# Can the Employer put a Ban of one Year ?



## sudanraghu2210 (Dec 16, 2010)

i was working with a company in dubai since 2007 which is part of the group having 30 companies. I lost the job in sept,2010 because of recession and got a junior position in other company of the group.

i got my settlement from 1st company and got a new appointment letter from 2nd company of the same group. My visa and work-permit was on previous company sponsorship which was expired in oct / nov 2010 and subsequently renewed by 2nd company of the group without changing the sponsorship .

i have an offer now from a company in dubai with good position and compensation. now i want to leave the 2nd company. 

My question is :

1) Can the 2nd company put a ban ?, i am on probation and visa and work-permit is on 1st company sponsorship .

2) how i can avoid ban, if they want to put ?


soliciting help from the group.


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## anwarm.aziz (Sep 11, 2008)

*I Don't think so*

Hi ,
Firstly, is you contract limited or unlimited .This is crussial factor.
Any way comapny can put ban if you didn't complete 3 yrs with them and in your case I think you did.
Secondaly, even if they put the ban you can pay 5000 and remove it (That's it) 
My advice to you is to call ministry of labor ,they have customer service and they will defently help you , they have toll free 800665 (English,Arabic and Hini)


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## sudanraghu2210 (Dec 16, 2010)

anwarm.aziz said:


> Hi ,
> Firstly, is you contract limited or unlimited .This is crussial factor.
> Any way comapny can put ban if you didn't complete 3 yrs with them and in your case I think you did.
> Secondaly, even if they put the ban you can pay 5000 and remove it (That's it)
> My advice to you is to call ministry of labor ,they have customer service and they will defently help you , they have toll free 800665 (English,Arabic and Hini)




Thanks Aziz appreciated your prompt advise.

I have a limited contract and my tenure on the same sponsorship is more than 3 years.


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## Maz25 (Jul 6, 2008)

sudanraghu2210 said:


> Thanks Aziz appreciated your prompt advise.
> 
> I have a limited contract and my tenure on the same sponsorship is more than 3 years.


If you have a limited Contract, you are liable to compensate your company the equivalent of one month's salary for each month remaining on your Contract or 3 months salary, whichever is less. In your case, you will be liable for 3 months salary since you have only just started your employment. The same would have been applicable had your Company terminated the Contract as opposed to you. I would imagine that you would have signed a new Contract with the new Company and this would be the Contract that would be used and applicable for any disputes, etc.

Normally, if you have not completed your probation period, there is an automatic 6 months ban, which is imposed, though this can be lifted if your new Company opts to pay a fee. I can't really comment about the legalities but as has already been pointed out, it is advisable to contact the Ministry of Labour for advice.
Elphaba might also be able to advise you. 

Is the new Company based in the free zone or is Government/ semi-Government? If that's the case, you can escape the ban.

Additionally, check your Contract and your Company's policy, as that would also provide you with an indication of their reaction once you approach them about leaving, particularly if you need an NOC from them. I would however advise against talking to your Company until you have all your facts and you know where you stand.

Sorry I couldn't be of anymore help but do hope that you manage to have the outcome that you want.


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## sudanraghu2210 (Dec 16, 2010)

Maz25 said:


> If you have a limited Contract, you are liable to compensate your company the equivalent of one month's salary for each month remaining on your Contract or 3 months salary, whichever is less. In your case, you will be liable for 3 months salary since you have only just started your employment. The same would have been applicable had your Company terminated the Contract as opposed to you. I would imagine that you would have signed a new Contract with the new Company and this would be the Contract that would be used and applicable for any disputes, etc.
> 
> Normally, if you have not completed your probation period, there is an automatic 6 months ban, which is imposed, though this can be lifted if your new Company opts to pay a fee. I can't really comment about the legalities but as has already been pointed out, it is advisable to contact the Ministry of Labour for advice.
> Elphaba might also be able to advise you.
> ...








Thank you Mr. Aziz for your valuable Inputs & Advise.

I will definately get more details on the subject from MOL.

Thank you so much


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