# To all of those providing employment info..



## knive52 (Aug 28, 2011)

To all of those providing crucial employment info.. I hope you can address my query.

I am currently working in Abu Dhabi, more than 1 year now. I have an unlimited contract with my current employer. I received a job offer in dubai and I would like to transfer there for better oppurtinities. Now my current employer doesn't want to give an NOC and the New company that wants to hire me is NOT from the Freezone area, which makes it difficult to proceed. Also, they might give me a problem so that I will have a 1 year ban, or the Immigration ban, I'm not so sure how it works. Clearly, they will not let me go easily.

I did some reading for the New Labour Law, there's a part there saying that one can still proceed in getting a new work even without having an NOC. Please see below:

Other points to note about the new Labour Law regulations (all unconfirmed as of December 2010) 

•	Skilled workers divided into 3 categories: 
1.	University degree holders 
2.	Partial college level study completed (diplomas, certificates, etc beyond secondary education) 
3.	Secondary school education completed 

Level Education	Minimum Salary Labour Card Fees 
1	Skilled	University degree AED 12,000	AED 300 
2	Skilled	Post secondary AED 7,000 
3	Skilled	Secondary	AED 5,000

•	Automatic 6 month employment ban to be lifted for skilled and professional workers. 

New law for NOC and ban period in UAE

1.	…An employee can obtain a new work permit without the agreement of the sponsor at the end of the contractual period (2 years minimum?) in 2 cases: First : when the employer fails to honour his legally or contractual obligations. Second, in the condition of expiry of work relationship where the worker takes no responsibility such a complaint filed by the worker against his firm. 

2.	Or, there are 3 situations in which a worker can get a new work permit even if s/he has been employed less than 2 years. 

>First: When joining his new job, the worker should be classified in the first, second or third professional class and that his new salary should not be less than Dh 12,000, Dh 7,000 and Dh 5000 if he is in the first, second and third class respectively.

>Second:Non-compliance of the employer with legal, labour obligations towards the worker or in the case where the worker has no role in terminating the work relationship. 

>Third: Shifting of the worker to another firm the employer owns it or has stakes in it.


(Continuation)

It is stated there that all of this are still unconfirmed so I'm hoping you guys can shed some light with the issue.

> I have a bachelor's degree and the salary that the New employer is offering me is around AED 5,000.

The question now, is it alright if my current employer will not give me an NOC, will I still be able to join the New employer and have a new Employment Visa.

On the other hand, if my current employer will give me a 1 year ban/Immigration ban is it possible to be lifted, or to be paid? Based on my previous readings, it is said to be around AED 4,000-6,000 or there's really no way that it can be lifted unless requested by the employer who made it? Please advice accordingly.

Thank you for your time in reading my case and I do hope that those of you who have the knowledge and experience in terms of the subject matter will kindly share their thoughts and advices. 

Again thank you and best regards,
John.


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## tarek.m2day (Aug 18, 2011)

To be in the safe side do the following 
1. Submit your resignation letter for your current employee and u have to work till the end of 1 month after this letter which they call it 1 month note 

2. Be sure that they have receive your resignation and keep proof such as signature or fax / email confirmation whatever 

3. Be sure as well to attend the month in your current company proofing that from the attendance system what is available on this

4. After this month ask them to cancel ur visa if not go to labour office to cancel it 

5. There will be no band on this case and no NOC requires to issue new permission in this situation 

After canceling ur visa u are able to obtain another on in dubai if ur salary more than 5000 in the new contract 

Thx


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## knive52 (Aug 28, 2011)

tarek.m2day said:


> To be in the safe side do the following
> 1. Submit your resignation letter for your current employee and u have to work till the end of 1 month after this letter which they call it 1 month note
> 
> 2. Be sure that they have receive your resignation and keep proof such as signature or fax / email confirmation whatever
> ...



@ Tarek.m2day
I just have some clarifications:

2. Be sure that they have receive your resignation and keep proof such as signature or fax / email confirmation whatever = *If in any case that my employer would not sign the resignation letter, I can still use the proof which I sent through mail/fax and that I gave them a 30-day notice? Labor will consider it?*

4. After this month ask them to cancel ur visa if not go to labour office to cancel it *=I can cancel it myself or I would just ask for their advice?*

By the way, thank you for the info, greatly appreciated..


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## tarek.m2day (Aug 18, 2011)

U can use the proof by email or fax in the labour 

On the other hand u can't cancel without your sponsor or the PRO

Regards


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