# Employment Ban



## lostino (Oct 6, 2011)

Hello Everybody

I have been employed by a company in Dubai and the finished processing the visa about 2 weeks ago. The problem is now I got a much better offer from a company that have interviewed me a while back. I intend to resign from my job and join my new job but I want to make sure that I will not get an employment ban upon cancelling my visa. I am pretty sure my company will give me an NOC since the the job was arranged by an acquaintance of the company's owner.


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## Confiture (Jan 9, 2011)

Not sure how anyone else can answer this, other than your employer?

If you plan to resign 2 weeks into your contract, they are within their rights to issue a ban.


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## lostino (Oct 6, 2011)

what if they dont want to issue a ban? will the ban automatically be enforced?


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## md000 (Dec 16, 2008)

lostino said:


> what if they dont want to issue a ban? will the ban automatically be enforced?


The ban is only in place if your current employer files a ban with the Ministry of Labor

-md000/Mike


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## menschkismet (Jul 10, 2012)

Hi I have almost the same question. I am currently employed for 6months now. I am planning to leave my company. My new employer is willing to pay to lift the ban. My question is do I need to give 1month notice to my previous employer before leaving? And what will happen if they are not willing to give me NOC?


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## Thinkinghat (Jul 9, 2012)

As other have indicated, the ban only comes into effect if the employer files a complaint. If your previous company is willing to issue you an NOC, as you have indicated, I don't think the issue of ban arises at all.


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## Thinkinghat (Jul 9, 2012)

menschkismet said:


> Hi I have almost the same question. I am currently employed for 6months now. I am planning to leave my company. My new employer is willing to pay to lift the ban. My question is do I need to give 1month notice to my previous employer before leaving? And what will happen if they are not willing to give me NOC?


Please check whether your contract is limited or unlimited and the notice requirements. The limited contract is for a fixed duration i.e. it will mention the start and end period of your employment or number of years which is generally three years. Typically, notice is not required in case of limited contracts but the employers generally demand compensation for amount equal to 45 days of your salary. In unlimited contracts, one month notice period is a standard requirement.

To the extent your previous employer does not give you the NOC, you can file a complaint against the employer with the ministry of labour and then proceed to file an application for the "Cancellation of visa without sponsors consent". Following cancellation, you can apply for new sponsorship.


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## menschkismet (Jul 10, 2012)

Thinkinghat said:


> Please check whether your contract is limited or unlimited and the notice requirements. The limited contract is for a fixed duration i.e. it will mention the start and end period of your employment or number of years which is generally three years. Typically, notice is not required in case of limited contracts but the employers generally demand compensation for amount equal to 45 days of your salary. In unlimited contracts, one month notice period is a standard requirement.
> 
> To the extent your previous employer does not give you the NOC, you can file a complaint against the employer with the ministry of labour and then proceed to file an application for the "Cancellation of visa without sponsors consent". Following cancellation, you can apply for new sponsorship.


Thanks. Quite confused. first I have to file resignation, 2nd is I have to request NOC. I dont have a formal contract except for that 3months provation one. Where will I know if my contract is limited or not?


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## menschkismet (Jul 10, 2012)

I am not doing any actions yet. I want to be very sure before accepting the offer.


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## Thinkinghat (Jul 9, 2012)

menschkismet said:


> I am not doing any actions yet. I want to be very sure before accepting the offer.


Pm me. Thanks.


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## BedouGirl (Sep 15, 2011)

Take your labour contract to the Ministry of Labour and ask. That's the only way you can really be sure. You can call them if you don't want to go there BUT do it before Ramadan.


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## menschkismet (Jul 10, 2012)

Thinkinghat said:


> Pm me. Thanks.


How?


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## BedouGirl (Sep 15, 2011)

menschkismet said:


> Thanks. Quite confused. first I have to file resignation, 2nd is I have to request NOC. I dont have a formal contract except for that 3months provation one. Where will I know if my contract is limited or not?


Do you have a visa stamped in your passport? If so, you will have a labour contract. This is what dictates your terms and conditions of employment, nothing else. If you don't have the labour contract, ask HR for your copy. You really are best advised to go to the Ministry of Labour - it is only they who can tell you if you will have a ban, we can all surmise but we may not be correct.


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## menschkismet (Jul 10, 2012)

Thank you. We dont hae HR because this is a very small company. I already asked our PRO about this contract and he dont know about this and he just advise me to ask my manager. A contract from the government and the employer is different?


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## BedouGirl (Sep 15, 2011)

menschkismet said:


> Thank you. We dont hae HR because this is a very small company. I already asked our PRO about this contract and he dont know about this and he just advise me to ask my manager. A contract from the government and the employer is different?


Your PRO does know what it is. It is known as the Labour or Arabic contract. This is the only legal and binding document in relation to your employment. Any letter or contract from your employer on their letterhead will not stand up in court. It is this contract that states whether you are on limited or unlimited status. Everyone who has a visa and/or labour card has this contract, even if their company has not given them a copy of it. There are two copies, one for the company and one for the employee. You will have signed it without even realizing you signed it.


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## menschkismet (Jul 10, 2012)

BedouGirl said:


> Your PRO does know what it is. It is known as the Labour or Arabic contract. This is the only legal and binding document in relation to your employment. Any letter or contract from your employer on their letterhead will not stand up in court. It is this contract that states whether you are on limited or unlimited status. Everyone who has a visa and/or labour card has this contract, even if their company has not given them a copy of it. There are two copies, one for the company and one for the employee. You will have signed it without even realizing you signed it.


The last sentence is confusing. "You will have signed it without even realizing you signed it" What does it mean? I signed the contract without me knowing?


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## BedouGirl (Sep 15, 2011)

Yes, because they take the signature from another document that you signed when they were processing your visa. It's one that will state all the terms and conditions. But you will see your signature is on it.


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## menschkismet (Jul 10, 2012)

BedouGirl said:


> Yes, because they take the signature from another document that you signed when they were processing your visa. It's one that will state all the terms and conditions. But you will see your signature is on it.


Isnt it illegal? Putting the signature without the concent of the undersigned?


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## BedouGirl (Sep 15, 2011)

If your PRO talked you through it and you read everything he put in front of you, you would know what you were signing. Did you read everything you signed?


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## menschkismet (Jul 10, 2012)

BedouGirl said:


> If your PRO talked you through it and you read everything he put in front of you, you would know what you were signing. Did you read everything you signed?


I dont actually remember signing any contract.. Anyways, I will just ask him again when he comes back. Thank you. I am searching now for a freezone company. Please advise me if you know any vacancies. Thanks again


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## BedouGirl (Sep 15, 2011)

menschkismet said:


> I dont actually remember signing any contract.. Anyways, I will just ask him again when he comes back. Thank you. I am searching now for a freezone company. Please advise me if you know any vacancies. Thanks again


I suggest you start by trying to help yourself and having a look at the MoL website http://eservices.mol.gov.ae/enetwasal/login.aspx?lang=eng

It seems you can search for your own labour contract.

I am laughing at the fact that you ask me if I know of any vacancies - I don't even know you let alone know what you do.


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## Ogri750 (Feb 14, 2008)

BedouGirl said:


> I suggest you start by trying to help yourself and having a look at the MoL website Ministry Of Labour - Home
> 
> It seems you can search for your own labour contract.
> 
> I am laughing at the fact that you ask me if I know of any vacancies - I don't even know you let alone know what you do.


Isn't clairvoyancy one of your talents?


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## BedouGirl (Sep 15, 2011)

Ogri750 said:


> Isn't clairvoyancy one of your talents?


My crystal ball is in for its 10,000 reading service 


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