A labour ban is a common term you will encounter if do not fulfill your labour contract agreement. This a type of ban that can run from 6 months to one year depending on the situation. This means that you are not allowed to work for another UAE-registered company within the imposed time-frame. So before signing your job offer and employment contract, you need to understand them properly.
Note: When you finish your contract (usually 2 years), then you will not have a labour ban. This article is for those who plan to resign from their jobs without completing the contract.
Related Post: Labour Ban and Immigration Ban
How the Labour Ban Can Be Cancelled
The work ban can be lifted or cancelled so long as the employee is able to find work in a new company with a good position. The new position should have a qualification of:
– a Bachelor’s degree holder with a minimum salary of 12,000 AED – 1st professional level
– a diploma holder with minimum salary of 7000 AED – 2nd professional level
– a high school diploma with a minimum salary of 5000 AED – 3rd professional level
Source: Article (4) of Ministerial Resolution No. (1186) for 2010 – Read the Article here – MOL Work Permits and Employment Cards – search for 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
Note: These documents should be submitted by the new company to the Ministry of Labour. Contact the HR of your new employer on how these could be processed.
Working in a Freezone or Government Company
Another way to avoid the labour ban, based on experience, is to transfer to a freezone company, and according to other OFWs, to transfer to a government organization. Be advised that you need to speak with the HR of the new company (Free zone or Government) if they can process your visa employment prior to submitting your resignation letter to make sure that the transfer of employment is done properly.
Signed Mutual Agreement Between Employer and Employee
UPDATE: According to a recent update in January 2016, so long as there is mutual agreement between employer and employee to cancel the contract, the ban can be lifted. Provided that both parties have a written agreement on the said cancellation, Read more here.
Note: Information posted above is only a guide. It is good to seek legal counsel or contact the UAE Ministry of Labour for inquiries regarding your specific case. For a full coverage of the UAE Labour Law, it is best to visit the Ministry of Labour website and read the document.
Helpful Articles Regarding UAE Labour:
- What is a Limited Contract?
- What is an Unlimited Contract?
- How to Lift UAE Labour Ban?
- How to View Your UAE Labour Contract Online
- Difference Between Limited and Unlimited Contract