# Ban on termination? Even after 3 years?



## ExPhat (Oct 16, 2011)

I have worked for 3 years for a company in Dubai and was terminated just before my visa was to expire. The reason cited was Recession, Downsizing.

While handing me my dues i had to sign an arabic government paper that I have received all my dues. There is also a line stating "No work permt will be issued for 6 months from cancellation date".

The company stated that this was a standard format. 

How can they apply a ban when I am a qualified Engineer and have worked for more than 2 years?? 

I have unfortunately signed this document. Can I go to the Ministry of Labour and plead my case?


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## mavzor (Feb 17, 2011)

Indian makes it tough 
No help here, but a word of encouragement.
Good luck, and do post back if any success.


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## ExPhat (Oct 16, 2011)

Whats that supposed to mean? The rules aren't discriminatory on racial grounds...are they?


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## Bigjimbo (Oct 28, 2010)

If you hold a degree then an NOC is no longer needed. Chances are if you do manage to find work again then you will be issued a new visa no problem.


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## nm62 (Dec 11, 2008)

redundancy should not give any kind of ban to anyone... but anyways now you have signed the contract....

the ban will be lifted once you get a job as you are an engineer... not to worry...


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## SLeiper (Nov 24, 2011)

*There may be a way*

Hi,
I saw your post. We recently hired an employee here from Phillipines and he had to resign and cancel his visa. He signed a similar form and was issued with a 3 year ban. He did not know what he is signing, so our PRO assisted. He went to labor department and prepared a letter from the typing stating he did not understand what he was signing and asked them to lift the ban. This took 1 week and the ban was lifted. Now we are processing his visa and there does not appear to be a problem. The other thing you can ask if for your previous employer to be lenient and write a letter to the labor department lifting the ban. Otherwise, you may ask your new employer for assistance. What I found is there is no easy answer, you need a good arabic PRO who whos the system and has friends in the Labor Dept to help.
Good luck


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## fcjb1970 (Apr 30, 2010)

My understanding is that after Jan 1, 2011 the 6 month ban is no longer allowed under UAE labor law. 

No six-month work ban from January 1, 2011 in UAE

I think the agreement you signed is based on the old laws, so even though it is signed I do not believe can be enforced. Also if you do have an engineering degree (attested) my understanding is they will pretty much always wave the ban, unless you did something really egregious that caused your dismissal.


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## ExPhat (Oct 16, 2011)

I have not done anything wrong. When my department was terminated for downsizing they called us in and asked us to resign. But know that if we resign we would end up paying the company back in 'End of Service" settlements we all chose to be terminated.


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## dubai_warrior (Nov 29, 2011)

hmmm ... what you need to do is... 

first, get a NOC letter from your old employers saying that they do not have any objection with you working for another company and have no objection in lifting the ban ......go to the Ministry of Labour office in Ghusais (i think) ... and take along an arabic PRO or an arabic speaker (very imp) ... and also your certificates (attested) and put ur case across...

if your old employer is making it hard for you ........ u do know that on being terminated you are entitled to 3 months pay ? hope you have received that ..........

if this does not work.... get hold of a good PRO and he will help you lift the ban that you have at an extra fee .... but no point in doing this if you are not sure that you will get a job in the next 6 months ........


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## katiepotato (Apr 29, 2008)

FCJB1970 is correct, the rules surrounding labour bans changed earlier this year - but it seems to be taking a while for this information to filter through to Ministry of Labour staff and documentation! 

Getting an NOC from your previous company would be a good idea so you can demonstrate to any new employer (and MOL) that they did not apply a ban, but as NM62 says you should not have any problems because you are a qualified professional. My husband had the same problem earlier this year, the PRO for his new company went back to MOL to remind them of the new rules and show his education certificates, and his visa was issued no problem. 

Have you actually tried to apply for new work and been told you have a ban in place, or is this purely speculative? If it is the former, any PRO worth his salt should be able to resolve this for you without too much difficulty.


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## ExPhat (Oct 16, 2011)

dubai_warrior said:


> hmmm ... what you need to do is...
> 
> first, get a NOC letter from your old employers saying that they do not have any objection with you working for another company and have no objection in lifting the ban ......go to the Ministry of Labour office in Ghusais (i think) ... and take along an arabic PRO or an arabic speaker (very imp) ... and also your certificates (attested) and put ur case across...
> 
> ...


I just received the severance pay which was 3 (years of service) X 21 (days/year) @ Basic Salary

I was not aware of the 3 months salary clause. Its not in my contract either, Is this from the UAE Labour law?

I have not received that. Additionally, I am now being told that my passport (with the visa cancelled) will only be handed to me at the airport!!!!

Its amazing how they even treat senior management as laborers when terminated.


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## ExPhat (Oct 16, 2011)

katiepotato said:


> Have you actually tried to apply for new work and been told you have a ban in place, or is this purely speculative? If it is the former, any PRO worth his salt should be able to resolve this for you without too much difficulty.


Well the application (for visa and labour card cancellation) made by the company had the 6 month ban clause right below the application barcode. It is confusing as the company states that the government forms have not been updated since the change and they have not placed a ban, while after cancellation was complete the form (labour card) has the ban section blank. Is there a way that I can find out for my self if I do actually have a ban and do that directly with a government department? If so which department do I approach?


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## BedouGirl (Sep 15, 2011)

Normally you only find out if you have a ban when your new employer applies for your visa. It comes up on a printout when they make the application.


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## dubai_warrior (Nov 29, 2011)

ExPhat said:


> I just received the severance pay which was 3 (years of service) X 21 (days/year) @ Basic Salary
> 
> I was not aware of the 3 months salary clause. Its not in my contract either, Is this from the UAE Labour law?
> 
> ...




Yes, you are entitled to 3 months full pay if you are being terminated without giving you a notice period. You are entitled to this amount as part of the UAE Labour Law.

If you have NOT done any fraud or given any grounds for termination then you should pursue to get the 3 months pay as well.

Please check with your PRO and the Labour Office about this. This rule was effective atleast 1 year ago and I doubt that it has changed.

Yes, some companies do this to all employee's. You do not necessarily have to leave the country. Once your Visa is cancelled, you can stay in the country for a period of 1 month and look at other options. It's ok that they hold on to your passport until you need it.

Check this link: Dubai Labor / Dubai Labour - Dubai Work and Living Information Source - Labor Law - Ch07 Termination


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## katiepotato (Apr 29, 2008)

dubai_warrior said:


> Yes, you are entitled to 3 months full pay if you are being terminated without giving you a notice period. You are entitled to this amount as part of the UAE Labour Law.


From previous posts it sounds like ExPhat has already signed cancellation papers, in which case negotiating any additional settlement will be difficult if not impossible. 

With regards to ExPhat's question about finding out whether you have a ban in place - the Ministry of Labour is your best bet. Take your cancellation paper, your passport and your degree cert with you. 

Good luck!


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## dubai_warrior (Nov 29, 2011)

katiepotato said:


> From previous posts it sounds like ExPhat has already signed cancellation papers, in which case negotiating any additional settlement will be difficult if not impossible.
> 
> With regards to ExPhat's question about finding out whether you have a ban in place - the Ministry of Labour is your best bet. Take your cancellation paper, your passport and your degree cert with you.
> 
> Good luck!




Katie, I doubt that it is too late for him to seek his rightful compensation. But yes, it would be late if he has exited the country and has a ban attached to his passport. 

First thing for ExPhat to do is, go to the Ministry of Labour with all those documents advised by Katie and find out if there is a possibility of a ban being imposed. And judging by the fact that he is going to be given his passport at the airport, I am 95% sure that his company is planning to or have put a ban on him. This is a very cheeky thing that shady companies do so that he takes his passport and leaves the country before realizing he has a ban or will be too late to do anything. For that matter, he does not need to take the flight out even. He is entitled to stay in the country for a month and he can choose to stay as well.

So, please do follow up on your entitled compensation of 3 months pay and maybe you could even use that to come to an understanding with his company regarding the ban. 

Go for it mate.. don't let these guys get away with this........


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## fcjb1970 (Apr 30, 2010)

dubai_warrior said:


> Yes, you are entitled to 3 months full pay if you are being terminated without giving you a notice period. You are entitled to this amount as part of the UAE Labour Law.
> 
> Check this link: Dubai Labor / Dubai Labour - Dubai Work and Living Information Source - Labor Law - Ch07 Termination


I don't think you are reading the labor law correctly. First, if you are on an indefinite period contract the notice period is one month. This is clearly stated in Article 117. If you are on a definite term contract according to Article 115 the employer is responsible for the damages an employee sustains up to a MAXIMUM of 3 months. It does not say you are entitled to 3 months, you would have to prove (or negotiate) that amount. I am guessing that the original poster was on an unlimited term contract, which means one month notice plus End of Service Gratuity (21 days/year).


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## dubai_warrior (Nov 29, 2011)

I personally know if 3 cases of unlawful termination that the employee's were given 3 months pay ...... but yes, one of them was immediate termination and asked to leave the office immediately.. i have no clue what that guy did or the reason behind it ........ 

The OP has not mentioned if he was given a 1 months notice and even if that was the case, it is still considered termination without citing any valid reason.

Like I said.... let him get in touch with the MOL and being it up as well. That should clear things up and atleast would give him some grounds to negotiate......


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## katiepotato (Apr 29, 2008)

ExPhat said:


> While handing me my dues i had to sign an arabic government paper that I have received all my dues. There is also a line stating "No work permt will be issued for 6 months from cancellation date". I have unfortunately signed this document.


Dubai Warrior - ExPhat stated in his OP that he has already signed the cancellation papers stating he has received all monies owed to him. The statement on the cancellation document also typically includes wording to the effect that the employee has no right to bring any claims against the company after the date of their signature - hence my advice that he will struggle to pursue any additional claim.

As I have said in previous posts - anyone who is unhappy with the settlement offered when leaving an employer SHOULD NOT sign their cancellation papers until they have come to some agreement about what their "dues" will be, and this amount has been received in their bank account. Once the cancellation paper is signed, the right to pursue any further claims is usually gone - whether the amount paid is in line with legal standards or not. 

I appreciate that companies here can be downright devious in insisting that documents are just "standard format" and that employees have no right but to sign, but it is each individual's responsibility to understand their contract of employment and their legal rights.


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## katiepotato (Apr 29, 2008)

dubai_warrior said:


> I personally know if 3 cases of unlawful termination that the employee's were given 3 months pay ...... but yes, one of them was immediate termination and asked to leave the office immediately.. i have no clue what that guy did or the reason behind it ........
> 
> The OP has not mentioned if he was given a 1 months notice and even if that was the case, it is still considered termination without citing any valid reason.
> 
> Like I said.... let him get in touch with the MOL and being it up as well. That should clear things up and atleast would give him some grounds to negotiate......


If an employee successfully brings a case of arbitrary dismissal against his employer the maximum compensation he is eligible to receive is up to three months' remuneration. There is no automatic right to this amount. Some employers may provide pay in lieu of notice (making immediate departure entirely lawful) whereas other may choose to pay an increased settlement in the interests of bringing the employment relationship to a close without dispute (and the time and costs an employment law dispute implies). In either case the amount agreed is negotiable between the employer and the employee. 

Again, by signing the cancellation paper, ExPhat has made a legal statement that he has received his dues and agreed that he has no claims to bring. Pursuing an arbitrary dismissal claim after the fact will be (at the risk of sounding like a broken record) difficult if not impossible. 

MOL should be able to help determine whether there is a ban in place, but once this is clarified my advice to ExPhat would be use this as a learning experience, cut your losses and move on.


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## dubai_warrior (Nov 29, 2011)

katiepotato said:


> Dubai Warrior - ExPhat stated in his OP that he has already signed the cancellation papers stating he has received all monies owed to him. The statement on the cancellation document also typically includes wording to the effect that the employee has no right to bring any claims against the company after the date of their signature - hence my advice that he will struggle to pursue any additional claim.
> 
> As I have said in previous posts - anyone who is unhappy with the settlement offered when leaving an employer SHOULD NOT sign their cancellation papers until they have come to some agreement about what their "dues" will be, and this amount has been received in their bank account. Once the cancellation paper is signed, the right to pursue any further claims is usually gone - whether the amount paid is in line with legal standards or not.
> 
> I appreciate that companies here can be downright devious in insisting that documents are just "standard format" and that employees have no right but to sign, but it is each individual's responsibility to understand their contract of employment and their legal rights.




Katie .. I do agree that it would be harder to fight his case after he has signed the document. But that being said, he can also argue that he was forced to sign it and the document was never translated to him and he did not know what he was signing ......... which is infact the case .......

Moreover, such cases are common at the MOL and if he meets the right officer, they will ask the company to provide proof of payment of dues.. which is either Bank Transfer or a Cheque issued .. which the employer cannot provide .... I knew someone who won such a claim about 5 years ago.

Since he has lost his job, his compensation would matter a lot to him and he should fight for his rights. If something good comes out of it .. then great !!!

Moreover, employers who try and cheat their employee's are also black-listed at the MOL. So next time they apply for visa's etc .. it will be rejected. So most employer's would prefer to sort the matter out in an amicable manner ....


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## fcjb1970 (Apr 30, 2010)

dubai_warrior said:


> The OP has not mentioned if he was given a 1 months notice and even if that was the case, it is still considered termination without citing any valid reason.


A valid reason is we do not have enough work for your role. That is all the reason an employer need give an employee and there is no way to fight that. Again assuming that the contract is not a term contract and there is not some specifics against termination beyond labor law that are in the contract.


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## dubai_warrior (Nov 29, 2011)

fcjb1970 said:


> A valid reason is we do not have enough work for your role. That is all the reason an employer need give an employee and there is no way to fight that. Again assuming that the contract is not a term contract and there is not some specifics against termination beyond labor law that are in the contract.



are u the OP's employer ???????? 

Instead of us assuming things and discouraging him.. let him go to the MOL and present his case with these facts and find out the options available........


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## fcjb1970 (Apr 30, 2010)

dubai_warrior said:


> are u the OP's employer ????????
> 
> Instead of us assuming things and discouraging him.. let him go to the MOL and present his case with these facts and find out the options available........


Mate...the OP was asking if he was in trouble because on something he signed it was written there was a 6 month employment ban. I pointed out (long ago), with a link to the relevant documentation that this ban is no longer in effect. 

You have hijacked the thread and started going off on unrelated (and incorrect) topics about how he is entitled to 3 months pay for wrongful termination and other incorrect information, even posting the link to labor laws which disagree with your statements. There is no wrongful termination, he was terminated for business reasons (recession, downsizing). These are legitimate reasons for a company to terminate an employee. Believe me I wish that were not the case, but it is.


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## dubai_warrior (Nov 29, 2011)

fcjb1970 said:


> Mate...the OP was asking if he was in trouble because on something he signed it was written there was a 6 month employment ban. I pointed out (long ago), with a link to the relevant documentation that this ban is no longer in effect.
> 
> You have hijacked the thread and started going off on unrelated (and incorrect) topics about how he is entitled to 3 months pay for wrongful termination and other incorrect information, even posting the link to labor laws which disagree with your statements. There is no wrongful termination, he was terminated for business reasons (recession, downsizing). These are legitimate reasons for a company to terminate an employee. Believe me I wish that were not the case, but it is.




_*17. My employer has dismissed me without any reason after I have passed the probation period… do such dismissal considered arbitrary? Article: 122

If the employer has dismissed the worker, after the probation period without any reason, or if the reason of such dismissal has no connection with the work or if it is due to a complaint to the concerned authorities against the employer or for a case filed against the employer…then such dismissal shall be considered arbitrary.

18. If the employer has arbitrary dismissed me without presence of any reason and I am damaged due to the same…how can such damage and arbitrary dismissal be determined?

Article: 123 The competent court is the party which adjudge the employer to pay the compensation for the worker…and it is the party which estimate the value of such compensation as per the work nature and size of damage incurred by the worker in addition to his period of service…provided that the compensation value shall not exceed the salary of 3 months calculated on the basis of last salary received by the worker.*_




Someone in my circle of acquaintances was laid off 6 months back (i just made calls to confirm) ... sudden notice and the employer had claimed down-sizing and recession. He took along a arabic-speaking PRO and went to MOL. The final agreement reached between them was 3 months pay ("compensation value shall not exceed the salary of 3 months calculated") .. maybe it had something to do with his designation, work profile or other office politics ... don't know......

I don't know why and how this agreement was reached and I don't know the guy well enough to ask him either. So I am just pointing the OP is a possible option that he may have. I doubt the OP would think that I was "hijacking" this thread. At the end of it, the thread is about sharing any info that would help him.... 

anyways ...... for those u felt "hijacked" .. :focus: !!!


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## BedouGirl (Sep 15, 2011)

My knowledge of the labour law is limited but I believe that if an employer pays you three months money, they can dismiss you without notice and without a real reason (sorry if this has been said before but this thread has bounced around a bit). Secondly, if I am not mistaken, the cancellation paper is in Arabic and English and it is very clearly written that by signing it you are confirming that you have received all your dues.


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## katiepotato (Apr 29, 2008)

Dubai Warrior - I'm not sure where you got that information, but one thing to be wary of when reading any translation of the labour law is that in the event of dispute, MOL will always rely on the Arabic original. When you are taking information from an English translation, it is very important to ensure that this comes from a reliable and professional source - given the structure and grammar of the text pasted I would doubt its credibility. 

When taking a dispute to MOL - they will provide mediation between the two parties in the interests of resolving the issue as quickly as possible BUT this is not the same as an award made by the court. It is also worth noting that there is no law of precedent in Dubai, so just because one person receives a particular award there are no guarantees another similar case will go the same way. 

Again, away from the original topic but worth bearing in mind all the same.


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