# Labor ban question...



## ltsummers (Dec 1, 2008)

Hi everyone!

I'm a newbie here, so please forgive me if I ask a reduntant question...

I will be the first to admit that I was wrong for not doing more research into my company, and the labor laws of the UAE before jumping in feet first. I am guilty of being too eager to get started working and took the first offer that came my way..

I'm american, and worked for a construction company for 7 months. After a few of those months, I realized I made a mistake taking the job with these people. I am a Safety Manager, and found that being the FIRST one this company ever had in over 23 years of operation I had a snow balls chance in hell of getting this company to understand BASIC safety rules and regulations. They are more reactive to situations, whereas I was taught to be proactive to avoid them. (they were prone to get a violation, and just pay the penalty instead of doing the right thing) The results were a neverending headache to the point I did not look forward to even going to the office or job sites every day, to face the clients, and consultants, with no answers or actions taken by my company on so many safety issues, since I had no backing whatsoever from my management. I found I was just a figurehead the company wanted to show to satisfy their clients. 

After the first 3+ months of working on my visit visa, they finally (after repeated calls of concern by me) processed my residence visa and signed my limited contract. The contract stated a 6 month probationary period (starting July 8), where I was told that was for both the company and myself, to offer a way out should either one not be satisfied with the arrangement. ok, good. September was the last resort, with no action taken for many serious violations I reported, I was convinced that one of the workers was going to suffer a serious injury or death, and I would not stand by and let that happen under my management, so I decided enough. Put in my resignation and 30 day notice. (other factors were present as well to include having to ask for my salary every month and eventually getting paid very late)

I met with my general manager and asked if there would be any penalty or ban on me, and could I get an NOC. His reply was absolutely no bans, no penalty, therefore no NOC is needed. I asked for one anyway, just to make a smooth transaction when I found other employment, and he stated again, its not needed, and we don't give them. Company policy. (thats funny, I never saw a company policy handbook, or met with any HR personnel in 7 months!). 

Almost 2 months have passed now. I have had some job offers, but they all want the NOC. One company stated they checked and I have a ban. I called the MOL myself, several times, with no definitive answers until I caught one operator who asked for my labor card #. I didn't have it, and gave my passport number. She said she cant find me in the system. I got the labor card #, passed it to her and she said oh yes sir, your banned now. (I got the feeling I just gave myself up there). I asked what can I do to lift the ban. She said nothing, just wait 6 months. 

Sorry folks, this is a long one. Just wanted to give you a bit of history. My question I want to ask is--
1. Is there a way to lift this ban? (i've heard of paying fees, but asking MOL is like asking a rock.)
2. Is there anything I can do, since the company GM refused to give one, under the belief that I would not receive a ban due to the probationary period?
3. I read that certain job titles are immune from such ban. My residence visa listed my occupation as "follow up clerk" since my company didn't want to pay the extra $$ for a manager's visa. I complained, but they put me off and said they will fix it later. (yea right).

Ironically, a big developer showed great interest in me after my interview, and I have been waiting for them to send the offer letter that was promised, however, I recently got the call from them stating, sorry, your 1st on the list when we can start hiring once again. Now I read that hundreds from this company are now out of a job. So therefore, I ask the questions above to the masses so that I can get back to work soon.

Thanks for your input, and insight in this matter.
Happy holidays to you all.
Regards, 
JS


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## mr.alsuwaidi (Dec 3, 2008)

hi JS 
1. You cant lift the ban it they mad it
2. There is no extra money for occupation title 
If you want I can ask labor office i have a friend there


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## Ogri750 (Feb 14, 2008)

Is the ban in place from the company or the Ministry of Labour?

If it is from the company, other than asking them to lift it, I don't think there is much you can do, but if is is from MOL, I think you can pay AED5000 to have it lifted


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## mr.alsuwaidi (Dec 3, 2008)

Hi ogri750 , I want to clear something for you. The labour cant ban by it self . the ban will happen by request from the company.. and you cant pay 5000dh to lifted


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## Ogri750 (Feb 14, 2008)

My understanding was, if the company place a ban on you, this could be for 12 months. If the company cancels your visa, the MOL place a 6 month ban on you.

According to a lawyer that gives advice on Gulf News, a fee can be paid to the MOL for the ban to be lifted


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## qwert97 (Jun 2, 2008)

Itsummers

I am sorry to hear your situation. You have stated in your initial post that you signed a limited contract. I am pretty sure that this labor ban is imposed by the labor department for not honoring the terms of the contract. The general rule is that unless the position is created due to redundancy and one year has not elapsed the labor deptt imposes an automatic labor ban. You have also stated that the Company did not apply for a labor card and that is a violation in itself. 

There is a mechanism whereby you can make an appeal to the labor deptt for imposing a ban. You should call the labor deptt and ask for that procedure. 

You must have signed two things- one is the letter of offer from the Company and then a formal contract that is registered with the labor department. You should go through both the documents and see what conditions have you violated. As per labor law, in a limited term contract the Company has the right to recover 45 days salary from you as a penalty for breaking the contract.

I suggest that you read all the documents that you have signed carefully and get hold of the labor law and see what can be done. If you need any help let me know.


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## mr.alsuwaidi (Dec 3, 2008)

Ogri750 said:


> My understanding was, if the company place a ban on you, this could be for 12 months. If the company cancels your visa, the MOL place a 6 month ban on you.
> 
> According to a lawyer that gives advice on Gulf News, a fee can be paid to the MOL for the ban to be lifted



you are right orgri750, if the company cancels this visa it automatic it will be ban on him if he did not finish is contract. The ban it will be 12 or 6 months depend on the labour office. The ban it will be that he will not get employment visa depand on the on the ban period..but he can get visit visa.. the best things he can do is to get letter from this company.


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## ltsummers (Dec 1, 2008)

thanks for all the replies!

I contacted the MOL and they told me that I got an automatic 6 month ban for resigning. The company did not request any additional ban on me. I asked then why is called a PROBATIONARY period if your just going to get a ban, regardless if you work 2 months, or 35 months, regardless of your contract period. I was told that is the rule "you break contract, you get ban". I explained also that the GM of my company refused to give me an NOC because I was under probationary period, and it was not needed. 
"Doesn't matter sir, you break contract, you get ban."
Hmm, ok then what am I supposed to do, when the owner of a company, the TOP brass tells me "YOU DO NOT NEED NOC BECAUSE YOU ARE IN PROBATIONARY PERIOD"??? there is NOBODY ELSE LEFT TO ASK FOR NOC BECAUSE THE GUY WHO GIVES THEM SAID I DON'T NEED ONE!!! NOW WHAT??????

All the MOL can tell me is that I can come to their office and meet with the legal advisor. He is in from 12 to 1330 hrs, so I'm sure I better get down there when they open to get in line.

Ironicly, 3 project manager quit before I left. All with over 10 years with the company, and did not receive an NOC. I found that 2 of them received 1 year bans at the request of the company. All 3 were back working for other companies within a few weeks at most! Apparently, they paid a fee to the MOL. (1 went to the free-zone). I asked what is the proceedure so that I could do the same, and the person I spoke with at the MOL said you cannot pay anything to lift the ban. "you must wait your 6 months". HUH? repeating the statement of the 2 who are working again, I got the same reply..

I read the legal advice on Gulf news as well, and apparently there are professions that are immune from the ban, but it is very vague and not very conclusive. My whole issue can be summed up as such...Why would I be banned if it is within the probationary period and how can I get it removed? I know people have done it, but what is the big secret? Of course I tried contacting the 2 who are working now to see how they did it, but they won't reply. I'm sure it has something to do with me giving them a financial penalty when we worked together for multiple site safety violations (not wearing proper PPE, smoking on site, ect) Just doing my job. I don't care if your a project manager or owner of the company. Safety begins with all of us, especially management. We must lead by example. If I write up a laborer for not wearing his helmet, why should a project manager be exempt? Thats not how I operate. We are all the same when it comes to safety on site.
Anyway, sorry I'll step down off my soapbox! 
I'm just frustrated at this system. I know my best option is to find work in the Free-Zone, but good luck finding a company ready to hire at this point and time. Nakheel put me on hold, and Parsons can't help now either (due to these financial times). 
I'm stuck between a rock and a hard place.
Thanks again for all your advice everyone.
JS


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## qwert97 (Jun 2, 2008)

hi there

I am pretty sure that the other project managers found jobs with Companies who are have either partially owned or fully owned by the government. If you find a job with them, then NOC is not needed for visa transfer.

It would be a good idea to contact American Embassy and see if they can help.


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## Maz25 (Jul 6, 2008)

qwert97 said:


> hi there
> 
> I am pretty sure that the other project managers found jobs with Companies who are have either partially owned or fully owned by the government. If you find a job with them, then NOC is not needed for visa transfer.
> 
> It would be a good idea to contact American Embassy and see if they can help.



Actually, now that you mention it, I read somewhere that if you choose to leave your present company and work for the Government, then there is NO BAN and No NOC is required. I'm not sure what happens though if you decide to leave that job then!!

Not a pleasant situation to be in I must admit. Hopefully, things will work out. Maybe you should try Abu Dhabi. Dubai is literally on its knees at the mo but Abu Dhabi is still standing!


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## qwert97 (Jun 2, 2008)

Maz25 said:


> Actually, now that you mention it, I read somewhere that if you choose to leave your present company and work for the Government, then there is NO BAN and No NOC is required. I'm not sure what happens though if you decide to leave that job then!!
> 
> Not a pleasant situation to be in I must admit. Hopefully, things will work out. Maybe you should try Abu Dhabi. Dubai is literally on its knees at the mo but Abu Dhabi is still standing!


I am not sure if the labor ban imposed by Dubai Ministry of Labor will apply in Abu-Dhabi. So a Abu-Dhabhi employer may be able to get the paperwork processed. Not sure though!


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## ltsummers (Dec 1, 2008)

Thanks, I got a couple calls from recruiters in AD, but the labor ban will still be effective on me there as well. 

One company said its no problem, would you be willing to pay the fees to lift the ban on you? I said, no problem, what is the proceedure to do so? He then stated, i'm not sure, but I can find out. That was 3 weeks ago. no reply yet.

Those guys who left my company and got back to work right away are working for other construction companies. I agree that whoever owns them may have more influence when it comes to erasing a ban than others (i've heard of the wasta effect). 

As for the American Embassy, I dont think they can do much, as they would simply say this is the law of UAE (even though it should be clearly stated upon hiring by the companies of the rules and regs of working here,,,but we all know that doesn't happen with all, especially the really bad companies....like the one i resigned from)

I'm thinking about placing an ad in the gulf news, American HSE Manager seeks job in Free-Zone!


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## Xpat (Nov 12, 2008)

very sad to hear the situation you arein. I m almost in your situation except my boss and supervisor listen to me and work hours are flexible. Well be proactive and get in touch with ppl you can make decisions to hire. There are many construction companies still looking like Tristar, Arabtec, Besix and Limitless.


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## alice45 (Nov 19, 2009)

*Hello*

Thanks for your responses. I read your post, I feel sad. It is really useful for us. I am very sorry to hear about your situation. I am also in your situation. I think you are right . That's a good idea.... Good Luck....:clap2:


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## Sumair (Aug 16, 2008)

alice you are replying to 2008 post ... any especial need ??





alice45 said:


> Thanks for your responses. I read your post, I feel sad. It is really useful for us. I am very sorry to hear about your situation. I am also in your situation. I think you are right . That's a good idea.... Good Luck....:clap2:


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## sawah (Nov 10, 2009)

ltsummers said:


> thanks for all the replies!
> 
> Ironicly, 3 project manager quit before I left. All with over 10 years with the company, and did not receive an NOC. I found that 2 of them received 1 year bans at the request of the company. All 3 were back working for other companies within a few weeks at most! Apparently, they paid a fee to the MOL. (1 went to the free-zone). I asked what is the proceedure so that I could do the same, and the person I spoke with at the MOL said you cannot pay anything to lift the ban. "you must wait your 6 months". HUH? repeating the statement of the 2 who are working again, I got the same reply..
> 
> JS


Just wanted to clear some point here. If someone resigned before completing one year in his contract he will receive automatic 6 month pan from MOL so maybe the other PMs you are talking about have spent more than one year with the company and above that if you spent more than 3 years –and for some specialties 2 years – you even don’t NOC to work in other companies 

So if you resigned after more than one year and less than 3/2 years you may be able to remove the pan through some procedures in the MOL. 

I hope the picture is clear now so nobody think the low here in UAE is unfair. It is just need to be known before accepting any offer in UAE.


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## pmbb (Jan 6, 2010)

What about if you are terminated under your probation period? and the company does not give any NOC so you can transfer to another company and at least pay your debt which you have incurred just to get here in UAE to find a job. Is there a way so that i can pay the ban and transfer to another company, these new company that hired me already gave me an offer letter and they are just waiting for my visa, what can i do to remove this ban and apply for a new visa? by the way, i am a Civil engineer with bachelors degree.


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