# Getting out of a Contract without being banned?!



## Pandora3713 (May 18, 2011)

I want to know if there is a way to get out of an Employment contract without being banned from the UAE??
Say for instance you were offered a better job, with more benefits etc, how could you leave your crappy job and take the new one without getting into any legal trouble or being banned from the country?
Please Help!!!!!


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## zin (Oct 28, 2010)

....give in your notice?


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## katiepotato (Apr 29, 2008)

Hi Pandora,

There have been some changes to the laws surrounding labour bans and the need for NOCs recently. Also, the rules vary for people sponsored by onshore entities and those in free zones. Can you tell me a bit more about your circumstances? That might help me to advise you.

KP


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## Pandora3713 (May 18, 2011)

katiepotato said:


> Hi Pandora,
> 
> There have been some changes to the laws surrounding labour bans and the need for NOCs recently. Also, the rules vary for people sponsored by onshore entities and those in free zones. Can you tell me a bit more about your circumstances? That might help me to advise you.
> 
> KP


Hi Katie, 
I am trying to find out for a friend of mine, he is also from SA and he is working as a barman in a restaurant. 
I do not think the place he works in is in a free zone, but the company that has offered him a new position is in a free zone.
From having spoken to him, he is under the impression that if he tries to take the other job in the free zone, that he will be banned from Dubai and either have to pay a fine or get kicked out or both?!
Your help will be very much appreciated. What is NOC's?


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## wandabug (Apr 22, 2010)

Pandora3713 said:


> Hi Katie,
> I am trying to find out for a friend of mine, he is also from SA and he is working as a barman in a restaurant.
> I do not think the place he works in is in a free zone, but the company that has offered him a new position is in a free zone.
> From having spoken to him, he is under the impression that if he tries to take the other job in the free zone, that he will be banned from Dubai and either have to pay a fine or get kicked out or both?!
> Your help will be very much appreciated. What is NOC's?


He wouldn't get banned from Dubai, he may get a 6 or 12 month work ban. But if he is going to work in a Free Zone company he is fine. His new employer should be able to advise him and he should read his employment contract.


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## Pandora3713 (May 18, 2011)

Thank you Wandabug - I have emailed him your response! and hopefully it will put his mind at ease! He is stressing big time about it


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## tanya1982 (May 19, 2011)

I think the banning days are gone. Depends which country you belong to


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## tanya1982 (May 19, 2011)

U might want to check with the labor department once though


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## Kawasutra (May 2, 2011)

Pandora3713 said:


> I want to know if there is a way to get out of an Employment contract without being banned from the UAE??
> Say for instance you were offered a better job, with more benefits etc, how could you leave your crappy job and take the new one without getting into any legal trouble or being banned from the country?
> Please Help!!!!!


Why you or he has signed a contract for a crappy job in the first place?


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## Pandora3713 (May 18, 2011)

Kawasutra said:


> Why you or he has signed a contract for a crappy job in the first place?


@Kawasutra - He obviously didn't realize it was a crappy job, they made it sound so good! Working as a cocktail barman in a very reputable person's restaurant! I assure you had he known how crap it would be he would have never signed.


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## katiepotato (Apr 29, 2008)

Labour bans do still exist, but they are no longer automatically applied by MOL. His employer would have to specifically request that he was banned - which (unless they are unbelievably petty and bureaucratic) they are unlikely to go to the effort of doing. 

He doesn't need an NOC to join a free zone company. They should also be able to locally amend his visa, meaning that he doesn't have to exit the country and come back in to change his status. 

Has he actually spoken to his current company? He might find they are happy to let him go amicably rather than dragging out a relationship with an unhappy employee!


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## Pandora3713 (May 18, 2011)

katiepotato said:


> Labour bans do still exist, but they are no longer automatically applied by MOL. His employer would have to specifically request that he was banned - which (unless they are unbelievably petty and bureaucratic) they are unlikely to go to the effort of doing.
> 
> He doesn't need an NOC to join a free zone company. They should also be able to locally amend his visa, meaning that he doesn't have to exit the country and come back in to change his status.
> 
> Has he actually spoken to his current company? He might find they are happy to let him go amicably rather than dragging out a relationship with an unhappy employee!


Hi Katie, I don't know if he has spoken to his company yet. I will ask him when we chat again.
What is an NOC???


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## katiepotato (Apr 29, 2008)

An NOC is a No Objection Certificate. They can cover lots of scenarios but in your friend's case his employer would issue him with a letter stating that they have no objection to him working for another company in the UAE. 

I would strongly recommend that your friend speaks to his employer rather than jumping to worst case scenario.


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## Pandora3713 (May 18, 2011)

katiepotato said:


> An NOC is a No Objection Certificate. They can cover lots of scenarios but in your friend's case his employer would issue him with a letter stating that they have no objection to him working for another company in the UAE.
> 
> I would strongly recommend that your friend speaks to his employer rather than jumping to worst case scenario.


Thank you so much for all your help  I really appreciate all the quick replies and useful information. I was definitely fumbling in the dark about where to get all the answers from.


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## ticktwenty (Mar 2, 2011)

Hi Pandora,

I was in a similar situation few months back and i can assure you that your friend will not face any problems in joining the Free Zone company. The procedure is quite simple. Ask your friend to put his resignation and upon completion of one months notice ask his current employer to cancel his employment visa. Once your friend puts his resignation, he has to submit all his documents like passport copies, educational certificates to his new employer and ask him to apply for his visa.(His new employer can apply for his visa even when ur friend is serving his notice period..as there is no link between Ministry of labour dubai and free zone authority...I got my visa in hand while i was serving my notice period and my dubai visa was not even cancelled.) So once your friends uae labour visa is cancelled, ask him to collect the cancellation receipt and submit the same to his new employer, so that he can stamp his new visa without exiting the country.( for his he has to pay an additional fee of aed 550.00)


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## Pandora3713 (May 18, 2011)

ticktwenty said:


> Hi Pandora,
> 
> I was in a similar situation few months back and i can assure you that your friend will not face any problems in joining the Free Zone company. The procedure is quite simple. Ask your friend to put his resignation and upon completion of one months notice ask his current employer to cancel his employment visa. Once your friend puts his resignation, he has to submit all his documents like passport copies, educational certificates to his new employer and ask him to apply for his visa.(His new employer can apply for his visa even when ur friend is serving his notice period..as there is no link between Ministry of labour dubai and free zone authority...I got my visa in hand while i was serving my notice period and my dubai visa was not even cancelled.) So once your friends uae labour visa is cancelled, ask him to collect the cancellation receipt and submit the same to his new employer, so that he can stamp his new visa without exiting the country.( for his he has to pay an additional fee of aed 550.00)


Thank you ticktwenty,

I will be sure to let him know. Are aed's the same as Dirhams? If not what would aed 550.00 convert to in dhs?

I am so glad this is turning out not to be the headache he envisioned it would be


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## indoMLA (Feb 6, 2011)

Pandora3713 said:


> Thank you ticktwenty,
> 
> I will be sure to let him know. Are aed's the same as Dirhams? If not what would aed 550.00 convert to in dhs?
> 
> I am so glad this is turning out not to be the headache he envisioned it would be


One in the same.... AED is the abbreviation for Dirhams.


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## Pandora3713 (May 18, 2011)

indoMLA said:


> One in the same.... AED is the abbreviation for Dirhams.


 Oh! lol. Thank you


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## katiepotato (Apr 29, 2008)

Just a small note of caution - ticktwenty is right that the free zone visa process is pretty straightforward, but it is illegal to be sponsored by two companies at once. Your friend needs to be sure that his current visa is cancelled before the new company submits his application.


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## Pandora3713 (May 18, 2011)

katiepotato said:


> Just a small note of caution - ticktwenty is right that the free zone visa process is pretty straightforward, but it is illegal to be sponsored by two companies at once. Your friend needs to be sure that his current visa is cancelled before the new company submits his application.


Ok Katie - I will remember that and tell him! 
All of you guys have been so awesome in helping me find out all this info - you all rock!!
Thank you so much


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## iceman53y (Apr 4, 2012)

Hello all, I am facing a kind of similar situation and I need advice from you guys,

I am working in a private company in the UAE for the past 7 months in Abu Dhabi. Recently I received a job offer from a company in the Jebel Ali free Zone Dubai with a lot more money and good benefits 

I am a Mechanical Engineer, with the visa of an "Assistant Engineer".
My contract with my current company is unlimited, will I be imposed with a ban if I decide to switch jobs and cancel my current visa?

In the case I get a ban, Am I allowed to work in the Jafza free zone?


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