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Wednesday, 25 October 2017

NEW LAW: How to avoid labour ban in UAE.

Skilled workers with high-school diploma exempt from ban.

Labour Ban and Immigration ban is still a big confusion for employees here in UAE. A ban on visa means, that the person who is served the particular ban is not entitled to live and work in the UAE for a particular time or permanently. This may happen in a way of:
1.
Labour Ban
2.Immigration Ban

1. Labour Ban 

There are 2 types of labour bans:
  1. 6 Month Labour Ban
  2. One year Labour Ban

6 Month Ban

In the past, companies and employers were able to prevent their employees from changing jobs for 6 months by imposing what is called as labour ban. This would ban an employee from changing visa for the first 6 months of cancelling visa/labour card. This ban system was removed after UAE Cabinet Resolution No 25 of 2010, which removed ban after continuous work of Two years with employer.
MOL came up with new resolutions in lates 2015 and early 2016 which mandated that with educational certificates (Attested high school diploma or greater submitted as part of the visa application process) or who have been working for more than Six months, will not face any labour ban. However, there are instances and examples that Authorities still impose labour bans. However, the labor ban has no impact in free zones.
A 6 month labour ban is an automatic ban which is imposed when you leave your current job without any proper reason. Every employee under Ministry of Labour is automatically banned for 6 month; unless they are exempt from ban due to their new employer status (Freezone, Government), qualification above High School Diploma and salary of AED 5000 for High School, AED 7000 for Diploma holders and AED 12000 for Bachelor’s degree holders.
If you have 6 month labour ban, there is no restriction for you to enter UAE on visit or tourist visa.

One year Ban

A one year ban will be imposed if you have not completed your limited labour contract. You will not be able to visit UAE in case you have been slapped with One Year Labour ban. 
One year ban is also imposed if:
  • Expatriate worker leaves Government job.
  • If you break terms and conditions of your labour contract.
  • If you lose a case in the court against your employer.

2. Immigration Ban or Residence Ban 

If you have immigration ban in UAE, you are not supposed to enter UAE or obtain residency in UAE. You may be served with immigration ban if you have committed criminal offences. In case you have Bounced cheques, bad debt cases against you, you will have immigration ban till the time you are cleared or you have served your sentence. You may also be served immigration ban if you have been found drunk driving, theft and other crimes. If you have entered UAE with illegal means, then too you will be facing immigration ban.
In case if you have absconded from your work and have not reported to work for a prolonged time, your employer may list you under absconding list,  and you will have immigration ban. The changes in labour ban has not affected the immigration ban. Immigration ban is issued by Department of Naturalisation and Immigration in UAE, which is part of Ministry of Interior.

Payment for overtime work shall depend upon your designation and nature of your work.



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