# Changing jobs in Dubai - No Objection Certificate



## BerndinDubai

I have been working for one employer in Dubai for a year and have recently left due to a number of unbearable workplace related issues. I have been offered another job in Dubai. My ex employer is not responding to my requests for a NOC. My contract say nothing. Does anyone have any experience in relation to the labour laws and the pressure I can apply to obtain an NOC or override the requirement? Is there a time period in between jobs that must be served eg 6 months? Can my new employer apply some pressure?


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## vastmassive

*NOC Letter*

This is a common issue here, it will all depend on how old your visa is (I assume that it is over 1 year old) If it is over 1 year old you can go to the Labour office and they will arrange for him to provide you with a NOC. Howevr if it is less than 1 year old you will be looking at a ban and may even have to pay the old employer back the fees for the visa.

This all depends that you didn't sign a letter that prevents you from moving to another company in the same field. 

If you encounter any issues after doing this and you still find yourself with a ban then you will be able to solve the problem with a lawyer.

In order to give you this information I asked one of the Lawyers in my office and they said that they would be able to assist you if you need it. pm me for there contact details if you get stuck


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## chay14ph

If you are working or moving to a free zone company, you do not need an NOC. 
If its not, you really have to speak with your employer to get this NOC. That's the most common problem here for changing job. If they give u a ban, talk to your new employer, im sure they will help you with this.


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## vastmassive

chay14ph said:


> If you are working or moving to a free zone company, you do not need an NOC.
> If its not, you really have to speak with your employer to get this NOC. That's the most common problem here for changing job. If they give u a ban, talk to your new employer, im sure they will help you with this.


No No if you are moving to a free zone company you will still need approval from your old sponsor (assuming that you previous company was not a free zone company) after all your visa is in his name and he will need to aggree that you are free to leave with no objections from him.


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## chay14ph

vastmassive said:


> No No if you are moving to a free zone company you will still need approval from your old sponsor (assuming that you previous company was not a free zone company) after all your visa is in his name and he will need to aggree that you are free to leave with no objections from him.



This is incorrect. If you are moving to free zone company, you DO NOT need NOC. Your company just have to cancel your visa and the free zone company will apply for your new visa. We are under the Dubai Multi Commodities Centre which is under free zone.


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## vastmassive

chay14ph said:


> This is incorrect. If you are moving to free zone company, you DO NOT need NOC. Your company just have to cancel your visa and the free zone company will apply for your new visa. We are under the Dubai Multi Commodities Centre which is under free zone.


Granted but you will still need to recieve approval from your current sponsor regarding the status of the visa..... as if you have stayed in your current job for less than 1 year you will be required to pay him back the fees..... unless you have a good understanding with him or your company.


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## Jynxgirl

My understanding is it is illegal for you to pay for your visa, no matter what. Even if they put it in your contract, its still illegal. All visa costs were suppose to be paid by the employer.


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## vastmassive

Jynxgirl said:


> My understanding is it is illegal for you to pay for your visa, no matter what. Even if they put it in your contract, its still illegal. All visa costs were suppose to be paid by the employer.


This is a tough one, very few contracts over here are valid for one year, so in this sence if you leave before your employment contract is over you will be required to pay the expences that your company paid out for your visa etc.... In a way it will be concidered as breach of contract.


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## rsinner

vastmassive said:


> This is a tough one, very few contracts over here are valid for one year, so in this sence if you leave before your employment contract is over you will be required to pay the expences that your company paid out for your visa etc.... In a way it will be concidered as breach of contract.


I am not an expert, but from what I have read on this forum (and some people are quite knowledgeable here), reimbursement of any visa expense is illegal, whether you work for one month or year or 10 years


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## vastmassive

rsinner said:


> I am not an expert, but from what I have read on this forum (and some people are quite knowledgeable here), reimbursement of any visa expense is illegal, whether you work for one month or year or 10 years


In who's eyes????

It may be unfair and harsh but there is no law against it, in most cases it is set out as a point in your employment contract


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## bonk

vastmassive said:


> In who's eyes????
> 
> It may be unfair and harsh but there is no law against it, in most cases it is set out as a point in your employment contract


Erm, I was about to say yes there is, and just went through the UAE Labour Law to find the relevant article. But I can't . Article 190 might cover it but I'm not sure. Article 18 has some comment but it seems to be more related to recruitment agents.

However, there have been numerous quotes reported in the press from various UAE government officials that say it is against the UAE Labour Law to charge employees for visa fees. There is a possible exception though - companies are entitled to claim financial damages from employees on limited contracts who leave before contract expiry, and this might cover visa fees.


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## vastmassive

bonk said:


> Erm, I was about to say yes there is, and just went through the UAE Labour Law to find the relevant article. But I can't . Article 190 might cover it but I'm not sure. Article 18 has some comment but it seems to be more related to recruitment agents.
> 
> However, there have been numerous quotes reported in the press from various UAE government officials that say it is against the UAE Labour Law to charge employees for visa fees. There is a possible exception though - companies are entitled to claim financial damages from employees on limited contracts who leave before contract expiry, and this might cover visa fees.




There you go i think you've hit the nail on the head


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## mrsexpat

*Help vastmassive*



vastmassive said:


> This is a common issue here, it will all depend on how old your visa is (I assume that it is over 1 year old) If it is over 1 year old you can go to the Labour office and they will arrange for him to provide you with a NOC. Howevr if it is less than 1 year old you will be looking at a ban and may even have to pay the old employer back the fees for the visa.
> 
> This all depends that you didn't sign a letter that prevents you from moving to another company in the same field.
> 
> If you encounter any issues after doing this and you still find yourself with a ban then you will be able to solve the problem with a lawyer.
> 
> In order to give you this information I asked one of the Lawyers in my office and they said that they would be able to assist you if you need it. pm me for there contact details if you get stuck





My husband too wasn't able to acquire a NOC from his previous employer thus, the next company where he signed a contract already, left him hanging in the air. Should there be any case of issue about that? And now, that he has managed to find a new sponsor, will he be able to get a new visa? His visa's 2nd year this December 2010. Please tell us what to do about it?!


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## wandabug

IF he has a ban he may be able to pay to have the ban lifted. His new employer should be able to advise on this.


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