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tuppa wrote:I have been working in Dubai with my current employer for approx 4 months now, however I have recently been offered another job with another company which i would like to take up.

If I resign from my current job, will I be automatically be slapped with a ban because I haven't completed 12 months tenure? If so, will it be a 6 month or 12 month ban.

firstly you are correct in this assuption. there will be a 6 month ban; as you have not completed 1 year of continuous service you cannot transfer your position either with or without the sponsors permission

under uae law, your sponsor may also terminate your services within the probation period (stipulated in your contract) without any benefits being paid out to you (leave accrual, gratuity etc)

Also, how would my situation be affected if I receive a NOC from my current employer?

no, see above


And finally, if my residency visa was cancelled for 6 months, would i be able to work on visit visa if i left the country every 60 days (subject to my new employers agreeance)? Then upon the completion of the 6 months be re-sponsored?

working on a visit visa is illegal, even if you new employer gave you a letter (which i guarentee they will not) - although many people work on visit visas this is illegal and punishable by a fine, deportation and permanent black listing (meaning you may never enter the country again). the employer also faces a fine of 10,000AED if this is his first offence and/ or suspension the company labour card at immigration.

I apologize if we are going over old ground here, but I have heard and read so many interpretations of the laws that i would appreciate if someone could advise specifically on my situation.

weary_heart wrote:but we have this so-called, probationary period, right? he has been working for this company - 4 months only, btw, how long is your probationary period?

and is the new company inside the free zone? if it is, then there should be no problem with ban issue if the visa is cancelled.

sage & onion wrote:

weary_heart wrote:but we have this so-called, probationary period, right? he has been working for this company - 4 months only, btw, how long is your probationary period?

and is the new company inside the free zone? if it is, then there should be no problem with ban issue if the visa is cancelled.

It will depend whether ot not the residense permit has been obtained (a lot of companies do not process all the documentation until after the probation period is over)

devilsdiciple wrote:First tuppa which category do you belong to Eng/Doc/MSC etc.....

the catagory restriction on labour bans has been removed if you are a manager or a tea-boy you are now all subject to the ban

Second - Any time u cancel your application you get a 6 month labour ban.....This means you cannot be issued a labour card unless you have a offer from a company in the free zone....Then it doesnt really matter..

true


A 6 month labour ban can be lifted by paying a Dhs 5k or 6k fee....Not sure of the amount...

depends on your company status (managers pay more than tea-boys )

It is not easy for a comapny to ban you for 1yr...They have to give a suitable reason.....

very true - it normally has to be some infringment of article 120 of the labour law, which has to be reported to the police as well as the labour office to warrent termination. in most instances this would carry not just a 1 year ban, but a permanent black listing of the employee

Also getting a NOC from a company is quite difficult because by you a NOC the company would have difficulty applying for a new visa.

this in effect is related to the point above, the current sponsor doesn't have to give you a 1 year ban - he simply has to refuse to give you an NOC - QED

Hope this helps...

scarlet wrote:Why the 1 year rule? Say your contract stipulates 6 months probation and you then you have to reimburse expenses if youleave within that time - then can you leave after 6 months?

Do certain education levels avoid this?