Wednesday, November 17, 2010

Hi friends, I need to know when an employer can impose one year ban in uae?

i am working in sharjah since apr 2007 for a co which is distributor for a software product from swiss. now the swiss co has changed the distributor. And that new distributor has offered me a job . In this case can the old employer impose a one year ban on me. If yes then how to get it removed.Hi friends, I need to know when an employer can impose one year ban in uae?
The Naturalisation and Residency Department will not stamp a work ban on the passport of a resident who wishes to change sponsors, unless the Ministry of Labour instructs that it be imposed.



The resident will then only get a renewable visit visa. The person will not get a resident visa or a work permit. The ban is usually for six months to a year.



The transfer form can be obtained from any typing centre. If the labour department is involved, you will also need a form from that department.



Those working for a government department can transfer to another government department in another emirate, but you need to apply for an application form at the entry permit section.



Your present sponsor will need to sign on the forms. You will have to submit the original documents and passport to the new sponsor for signature and company stamp.



The next step is to go back to the present sponsor and get the visa cancelled and then get the residence visa stamped.

If the first sponsor cancelled your visa without asking that a work ban be imposed on you, the Labour Ministry and the Naturalisation and Residency Department will, however, automatically stamp a work ban on you if it does not receive a 'no-objection' letter.



You have to stay with your current company for minimum one year or in case you have a limited contract you have to fullfil this. If you do that, then there is no reason for a one year ban and a six months can be paid of by the new employer.

Most important thing: get a NOC from your former employer!



Take care and good luck!Hi friends, I need to know when an employer can impose one year ban in uae?
Don't do drugs.
You mentioned April 2007 u started working with your employer. I think you have to work a minimum of one year before you change the sponsor. Please clarify this .

1 year ban is not possible if you have not done anything that worse which is against the UAE law.



Good Luck
AN ANSWER I FOUND

SEEMS THAT TO GET A BAN ONE MUST BE IN VIOLATION OF LABOR LAW KNOWINGLY



A reader from Ras Al Khaimah asks: I am working in a consultancy company as a secretary and will complete one year in September. I want to cancel my limited employment visa. My question is, do I pay for my limited employment visa for cancelling it after one year? Would I get a six-month or a one-year ban for cancelling my limited contract?



The questioner would be subject to Article 116 of the Labour Law, which states that if the limited labour contract is cancelled by the employee for reasons other than as mentioned in Article 121, then the worker shall be liable to compensate the employer for any losses affected him as a result of breaching the contract, provided that the compensation amount shall be no more than the value of half the monthly wage for three months or the remaining period of the contract, whichever shorter, unless the contract states otherwise.



Therefore, as per the above mentioned article, the questioner would be in violation of the Labour law, and he or she get a one year ban.
read your contract...no contract? then they can't enforce anything.

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