# Will have Labor Ban?



## emman3535

Hi,

I am a nurse that is currently working in a construction company in Abu Dhabi as an administrative staff (secretary at the same time document controller) with a salary of 2000 AED. I am working here for 7 months now. The offer letter copy that I have does not state if it is limited or unlimited.

I recently passed the licensure examination for registered nurse and a private company wants to hire me as a home care nurse for 8000 AED.

Given the circumstances and yes I am aware of the standard labor law, can I still switch to this company and practice my profession? If there is a ban how can I lift it? Is it applicable in my situation? Please Advise. :help:


----------



## saraswat

There will be a labor ban, and to lift it there are certain requirements like minimum monthly wage (10K per month), along with educational requirements. For exact information I would suggest you get in touch with the MOL:

Ministry of Labour

They are the authority in these matters and will be able to assist you. 

p.s: It would be good to find out whether you have an unlimited or limited contract before contacting the MOL. Good luck.


----------



## emman3535

saraswat said:


> There will be a labor ban, and to lift it there are certain requirements like minimum monthly wage (10K per month), along with educational requirements. For exact information I would suggest you get in touch with the MOL:
> 
> 
> They are the authority in these matters and will be able to assist you.
> 
> p.s: It would be good to find out whether you have an unlimited or limited contract before contacting the MOL. Good luck.



Thank you for the response. I am currently communicating with them. I may receive their response after 5 days (as the site says)

Anyone here who has the same problem? Please help me shed light to my case.


----------



## rsinner

emman3535 said:


> I may receive their response after 5 days (as the site says)


I would not rely on them to get back. 
If it is possible, I would suggest that you go to the MOL and talk to someone face to face. From what I have heard, they are quite helpful.


----------



## emman3535

rsinner said:


> I would not rely on them to get back.
> If it is possible, I would suggest that you go to the MOL and talk to someone face to face. From what I have heard, they are quite helpful.


thanks for the suggestion.  While Im planning on finding a time to go there I'd thought of hearing some advise here on the forums. These UAE Labor laws are really confusing and non specific to begin with. Sheesh.


----------



## rsinner

The problem is that these laws keep changing (e.g. the latest set of changes happened some time in 2012) and are applied differently by person to person. 
So even if you get any advice on the forum, it will at best be a guess based on what people have read in the newspapers. Very few people (on the forum) have actually been to the MOL or undergone the experience, and even then any application of the laws/practice is specific to a case. In short, there are very few people who can legitimately advise you apart from MOL itself.

All the best!


----------



## emman3535

I understand. Right now I'm working in a project located in a remote area where transportation is very scarce that's why I'm planning on going to MOL myself as last resort and gather much information as much as I can here in the mean time.

I highly doubt that not many people have same case as me; less than 2 years, switching from underemployment to actual profession, higher salary, better job offer, lifting bans...

I mean, switching from companies to another that are totally unrelated industries should be legal right? After all, the purpose of the ban is for inter company competitions that has the same industry. And the MOL official statements (from various job sites) generally states that 

“Employees who have been slapped with a labour ban for breaking their contracts before the expiry of two years can work for a new company, provided they hold at least a high school diploma and have been offered a good position and salary by the new company.”


----------



## saraswat

What rsinner was trying to say (if I may be so bold), was that the best source for information is and will continue to be the MOL. Although cases might seem the same, often intricacies are involved which make the MOL's treatment different. So in effect it really is a case by case basis. 

As for the info from the forum, there are some who have a good idea of the laws, due to their exposure to HR activities/departments at work. For instance, as an internal auditor that audited the HR department, I was required to know the financial elements of the labor law but also was exposed to the labor law as it pertains to resignation/termination of employment. 

Having said that, I certainly do not consider myself an authority on the matter and always advise people to go to the MOL and figure it out before making any decisions ....


----------



## rsinner

Saraswat is bang on. 
I didnt mean to say that people on the forum do not know what they are talking about (apart from Saraswat there are others who are part of the HR/admin teams in their respective companies), but the labour law and its application is so ad hoc that just noone is going to give you the "right" answer. What happens if based on our advice (or from what you hear from friends) you resign and then get a labour ban? 
I have read the labour law end to end, and consulted lawyers about it (when I was resigning from my last job and had certain issues). It has just convinced me that (a) its all hit and miss, and (b) everything can be influenced here with wasta. 

Also, I am not even sure that the latest set of regulations are reflected in the labour law text (it is a separate decree). And then there is a question of what happens in practice.

Your official Arabic+English contract would mention whether it is a limited or unlimited contract. If a limited contract, you will be liable for up to 3 months of salary as compensation to break the contract (apart from the possible labour ban) if the employer claims it. 

Apart from speaking to the MOL, once you have made up your mind, you should also speak to the employer to leave on amicable terms (though the labour ban these days is "automatic").

If your new company has an influential PRO, then you would not need to worry about the labour ban as he may be able to get it reversed. What has your new company told you up till now about labour ban etc?

Have you just emailed MOL or spoken to them over the phone. From what I have heard, the phone response is unlikely to be very prompt either but might as well give it a try.


----------



## cindylapuz

emman3535 said:


> Hi,
> 
> I am a nurse that is currently working in a construction company in Abu Dhabi as an administrative staff (secretary at the same time document controller) with a salary of 2000 AED. I am working here for 7 months now. The offer letter copy that I have does not state if it is limited or unlimited.
> 
> I recently passed the licensure examination for registered nurse and a private company wants to hire me as a home care nurse for 8000 AED.
> 
> Given the circumstances and yes I am aware of the standard labor law, can I still switch to this company and practice my profession? If there is a ban how can I lift it? Is it applicable in my situation? Please Advise. :help:


Hello mam, sir, 
I am also secretary now and have passed dha recently and has offer in hospital and training starts im a week i just want to ask if i will have ban? It is limited contract my visa. I am working Less than a year now. The hr of the hospital is just asking noc. But rumors says noc is not valid anymore. 
Mr. Emman3535 what happened to your visa?


----------



## busybee2

emman3535 said:


> Hi,
> 
> I am a nurse that is currently working in a construction company in Abu Dhabi as an administrative staff (secretary at the same time document controller) with a salary of 2000 AED. I am working here for 7 months now. The offer letter copy that I have does not state if it is limited or unlimited.
> 
> I recently passed the licensure examination for registered nurse and a private company wants to hire me as a home care nurse for 8000 AED.
> 
> Given the circumstances and yes I am aware of the standard labor law, can I still switch to this company and practice my profession? If there is a ban how can I lift it? Is it applicable in my situation? Please Advise. :help:


yes yu will get a ban if you dont get approval from company as you are down as a secretary its only the likes of engineers doctors teachers etc that can usually not be banned but i have known for engineers to be banned even so.


----------



## busybee2

emman3535 said:


> Thank you for the response. I am currently communicating with them. I may receive their response after 5 days (as the site says)
> 
> Anyone here who has the same problem? Please help me shed light to my case.


your labour contract in arabic will say if its limited or not... it may not be on the local company one, the arabic one is the one that is law.


----------



## abid78d

sir

i have employment visa form llc company in sharjah. i have unlimited contract. i complete 16 month in this company and i also get NOC from sponsor. now i have a good offer in abu dhabi .. can i change my visa with facing 6 month ban from labour offcie 

thanks 

abid


----------



## AAlHos1970

rsinner said:


> Saraswat is bang on.
> I didnt mean to say that people on the forum do not know what they are talking about (apart from Saraswat there are others who are part of the HR/admin teams in their respective companies), but the labour law and its application is so ad hoc that just noone is going to give you the "right" answer. What happens if based on our advice (or from what you hear from friends) you resign and then get a labour ban?
> I have read the labour law end to end, and consulted lawyers about it (when I was resigning from my last job and had certain issues). It has just convinced me that (a) its all hit and miss, and (b) everything can be influenced here with wasta.
> 
> Also, I am not even sure that the latest set of regulations are reflected in the labour law text (it is a separate decree). And then there is a question of what happens in practice.
> 
> Your official Arabic+English contract would mention whether it is a limited or unlimited contract. If a limited contract, you will be liable for up to 3 months of salary as compensation to break the contract (apart from the possible labour ban) if the employer claims it.
> 
> Apart from speaking to the MOL, once you have made up your mind, you should also speak to the employer to leave on amicable terms (though the labour ban these days is "automatic").
> 
> If your new company has an influential PRO, then you would not need to worry about the labour ban as he may be able to get it reversed. What has your new company told you up till now about labour ban etc?
> 
> Have you just emailed MOL or spoken to them over the phone. From what I have heard, the phone response is unlikely to be very prompt either but might as well give it a try.


(a) its all hit and miss, and (b) everything can be influenced here with wasta. Aywa! Very true


----------

