How to Remove Ban in UAE
New year just started, today is the second day of new year 2018 and expats around the world will focus on searching new jobs in UAE specially in Dubai and Abu Dhabi.
Expats who are working or living here in UAE will try to get rid of current job, they will try to apply for new jobs, some of them will cancel their visas due to unfair rules by companies.
This Article is Specially for You:
This article is specially for those who are looking to transfer their visas, or want to Cancel their current visa either by resignation or termination by company.Questions we are going to discuss in this Articles are:
1: Who can face ban in 2018?
2: Who are exempted from UAE Ban in 2018?
3: Can I leave job without completing my contract in 2018?
4: Can I face ban if I leave job without completing my contract?
5: What are the safest profession categories in UAE?
6: How to Avoid Ban in UAE?
7: How to get NOC for Labour Ban?
8: How to remove Immigration Ban in UAE?
9: Can I join new company within 6 months of contract?
10: What is the maximum ban period in case of early visa cancellation?
11: Who will pay 45 days salary in resignation case?
12: Who will pay 45 days salary in termination case?
13: Will I pay any money to company If I want to cancel my visa?
Many expats are facing Labour Ban due to their hurry act or not getting enough information from authentic resources before changing or cancelling visa.
So, we are going to answer above asked questions, hope it will help many expats throughout this year and it will definitely help those who want to change sponsor or looking for another job in future.
No more Ban Rules:
Before proceeding to answers, please note that MOHRE previously Ministry of Labour announced on January 1, 2016 that there is no more ban in UAE, but there are some facts (terms and conditions) that need to be read first.
What is my Contract Type?
It is very important for every worker who is working in UAE is to get enough information about his/her contract, do you know your contract type? If no check out below details.
There are 2 Types of Contracts in United Arab Emirates.
1: Limited Contract:
Limited contracts or Limited term contracts also known as fixed term contracts that are using for fixed duration with listed beginning and completion dates.
For Example: If your contract contains starting and ending date, it means you are under limited term contract.
Below is the sample of Limited Contract in UAE.
2: Unlimited Contract:
Unlimited Contracts where the employee (worker) continues his/her work for company (employer) from a specific time (date) till the agreement or contract is terminated by first or resignation by second party after giving prior notice of 30 days.
Once you understood the types of UAE contracts, it will be easier to understand next step regarding UAE Labour Ban 2018.
Leaving Job on Limited Contract:
If you have a Limited contract to work with your company and looking to change sponsor or leaving company without completing your contract, you will be liable (responsible) to pay your employer (company) with an amount not exceeding your 45 days total salary.
45 days salary by Law:
Point to be noted that salary for 45 days should be in full not basic salary, so if you are working under Limited contract, please be aware of 45 days full salary rule.
Article 116 of LABOUR LAW states:
"Where a contract is revoked by the worker for reasons other than those specified in article (121), he shall be required to compensate the employer for any prejudice the latter sustains as a result; provided the amount of compensation shall not exceed half the worker's remuneration for three months or the residual period of the contract, whichever is shorter unless the contract contains a provision on the contrary."
Can I face Ban on Limited Contract?
Yes, if you have not completed the contract, you may face 1 Year Labour Ban.
This will only implement if you are not under first 3 categories, we have given full details of Employment categories below.
The provisions pertaining to imposition of Labour ban follows the provisions of Article 128 and 129 of the UAE Labour Law.
Article 128 deals with the provision of law in respect of termination (cancellation) of a limited time employment contract and is stated:
"Where a non-national worker leaves his workwithout a valid reason before the expiry of a contract for a limited period, he may not, even with the employer's consent, take up other employment for one year from the date on which he left his work. It shall not be lawful for any other employer who is aware of the fact to recruit such worker or keep him in his service before the expiry of such period."
Leaving Job on Unlimited Contract?
You are lucky if you owned an Unlimited Contract, Employees (workers) who are working under Unlimited Employment Contract in UAE have legal rights to terminate the employment contract by giving a prior notice period of 30 days to the company.
Article 117 (Federal Law No 8) of UAE LABOUR LAW states:
"Both the employer and the worker may terminate a contract of employment of unlimited duration for a valid reason at any time following its conclusion by giving the other party notice in writing at least 30 days before the termination."
Can I face Ban on Unlimited Contract?
"Where a non-national notifies the employer of his desire to terminate a contract of unlimited duration and leave his work before the expiry of the statutory period of notice, he shall not, even with the employer's consent, take up other employment for one year from the date on which he left his work. It shall not be lawful for any other employer who is aware of the fact to recruit or keep him in his service before the expiry of such period."
How to remove Ban in 2018?
There are 2 legal ways to avoid Ban in 2018:
1: Mutual Agreement:
2: Professional Qualification and New Salary from New Company:
What is Mutual Agreement?
Employees (workers) who decide to terminate or cancel employment contract/visa with a permission from their employers (Companies) will be permitted to transfer to other companies (employers), even if they have not completed two years at the present company.
A: How to Avoid Ban on Mutual Agreement?
As per Latest UAE Ban Rules �No More Ban� that was announced 1st January 2016 is based on Mutual Concept/Agreement and that ban can be dismissed if the work permit or employment are terminated on mutual agreement between employee and employer (worker and company).
In simple words, ban may not be imposed in cases where the employer (company) and the employee (worker) have mutually agreed to terminate the employment contract.
Article 130 states:
"The provisions of article 128 and 129 shall not apply to a non-national worker who, before taking up other employment, obtains the authorization of the Minister of Labour and Social Affairs with the approval of the original employer."
Professional Qualification and new Salary from New Company:
Please note that employment bans are not imposed if after termination of an existing employment contract, one is subsequently offered a remuneration prescribed for one's professional qualifications.
In simple words, if you are holding below education certificates or your educational qualification meets below written levels, and your new company agreed to pay you the salary written below, you are under new Ban Rules that is �NO MORE BAN�.
Level 1 (Bachelor Degree Holders):
Employees (workers) who are holding a bachelor�s degree are coming under category 1 Profession list, will require minimum 12,000 AED salary in offer letter and Ministry contract from new employer (company) to avoid Automatic Ban.
Level 2 (College Certificate/Diploma Holder):
If Employee (worker) is holding college certificate (category 2 profession list) or attested diploma, the minimum salary to be written in offer letter and contract by new employer (sponsor/company) should be 7000 AED.
Level 3 (Secondary Education Certificate):
Expats with Secondary Education Certificate are coming under Category 3 Profession list, will require minimum 5000 AED salary from new company. This salary should be written on Offer Letter and Employment Contract.
So, the first 3 Categories and Levels can easily avoid ban, if they can get above mention salaries in Ministry contracts.
Article 4 of the Ministerial Order No. 1186 of 2010 states:
As an exception to the provision of the Item No. (2) of Article 2 of this Resolution, the Ministry may issue a work permit to an employee without requiring the two-year period in the following cases:
a) If 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."
Which profession is coming under above mentioned 3 Categories?
Before proceeding to Profession names, please keep in mind that Level 1, 2 and 3 are under NO LABOUR BAN RULE with Mutual agreement while Category 4 and 5 Excluded from the New Labour Ban Rule and may face Labour Ban, if not completed the contract.
Level 1 Professions (Bachelor Degree):
1. Management (Manager)
2. Engineering (Engineers)
3. Doctors
4. Teachers
5. Accountants
6. Accounts Clerk
7. Marketing Specialists
8. Quantity Survivor
9. Draftsman
10. Pharmacist
11. Administration Officers
12. Executive Secretary
13. Reservation Officers
14. Safety Officers
15. Public Relation Officers
16. Advertising or Graphics Designers
The minimum salary for Level 1 professions (Category 1 skilled workers) should be 12,000 AED with Attested University/Bachelor Degree.
Level 2 Professions (College Degree/Certificate):
1. Technical workers
2. Technicians
3. Mechanical Related Professions etc.
Salary on new contract should be 7000 AED along with Attested College Degree/Certificate for Level 2 Professions (Category 2 skilled workers).
Level 3 Professions (High School Certificate):
1. Sale Executives
2. Sale Representatives
3. Sale Supervisors
4. Site Supervisors
5. Administration Clerks
6. Correspondence Clerks
7. Custom Clearance Clerks
8. Cash Desk Clerks
9. Ticketing Clerks
10. Cashiers
11. Receptionists
12. Store Keepers
13. Tourist Guide etc.
Level 3 skilled workers will require Attested Secondary Education certificate with minimum 5000 AED salary on a contract from new company to avoid ban.
Level 4 & 5 Professions (unskilled Workers):
Level 4 and Level 5 professions are known as unskilled workers, Level 4 and 5 professions include:
1. General Labours
2. Housekeepers
3. Construction Labours
4. Helper
5. Cleaner
6. Loading & Unloading
7. Office Boy etc.
Workers who are under Level 4 and 5 are not included in NEW UAE BAN RULE, incase if category 4 and 5 (Unskilled Labours) have not completed the contract with their companies are exempted from this rule and may face ban up to 1 Year.
Have you got your Profession name in above mention list? If not, please comment below with your profession name to check your Profession Category.
Click Below Image to read about Gratuity Calculation for 2018.
Click Below Image to read about Gratuity Calculation for 2018.
Admin Advice:
You may contact (MOHRE) the Ministry of Human Resources and Emiratisation (previously, the Ministry of Labour) in the event of a dispute with your employer (company) or should you face any infringements/violations in respect of your rights as an employee (worker).
Admin Request:
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