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dbxsoul · Jan 26, 2009

jhakkasbanda wrote:I was working for a private company in dubai for last 4 years. Now I have a job offer from a government company in Abu dhabi. My previous company is readu to give NOC.
I wish to wat are the procedures for changeover for self and family. and also i have got a car registered in dubai and under bank loan.
do i need to cancel visa for my family and sell off the car??

Hi there. If it is a government company or government department there is no ban. i would check though with the company in question as they will be able to tell you exactly as they would have been through this process before with other staff.

With regards to your family you would have to cancel their sponsorship before yours is terminated. This gives you about 30 days to join with the new company and re-apply for their residency sponsorship in AD.

Regarding the car, it would be best to speak with the bank first, only do this once you have a signed offer from the new company or have even started working for the new company, all they will need to do is have proof of salary from your new employer as I'm sure that your salary will still be paid into the existing account.

The vehicle would have to be re-registered in AD although I'm sure you would be able to use it for a while before transferring its registration. I would suggest that you look elsewhere on this forum as I know the question has come up before, but have no experience in this process.

bong suniga · Jan 26, 2009

Thank you very much dbxsoul.

1. So the means that my labour card expiration on October is my contract expiration as well?Yes, Article 127 specifically included in the Legal Labour contract document (English/ Arabic one), yes , duration of (2) years is mentioned in the Official contract that I cannot join a competitor company.

Actually sir I plan not to renew my contract to my present employer and then go back to my country for 1 month, then I'll go back here in dubai as visit visa to find new employer.

My Questions are:

2. Is Article 127 not automatically ban an employee?Or it should be with the request of the employer and proved to the court about his alligations before the ban is empose to the employee?Unlike the 6 months ban from the labour if you cancell a contract, which is the Ministry of Labour automatically emposed even without the employer request. Am I correct Sir?

3. Is that mean when I come back here in Dubai from my country the ministry of labour will not be a problem for me having a labour card, if I get a new employer? as long as my present company dont know?

4. I'm just Curios sir, if ever the employer proved to the court that the employee is positive against article 127. What are the punishment.

Thank you for answering all my questions and sharing your knowledge, you help me a lot sir...I appreciate it.[/quote]

dbxsoul · Jan 26, 2009

Thank you very much dbxsoul.1. So the means that my labour card expiration on October is my contract expiration as well?

The labour card and labour contract run concurrently for the same periods. The expiry date is stated on the card. Your residency visa as shown in your passport may be slightly different, as labour can be processed independently of labour, although they normally run for similar durations.

Yes, Article 127 specifically included in the Legal Labour contract document (English/ Arabic one), yes , duration of (2) years is mentioned in the Official contract that I cannot join a competitor company.Actually sir I plan not to renew my contract to my present employer and then go back to my country for 1 month, then I'll go back here in dubai as visit visa to find new employer.

My Questions are:2. Is Article 127 not automatically ban an employee?Or it should be with the request of the employer and proved to the court about his alligations before the ban is empose to the employee?Unlike the 6 months ban from the labour if you cancell a contract, which is the Ministry of Labour automatically emposed even without the employer request.

Exactly, Article 127 has to be called for by the employer (in your case), the BIG downside is that all they have to do is call the police and lay a charge against you, the courts will then follow the case. If you are found guilty you can be held personally liable for the loss of earnings by the company! As you are aware in the contracting and construction industry this could literally be millions of Dirhams! As the clause is specifically included in the contract the chances are that court proceedings may go against you. I’m also certain that before you leave your current employer will ask that you sign a non-disclosure agreement - just to make certain that you are aware of the consequences. The article 127 is not a labour ban, but a clause that prohibits you from working for direct competitors of the company.

Am I correct Sir?3. Is that mean when I come back here in Dubai from my country the ministry of labour will not be a problem for me having a labour card, if I get a new employer? as long as my present company dont know?

No, it has nothing to do with the new employer knowing or not knowing; when you apply for labour approval is goes through the Department of Labours computer system. The 6 month ban is in the computer, this means that if anyone tries to apply for a labour card or labour approval for you before the 6 months is up, the system will not allow it! This means that you can enter Dubai again after a month or even a few days on a visit visa, but cannot have a labour card processed in your name for 6 months from the date that the previous card was cancelled.

4. I'm just Curios sir, if ever the employer proved to the court that the employee is positive against article 127. What are the punishment.

See above, it can be a mixture of a jail sentence, a large fine, an amount for damages awarded against you by the courts as well as permanent black listing (ban)!!!! Be very careful, especially if your current employer is well known and has good resources!

bong suniga · Jan 26, 2009

Thank you again dxbsoul.

1. What is the exact meaning of direct competitor?What if I work as a civil engineer in construction business in my next employer the same as my present employer, but I dont affect there bussiness because there client and my client are different, hence we are both in the construction business, Ofcourse Sir there lost will not be my fault in any case,

2. Will I still be subjected in article 127?

3. What if they didnt let me sign a non-disclosure agreement, Is the article 127 still valid ?

4. What are the things that I need to take from my current employer before I leave and after my notice of non-renewal letter?

5. Thus non-competitor means the same business, the same position, the same client, the same subcontractor? what if the same business but different position?

Thanks again SIR, for patiently responding to my questions...THANK YOU

dbxsoul · Jan 26, 2009

bong suniga wrote:Thank you again dxbsoul.

1. What is the exact meaning of direct competitor?What if I work as a civil engineer in construction business in my next employer the same as my present employer, but I dont affect there bussiness because there client and my client are different, hence we are both in the construction business, Ofcourse Sir there lost will not be my fault in any case,

The law in the UAE is very open ended when it comes to definitions, the law is written in Arabic and then translated to English; as such certain nuances in the law may be changed or misinterpreted. My understanding is that Sharia Law is applied in a holistic fashion, an so the law does not have to be specific as it is in “western” terms, its about interpretation according to the circumstances. So in you situation it may mean if you current employer were to loose business loose financially through any actions that you may have initiated either intentionally or even un-intentionally; as long as the old employer can make a reasonable case the courts and police would be forced to look at it.

2. Will I still be subjected in article 127?

Yes the Article 127 that is in your current Labour Contract will remain in effect and can be invoked by you old employer for the duration specified – 2 years.

3. What if they didnt let me sign a non-disclosure agreement, Is the article 127 still valid ?

Yes, it will remain in effect. They may only ask you to sign as a reminder that you are legally bound to the terms in your contract. They may simply tell you that you are still bound by the terms of 127, or may not even inform you at all! It is entirely at their discretion, the fact that it is in your contract and that you signed is legal enough for it to be implemented.

4. What are the things that I need to take from my current employer before I leave and after my notice of non-renewal letter?

MMMMMMM, difficult. Your personal belongings; you may not take any company contact information with you as this would be in direct violation of Article 127 and reason enough for them to pursue the clause of they found such information in your position. Such information would include business contacts, price or costing details, architectural details or files, company policies or procedural information, current tender information etc. You may ask for the return of your qualification if the original documents are kept with the company.

5. Thus non-competitor means the same business, the same position, the same client, the same subcontractor? what if the same business but different position?

Already explained – it depends how the law is interpreted and whether a claim could be substantiated by the employer. Having worked as an employer of people I can tell you how easy it actually would be to find or even manufacture incriminating evidence if I were wanting to specifically get even with someone (not that I have, but how easy it actually is to do!) .....

Thanks again SIR, for patiently responding to my questions...THANK YOU

chrismorgan36 · Feb 01, 2009

Hi,

I was made redundant by my company in Dubai (due to the economic slowdown) and they are refusing to give me an NOC. I had been working for them for 8 months and obviously they are now about to cancel my visa. Can someone help me with the following questions:

1. I sponsor my wife (who is working in Dubai now as well). Can she just sponsor me now instead? Will this mean I still incur a 6 month ban? [I am guessing the answer to the latter is unfortunately yes.]

2. As my wife is on my residency visa, are the company allowed to cancel the visa as then she will have to leave the country as well? [Again I am guessing the answer is yes.]

3. As a general question, why is there no distinction in terms of a ban between someone choosing to leave a company and someone being forced to leave a company?

Many thanks for any help offered.

dbxsoul · Feb 02, 2009

Hi,

I was made redundant by my company in Dubai (due to the economic slowdown) and they are refusing to give me an NOC. I had been working for them for 8 months and obviously they are now about to cancel my visa. Can someone help me with the following questions:

I'm sorry to say that there is nothing that you can do about this situation. Firstly the employer is under no obligation to provide the employee with a NOC, this is not an entitlement irrespective of the duration of service that you may have with the employer. Secondly, as you have only worked 8 months for your current employer a NOC (if you could get one) would still not be sufficient to grant you a transfer - you need to work a minimum of 1 full year with your current employer and still then have a NOC to be able to transfer.

1. I sponsor my wife (who is working in Dubai now as well). Can she just sponsor me now instead? Will this mean I still incur a 6 month ban? [I am guessing the answer to the latter is unfortunately yes.]

No, a woman may not sponsor a male (for residency), unless she is a doctor or a teacher -plus a few other very high level positions.

2. As my wife is on my residency visa, are the company allowed to cancel the visa as then she will have to leave the country as well? [Again I am guessing the answer is yes.]

Correct, when your residency is cancelled hers will be as well. She can however move across to her employer’s residency sponsorship, this would enable her to remain in and continue working in the country

3. As a general question, why is there no distinction in terms of a ban between someone choosing to leave a company and someone being forced to leave a company?

mmmmm.. To a degree there is, normally a person being forced to leave a company for example as he is been found guilty of a criminal act will receive a permanent ban and never be allowed to re-enter the country.

In the past they had two ban, labour and immigration, where you would be banned from working for 6 or 12 months, in addition you would be prevented from re-entering the country for a period of 6 or 12 months. There were exclusions and conditions as well as systems in place to circumvent most of these issues. The ban then was also implemented at the request of the employer, and not mandated by government as the current situation is. The current ban system is in effect a much more relaxed one!

You may well find that in the coming months the labour department revises their current ban system to cater for people who have been retrenched. I have my doubts though.

You can however if you feel your situation is different, unique or unfair take the matter to the Labour Department, as they do have the power to uplift the mandatory ban if the situation warrants it.

Many thanks for any help offered.

Ariez · Feb 08, 2009

Hi, I am working in a private company for almost 4 years now. I want to know if I resign the company and they refuse to give an NOC will I get a labour ban?
Another thing, is the company allowed to reduce a salary without giving a written letter? and knowing that it is 35% of the total package? Please advise.

CaptainCaveman · Feb 09, 2009

Quick question

I'm currently working in Media City and have done for just over a year, my company is terminating my unlimited contract due to cost cutting. Am i right in assuming that as i have completed more than 1year that i will not have a ban and that i do not need an NOC to work for another company. I'm going with a company representative next week to the Oman border to cancel my visa, will i be able to get a 60/90 day visa as the company i'm going to work for do not apply for the residency visa until you have worked for them for 3 months.

dbxsoul · Feb 09, 2009

Ariez wrote:Hi, I am working in a private company for almost 4 years now. I want to know if I resign the company and they refuse to give an NOC will I get a labour ban?

They are entitled to refuse to give you a NOC. NOC is not a right to employees, but is given at the discretion of the employer.

If you do not have a NOC you will be banned.

Another thing, is the company allowed to reduce a salary without giving a written letter? and knowing that it is 35% of the total package? Please advise.

No they are not; this should be reason enough to go to the labour department. I would however need to know more about the actual contract to give you more advice. Type of contract, exact salary and benefits as per the contract, any increases that you may have received since the contract was signed etc..

dbxsoul · Feb 09, 2009

Quick question

I'm currently working in Media City and have done for just over a year, my company is terminating my unlimited contract due to cost cutting. Am i right in assuming that as i have completed more than 1year that i will not have a ban and that i do not need an NOC to work for another company.

Media City is a Free Zone and as such not subject to the same regulations and conditions as the UAE Labour Law. In most cases moving between sponsors in the SAME Free Zone will not incur a ban, there is also (normally) no minimum duration of service requirement within Free Zones.

I would however, suggest that you visit the Media City Free Zone Authority offices and pose the question to them. Each Free Zone uses slightly different variations of their “Labour Laws” so what is standard practice in one FZ may not be in another.

I'm going with a company representative next week to the Oman border to cancel my visa, will i be able to get a 60/90 day visa as the company i'm going to work for do not apply for the residency visa until you have worked for them for 3 months.

This is illegal! The company has the obligation to provide you with a labour card within 30 days after taking “office’ they simply use these 3 months as an unofficial probation period!

It does depend where the new company is, but if they are not located in the Free Zone then you would be subject to the UAE Labour Laws and will still have a mandatory 3 to 6 month probation period after you have served your “unofficial” probation with the company. This means in theory they could terminate your services after 9 months of you working for them and you would not be able to do a thing about it, neither would you be eligible for severance or any form of gratuity; in addition to this you would not have legally even accumulated any leave!!!

And.... to make their offer look even more enticing, as you would be working illegally, you could be subject to a fine, imprisonment and deportation... or all three – for working illegally.

Ariez · Feb 09, 2009

dbxsoul wrote:
Ariez wrote:Hi, I am working in a private company for almost 4 years now. I want to know if I resign the company and they refuse to give an NOC will I get a labour ban?

They are entitled to refuse to give you a NOC. NOC is not a right to employees, but is given at the discretion of the employer.

If you do not have a NOC you will be banned.

Another thing, is the company allowed to reduce a salary without giving a written letter? and knowing that it is 35% of the total package? Please advise.

No they are not; this should be reason enough to go to the labour department. I would however need to know more about the actual contract to give you more advice. Type of contract, exact salary and benefits as per the contract, any increases that you may have received since the contract was signed etc..

My contract is unlimited and salary mentioned is 7,500, yearly ticket as normal because I renewed my contract last June 2008, in October 2008 they increased it to 10,000AED with a written advise but my contract is still the same and not revised.
Thanks.

dbxsoul · Feb 09, 2009

I would honestly advise that you go to the department of labour; if this wage cut has been happening for more than a month then you will have a stronger case. The only way that you could possibly try to get out of your contract at the moment (without the ban), it to prove "non-payment" by the employer.

You will need to take all your documents with you, the increase letter, copies of some bank statements to prove the salary etc.

The Labour Department may then determine whether you have a case to be released from your contract without the ban, or not ....

Ariez · Feb 09, 2009

Thanks a lot for the advise. But I served more than 3 years from the company, how come i will still get a ban?

dbxsoul · Feb 09, 2009

This is a very odd and grey area according to the law.

If you had simply finished your initial 3 year period then there would be no ban. But as the contract has extended you could again be eligible to be banned! I know this sounds very odd, but the law is not very clear on this. As you are aware gratuity etc is based on a 5 year contract cycle, but residency is only valid for three years, so they normally run the labour contract (initial) for a period of 3 years to coincide with the residency renewal.

The best thing in your case is to get a letter from the Labour department confirming this. Remember if you do go to the labour department you may not always get the same person you spoke to previously ....

Feb 11, 2009

dbxsoul · Feb 12, 2009

Thanks for the feedback; some good questions and hopefully I can provide some of the answers or a little more insight at least:

1. Normally this issue is never covered in an interview as most new employees have no idea that two types of contract even exist. A company will normally make use of a specific type of contract and not mix them amongst employees. The Limited term contract is a real bas..rd, and is commonly used by construction companies, labour broking companies etc (in my view associated with companies who don’t see their employees as anything other than labour). It is heavily slanted in favour of the Employer, and offers very little to the Employee – it is extremely punitive in nature (towards the employee) with regards to breaking the contract period early. There is nothing wrong with asking an employer this at an interview, in any case you have to sign the final contract and will see it printed on the document at that time. Simply asking the question will alert and interviewer to the fact that you have done some research.

2. The “1 year minimum work rule” is imposed by the Labour Law of the UAE, this applies to positions within the UAE and Emirate of Dubai, but is not mandatory in the Free Zones. I have to qualify this last section though, as pointed out each FZ is independently operated and as such can institute whatever regulations or restrictions it may see fit – independently of the UAE Labour Law.

3. Interesting one. I’m afraid I can’t really offer much advice there as I have never encountered this before. However, under the UAE Labour Law (which they may use as a guideline in an odd situation), an employee may move freely (and without Ban) from one company to another as long as the sponsor of the companies is the same. Example Mr. Ali X owns two company’s XYZ Paints and TQR Textiles; employee of either of these businesses can be transferred freely without a ban as long as Mr. Ali X agrees to the transfer.

4. No, there is “1 year minimum work rule” NORMALLY in any of the Free Zones. I would however advise checking with the FZ Authority Offices prior to making any rash decisions.

5. Haha… okay; technically no, they can’t do anything, practically though is another story. As an example I had the exact situation for someone I was helping about 2 months back. Offer from new employer in the same FZ, so he went off to get his papers done only to find that the sponsor of the company he was leaving and the Director of the FZ Authority in which he worked were big mates. They declined his transfer and forced him out of the FZ. He was however lucky enough to find another position in another FZ and moved to that.

6. As all the Labour and Residency issues and procedures of FZ an employee is handled by that FZ Authority, the transfer process is affected by them as well – Transferring within the same FZ would require them to draw the folders of both companies and transfer the employer if the conditions are met. With respect to the last section I mean some companies pay more so can have larger staff compliments than others, they obviously won’t allow you to transfer to another company unless the new company had space on their labour card (quota) for you.

7. Basically yes. For example you are employed with the labour designation (on your labour card) as Architect. If you meet all the other conditions for transfer you may only transfer to a new job with the same labour category “Architect”, you cannot transfer as a “Site supervisor”, “Office manager”, “Building inspector” etc… Then again as many things in the UAE it is only a designation on your labour card and does not necessarily mean that you perform those duties in real life! It may have bearing though if they were to re-introduce the old Labour category Ban system. Here only certain labour categories (Such as Doctor, Engineer etc) were exempt from the ban. This applies only to jobs in the UAE; I don’t think category transfers are of any consequence in FZ’s.

Feb 12, 2009

dbxsoul · Feb 20, 2009

1) Interesting, so theoretically speaking, the FZ could put in a minimum 5-year work length just as easily as it could impose no such rule at all? So even in the case their minimum length is less than the UAE’s 1 year, am I correct in thinking that one could hypothetically leave the job after a day and get other employment outside the FZ without an NOC and not get banned?

Yes, they are free to change the regulations to suit themselves or the requirements of the companies within the FZ. As to the second part of the question, as I stated before this depends entirely on the FZ that you are working in.

2) For your contact who got forced out of an FZ but was able to find something else, does that mean he was working in an FZ with no minimum required length of employment or that he’d already met the 1-year minimum? Because otherwise, if he didn’t meet the 1-year requirement in your list would’ve meant he’d have to leave Dubai for 6 months, right?

Exactly, he moved from an FZ that does not ban to a FZ that does not required a NOC.

3) So the most an FZ can do in the absence of you doing something really wrong is to stop you from transferring to another company within the FZ (and perhaps affiliated FZs) – they can’t ban you from the rest of Dubai, right?

Again, this depends on the reguation of the specific FZ. They have to provide a transfer aiuthority letter - think of the FZ as just another employer, but they are able to bend the rules slightly.

4) I’m trying to understand the significance of the probationary period in Dubai. Are companies required to have probationary periods, whether within an FZ or not? Is the probationary period length completely up to the company or is this guided in some way by law? For FZ companies, is the probationary period up to the FZ authority or the company itself?

probation is mandated by law, not less than 3 months and not more than 6 months. FZ's have different rules according to each FZ, there is not FZ "general rule". When working in the UAE (non- FZ employment), as an employee you have basically no rights or entitlements while working out your probation period. If your contract is terminated during the probation period you are banned for 6 months as per the labour ban regulation (minimum of 1 year employment not being met).

5) So what actually changes after you’ve finished your probationary period with a company (in terms of how it relates to bans, as well as any other things that change)?

No change, you only start to accumilate entitlements after your probation (leave etc.) If you have worked out a probation period of 6 months and then completed another 5 months and decied to move you can still be banned as you have not complied with the minimum 1 year employment stipulation.[/b]

sweet29 · Feb 26, 2009

hello i worked there in dubai starting december 03,2008 as a babysitter then bacause of unexpected problem in my country i decided to go home last january 30, 2009 i have no labour card or residence visa bacause i have not yet having a medical so my visa only is the one i bring from the philippines before i go here not renew anymore by my employer....so the labour office put on my passport a sticker with a print of cancelation of visa put on the date of entry on my passport in dubai. my employer told me that i can go back there in dubai if i want but the question is they said if i have a cancelation sticker on my pasport i cannot have a work there in dubai for 6 months. i don't want to go back to my previous employer i want to go there with another job CAN I ?? HOW?

sweet29 · Feb 26, 2009

how to lift a cancelation of visa ??

dbxsoul · Feb 27, 2009

sweet29 wrote:how to lift a cancelation of visa ??

it sounds like they were processing the application and then aborted it. in this instance the 6 month labour ban will still be in effect. according to law you can enter the country again straight away on a visit visa, but will not be allowed to process a labour application for 6 months - around 30 August as the ban is for 6 months from date of cancellation.

ghie · Mar 29, 2009

As per the UAE Labour law, who should pay the ban lifting fee, the employee or the new employer?

dbxsoul · Mar 29, 2009

Please note: There is no longer anything such as a "ban lifting fee", this went out about 4 years ago. As it stands there is no such fee, hence it is not covered by the Labour Law.

Actually it was never covered by the Labour Law in the first place, but was simply a local (Dubai) deviation to the National Law

ghie · Mar 30, 2009

I moved from a Dubai company to Sharjah company and had to pay AED4,000 as my part of the expenses incurred for my visa transfer which cost them over AED15,000 as I only finished 4 months with the Dubai company. The AED4,000 I paid they said is for my ban lifting fee. Now, the Sharjah company is terminating my contract due to redundancy (after 10 months of working). Do I have a reason to complain them to the ministry?

dbxsoul · Mar 31, 2009

this was originally over a year ago, at least 14 months according to the figures you provided. the "lifting fee" which you talk about does not officially exist, what may have actually happened was that you had paid to "grease the wheels of government" - atually a bribe to someone for pulling a few strings.

unfortunately, many are in a similar situation as yours - because of the reccesionary climate. i have heard that there may be a change in rules in the next few weeks to extend the one month grace period (between termination of the labour contract and leaving the country) to a three month period in order to allow people to look for other work. just a rumour at this stage, but i think that the government has realised that there is a serious situation and that they need to make some kind of arrangments to hold onto what labour force the country can afford to.

with regards to legality.. well retrenchment is not covered in the labour law as it has never been experienced in such large number before. you could call them and ask - as i have seen no written notifications covering this form of "termination" in the local press.

missnormal · Apr 05, 2009

I've been working for my employer for a year now but my residency visa was only done a week ago. I never intended on staying more than a year and the innitial (verbal) agreement was according to that. The company has been taken over by new shareholders and mangement and my residency is valid for three years from end of March.

I want to leave in July, but as the company paid a huge fine to get my residency done they want me to pay this back to them if i leave before three years!!!

I was thinking about just going on leave an not returning to avoid these costs... but I am scared that I might not be able to fly to other destinations via Dubai if the ban of blacklist me.

What would be my best option? Will i be able to fly via Dubai if I'm banned or blacklisted?

dbxsoul · Apr 20, 2009

Sorry about the long delay in replying.

Firstly your company cannot hold you liable for a fine for which they were ultimately responsible. they should have had your residency and labor card processed within 60 days of you starting your job. that is the law.

Verbal agreements are not worth anything and cannot be contested in any uae court; all contracts have to be completed by both parties in Arabic to be legally binding.

What type of contract are you issued woth? limited or un-limited, it will state this on the official copy of your labor contract (dual Arabic/ English document).

Breaking a limited contract can incur you a 45 day salary fine. as you have a relatively new contract (again check the contract terms), but you will find that if your contract was only issued (officially) two weeks ago that you still fall within the probation period of the contract (mandatory 3 month period); this means you can actually walk out of your job tomorrow if you like - same applies to the employer he can terminate you within this period without any reason. This is irrespective of if you have worked for them for a year, the previous work experience is not recognized (is actually illegal) as it was not under any form of formal labor contract.

Lastly, if you were to get permanently banned from the uae or Dubai, it would not impinge your ability to pass through Dubai airport as a transit passenger - as you effectively do not clear customs and immigration (in transit). You would probably be able to also on a short (96 hour) transit visa as you do not have to be retina-scanned for this.
Taking another job here would be a different story though. Note, I said permanently banned, this is normally a punishment reserved for criminals or people who have absconded from their employer in the past.

Normally the worst would be a 12 month ban from working for breaking a limited contract or a 6 month ban for terminating an unlimited contract. At the moment there is no residency ban (unless for the reasons stated above - criminal etc.)

songbird · Apr 21, 2009

My sister worked at an property developers company in Dubai and left her employment in early January after 18 months with them. She gave them the correct notice that she was leaving.

Our brother was very ill in the US and my sister repeatedly asked the company to sort out her severance etc, which they did not do. In the end she took the first plane she could and got out because our brother was due an operation the next day. For the previous 4 months the company had not paid the staff properly and was owing money to lots of people.

My sister has checked her work permit status online and has found that it is still active, even after 4 months of her being out of the company and the country. Is a company supposed to notify the authorities when a employee leaves and will they be in trouble for leaving this for so long? Also if they do ban her, will it now be from when her employers cancel her work permit or from when she left the country?

My sister has now been offered another job in Dubai but is worried about the implications. Her old and new company are both in free zones. She has a catalogue of emails to support her case where she consistently told her company about our brother having heart surgery and asking them to honour their commitment towards her so she could leave the country. My sister herself was suffering from bad health previous to her leaving the country.

I believe her employers have severe financial problems and have certainly let a lot of staff go. In fact the property company my sister was working for is now in the hands of another company with most original staff being made redundant. She is on a 3 year unlimited contract.

Do you think that there is any way that my sister will be allowed to work in Dubai again without the 6 months ban? She has all the emails from her employers which can prove the way she was treated. They still owe her money and as you can imagine she was in a terrible state when she left the country. Also they had given her notice to quit her room which means she would have been homeless and without money. Even when told about our brother's heart surgery, her employers did nothing to hurry things up and my sister formed the opinion that she would end up destitute in Dubai. All these mitigating circumstances led to her leaving without cancelling her papers.

We have recently read that the Labour Ministry is reviewing the 6 months ban. Do you think in the light of the circumstances, my sister may be able to bypass the 6 months ban and be able to work at this new company?

I have tried to phone the Labour Ministry as I live in Abu Dhabi but cannot get through. I don't know if her old employer will give a NOL as they are very petty minded. If this is needed would it be best to ask her prospective employer to approach the old company?

We urgently need your advice please as the job offer is on the table and they will not wait forever. Thank you. Michelle

bonk · Apr 21, 2009

Sorry to hear about your brother

.

The labour laws don't apply in the same way in free zones. Try and contact the office handling visa processing in the free zone where you were working.

If your sister's old and new job are in the same free zone then it should be straightforward to change jobs since the sponsor is the same. If different free zones then it depends on the free zone rules.

A 3 year "unlimited" contract doesn't make sense

It should be unlimited or 3 year limited? If unlimited then she might be able to avoid a ban but she needs the NOC so if you think it helps, then maybe get new company to talk to old company.

If your sister is registered as absconding by the company, then it will be more problematic for her (can result in a permanent ban). She needs to resign or be terminated and have work permit cancelled. The company doesn't impose a ban, the Labour Department does, and it's automatic unless an exemption applies. Starts from when work permit is cancelled.

Non-payment of salary is grounds for resigning and filing a case with the labour department (except with a free zone you should file a complaint there first I think).

A review of the 6 month ban could happen tomorrow ... or next month ... or never. Don't count on it.

The labour ministry can review special cases so you could try visiting them and explaining the situation but I don't really have any idea how responsive they're likely to be. If the old company has been taken over by a new company, that is probably the factor that will be most significant in avoiding a ban.

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