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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.

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.

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!!................

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.

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!!.........

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.

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.

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?.

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.

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.

yes, excluding the FZ's.
The Law is a Federal Law and covers all emirates

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.

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.

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

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.

Can you confirm if a visa transfer is possible for someone with an unlimited contract working in Al Ain.

I am under probation with a company in Al Ain which has issued a work permit but im yet to undergo medical and residence visa stamping on my passport.

I was curious to know if ban lifting would be possible in this scenario.
I have worked for 2 weeks but the ultimate job id want to get involved with has turned up with an alternative employer.

Id be willing to pay ban lfiting fees if personally required, but i just need to know if a transfer is feasible under these circumstances; an answer would be appreciated.

If you're on probation, that implies you've been working less than a year for the company so you'd get a six month ban if you leave, in other words no transfer. More here ...

http://www.dubaifaqs.com/visa-ban-uae.php

I am an Engineer joined company on november 2008 and now completed 6 months. In my offer letter, they promised me family accomadation after sucessful completion of 6 months. But now they are refusing to give the family accomadation. If I resign due to this reason by giving one month notice period, what about the ban? In my contract, they have not mentioned about Family Accomadation, only in offer letter. Is it possible to leave the company without ban? Or can I take any action against the company?

If you resign then you will probably get a ban. If they haven't fulfilled the terms of the contract and are not willing to negotiate then your first step should be to call the labour department or a lawyer.

Back to top 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. Can same company remove ban and get employment visa for me during ban period. If yes, how much it usually takes

Hi,
I was an IT Engineer working under freezone visa from DIC. I was working under this employer for over 4 years. Then I received an offer from a Government company in Abu Dhabi. I got everything ok from my company and I was under processing the visa from the Government company. During the medical test with the government hospital they rejected my visa mentioning that I have TB. And I was deported. When I tested from my home country I don't have any TB active, but I have a history of TB about 20 years back. I have got a medical report from the local Authorities and certified by the local UAE embassy. Can I apply for the removal of life time BAN on me? If so how can I do it? Please advice.

hel i am working in dubai with engineer visa last 2 months and i have entered in to the limited contract . at this moment as my company is struggling to get the profit margin they are planning to close the division and already started terminating the people before probationry periods.
at the same time they ready to give NOC also whoever wishes.

1)will be there any chances to shift my employer with this NOC

2) IF ban is imposed can be any chances are there to lift .

hel i am working in dubai with engineer visa last 2 months and i have entered in to the limited contract

don't understand what you saying, are you still on a visit visa or have you actually signed a labour contract?

if on visit visa (still) then you are not legally employed and can move without a NOC or ban.

normally if you terminate the contract within the probation period you'll be banned - sorry

Question, a company transferred to another freezone, a new trade license was created for the new freezone area and closed the license of the previous one. What is the status of its employees as they will need their visa sponsorship transferred to that freezone too and also since the previous trade license was closed, the employees are being required to sign a new contract, new labour card, etc.

Are the employees entitled to be given their gratuities?

Will they be considered new employees hence the counting of their length of service with the company starts again at the beginning or will it just be continued as such?

What is the usual procedure for this kind of situation?

Thanks in advance for any helpful information out there.

Question, a company transferred to another freezone, a new trade license was created for the new freezone area and closed the license of the previous one. What is the status of its employees as they will need their visa sponsorship transferred to that freezone too and also since the previous trade license was closed, the employees are being required to sign a new contract, new labour card, etc.

essentialy the company has closed, and has opened as a new one, under a new license. this means all staff are required to sign new contracts and are technically new employees. as the business is in another freezone a new labour contract is required (as the labour contract is actually between you and freezone authority and not the company who employs you). if the new company was formed/ created in the same freezone then there would be no problem and no need for a new labour contract

Are the employees entitled to be given their gratuities?

this depends on the freezone regulations of the FZ in which you were employed, note they are freezones and are NOT subject to exactly the same labour laws as people working in one of the emirates - legally they are not part of the UAE or subject to federal laws. i have seen in some freezones that there is NO provision made for employee gratuities, each FZ has its own regulations.

Will they be considered new employees hence the counting of their length of service with the company starts again at the beginning or will it just be continued as such?

new employees

What is the usual procedure for this kind of situation?

there is no usual procedure for this within a FZ, if it was in any of the emirates (and not a FZ) and the company was closed and another opened with the same sponsor then you could simply transfer from one business to another without loss of benefits (if any)

Thanks in advance for any helpful information out there.

good info thanks

Hi Dbxsoul! I have been reading this thread and it sure have a lot of useful info regarding employment here in Dubai. I hope you will be able to help me answer a few questions of my own which, unfortunately, I have not encountered in the entire thread.

The scenario is like this: I sponsored my sister for a visit and after a month she got a work for a company here in Dubai. After two weeks with the company, she resigned. When her visit visa expired, she exited the country. I wanted to get her back So I went to DNRD to apply another visit visa for her. However, when they checked their system (DNRD), they said it is not possible to get a visit visa for her as there is a current online work visa application under her name. The work permit application was from the company that she resigned from a month back. DNRD informed me that I will only be able to apply for a new visa if the work permit application is cancelled or withdrawn by the company.

I contacted my sister's previous employer and after many follow-ups and calls, the company informed me that they will cancel the online visa appliaction only if I pay AED4200. Is this legal or permissible? And does a cancellation of a work permit application really cost this much? Please note that my sister has not signed any contract (English/Arabic) yet nor did she underwent medical examinations.

Giving the above scenario, will my sister still be subjected to 6 months work ban? I wanted to bring her back to UAE (on visit visa again) but I am not sure when that would be as it will depend whether she will be imposed with the 6mos ban or not.

I would really appreciate it if you will be able to shed some light on the above questions.

Thanks.

bhing82 wrote:Hi Dbxsoul! I have been reading this thread and it sure have a lot of useful info regarding employment here in Dubai. I hope you will be able to help me answer a few questions of my own which, unfortunately, I have not encountered in the entire thread.

The scenario is like this: I sponsored my sister for a visit and after a month she got a work for a company here in Dubai. After two weeks with the company, she resigned. When her visit visa expired, she exited the country. I wanted to get her back So I went to DNRD to apply another visit visa for her. However, when they checked their system (DNRD), they said it is not possible to get a visit visa for her as there is a current online work visa application under her name. The work permit application was from the company that she resigned from a month back. DNRD informed me that I will only be able to apply for a new visa if the work permit application is cancelled or withdrawn by the company.

I contacted my sister's previous employer and after many follow-ups and calls, the company informed me that they will cancel the online visa appliaction only if I pay AED4200. Is this legal or permissible? And does a cancellation of a work permit application really cost this much? Please note that my sister has not signed any contract (English/Arabic) yet nor did she underwent medical examinations.

Giving the above scenario, will my sister still be subjected to 6 months work ban? I wanted to bring her back to UAE (on visit visa again) but I am not sure when that would be as it will depend whether she will be imposed with the 6mos ban or not.

I would really appreciate it if you will be able to shed some light on the above questions.

Thanks.

It seems what has happened her is that your sister has allowed the process to start for her work/residence permit and as such the company has invested time and money in her. Please correct me if I am wrong.

There's a fee of AED 200 only to apply an employment visa and it can be canceled by the sponsor. There's no ban applicable in this case.
But if the sponsor had deposited the labor card fee once the approval has come through, the charges may vary according to the status of the sponsored company, but still ban is not applicable upon cancellation.

Hi Guys! Thanks for your insight. It is most appreciated.

Sage, Yes, we could say that the process has already started stating the fact that the application is already in place.

Janathar, what do you mean by "had deposited the labor card fee"? Does this process come before the visa application or after? Or does this process happen after you are done with the medical exams and they are processing the Visa stamp and labor card?

To expand, I have asked from one of the person there in DNRD regarding the cost of the cancellation and they informed me that it will only cost AED 260. And the company has the option to either cancel or transfer the application to another person. With this conflicting information, from DNRD and the company, I'm now more confused that is why I am asking. I was thinking that maybe the company (or in this case the manager I spoke to) is just milking me for money (trust never come easy here in Dubai!).

Do shed some light!