19/12/2015
One year ban-UAE
Which acts would result in the termination of an employment contract, and result in the employee being banned from working in the UAE for one year?
The following acts by the employee would render the employee banned from working in the UAE for a year.
1. If the employee leaves his employment without a justified cause before the end of a specified there in the employment contract; or
2. In the case of an unlimited contract without giving one month’s notice of termination; or
3. The employee leaves his employment before the lapse of one month’s notice; or
4. The employee violates Article 120 of the Law; or
5. The employee works with another employer full/part time at the same time as working for his original employer.
These sanctions would only be applied if a complaint was filed by the employer requesting such.
I was working for a company here. I was blacklisted forever due to a theft case in 2005. Now a company has appointed me at the Sharjah Hamriya & Jebel Ali free zone. Is it possible that I can get an employment visa on the company sponsorship for two years?
Blacklisting or a ban is a legal mechanism in the UAE that prevents a resident or an employee from re-entering into the UAE, or from accepting any employment position with a new employer for a fixed period of time.
Workers and visitors may be subjected to an entry ban or a work ban, depending on what they have done while they were in the UAE. Blacklisting or ban could be broadly categorised into two types i.e. employment ban and immigration ban.
In an employment ban, A person is not permitted to work in the UAE for a specific period of time due to breach of certain provisions of the UAE Labour Law. An employment ban is usually given under the following circumstances:
A permanent ban is usually imposed on absconding employees.
A ban for a period of six months will be automatically imposed by the Ministry of Labour, in case if a worker has not completed two years with his current employer. An immigration ban is usually imposed for serious labour offences or crimes committed by person. Therefore, an immigration ban means that one cannot enter the UAE, irrespective of whether the person intends to enter as a visitor or for residency. Since you were convicted of theft, an immigration ban was imposed upon you. Therefore, you will not be allowed to enter into the UAE.
I have been working in a company here on an unlimited contract. I have resigned recently with 30 days notice period. I would very much appreciate if you kindly advice me on the labour ban, if any, end of service benefits, and my passport which they kept with them.
First of all, the employer does not have the right to hold the employee’s passport without the latter’s consent. Secondly, according to Articles 125, 131, 132,133 and 137 your end of service benefits are; a certificate of service (free of charges), the expenses of sending you back to your home country (a ticket and any other agreed upon expenses according to the labour contract), and your gratuity would be the salary of 21 days for each year divided by three. Finally, Under the UAE laws, if an employee leaves a job without completing two years, then, the Ministry of Labour will impose a work ban for six months or for one year if requested by the employer (KT).
Q: I worked for a company under my husband's sponsorship and quit the job after 18 months. During the cancellation of my labour card, I came to know that I was imposed a ban for one year. Does it mean that I cannot accept a job until a year is over? Is there a ban for women working under husband's sponsorship? And what is the best possible way to lift the ban and start working again?
A: It is noted that you have been imposed a labour ban as you had terminated your employment of your own volition after 18 months of service.
Pursuant to your question it may be noted that upon imposition of a labour ban, a new work permit is not issued by the Ministry of Labour for the period that the ban remains operative. As in your case, the employment ban is for a duration of one year, a new work permit may not be issued to you for the same period.
However, it may be noted that employment ban may be lifted if you are being offered a salary which corresponds to your educational qualifications. This is in accordance with the provisions of Article 4 of the of the Ministerial Resolution No (1186) for 2010 on - "Rules and Conditions of Granting a New Work Permit to an Employee after Termination of the Work Relationship in Order to Move from One Establishment to another" which read as follows:
"As an exception to the provision of Item No. (2) of Article (2) of this Resolution, the Ministry may issue a work permit to the employee without requiring the two year period in the following cases:
a. In the event that the employee is starting his new position at the first, second or third professional levels after fulfilling the conditions for joining any of these levels according to the rules in force at the Ministry, and provided that his new wage is not less than Dh12,000 at the first professional level, Dh7,000 at the second professional level and Dh5,000 at the third professional level.
b. In the event that the employer violates his legally stipulated obligations to the employee, or in the event that the employee is not the cause for terminating the work relationship as mentioned in Article (3) of this Resolution.
c. In the event that the employee moves to another establishment owned solely or jointly by the same employer."
Pursuant to the foregoing, if you are holding a bachelors' degree which is duly registered and attested in accordance with the prevailing regulations of the UAE, then in accordance with your educational credentials you must be offered a minimum salary of Dh12,000 in your subsequent employment.
Further it may be noted that a letter of no-objection from your previous employer for you to join another employer, would have been effective if the same was submitted at the time of cancellation of your employment contract. However, since the employment ban is already in place, a letter of no-objection from your employer may not be effective any longer.
Subsequently, it may be noted that labour bans may also be imposed on women residing in the UAE under their husbands' visa sponsorship, if they seek to terminate an existing employment contract before the completion of two years of continuous employment.
The resolution of your problem would be to secure an employment where you are being offered a salary, which corresponds, to your educational qualification as stated hereinabove. Alternatively, it is learnt that labour bans are usually not effective within the jurisdiction of the various free zones operating in the UAE. Pursuant to this you may also look for prospective employment in any of the free zones, or with an entity, which may provide you with a free zone visa sponsorship. (KT)
GCC-wide ban for deported Gulf Expats
Gulf Co-operation Council (GCC) countries have started applying a law that bans expatriates deported from any of the six countries from entering the rest of them.
Visit/Tourist Visa During One Year Employment Ban Period
You can get Visit/Tourist Visa during one year employment ban period if the ban was imposed by Ministry of Labour.
for more please visit : http://www.visaprocess.ae/details.php?page=oneyearban
