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How to Remove Ban in UAE (UAE Ban 2018)

After New Year struck the calendars, people all over the world will start looking for jobs all over UAE, especially Dubai and Abu Dhabi.

Employees who are already currently working in UAE will focus on leaving their jobs for new ones and even some of the will try to cancel their visas so that they may save themselves from the unfair rules set out by their respective companies.

 

This article is written specifically for all those seeking help from this issue:

This article is written specifically for all the people who are in the middle of this issue and are currently in need of transferring or cancelling their visas which occurred by either their resignation or termination.

Questions we are going to discuss in this Articles are:

1: Who will be facing the ban in 2018?

2: Who are eligible to be exempted out from UAE Ban in 2018?

3: Is it possible to leave the job without completing the contract in 2018?

4: Is it possible to get marked with a ban on myself after leaving my job without completing my contract?

5: What professions are considered the safest in UAE?

6: Is it possible to avoid getting banned in UAE?

7: How to get NOC for Labor Ban?

8: How to remove Immigration Ban in UAE?

9: Can I join new company within 6 months of contract?

10: What is the maximum ban period in case of early visa cancellation?

11: Who will pay 45 days salary in resignation case?

12: Who will pay 45 days salary in termination case?

13: Will I pay any money to company if I want to cancel my visa?

 

Many workers are currently facing Labor Ban due to their quick decisions or not getting enough information from authentic resources before changing or cancelling their visa.

All the questions that are asked above will be answered below, with a hope that it will guide a lot of workers who are looking for a better way out for themselves by quitting their old job or in search of a new sponsor.

No more Ban Rules:

Before we start answering the questions, it is important to keep in mind that MOHRE, previously Ministry of Labor announced that on January 1, 2016 that there will be no more banning in UAE, but there are certain conditions which are needed to be fully aware of:

What is my Contract Type?

Every single worker, who is working in UAE should be well aware of the kind of contract they have signed and be alert. If they aren’t aware, this is what can help them:

Two kinds of contracts works in the companies of UAE:

 

1: Limited Contract:

Limited contracts are the ones which are of fixed dates to start and end the job.

For Example: If your contract contains a starting and ending date, it means you are under limited term contract.

 

2: Unlimited Contract:

Unlimited Contracts are the ones where the date of starting the work is mentioned but no date of ending the work is mentioned. The employee can work as long as the company terminates them or they themselves quit the job after giving a prior notice of 30 days.

Once you understood the types of UAE contracts, it will be easier to understand next step regarding UAE Labor Ban 2018.

 

Leaving Job on a Limited Contract:

If you have a limited contract to work with your company and looking to change sponsor or leaving company without completing your contract, you will be responsible to pay your employer with an amount not exceeding your 45 days total salary.

 

45 days salary by Law:

It is important to be aware to be in order to get the salary for 45 days, it should not been in basic salary rule. It should be in full. It is very important for the people working under limited contract to be aware of that.

Article 116 of LABOUR LAW states:

"Where a contract is revoked by the worker for reasons other than those specified in article (121), he shall be required to compensate the employer for any prejudice the latter sustains as a result; provided the amount of compensation shall not exceed half the worker's remuneration for three months or the residual period of the contract, whichever is shorter unless the contract contains a provision on the contrary."

 

Can I face Ban on Limited Contract? :

Yes, because if the contract is left in the middle and not completed, one can face the ban.

This rule will only be carried upon those who are not under the first three categories. There are complete details of all the employment categories below:

The provisions pertaining to imposition of Labor ban follows the provisions of Article 128 and 129 of the UAE Labor Law.

Article 128 deals with the provision of law in respect of termination (cancellation) of a limited time employment contract and is stated:

"Where a non-national worker leaves his work without a valid reason before the expiry of a contract for a limited period, he may not, even with the employer's consent, take up other employment for one year from the date on which he left his work. It shall not be lawful for any other employer who is aware of the fact to recruit such worker or keep him in his service before the expiry of such period."

 

Leaving Job on Unlimited Contract? :

It is lucky, and even a wiser job to work for the companies in an unlimited employment contract in UAE, as they will have legal rights to cancel their contracts after giving a prior notice to the companies for thirty days.

Article 117 (Federal Law No 8) of UAE LABOUR LAW states:

"Both the employer and the worker may terminate a contract of employment of unlimited duration for a valid reason at any time following its conclusion by giving the other party notice in writing at least 30 days before the termination."

Can I face Ban on Unlimited Contract?

"Where a non-national notifies the employer of his desire to terminate a contract of unlimited duration and leave his work before the expiry of the statutory period of notice, he shall not, even with the employer's consent, take up other employment for one year from the date on which he left his work. It shall not be lawful for any other employer who is aware of the fact to recruit or keep him in his service before the expiry of such period."

How to remove Ban in 2018?

There are 2 legal ways to avoid Ban in 2018:

1: Mutual Agreement.

2: Professional Qualification and New Salary from New Company.

What is Mutual Agreement?

If the employees had an agreement from their companies to terminate their contracts or visas, they will be allowed to work for other companies without facing a ban.

 

How to Avoid Ban on Mutual Agreement?

According to UAE’s latest ban rules “No More Ban”, which was announced on 1st January 2016, it showed that it is based on mutual agreement and that ban can be lifted if the employment are terminated on mutual agreement between employee and the company.

Simply, they ban may not be for those people where the employer and the employee have mutually agreed to terminate the employment contract with their consents.

Article 130 states:

"The provisions of article 128 and 129 shall not apply to a non-national worker who, before taking up other employment, obtains the authorization of the Minister of Labor and Social Affairs with the approval of the original employer."

Professional Qualification and new Salary from New Company:

Please note that employment bans are not imposed if after termination of an existing employment contract, the person is offered another job at another company on the basis of their skills.

In easy way, if the worker are holding education certificates or their educational qualification meets below written levels, and your new company agreed to pay you the salary written below, you are under new Ban Rules that says “NO MORE BAN”.

Level 1 (Bachelor Degree Holders):

All those employees who are holding a bachelor’s degree are categorized under the category 1 Profession list. They will be provided with a minimum 12,000 AED salary in their offer letter and a ministry contract from the new employer (company) to avoid Automatic Ban.

 

Level 2 (College Certificate/Diploma Holder):

If an employee holds a college certificate (category 2 profession list) or an attested diploma, the minimum salary which is to be written in the offer letter and the contract by new employer (sponsor/company) should be 7000 AED.

Level 3 (Secondary Education Certificate):

Expats with Secondary Education Certificate are categorized under the Category 3 Profession list, and will require minimum 5000 AED salary from new company. This salary should be written on Offer Letter and the respective Employment Contract.

 

So, the first 3 Categories and Levels, the ban can be easily avoidable if they can get above mention salaries in Ministry contracts.

 

Article 4 of the Ministerial Order No. 1186 of 2010 states:

As an exception to the provision of the Item No. 2 from Article 2 of this resolution, the Ministry may issue a work permit to an employee without requiring the two-year period in the following cases:

a) The employee must start working at their new position according to their qualification and fulfilled the conditions of joining these positions, must be paid of their wages in the amount mentioned above, which is no less than 12,000 AED.

Which profession is coming under above mentioned 3 Categories?

Before moving towards the names of the professions, it should be remembered that level 13 are under the “no ban rule” with mutual agreement, while category 4 and 5 are excluded from the new labor ban rule and are likely to face a ban if left without completing the contract.

 

Level 1 Professions (Bachelor Degree):

1. Management (Manager)

2. Engineering (Engineers)

3. Doctors

4. Teachers

5. Accountants

6. Accounts Clerk

7. Marketing Specialists

8. Quantity Survivor

9. Draftsman

10. Pharmacist

11. Administration Officers

12. Executive Secretary

13. Reservation Officers

14. Safety Officers

15. Public Relation Officers

16. Advertising or Graphics Designers

 

The minimum salary which are granted fir the level 1 professions should be 12,000 AED with an Attested University/Bachelor Degree.

 

Level 2 Professions (College Degree/Certificate):

1. Technical workers

2. Technicians

3. Mechanical Related Professions etc.

 

The minimum salary on new contract should be 7000 AED along with Attested College Degree/Certificate for Level 2 Professions.

 

Level 3 Professions (High School Certificate):

1. Sale Executives

2. Sale Representatives

3. Sale Supervisors

4. Site Supervisors

5. Administration Clerks

6. Correspondence Clerks

7. Custom Clearance Clerks

8. Cash Desk Clerks

9. Ticketing Clerks

10. Cashiers

11. Receptionists

12. Store Keepers

13. Tourist Guide etc.

 

Level 3 skilled workers will be requires to submit an Attested Secondary Education certificate with a package of minimum 5000 AED salary on a contract from new company to avoid ban.

 

Level 4 & 5 Professions (unskilled Workers):

Level 4 and Level 5 professions are known as unskilled workers, Level 4 and 5 professions include:

1. General Labours

2. Housekeepers

3. Construction Labours

4. Helper

5. Cleaner

6. Loading & Unloading

7. Office Boy etc.

 

Workers who are under Level 4 and 5 are not included in NEW UAE BAN RULE, incase if category 4 and 5 (Unskilled Labors) have not completed their contract with their companies, they can be exempted from this rule and may face a ban up to 1 Year.

It is important to search for all your respective professions in these categories. If still not found, please comment below with your profession name to check your Profession Category.

| Modified: August 19, 2018 | Author:

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