Last updated on September 25th, 2019 at 09:25 am
Lifting Work Ban
If you have a work ban in UAE, also known as visa ban or labour ban and want to get lifted before it expires in 6 months or 1 year time, you should read further.
A six months ban in UAE is most usually imposed on an employee when he/she leaves the job without completing two years of contract with the company or the employer.
A one year ban in UAE may be a compulsory basis on company’s request when the employee leaves or resign the job before completing the limited period contract based on the agreed terms and conditions.
Simply, if the employee have not completed a period of two year contract with the current employer, then the employee will be automatically banned by the Ministry of Labour for a period of six months. In case of a limited period contract, the company may request to the Ministry of Labour for a one year work ban in UAE.
If you want to lift work ban, provided that you will receive an NOC (No Objection Certificate) from the company who cancelled your labor card. Ministry of Labor will impose the ban when the employee leaves the sponsoring employer before the expiry of the labor card provided that the employer’s NOC is not accompanied with the cancellation/transfer request.
Ministry of Labor may also lift the work ban without the requirement of NOC in the instances that the employer has violated the terms of the employment contract and the Minister of Labor or the Court has found in favor of the employee who was entitled to terminate the contract early or without the statutory notice period.
Transfer of sponsorship
For the expatriates (non nationals), along with the right to live in UAE have the right to work. For expatriates, it is required to be sponsored by his/her employer, so that they can acquire an employment visa and work permit. In case of certain unsatisfactory conditions like less salary, the employees can change their jobs by transferring the sponsorship from one employer to another. The employee should obtain the consent of his/her previous employer so that it will not affect the transfer of sponsorship. The employee need to serve at least one year of continuous service with the present employer. If the employee couldn’t complete one year of service and wish to change the ownership, the sponsorship transfer application could still be accepted by the Ministry of Labour but an additional fee would be payable.
The request for the transfer of sponsorship should be done within 1 month from the expiry / cancellation of the previous sponsorship along with the required fee of 200 Dhs and the NOC from the previous employer.
Source of law (UAE Labour Law):
- UAE federal law no 8 of 1980 articles 6, 121, 128 and 129;
- Ministerial Decision no 8 of 2006; Cabinet Decision no 3 of 1977.
It is always a wise decision to seek legal assistance from a reputed labour law firm such as Khairallah Advocates & Legal Consultants, UAE. If you get a work ban in UAE, make the legal consultation fast with the best law firm and get proper legal assistance from the experts.