it's not right. Also i told you to get your 2 PRO's to talk to each to each other and to liaise with the Labour department, which is what you need to do. End of.

oi

only me says "end of......" find yer own punch line ya copy cat

@dxbsoul

i found out that the visa that will be issued for me is sharjah visa.

i called MOL hotline and asked them if i'm also ban in sharjah eventhough that i have worked in dubai. they said i have a ban regardless of the emirates.

if i will go in MOL dubai and re-appeal for my NOC or pay to uplift my ban, doesn't mean to say, it is only for dubai? that it is useless to pay because my visa is sharjah visa?

pls. help

tnx much!

Hi there,

The UAE labour law is a federal law issued by the federal government, however as the UAE is a federation, it is up to the individual emirate to determine how exactly the law will be implemented, or if they prefer not implemented. In Dubai there are many examples of this, such as life imprisonment for drug offences; where as the other emirates have a capital punishment policy.

In the instance of changing sponsors (outside of Dubai and the free zones) the following is applicable:

Transfer of Sponsorship


The foreign employee or worker cannot transfer the sponsorship from the employer he/she works for to another employer, except if the following conditions are fulfilled:

First: To be classified under one of the categories hereunder:
1. Engineers.

2. Doctors, pharmacists and nurses.

3. Universities and higher college teachers.

4. Experts, legal consultants, economists, financial, & management staff, who hold university higher degrees

5. Computer / information system analysts and programmers, who hold university degrees in these field.

6. Specialist and technicians in the field of oil and gas exploration and other related fields.

7. Athletes coaches for different sports.

8. Specialists in sea and air navigation.

9. Other categories subject to ministry approval.

Second: Conditions for sponsorship transfer approval:
1. Worker or employee shall hold with the new sponsor the same occupation he/ she used to hold with the previous Sponsor .

2. Worker or employee should be a holder of a valid residence visa stamped on his / her passport.

3. Worker or employee should have completed at least 2 years of service with previous employer.

4. Worker or employee should obtain approval of the visa transfer from the Sponsor after completing two years. - the NOC

5. No U.A.E or GCC citizen, who is registered as job applicant with the competent authorities is available to occupy the job, subject matter of the visa transfer.

tnx for your quick response, i really appreciate it.

regarding on what you have stated, honestly speaking, i still don't know what am i going to do with my situation.

my company did not give me an NOC. our management approved my NOC but when it comes to our president for his approval, he objected. he said that from that day onwards, no one will be given an NOC.

i was very disappointed because our division, our general manager, who really knows our job performance approved my NOC but when it was forwarded to the president of the whole group of my company (in which he doesn't know our job performance), rejected my approved form for the issuance of NOC.

where should i talk regarding this case or to re-appeal to uplift my ban, sharjah (mol) or dubai (mol)??

i worked in dubai but the company i will be transferring will issue sharjah visa. now, i don't know where to go to re-appeal my ban - sharjah or dubai???

i've talked to my new company's PRO but i think, he is not that good or versatile to do some other options. that's why, i have to know what to do so i can rely to him the things he will do.

tnx for your help and god bless.

Who’s the registered sponsor of the company, the president of the company?

The registered UAE national partner or owner is the person who has to sign the NOC, this is the same person who sponsored your residency visa.

If it is a large company you may find the president of the company is not necessarily the person who owns the company or sponsors the employees.

Basically if they won’t sign it there is nothing you can do, if you had to go to labour court they company would simply say that the manager did not have the authority to promise you a NOC, and unless you have a promise in writing from the owner, there is not much you can do about it.

Have you considered looking for a suitable job in a free zone??? Then you wouldn’t face the same issues that you are now facing.

our HR Manager is the one signing the NOC letter. but without the approval of the president, they will not do it.

yes, you're right! that's their escape goat now.they told me that the president rejected my papers eventhough the general manager of my division signed my papers that he has no objection to give me an NOC. from the first day that i've resigned,he already signed my papers that he has no objection regarding the issuance of NOC. but when it was my last day, they said that the president rejected it. they ruined my life because i had an offer in a government offices here where NOc is not required. but because, all i know is that i will have an NOC, i rejected them and pursued the other company. i have an offer in one of the international companies in dubai and it is very disappointed that i could not get it.


well, thanks for your big help. god's will, i will find the right job for me.

more power!

Looks like NOC rule is going to severely restrict anyone thinking of changing jobs within dubai. I talked to many HR people and all of them agree that there is little that can be done about it. NOC can not be over ruled for financial considerations.

I have already resigned from my present job after 6 years of work. I have an offer in hand but due to unavailability of NOC, I am unable to join within next 6 months.

Just one question. Will the NOC rule and 6 Month Ban still apply if I find a job in a Free Zone?

i think if the job offer is in free zone or semi-gov, gov't companies no need for NOC.

schandel wrote:Looks like NOC rule is going to severely restrict anyone thinking of changing jobs within dubai. I talked to many HR people and all of them agree that there is little that can be done about it. NOC can not be over ruled for financial considerations.

I have already resigned from my present job after 6 years of work. I have an offer in hand but due to unavailability of NOC, I am unable to join within next 6 months.

Just one question. Will the NOC rule and 6 Month Ban still apply if I find a job in a Free Zone?

I want to point out that you would be banned even if you have the NOC or not as you have not completed the minimum of 2 years with your employer!

Freezone would be the best place to look for work!

dbxsoul wrote:

schandel wrote:Looks like NOC rule is going to severely restrict anyone thinking of changing jobs within dubai. I talked to many HR people and all of them agree that there is little that can be done about it. NOC can not be over ruled for financial considerations.

I have already resigned from my present job after 6 years of work. I have an offer in hand but due to unavailability of NOC, I am unable to join within next 6 months.

Just one question. Will the NOC rule and 6 Month Ban still apply if I find a job in a Free Zone?

I want to point out that you would be banned even if you have the NOC or not as you have not completed the minimum of 2 years with your employer!

Freezone would be the best place to look for work!

Huh? My maths says that six years is more than two years...

ooops.... my mistake!

i miss-read 6 months for 6 years... must be all the dates and water i'm gorging myself on

@dxbsoul

regarding this 6-month ban? yesterday, i think, new mission visa was implemented. this was implemented before but with certain categories.

now, this is for all the employees. can we get this mission visa eventhough that we have a 6-month ban?

If it were a ban.. is it an automatic ban (by immigration) at time of visa cancellation or the employer need to file/request it first to immigration?