# Labour Question



## MirdifMellow (Jul 21, 2008)

Hi I would like to clarify a few things.

1) If you have an offer of employment and then when you arrive the labor contract that you sign states things differently what contract would stand?
an example would be that the company say they wont pay for repatriation but the government labor contract states that this is the company's responsibility.. 

2) If you took another job and during the probation period you found that you couldnt work with the people concerned are you able to move without a problem or would they still be able to put a six month ban on you.


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## qwert97 (Jun 2, 2008)

MirdifMellow said:


> Hi I would like to clarify a few things.
> 
> 1) If you have an offer of employment and then when you arrive the labor contract that you sign states things differently what contract would stand?
> an example would be that the company say they wont pay for repatriation but the government labor contract states that this is the company's responsibility..
> ...


1. The labor contract that your sign with Ministry of labor will prevail
2. You will be subject to a 6 month ban unless the company issues a NOC


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## mayotom (Nov 8, 2008)

MirdifMellow said:


> Hi I would like to clarify a few things.
> 
> 
> 2) If you took another job and during the probation period you found that you couldnt work with the people concerned are you able to move without a problem or would they still be able to put a six month ban on you.


The ban is put in place by the Labour office not the company


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## Guest (May 7, 2009)

Hi

I am in very similar situation i.e. leaving during probabtion. The 6 month labour ban will be imposed whatever you do. However your able to work for a company in the free zone or a governmental company as the labour ban doesn't really affect them and they do not need a NOC.


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## mayotom (Nov 8, 2008)

Buppo said:


> Hi
> 
> I am in very similar situation i.e. leaving during probabtion. The 6 month labour ban will be imposed whatever you do. However your able to work for a company in the free zone or a governmental company as the labour ban doesn't really affect them and they do not need a NOC.



an NOC will cancel the ban,

however it is not needed if you change job sector,


eg you work for a private company you don't need it to join a government company, or freezone or other emirate, however the new company may still look for it, just to know that you left your previous company amicably 


this may all change soon if the UAE follows Bahrain Slavery abolished in Bahrain


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## qwert97 (Jun 2, 2008)

mayotom said:


> an NOC will cancel the ban,
> 
> however it is not needed if you change job sector,
> 
> ...


That is correct except that NOC is needed if you join another emirate. I am just going through the transfer process myself and an NOC was needed to kick start the process.


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## Ogri750 (Feb 14, 2008)

If you leave during your probation (or at any time for that matter if it is on bad terms), the company could, if they wanted to, impose a ban on you. This ban is for 12 months as opposed to the MOL 6 month ban.

I believe however, if you are on an unlimited contract (one with no end date), after you have completed 1 years service, you can leave and not require an NOC. I stand to be corrected if that is not correct.


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## deniseajohnson (Aug 12, 2008)

Ogri750 said:


> If you leave during your probation (or at any time for that matter if it is on bad terms), the company could, if they wanted to, impose a ban on you. This ban is for 12 months as opposed to the MOL 6 month ban.
> 
> I believe however, if you are on an unlimited contract (one with no end date), after you have completed 1 years service, you can leave and not require an NOC. I stand to be corrected if that is not correct.


What happens if you are leaving before completion of 12 months and employer is issuing NOC, I am moving to a freezone in Dubai from Abu Dhabi


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## Ogri750 (Feb 14, 2008)

So long as you have an NOC you should have no problems.

It might be worth asking the original company if they are allowing you to transfer the visa or if they are cancelling it. If it able to be transfered it speeds things up.

Once you receive your NOC (it will be in Arabic), if you don't read Arabic get someone who does to check it. The NOC I received was only valid for 15 days, so I had to get the new company PRO to get his skates on.


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## deniseajohnson (Aug 12, 2008)

Thanks for your advice.

Will I need to close my bank account and cancel credit cards if the visa is cancelled rather than transferred?

It all seems a bit complicated and confusing to me!


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## Andy Capp (Oct 5, 2008)

deniseajohnson said:


> Thanks for your advice.
> 
> Will I need to close my bank account and cancel credit cards if the visa is cancelled rather than transferred?
> 
> It all seems a bit complicated and confusing to me!


No, just inform the bank that you're changing jobs for a bigger, higher paid one and you'll be fine...

The company might tell your bank that you are leaving, but if you inform them first, then there should be no problem.

*However, to be on the safe side* - and this has happened to a few people I know, the company informed bank A, matey had a credit card with bank A, bank A canceled credit card and froze his account. Matey owed 15k on credit card and had 100k or thereabouts in his account. Bank A said that it froze all the money because of unforeseen charges that might have to be debited.

I other words he was up the creek without a paddle, I would strongly suggest that you pretty much empty your account and move the cash to an offshore account so at least you wont be in the smelly stuff.

Bank A took 3 months to give matey his own money back (after closing account fees/credit card charges for missed payments etc.).

Upshot is don't bank with Mashreq or Emirates NBD....


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## deniseajohnson (Aug 12, 2008)

I have heard of similar stories in the past, but hadn't remembered so I will take your advice!


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## mariangela (May 10, 2009)

hello i am new


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## Dubai1 (Feb 2, 2009)

Can I clarify:

1) If you are currently in your probation period working for a local Dubai company and resign in order to go and work for Free Zone company, regardless of a Ministry of Labour ban or whether an NOC is issued by the company you are leaving, you are still free to obtain a visa to work for the Free Zone company?

2) Does anyone know what would happen if say my wife was sponsered on my current visa, would we have to get her a new sponsorship assuming I had to get a new visa issued with the Free Zone company?

Thanks for any advice....


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## Ogri750 (Feb 14, 2008)

1. I believe that is correct

2. You may be able (not sure for going into a free zone), pay a AED5000 deposit to DNRD to have your wife's visa put on hold. Once you get your new visa, her sponsorship is automatically transfered to your new visa. That is the case for outside a free zone.


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## deniseajohnson (Aug 12, 2008)

Going back to the bank account, a friend told me today that you last salary paid into the bank has to be be stated by your employer at the time of payment as 'final', therefor the bank will know that you are no longer working for the company, so to withdraw funds and sort out credit cards prior to final salary being paid into your account!


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## Elphaba (Jan 24, 2008)

deniseajohnson said:


> Going back to the bank account, a friend told me today that you last salary paid into the bank has to be be stated by your employer at the time of payment as 'final', therefor the bank will know that you are no longer working for the company, so to withdraw funds and sort out credit cards prior to final salary being paid into your account!


An employer does not have to do this, but many do and this action will lead to an account being frozen, especially is there is an outstanding loan.

-


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