> UAE: Curiosity – Frequently Asked Work Ban Questions – Dubai | Work Permit UAE, Immigration Services, Relocation Moving to Dubai, Abu Dhabi, UAE | Move One InMotion
Relocations

Making relocations easier our services

Immigration

Comprehensive, efficient immigration solutions

Moving

Worldwide door to door moving services

Pet transportation

Transporting your pets with care and experience

Fine Art Shipping

Expert Fine Art shipping and handling services

Logistics

Worldwide project logistics and freight forwarding

Home » Expat Life, Immigration, Middle East

UAE: Curiosity – Frequently Asked Work Ban Questions – Dubai

FAQs clarifying areas of confusion

By Immigration Specialist
February 2, 2012
Share...   


UAE flagThis FAQ is not a substitute for legal advice and readers are advised to contact the UAE Ministry of Labor helpline for official information regarding a specific situation.

Question: When is a work ban imposed and how can it be removed?

Answer: A work ban can be imposed on an employee either by the Ministry of Labor or by an employer. A work ban can last for six months if it is imposed by ministry or for one year if it is imposed by the company during which time the individual is not allowed to work in the UAE.

A six months ban is generally imposed when an employee leaves a job without completing two years with an employer. A one year ban may be imposed based on company’s request when an employee resigns before completion of a limited period contract per the agreed terms.‎

The regulations related to private companies registered with Ministry of Labor describe three cases when an automatic six months ban can be removed:

  1. If an employee is to be paid by a new employer according to his/her educational qualifications. The employee must prove qualifications by presenting a fully legalized educational certificate. If an employee holds a university/MBA degree, he/she should earn a minimum of 12000 Emirati dirhams (approximately 3300 US dollars) a month in order to lift the ban. Diploma holders (post secondary) should earn not less than 7000 dirhams (approximately 1900 US dollars) and workers who have passed high school should be paid a minimum salary of 5000 dirhams (approximately 1360 US dollars).
  2. The contract is terminated due to the employer’s violation of legal and labor obligations towards the worker, or in case the worker has no role in terminating the work relationship.
  3. The employee is transferred to another company the employer owns or has shares in.

Question: I am working on a limited contract. I want to resign before completing contract per agreed terms. Will there be a ban imposed on me?

Answer: If you have not completed two years with your current employer, you will be automatically banned by Ministry of Labor for the period of six months. Furthermore, in case of a limited contract, your company may impose a one year work ban. If both bans are applicable, the total period within which an employee will not be allowed to work will be one year.

Question: I have a work ban on me and it cannot be lifted. Will I be forced to leave the UAE?

Answer: You are allowed to stay in the UAE as long as you hold any other type of visa as you will not be able to obtain an employment visa during ban period.

Question: Can I be banned from the UAE permanently?

Answer: A permanent immigration ban can be imposed by the immigration authority for absconding (leaving a job without informing the sponsor) or for criminal offenses.‎

Question: My employer is closing down the company I work for, before I have completed my two years working there. Is a ban applicable in this case?

Answer: If an owner decides to close the company and if an employee has not yet completed two years of employment within that company, an automatic six months work ban would apply to that employee. In order to avoid such ban, an employee can file a complaint at the Ministry of Labor After reviewing a complaint and confirming the facts pertaining to closure of the company, the authority may decide not to impose a ban on this employee.‎

Question: If my new employer is not paying me according to my qualifications can the ban be lifted with a no objection certificate (NOC) from my past employer?

Answer: If you have not completed two years of employment with previous employer, you will be automatically banned by Ministry of Labor for six months. You will not be able to lift the ban by paying certain amount or providing NOC from previous employer in most cases.‎ Obtaining a no-objection certificate might be a possibility only for free zone DIFC.

Question: I want to leave my company while serving my probation period. Is this possible?

Answer: The automatic 6 months ban is applicable even during your probation period.

Question: How do I know if I am banned from the UAE?

Answer: You can check online whether there is a ban on your visa on the website of the Ministry of Labor or by contacting Ministry of Labor directly on the number 800665.

Further links:

http://www.moveoneinc.com/blog/immigration/enuae-curiosity-work-ban-imposed-accompanying-spouse/

http://www.moveoneinc.com/blog/immigration/enuae-government-announces-expat-work-visas/

http://www.moveoneinc.com/blog/immigration/enuae-immigration-bulletin-government-lifts-work-ban-foreigners-changing-employers/


Our articles are for informational purposes only. Should you have any further questions regarding matters related to business immigration to the UAE, please feel free to contact your global Move One immigration specialist, or send an e-mail to immigration@moveoneinc.com .

No related posts.

Bookmark or share this post:

24 Comments »

  • Arsalan says:

    I’m currently working for a private company and it’s been 1 year now. I’m on an unlimited contract. Can I move to another company if the other company is based in dubai free zone OR if the other company pays me AED 12000/month as I’m a university degree holder.

    Regards.

    • Camilla Zalka says:

      Hi Arsalan,

      That is correct. A work ban is not applicable if your new employer is based in a free zone in Dubai.
      If your new employer is a private company registered with Ministry of Labor, the ban can be lifted if you will be paid according to your educational qualifications. You must must prove your qualifications by presenting a fully legalized educational certificate.
      Kind Regards,
      Camilla

      • Arsalan says:

        What if my new employer operates a freezone company in Ras Al Khaimah, can I shift from a private company to a new employer if I haven’t completed 1 year? I’m on an unlimited contract.

        • Alexis Dyson says:

          Unless you have committed a criminal offense, there is no work ban applicable in RAK free zones. You should be able to change employers.

      • Syd Marco says:

        Hi!

        Is a work ban not applicable if your new employer is based in a Dubai FREEZONE? If I’m not mistaken TECOM is a FREEZONE company right? But it seems that when I was trying to apply for a new Employment Visa for my colleague, TECOM rejected the application due to his Labor Ban. His previous company is under labor and he has a limited contract. He resigned and we gave him a better offer than his previous company is giving. But due to the unfinished contract he got a one year ban. The one year ban is causing us trouble to proceed for his Employment Visa do you have any advice as TECOM is telling us that they cannot do anything anymore.

        Thank you and regards!

        • Alexis Dyson says:

          Unfortunately, there is nothing to be done to enable an employee with a one year ban to obtain permits under TECOM. TECOM would accept employees with six months work ban (imposed by MoL to employees who did not complete two years of employment with previous employer) but employees with one year ban (imposed by ex-employer due to breaking limited contract) cannot obtain permits sponsored by TECOM free zone. The employer based in TECOM will be able to process employment permits for this employee only once the one-year work ban has ended.‎

  • Mehdi says:

    I am a Bachelor Degree holder working for a private company and just completed 10 months of a 2 years limited contract.

    I have found a new job in private company in Dubai. My current company is also in Dubai and my new company has agreed to pay me 12,500 AED /month.

    I will get my passport and NOC from my current company and they will not impose any ban on me.

    Can I transfer my sponsorship to my new employer without any ban from Immigration and what would be the total cost from immigration to change my sponsorship?

    • Alexis Dyson says:

      A one-year ban is imposed when an employee resigns before completion of a limited period contract per the agreed terms.

      Costs for change of sponsorship should be covered by your new employer, please consult with them regarding this.

  • Kumar says:

    Hi!

    I am an Electrical Engineer and have been working for my present company for four months. I have received a job offer from a Multinational (they’re paying 8k/mnth). Will the work ban be imposed on me, I heard Engineers are exempt from the work ban?

    Thanks!

    • Alexis Dyson says:

      Hi Kumar,

      Being an engineer is not enough to lift the ban. For any further advice, please email immigration@moveoneinc.com with the answers to these questions:
      * Is your current employer a private company registered under a free zone or registered with the ministry of labor?
      * Is your contract with your current employer unlimited or limited?
      * Is your new employer a private company registered under a free zone or registered with the ministry of labor?
      * What is your new job position?
      * What is your offered salary?
      * What are your educational qualifications?

      Thank you!

      • Kumar says:

        Dear Sir,

        My current employer is a private company registered with the Ministry of Labour. I have an unlimited contract. The new employer said they give a free zone visa, but I will have to confirm. What if they do not? The new position is that of a sales Engineer (8k per month). I have an Degree in Engineering (B.E. Hons).

        Thanks!

        • Alexis Dyson says:

          Hi Kumar,

          In the case of private companies registered with the Ministry of Labour:
          If an employee holds a university/MBA Degree, he/she should earn a minimum of 12,000 Dirhams (approximately 3,300 US Dollars) a month in order to lift the ban. Diploma holders (post secondary) should earn not less than 7,000 Dirhams (approximately 1900 US dollars) and workers who have passed high school should be paid a minimum salary of 5,000 Dirhams (approximately 1,360 US Dollars).
          The employee must prove qualifications by presenting a fully legalized educational certificate.

          In the case where your new employer is a free zone company, the ban may also be lifted, but please confirm which free zone they are registered under.

  • Rajesh says:

    Can I join a competitor company? I am working for an MEP company in Jebel Ali Free Zone (Jafza) for 1 year, 8 months. The company is paying me 4,000AED which is less so I started to look for a new job in the same field as I urgently needed to sort out my financial problems. I got an opportunity from a company for a package of 6,000AED (a direct competitor in Sharjah), which is doing the same kind of business and is ready to pay me almost what I had expected. So I tendered my resignation, saying that I was resigning due to personal financial problems and that I was going to their competitor. After two days of handing my resignation the company called a meeting with me and rejected my resignation. Meanwhile they are threatening me by showing my company agreement policy in which I have signed for the conditions as mentioned below.

    UNDERTAKING FOR NON-COMPETITION – You can’t join direct competitor companies for 5 years. If you violate this, then you have to pay 500,000AED to the company.

    Note: Statement of undertaking for non-competition is in company agreement/policy and not in JAFZA Form-14 contract document, which is applicable or not.

    1. At this stage can I join the direct competitor?
    2. Can I be banned to enter into the UAE as they have threatened me?
    3. Is it possible for me to transfer to the direct competitor without getting a no-objection certificate (NOC) from my existing employer and without exiting the UAE? And tell me about the labor rules and regulations of Jafza under these circumstances.

    Please assist me on this to go further.

    • Alexis Dyson says:

      The statement of undertaking for non-competition must be signed by all new employees in JAFZA and in case this point is violated, the employee must pay the amount stated. The company has the right to impose a ban on the employee in case he insists on leaving the company without paying.‎

  • Xaxie says:

    I am currently working in a private company but I have only been there a few months, approximately 3 months. I am on an unlimited contract and want to resign my current job to move to another company in a Dubai free zone. Will I get a ban for this?

    • Alexis Dyson says:

      Usually a work ban is not applicable if the new employer is based in a free zone but there are variations between free zone rules, as well as regarding the lifting of the ban. We therefore advise contacting the Ministry of Labour helpline for official confirmation.

  • Suresh says:

    I resigned from my current Dubai based employer after 3 months (within probation period), now its in the process of visa cancellation. I got a new job with another company that is based in Dubai Silicon Oasis Free Zone. My salary is more than 12k and I’m a Diploma holder. I just want to know, is there any problem in getting the DSO Visa if the current employer places a 6 month or 1 year ban? Will I be getting the immigration ban?

    • Alexis Dyson says:

      If you have not completed 2 years of employment with your previous employer, you will automatically be banned by the Ministry of Labour for 6 months. Furthermore, as you are on a limited contract, your current employer may request a one year work ban.‎ According to our findings, you will not be able to obtain permits sponsored by Dubai Silicon Oasis free zone. We suggest you follow up on this matter directly with the Government service office of Dubai Silicon Oasis Authority on +971 4 501 0000.‎

  • Alan says:

    Hi,

    I am currently working for a private company and it’s been 1 year now. I’m on an limited contract. My questions are as follows:-

    Can My employer impose a year ban? If yes, how can I avoid it?

    Can I work for a Dubai Free Zone company, even if my employer imposes a year ban?

    I am a University Graduate.

    Thanks!

    • Alexis Dyson says:

      If you have not completed 2 years of employment with your previous employer, you will automatically be banned by the Ministry of Labour for 6 months. Furthermore, as you are on limited contract, your current employer may request a one year work ban.‎

      You may be allowed to find a job within certain free zones in Dubai. Each free zone in Dubai has specific rules, therefore we suggest you contact the Government Service office of the specific free zone, in order to confirm the facts prior to attending an interview.

  • Anju says:

    I have been working for a Dubai based LLC for 3 months under an unlimited contract. I got an offer from Sharjah Airport Freezone for AED13,000/- and I’m a post graduate Holder. I just want to know, if I’m cancelling the current job’s visa which is under an unlimited contract, will there be any issue in getting the Sharjah free zone visa?
    Please advise.

    • Alexis Dyson says:

      Hi Anju,
      We suggest you follow up on this matter with the Ministry of Labour’s Sharjah office directly, +971 6 566 9777.

      • Phillip says:

        Hi,

        I need some advice. I am currently working for a company in a non free zone. I started in October last year and the company has only now started to process my visa. The other day I received a A4 paper that said “employment visa,” however, I have no stamps in my passport and have not done any medicals yet.

        What I would like to know is the following;

        1.Can I just leave the company, as I don’t want to work for them?
        2. Will I still receive a ban?
        3. So far the company is making me pay for my visa, is this legal?
        4. I spoke with someone from the company and they told me, everyone that has left has been made to pay any visa charges and this has been rounding up to 10k. How much is a visa in the UAE?
        5. I am a Civil Engineer however, my company never asked for my degree and put my visa as a follow-up clerk.
        6. If I receive a ban, is this only an employment ban or will I be banned from entering the UAE as well?
        7. I am an Australian passport holder so I don’t need a visa before entering.
        8. I have signed a contract with the company that is only 2 pages and is more of an offer letter. So I don’t think this is a contract.
        9. I have signed no contracts with The MOL as off yet.

        Could you please advise me if I am free to just leave and re-enter on a Visit Visa again?

        Thank You!
        Best regards,
        Phillip Schmidt

        • Alexis Dyson says:

          Hi Philip,

          Your case is quite complex and more information about your employment conditions are required in order to give you accurate advice. Please email us at immigration@moveoneinc.com and one of our immigration specialists will get in touch with specific questions and our consultation fees.

\\ Google analytics tracking code