With the differing versions from agent & companies etc. on the labour regulations in Dubai on employment ban, I am hoping someone here could shed some light on this topic.
First of all, my understanding on the labor regulations are as below:
1. The Ministry of Labour & Social Affairs issues the employment visa while the Ministry of Interior or Immigration issues the residence visa.
2. The approval of the employment visa is followed by the approval of the residence visa.
3. The Ministry of Interior or Immigration does not impose any ban on expatriate employees anymore with their circular issued on 21/8/05. They have left it entirely to the Labour Ministry to ensure that labor laws are upheld by employees.
4. When an expatriate employee resigns from a private company to join another company, he either has to cancel or transfer his visa. He may be liable for a 6-month or 1-year ban by Labour if he doesn't comply to laws set out by the Labor Ministry during cancellation or transfer.
5. The criteria to be met for transfer and cancellation is different. It is becoming increasingly complicated and difficult for the transfer of visa. The easier option today is simply to cancel and re-apply.
With the above understanding (if they're correct), my queries are as follows:
1. Can an expatriate employee get a 1-year ban from Labour if he has not completed 1 year of continuous work with a private company in Dubai when he cancels his visa (not transfer). I can't seem to find this clause anywhere in the regulations.
2. If he receives a ban from Labour, is the ban applicable or enforceable when he is joining a company under the Ports, Custom & Free Zone Corporation.
3. Is there a help desk in the Labour Ministry where someone can consult a labour officer on his particular case prior to any cancellation of visa to avoid a ban.
Any light on this topic would be greatly appreciated.