Resignation and ban

moin88 2015-10-20 04:12:52 UTC #1

Hi i want to know some details. i am working as an estimator but i have door maker visa (labour visa) salary dhs 2500
and allowance dhs 1500 total dhs 4000 and my visa is expiring on march 12 2016. but i want to resign in december 2015
last ot jan 2016 first week. i have given my resignation. I got job in emirates engineering as senior component assistant
with salary of dhs 3700 allowance dhs 2300 total dhs6000. i want to know will i get ban and can i get emirates visa. And secondly if i ask for NOC is it compulsory for company to give NOC.

deepak 2015-10-20 15:50:34 UTC #2

@moin88,

The ban may be applicable. Emirates may not consider your offer if you have ban.
Please consult with your HR and even the Emirates HR in this regard.

obaid 2015-10-21 08:08:10 UTC #3

Hi Deepak,

First of all, I would sincerely like to thank you for helping people out here. It is actually very noble of you to provide clarity and guidance to those in need, especially regarding legal matters which are sometimes difficult to understand and follow.

Having said that, I have a question I needed some clarity around related to the same "resignation and ban" topic for limited contract employees. I have read the articles you have posted but haven't been able to quite understand whether the ban would apply in my case or not. So here's my situation:

a) I am a Skill Level 1 employee (have a university degree from a reputable university)
b) I am on a 2 year contract which started in April 2015, so I am more than six months into my job
c) I work for a bank here, which is owned by a government entity

I have found another offer from a Fortune 500 company which I want to take up. If I get a mutual agreement from my employer, and serve my notice period, does the ban apply to me? Please do note here that the company I currently work for will be shutting down operations in the next 6 months or so, which is why I went out looking for other jobs in the first place. However, I want to leave and start with the new employer before then instead of waiting for the company to officially shut down.

Looking forward to your reply.

Thanks

deepak 2015-10-21 15:24:09 UTC #4

@obaid,

I don't think labour ban would apply to you. I used to work in a government related bank and had resigned after 1.5 years. Did not face a ban. But you should ask your PRO clearly about this.

chuck 2015-10-22 19:38:43 UTC #5

gud day sir, i just want to ask if the employer can force me to exit from origin?what i mean is they want me to exit in the philippines where i came from..

I resigned in a semi-gorvernment company with a unlimited contract and they cancel me without ban..then they want me to send back in the philippines instead of exiting to another country like kish or oman..which is much applicable to me beacause it's much cheaper and I am already cancelled.and the problem here sir is I already have my cancellation but they didn't give it to me yet inluding my passport..as long as I am not showing my plane ticket to the philippines..

my question sir is that can they have a right to force me to go back in the philippines to exit?or can i have my own decision to make exit with another country like kish or oman?

deepak 2015-10-25 05:25:23 UTC #6

@chuck,

Yes, they could do that.
The reason is if you overstay in UAE, it is on employer that the responsibility is on.
They can not insist however on going to the home country.
You could exit to Kish or Oman.
And how would they know where you are heading?

Monday 2015-11-08 14:57:35 UTC #7

Hullo Mr. Deepak

I have been following your responses regarding the New UAE Labour Decrees to take effect in January 2016, and i that you very much since i have learnt greatly, now here below is my own specific personal situation, kindly i need your response.

I have been in Dubai for four months as a Security Guard with a security company, on a limited contract of two years. This job's requirement is a high school qualification, however, am a graduate of Public Administration/HRM and actually i have been practicing HRM back home.

Now is there any chance that come January 2016 i can change to an employment/job of my profession/qualification without a ban?

deepak 2015-11-08 14:58:56 UTC #8

@Monday,

Yes, there may be good news in this regard if you have completed your bachelor's degree and have an attested certificate in this regard.
Keep reading the blog for updates.

mohsin 2015-11-08 20:45:05 UTC #9

Dear Mr Deepak

Sometimes Bachelors is 2 years and sometimes it is 4 years , i also have a similar kind of situation and i have 2 years bachelors , my degree is attested , will I be able to avoid a ban if I switch my JOb , my 1st year of contract will be completed on Feb 18th 2016 and its an unlimited contract .

deepak 2015-11-10 15:38:23 UTC #10

@mohsin,

From Jan 2016 you'd be able to avoid labour ban in such cases. However, I have not heard of 2 year bachelor degree. Is it some kind of professional degree?

Read New Labour Law:
http://emiratesdiary.com/uae-labour-law-2/new-uae-labour-law-rules-by-mol-2016
http://emiratesdiary.com/uae-labour-law-2/new-labour-law-rules-764-2016-standard-offer-letters-and-contracts
http://emiratesdiary.com/uae-labour-law-2/termination-of-contract-under-new-labour-law-rules-2016
http://emiratesdiary.com/uae-labour-law-2/new-uae-labour-law-766-work-permit-granting-approval-and-labour-ban

nikhilpr 2015-11-18 07:22:55 UTC #11

Hello Deepak Sir,

I am a Diploma holder and working in an LLC company as MECHANICAL Engineer since may 2014.
During the interview I agreed to work in this company for 4 years and signed in a white paper hand written agreement.(This is not included in the Labour agreement by Government). But when I reached here, I realized the company situation and understands that there is scope for a progress in my Career. I would like to change to another company in 2016.
1 .Please let me know whether the Ban will be there on me if I am not completing 2 years.
2. Do I need to pay compensation if I am not completing 2 years.
3, Whether the hand written agreement is valid in UAE or not.
4. Can I get the Gratuity if I complete 2 years.

Please reply....

deepak 2015-11-18 11:34:42 UTC #12

@nikhilpr,

Yes, labour ban is possible depending on your contract type and new salary in new job.
If it is limited contract, yes, you have to compensate the company.
No, that is not valid.
After completion of 1 year, gratuity is payable.

nikhilpr 2015-11-19 07:02:42 UTC #13

Thank you Deepak sir...

Ym1990 2015-11-19 09:52:10 UTC #14

Dear Deepak,

I have started working in a company 1.5 months ago and i resigned 2 days ago because i couldnt take the drama in the company and passed my resignation valid from the day of submission and stated resignation for personal reasons. So my employer ows me my 15 days salary which is 4000 AED and my employer is not proposing that i should pay the visa fees to the company since i worked for such a short period but i told then that im aware as per law that i should not pay. Then they said if u sign the paper that company doesnt owe u any money we will not put a ban neither ministry of labour will. I want to make sure if my company has no objection and will not put a ban will the ministry give me a ban? My contract type is unlimited and in my contract its stated employee should not cover visa costs upon termination. If by signing the paper that my company doesnt owe me anything i will not get a ban then im ready to sign. Please help me to know if my company is fooling me to keep my money. Thank you

deepak 2015-11-19 10:52:18 UTC #15

enchacadan 2015-12-20 07:00:52 UTC #16

Hi ,
I am working in a company which was a semi-govt and now some months before it has been changed to private sector.
I have a limited contract with my company and I resigned to start a new job offer in other private company.I joined this Company on 23 Feb 2011 and up to now am in limited contract. Now my Company asked to change my Semi Govt Visa to Private sector visa prior to cancel my visa. I did not sign any labor contract other than my usual employment contract in English.
I have a mechanical engineer visa with present company and my new company offered me with salary more than 12000 AED and same mechanical engineer visa.
My query is whether I will be banned or my new company can lift my ban if I am banned?
Please reply

deepak 2015-12-20 14:38:18 UTC #17

@enchacadan,

I don't think for such profile, you will face labour ban.

timesofsuresh 2015-12-20 14:41:03 UTC #18

Dear Mr. Deepak

Good Day !

Kindly give me the correct information for my question below mentioned:

Actually I have resigned my job here in Dubai. And the company has cancelled my VISA. Now I want to know that whether I can able to work in U.A.E or not ? And please advise me that how to lift the ban......

FYI

My VISA is in Unlimited contract and in the name of Mechanical Engineer - Automotive
My company is ready to give N.O.C
I have worked exactly 1 year 0 months 3 days
I have already attested my bachelors degree certificate in both Indian and UAE embassies.

Hereby I am waiting for your prompt reply........

deepak 2015-12-20 14:42:20 UTC #19

@timesofsuresh,

I don't think there will be problems.
Also consult with MOL for 'correct information.'

enchacadan 2015-12-20 16:49:09 UTC #20

Dear Deepak,
So you mean is that i will be labor banned and my new company can't lift the ban even if I am having Mechanical Engineer with more than 12000 AED salary. Can you please clarify?
Or otherwise NOC can be worth or not?