UAE: Immigration Bulletin – Government Lifts Work Ban For Foreigners Changing Employers
Changing of employers in UAE becomes easier for foreigners
Since January 1, 2011 foreigners working in the United Arab Emirates are allowed to switch jobs after two years without the need to obtain a no-objection certificate from their present employers. This new regulation is introduced by the UAE Ministry of Labor in the attempt to reform its labor market.
Previously, in case of contract termination or resignation, if the sponsoring company did not provide a no-objection certificate, the Ministry of Labor automatically imposed a six month ban on the foreign worker’s visa. During this period foreigner had to to leave the country.
The new regulation means sponsors will not be able to force employees to continue to work for them if workers do not wish to do so. From the beginning of the year expatriate workers in the UAE may change jobs without the need to worry about the ban, provided they ended the the work relationship in good terms with the employer and they have completed a minimum of two years working with the company (unlimited or limited contract). However, for limited contracts, if the employee did not finish the agreed term as per contract, the company has the right to impose a one-year ban which cannot be lifted at all.
The new regulations describes three cases when the worker has the right to get a work permit without working for at least two years for the employer:
- The new job position belongs to the first, second or third category of professions (as defined by DNRD) with a salary of not less than Dh12,000 ($3,260), Dh7,000 ($1,900) and Dh5,000 ($1,360) in the three classes respectively.
- 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.
- The employee is transferred to another company the employer owns or has shares in.
Saqr Gobash, the Minister of Labor said “The Ministry will only interfere in the employer-worker contractual relationship if it detects infringement in obligations stated in the labor contract.”
More on the subject: UAE – Expatriates May Transfer Sponsorship
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 .
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Hi! I’m currently working in Dubai. I have got an offer from a company in a freezone. I just want to check, if my current company puts any sort of labor or immigration ban would there be any issues if my prospective company in the freezone tries to apply for my visa?
A work ban is not be applicable if the current or new employer is based in a free zone in Dubai.
Please take a look at our work ban FAQ page for more information.
Dear Sir,
Can I ask if a 6 month working ban is also applicable with a Mission Visa (90 DAYS)?
Thanks!
Hi,
I have a one year ban imposed on me from my previous company and now I am working on a free zone visa. I am basically a mechanical engineer drawing a sum of 8,000 AED per month. My ban will be over by July 20th and I have got an offer from Dubai which is for 12,000 AED per month. I wanted to know how I can get into that company when the ban is still there. Please advise.
Thanks,
Rijo
Unfortunately, in order to join the new non-free zone company, you will have to wait until July 20, 2012 when the ban imposed by your first company ends.
Dear Sir,
I am an A/C Technician. My visa started 25 January, 2010 and will end 25 January, 2013. Now that 2 years and 2 months has passed, I want to go to another company. Please tell me if I will face the ban or not and my company will not give me an NOC. Please reply.
We do not have enough information regarding your case in order to advise you. Is your company registered with the Ministry of Labour or with a free zone? In case it’s a free zone, please specify its name.
I have a limited contract with a company and I am on my husband’s visa. The employer is not satisfied with my work, he is angry about anything and everything all day. I want to leave my job but he won’t let me as he is not getting another employee. He says that if I leave the job I have to pay 45 days salary to him. What should I do now?
Please consult a lawyer to review your contract and your rights as an employee. Your employer should not be able to force you to pay.
I had the same problem as Sana… Eventually I got sick and had to leave the country, also to get medicine but after I came back he charged me 45 days salary and banned me for 1 year. I’m on my husband’s visa. Even the Ministry of Labour informed me that there is nothing I can do. Is this right, why is it so unfair? He did not spend a penny for my visa. Please help.
Hello Support Staff,
I am entering into a 1 year temporary employment contract with a bank. In their employment agreement they are placing a restriction that states that I can not leave them and join another organization before the contract period is over, and if I do so, I have to serve a 1 year ban before re-entering UAE market.
Also note that I have a Masters Degree qualification and have almost a decade of experience and the salary I shall be drawing is almost half of what a university graduate generally gets in the UAE.
Please clarify what the process is to overcome this.
Regards,
Shariq
If your employer is a private company that is registered with the Ministry of Labour and you resign before completing your limited contract per the agreed terms, a one year ban may be imposed. Unfortunately this ban cannot be lifted.
Is there any ban if I get an opportunity in a Free Zone? My visa is limited. I also overheard that one can lift the ban if one pays a fine of around 5,000AED. Kindly shed some light on this regard. Thanks!
Hi Jafar,
A work ban will not be applicable if your current or new employer is based in a free zone. Please take a look at our work ban FAQ page for more information: http://www.moveoneinc.com/blog/immigration/enuae-curiosity-frequently-asked-work-ban-questions-dubai/
Thanks Support Staff for your input and clarity.
Can this be lifted if its done with the mutual consent between myself and the employer. Please advise.
Regards,
Shairq
Hi! Can anyone suggest how I remove a blacklist, my company cheated me. I want to come back but how? Please reply to this.
If you feel the ban is unjust, you can try filing a complaint with the Ministry of Labor. The review process however, takes many months and there is no guarantee that the ban will be lifted.
Hi there!
I want to ask, is there a difference between a labour ban and an immigration ban? Here is the situation, my cousin left the country without informing his employer. I’ve checked with the labour ministry and they imposed a 1 year ban on my cousin. My concern is that I don’t know if he can still come back to Dubai, because we don’t know if he has an immigration ban.
Thank you!
If an employer files an absconding case against an employee, the employee will not be allowed to enter the UAE on any type of visa. If the employer imposes a one year labour ban (for breaking a limited contract before its completion), the employee will not be allowed to work within this period, however, he/she will be allowed to stay in the UAE on any other type visa (visit/tourist).
Hi,
My husband is working for a private education company in a Northern Emirate. He is working on a limited contract for two years. He gets around 6k per month. Now he has completed 6 months, going into his 7th month of work. He recently got a new opportunity with the fire department and they say they are a government organization. They are offering a salary of 7.5k – 8k. He is a post graduate. He is afraid he may get a ban from the present company for one year. Somebody told us that to transfer to a government job, there is no ban. Is this true? Should he tell his present company that he is going to a new job? Can you please help us make the right decision? Thank you very much!
There are no bans in government and semi-government jobs. Please contact the Ministry of Labor for official advice regarding your specific case or email us at immigration@moveoneinc.com to request our consultation fee.
Hello,
Can I ask if those of Egyptian nationality are banned to work in the UAE?
Hi JR,
Other than Israelis, no other nationalities are subject to visa bans in the UAE collectively. Visas may however be banned based on individual circumstances.
Hello.
I have a two year limited visa. If I want to leave my company after a year of service, is there a certain fee I need to pay my employer?
Note: It was stated on our contract that if I resign BEFORE the completion of a minimum 1yr service there is a need to repay the company with the recruitment cost.
Also I am a University Degree holder but my salary is only 1/4 of what I should be receiving.
Thank you.
You have to pay per the provisions of your contact. Please note that this payment however, will not lift an applicable work ban. If you have not completed 2 years of employment with 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 I suggest you contact the Government Service office of the specific free zone in order to confirm the facts prior to attending any interviews.
Thank you for your untiring reply’s. I just want to also ask, how much the lifting fee for the ban is? I already finished 1 year of a 2 years unlimited contract. I’m thinking of transferring to another company, not in a freezone and I’m willing to pay the ban. Thank you.
Hi! Sir,
I’m on my husband’s visa and I resigned from my job before the end of the contracted period due to my health condition. My company charged me 45 days salary and banned me for 1 year. Is there any way I can work during the the ban? Please advise.
Unfortunately it is not possible to work during the period of a ban. The one-year ban can be lifted in some special cases, however we do not have enough details about your case to advise on this possibility. Please email us at immigration@moveoneinc.com if you are interested in our consultation services.
I’m on my husband’s visa. I was working for a private company in Dubai however, I resigned during my probation period. He charged me 45 days salary and banned me for 1 year. Is there any way I can lift this ban or any company I can work? Please advise.
Hi!
I am an MBA graduate and have been working with a company since May, 2011. Now I want to switch companies as my present company is not doing well in the market. I am sure that if I change my job I will get a ban.
Can you please advise me how I can tactfully move to a new company? What should I take care with when joining a new company to avoid this in future?
*Please note that my visa was not stamped using my MBA certificate. I have an archives clerk visa.
*My present company will support me with a NOC or with any other docs needed.
Hi Shabeer,
Immigration rules are variable in the UAE, therefore we need to know more specifics about your situation in order to advise you. Please email us at immigration@moveoneinc.com to request our consultation fees.
Hi, I have worked for less than a year in a non-free zone company with an unlimited contract. In my labor card and contract I’m a sales executive, however I have worked as a secretary for the first few months, prior to this a PRO and business consultant. Before I left I was receiving a salary of AED3K only. My contract says my monthly is AED2K and the rest is miscellaneous. I resigned amicably because of a difference in management views and the fact that the salary does not compensate for the work load (9 hours a day and six times a week). Now I’m here in Dubai with a visit visa. I have a lot of interviews however they are hesitant to hire me because of this labor ban issue. I would like to know if there’s a way to go around this. I would appreciate if any one could clarify and help me understand the labor ban so I can also find a job. Thank you.
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. You will be able to lift the 6 months work ban if you will be paid by the new employer according to your educational qualifications. If an employee holds a University/MBA degree, he/she should earn a minimum 12,000AED a month in order to lift the ban. Diploma holders (post secondary) should earn not less than 7,000AED and workers who have passed high school should be paid a minimum salary of 5,000AED. You will need to submit fully legalized educational certificates proving your qualifications. If your new salary will be less than 5,000AED or if you are not able to provide legalized educational certificates, you will not be able to accept employment with any private company registered with the Ministry of Labour (outside of a free zone).
Hi! I have a sister in Dubai which fled from here previous employer and she is now working with another family and they think she is a legal worker. It has been 2 years since here work permit expired, she ran away because of low wages. What is there for here to get a legal work permit?
Hello,
Can I ask how to compute the gratuity in the UAE? I’m on an unlimited contract and want to end my contract after 2 years. Do I need to have a written letter informing them that I’m ending my contract within a 1 month notice period?
Please consult the UAE Labour Department or a lawyer in the UAE to get the legal information.
Hello! I am working for a private company in Dubai on an unlimited contract. I have worked for this company for 2 years and 4 months. Since our salary has been delayed by 3 months and I got a new work offer from another company, I resigned from my position. I finished my one month notice period after my resignation. I saw my cancellation paper and its written that I am not allowed to have a new work permit after 6 months from the cancellation date. Is there a possibility to lift this ban? If my new employer is from a free zone area, is this 6 months ban applicable or not? If my new employer is not a free zone how can I lift the ban? I hope you can help me. Thanks.
You may be allowed to find a job within certain Free Zones. Each Free Zone 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.
Hi! I am a doctor working for a private hospital in Dubai. I am on a limited contract for 3 years. I have completed 2 years 3 months. I want to change my job to another private firm.
Will there be a ban on me, what is the procedure to change jobs, will I have to pay 45 days salary and can I claim annual leave money which I have not taken?
Kindly help me.
Dear Sir,
For the last 4 months I’ve been working for an electronics company in Dubai as a Sales Executive but I’m not happy with it because I’ve being fooled by the agency who sent me over here and I have no experience whatsoever in this industry. I have 7 years experience in Media and Arts but I’m doing sales here. I just want to know whether I’m eligible to apply to a free zone company, how long I should wait before applying and also whether there will be any fine?
Please update me on this, it will be a great help.
Dushan
If you have not completed 2 years of employment with your previous employer, you will automatically be banned by the Ministry of Labour for a period of 6 months. Furthermore, as you are on a 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.
Hi,
I am currently working in Abu Dhabi on an unlimited contract. I have decided to change to a different company after only a year. Will there be a ban imposed?
Yes, a six-months work ban is applicable for leaving a company without completing a minimum of two years.