UAE, Abu Dhabi, Dubai lawyers & attorneys, Cairo Law firm advise on labor law and regulation
Egypt, Cairo, Dubai, Abu Dhabi Sharjah, Ras Al Khaimah – U.A.E- advocates, barristers, lawyers for employment – labor- law
U.A.E federal Labor law , organize The labor ban in UAE, and how to solve
Employees working in the UAE may be banned for up to one year if they try to change jobs.
The ban can be implemented even when an employee quits his or her job after two years of service.
It can be lifted, however, if the new employer offers the candidate a better position than the existing one and a salary that suits the person’s qualification, according to a scale set by the ministry.
The rules and regulations that stipulate when a ban can be imposed and enforced depend on a number of legal grounds.
Traditionally, the Ministry of Labour can automatically impose a ban when an employer terminates an unlimited labour contract before completing one year of service.
As a general rule, a labour ban is still “imposed on all expatriate employees in the UAE who are working in the private sector when they want to change from one employer to another if they left the current employer without having completed a minimum of two years service.
The employment ban, labour ban, work permit ban are used for the same thing which means one will not be allowed to perform any kind of work in the U.A.E. Abu Dhabi, Dubai, for a certain period of time and these are imposed for six months, one year, or there could be life ban.”
A one-year ban may be imposed at the request of a sponsor if a worker resigns before the completion of a limited period contract.
A permanent ban could also be given to absconding employees or those who violate the labour law.
But there are exceptions to the rules.
Residents can move to another company if the employee remains under the same UAE sponsor or if the employee has a higher level of education to fulfill a position that is needed within the country.
“Employees who have been slapped with a six-month labour ban for breaking their contracts before the expiry of two years can work for a new company, provided they hold at least a high school diploma and have been offered a good position and salary by the new company.”
Employees working in the UAE who receive a six-month labour ban for breaking an employment contract within two years can have the ban lifted if the employee is changing job for the companies under the same sponsor.
If the employee has a NOC (No Objection Certificate) from the current sponsor then he or she will be able to move to another company under a different sponsor.
The minimum salary in a new position is Dh5, 000.00 for high school diploma holders, Dh7, 000.00 for post-secondary school diploma holders, and Dh12, 000.00 for Bachelor degree holders.
No fee will be imposed for lifting the labour ban when these conditions are met, according to a senior administrator at the ministry.
United Arab Emirates’ Ministry of labor is still imposing the six-month labour ban on employees who quit their jobs before completing two years of service, but the ban can be lifted if the new employer offers the candidate a higher position and a salary equal or above the salary set by the minister against his or her qualifications.
If the employee violates the contract in any way, then irrespective of resignation or termination, a ban can be enforced.
Women sponsored by family:-
A mandatory six-month labour ban applies to both men and women, even if individuals are sponsored by family members, and is calculated from the date an employee’s labour card is cancelled at the Ministry of Labour.
A six-month ban imposed by the UAE Ministry of Labour on people who fail to complete the period of employment stipulated under labour rules also applies to working women sponsored by their family members.
Women seeking to change their jobs or leave work before completing the contractual obligation of two years with their employer would automatically be banned.
The ban would take effect the moment a woman under the sponsorship of her husband or father cancels her labour card.
“This is an administrative ban, meaning that a block is inserted into the ministry’s computer system preventing an application for labour approval being processed against banned person’s name and passport number.
The ban cannot be lifted by paying a fine.
Expatriate workers would receive a one-year ban if they failed to get their sponsor’s consent before changing jobs.
“No one is allowed to switch jobs even if they complete many years in their [current job], without the consent of their sponsor.
The new law allows workers to change employment in cases such as when the company employing them has closed down and no longer exists.
“But those workers will be given one-year ban if they do not file a complaint at the Ministry in less than two months after the – closure- of their company.