# Six Months Ban



## Zain15 (Feb 8, 2014)

Hi all,

I am working here in abu dhabi as a Computer System Engr. since 5 months, not quiet happy with the salary, but now Iv got 2 good opportunities, one in Sharjah and one in Oman, both have better salaries but same Designation. I have gone through the MOL laws several times but its very complex, please help me understand if I change my job will I get a 6 months ban and will it also be applied for Oman? (as Oman is GCC Country) and if it applies then any way to lift it? Further I havnt signed any Contract with my current Employer other than an Offer letter.


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## pamela0810 (Apr 5, 2010)

If I understand correctly, the offer letter can serve as a contract. Also, if you are already on their employment visa, then you are contracted to work for them.

The ban is a UAE ban usually so it won't apply to Oman. It also depends on your current employer should they wish to ban you or not and your relationship with them. I remember reading that people with degrees do not get bans but I think that's if you have worked for a minimum amount of time.

In any case, the best course of action for you would be to be very honest and amicable with your current employer and get on their good side. Hopefully they will let you go without any bans.


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## Zain15 (Feb 8, 2014)

Thanks Pamela for a quick reply, a bit relief that ban is only UAE based. Yeah Iv maintained good relations with the current Employer I don't think they will do some cruel manual efforts but six months ban is automatic from MOL. I was just hoping for Two clauses of Labour Law.

1. Ban is not implacable on some professional Degree holders including Engineers (but u r right, I searched for this, there is a minimum amount of time 1 year).

2. If the employee has an NOC (No Objection Certificate) from the current sponsor then he or she will be able to move to another company under a different sponsor 
The minimum salary in a new position is Dh5,000 for high school diploma holders, Dh7,000 for post-secondary school diploma holders, and Dh12,000 for Bachelor degree holders.

I should ask for NOC. right?


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## Enzoo (May 15, 2012)

im also thinking of switching jobs . good i saw this thread .


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## uberkoen (Sep 12, 2013)

I would like to mention here that there are two types of bans.

The first being one imposed by the MOL and the other by the employer. Both are different. MOL places an automatic ban if you switch jobs within 2 years if you're on a Limited contract. Further, the employer can place another 6 month ban on the employee if he leaves within this time period.

Now, in order to get the MOL ban removed there are certain conditions. 

1. Pay a fine of AED 5,000 (Not sure if this still applies)

2. Get a No Objection Certificate from the employer (NOC)

3. A Person will not be banned if the new job is within a certain pay scale. If you hold a Bachelors degree (and the visa is applied based on this degree) you will need a minimum salary of AED 12,000. AED 5,000 for high school diploma holders and AED 7,000 diploma holders. Please note that these education certificates would need to be notarized and attested in order to be accepted and the visa issued would have to be done so based on these documents.

The MOL ban only applies to UAE. Moreover, if you are switching jobs to a Free Zone company the ban will not be imposed.


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## saraswat (Apr 28, 2012)

The ban also applies if you have an unlimited contract .... 

The two bans that have been mentioned would be:

1. MOL automatic 6 month ban.

2. 1 year immigration ban, upon request from the employer (the employer should have valid reason for this, but the threshold for 'valid' is quite low).

Best piece of advice to OP, imho, go/call/contact the MOL and explain your exact situation to them. They are the authority on these matters and will advise you on what is applicable, what your options are etc. I can't post the link right now (on my phone, too cumbersome lol), but Google is your friend  .... 

p.s: I know for a fact the ban does not apply across GCC countries. So Oman is good, GCC wide bans are reserved for far more serious issues ....


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## Enzoo (May 15, 2012)

i would like to ask a question regarding this from uberkoen

The first being one imposed by the MOL and the other by the employer. Both are different. MOL places an automatic ban if you switch jobs within 2 years if you're on a Limited contract. Further, the employer can place another 6 month ban on the employee if he leaves within this time period.

i have renewed my limited contract from my employeer and im thinking of resigning from them so ill be getting a 6 months labor ban from the mol . am i right ?


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## uberkoen (Sep 12, 2013)

Enzoo said:


> i would like to ask a question regarding this from uberkoen
> 
> The first being one imposed by the MOL and the other by the employer. Both are different. MOL places an automatic ban if you switch jobs within 2 years if you're on a Limited contract. Further, the employer can place another 6 month ban on the employee if he leaves within this time period.
> 
> i have renewed my limited contract from my employeer and im thinking of resigning from them so ill be getting a 6 months labor ban from the mol . am i right ?


Hi Enzoo.

The 6 month ban for MOL is applied automatically if you resign before completing 2 years with the employer. Now, if you have completed your 2 years you will not get the MOL ban. However, if you will be resigning before the 2 year period mandate by the MOL then the ban will be automatically applied.

The ban imposed by the employer is up to the employers own discretion. So, if you leave on good terms this probably won't happen.

As mentioned, the MOL ban is applied automatically. I left my previous employer after working there for 14 months and upon cancellation of my visa the document I received stated that I was banned for 6 months. However, I met the criteria mentioned in my previous post regarding the salary and qualifications and thus, when my new company applied for the visa the ban was removed by the MOL.


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## Zain15 (Feb 8, 2014)

Hi Uberkoen,

as you said "I left my previous employer after working there for 14 months and upon cancellation of my visa the document I received stated that I was banned for 6 months. However, I met the criteria mentioned in my previous post regarding the salary and qualifications and thus, when my new company applied for the visa the ban was removed by the MOL."

This applies to me as well, except Iv worked just 5 months for my current Employer. I am also going on better salary than my current salary and it is above the threshold of bachelor degree. So my ban will also be removed when the New Employer will apply for the new work visa?


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## uberkoen (Sep 12, 2013)

Zain15 said:


> Hi Uberkoen,
> 
> as you said "I left my previous employer after working there for 14 months and upon cancellation of my visa the document I received stated that I was banned for 6 months. However, I met the criteria mentioned in my previous post regarding the salary and qualifications and thus, when my new company applied for the visa the ban was removed by the MOL."
> 
> This applies to me as well, except Iv worked just 5 months for my current Employer. I am also going on better salary than my current salary and it is above the threshold of bachelor degree. So my ban will also be removed when the New Employer will apply for the new work visa?


Yes, in that case the ban should be removed when the new employer presents the documentation required and mentions the actual salary on the contract. Some companies tend to mention a lower salary on the labour contract because it allows them to get cheaper insurance and avoid a lot of hassle. So, as long as the new employer mentions your actual salary on the MOL contract and it is above the limits specified above it should be fine.

Secondly, ensure your bachelors degree is properly verified and attested from all the relevant authorities.


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