UAEssentials | Ask The Law
How long will job ban be?
Please guide me as to the situation explained below. I work as a sales executive for a Dubai company.
- Gulf News Report
- Published: 01:22 February 22, 2008
A reader from Dubai asks: Please guide me as to the situation explained below. I work as a sales executive for a Dubai company. I began working for this company in October 2006 but my visa was stamped in June 2007. So I have an appointment letter from October 2006 and a visa from June 2007. Now I want to change my job and I know my company will not agree to let me go. So I have to cancel my visa from the present company, and I will have a ban. I want to know in this situation will the ban be for six months or more than that? In this situation if I want to change my job is it possible to waive the ban by paying Dh5,000 in fees. Are there any other charges I have to pay in labour or immigration fees or to my present company other then this? At present my family is in the UAE, and I want to continue their visa during this transition period. Is this possible?
The Ministry of Labour counts the beginning of work as the date of the employee's labour card, as well as ratification of the employment contract, while the date of the residence visa stamp is not counted.
In case the sponsor has not issued a labour card for the employee, or ratified the employment contract (although the employer has already commenced work with the sponsor) then in the event of conflict on the date of commencement of work, the employee is entitled to prove the date of commencement of work with the employer before a court by all means of proof available.
As for the possibility of the questioner resigning from the present company, as well as transferring to another sponsor, the questioner does not explain the type of employment contract he signed, whether it is for a limited or unlimited period.
If the questioner's contract is limited, then he has no right to transfer to a new sponsor, and he should abide by the contract, otherwise, he may be subject to a year's ban due to his violation of the labour law, and also he will be obliged to compensate his employer for the same period.
But if the questioner's contract has been for an unlimited period, and he wants to leave then the Ministry of Labour will impose a six-month ban on the questioner.
The questioner may not lift such a ban, unless he obtains a NOC to transfer sponsorship from the present sponsor because he has not completed three years with the present sponsor.
If the questioner was able to obtain the said certificate from his sponsor, he may adjust his family's status by simple and easy procedures.
Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants
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