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Tuesday, May 29, 2012

Six-month ban on job- remains in UAE, but with conditions




Employees need to work a minimum of two years in a company and can transfer to another facility of the same employer

Labour Ministry has clarified the amendments it made to labour laws early this week and said the six-month ban on job transfers remains, but with certain conditions, reported Arabic language daily Al Khaleej.
Humaid bin Dimas Al Suwaidi, Assistant Undersecretary for Labour Affairs, said: "While the amendments in labour laws aim to improve employer-employee relationship and make it easier for people to switch jobs, if the agreements between the two parties are not adhered to or employees breach any of the labour laws, such as not spending a minimum two years with an employer, then they can face a six-month ban."
"There will be no ban if employees transfer to another facility of the same employer or to those companies in which the employer has a share in or is a partner" he said.
Employees will not be banned on taking up another job if the facility is shutting down or they are not paid salaries for more than 60 days. But in such cases the employee must alert the Labour Ministry and submit a report from the Inspection Department within two months, Al Suwaidi added.
Alternatively, employees can also approach the Labour Ministry in cases of unfair dismissal from work without justification; termination before the contract period ends; denial of contract renewal without a valid reason; etc. However, employees should be clear of any breach of practice.
Al Suwaidi said, as per the new amendments, all categories of workers have the right to transfer jobs, but did not specify the number of times a worker can transfer employment.
"The system of transferring sponsorship, which has been valid for more than 30 years, is abolished," he said and called on employers to speeden up renewal of labour contracts.
Meanwhile, according to a source in the ministry, establishments that fall under Category 1 is exempted from providing a bank guarantee.
The Ministry of Labour has amended the labourers' Visa Transfer Law, which, I believe, are in favour of both - the labourers and the labour market. The ministry has ceased the previous condition that obligates the labourer to complete one year continuous service for his/her employer before being permitted to transfer his/her visa to another employer.

According to the new rule, the Ministry of Labour no longer requires such a condition. So, any labourer who has not completed a year's service for his/her employer may transfer to another employer after obtaining a No Objection Certificate (NOC) from the employer to transfer the visa to another employer, provided that the newly imposed fees should be settled. Such fees are called "the one year non-completion fees" which is calculated at the rate of Dh500 per month. For instance, if the employee continues a period of two months service only then he/she would be obliged to pay a fee of Dh5,000 for 10 months.

Now any labourer, who completes a period of  years service and who could not obtain an NOC, can resign and can approach the Ministry of Labour and the ministry - as per his demand - will cancel the visa and apply a six-month ban. With the new rules and upon completion of three years' service, this ban can be lifted and the employee can transfer to another employer without the need to obtain such NOC from the previous employer, provided that the newly imposed fees should be settled in addition to the visa transfer fees. Such new fees are called 'ban lifting fees'. Worth saying is that this new law is not applicable in Abu Dhabi but might be in the future. Therefore, the reader as per the new law will not have any problem as long as the company has promised to grant him a n NOC to transfer his visa.



Contact for any assistance regarding the same: Faisal Ibrahim Mobile: 971 55 2419200 ADAM SME consultant 2A, Ground Floor, Building No.6, Gold & Diamond Park P.O. Box:- 183827, Dubai, U.A.E. Fax: 971 4 341 9702 Mobile: 971 55 2419200 Email : faisal@adamadvisors.com Web: www.adamadvisors.com ISO 9001:2008 NO: ME/08/1147 ADAM Consulting as ADAM advisors

14 comments:

Loriemay Umadhay said...

hi, if the employee are housemaid visa and she want to change for employment,,it is possible?she finish only 1year of her contract for her sponsors as housemaid...need advice or opinion how to transfer visa/.. thank you.

Loriemay Umadhay said...

i am housemaid visa for my sponsor i finish only 1year and i want to change my job to employment,,,it is possible to change what is the processing?i will have also ban?or i will pay?,,

Thank you

Loriemay Umadhay said...

hi, if the employee are housemaid visa and she want to change for employment,,it is possible?she finish only 1year of her contract for her sponsors as housemaid...need advice or opinion how to transfer visa/.. thank you.

Vara Prasad said...

hi i am a employe in dubai i completed 1year in it i want to change my job is there any ban for that? if not any money i can pay ls sugest me

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Anonymous said...

Dear Sir/Mam,

I'm Gowtham, i'm working in a company in UAE for recent 8 months only it's completed, getting salary of 6500 Dhs.

I don't aware of the bans and all... I passed my Diploma & BBA (Distance Education) and my certificates were attested by UAE & INDIA Govt.

I have another one opportunity with Salary of 10000Dhs, Just suggest me whether it's advice able to resign the current job? Is any ban will applicable for my resignation? Shall we can lift, if any bans?

Waiting for the reply from your end..

Regards,
Gowtham

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Anonymous said...

im a filipina working as housemaid/nanny for an arab family with 4 kids.my female employer is a housewife and my male employer is a policeman..their kids staying with me all day long,at night 3 of them are sleeping with me.i have 750 salary.and when i need to go to a dentist they deducted it from my salary..i have 6 kids back home..and i know that salary is not enough but ican't do anything about it. my contract will be finish on feb2014 and im planning to stay here in uae to have a chance for a better job and a better salary as well..im just curious if they allow me to stay here..do i have a rights to stay here and search for another job after i finish my contract with them?i don't like to go home coz i dont have any savings..pls i want to know my rights after my contract is finish ..thank you

asim said...

hi i working as accountant i can change my job with getting noc from my company after one year without getting good salary from a new company

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raisa saligedan said...

Hi I am raisa who working in a cleaning company but o want to change my job being a hause maid can ban will apply or not? Thanks

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Tayyab Hussain Rana said...

dear
i am working in sharjah and just completing my six month in 11th july 2015 with salary of 2000 Dhr. i got better offer of 5000 dhr in abu dhabi. my employee is agree to release me with NOC. May there will be any more problem in transfer my visa ?