Tuesday 9 October 2012

UAE One year ban

Which acts would result in the termination of an employment contract, and result in the employee being banned from working in the UAE for one year?
The following acts by the employee would render the employee banned from working in the UAE for a year.
1. If the employee leaves his employment without a justified cause before the end of a specified there in the employment contract; or
2. In the case of an unlimited contract without giving one month’s notice of termination; or

3. The employee leaves his employment before the lapse of one month’s notice; or

 4. The employee violates Article 120 of the Law; or

 5. The employee works with another employer full/part time at the same time as working for his original employer.


These sanctions would only be applied if a complaint was filed by the employer requesting such

I was working for a company here. I was blacklisted forever due to a theft case in 2005. Now a company has appointed me at the Sharjah Hamriya & Jebel Ali free zone. Is it possible that I can get an employment visa on the company sponsorship for two years?

 
Blacklisting or a ban is a legal mechanism in the UAE that prevents a resident or an employee from re-entering into the UAE, or from accepting any employment position with a new employer for a fixed period of time.


Workers and visitors may be subjected to an entry ban or a work ban, depending on what they have done while they were in the UAE. Blacklisting or ban could be broadly categorised into two types i.e. employment ban and immigration ban.

 

In an employment ban, A person is not permitted to work in the UAE for a specific period of time due to breach of certain provisions of the UAE Labour Law. An employment ban is usually given under the following circumstances:

 

A permanent ban is usually imposed on absconding employees.

 

A ban for a period of six months will be automatically imposed by the Ministry of Labour, in case if a worker has not completed two years with his current employer. An immigration ban is usually imposed for serious labour offences or crimes committed by person. Therefore, an immigration ban means that one cannot enter the UAE, irrespective of whether the person intends to enter as a visitor or for residency. Since you were convicted of theft, an immigration ban was imposed upon you. Therefore, you will not be allowed to enter into the UAE.


I have been working in a company here on an unlimited contract. I have resigned recently with 30 days notice period. I would very much appreciate if you kindly advice me on the labour ban, if any, end of service benefits, and my passport which they kept with them.

 
First of all, the employer does not have the right to hold the employee’s passport without the latter’s consent. Secondly, according to Articles 125, 131, 132,133 and 137 your end of service benefits are; a certificate of service (free of charges), the expenses of sending you back to your home country (a ticket and any other agreed upon expenses according to the labour contract), and your gratuity would be the salary of 21 days for each year divided by three. Finally, Under the UAE laws, if an employee leaves a job without completing two years, then, the Ministry of Labour will impose a work ban for six months or for one year if requested by the employer (KT).

 

66 comments:

  1. This comment has been removed by the author.

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  2. This comment has been removed by the author.

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  3. Yes it is possible - you may come to uae on a visit visa and search for a job in free zone region only.

    Ban is applicable in OUTSIDE FREE ZONE REGIONS

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    Replies
    1. but if you are on one year band you cannot enter to UAE?

      Delete
  4. i resigned after 9 months after joining the private company in dubai.. now i got job in freezone ras al khaima and i have 1 year banned by employers request.. how it will be lifted?

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  5. I am currently working for a restaurant on a limited contract of 2 years with a salary of Aed 2500, my labor card expires on 27th February 2014 and my visa on 21st March 2014. The Current company i work for is pleased with my work and wants me to extend my contract with them. But i am not happy in this company and i am getting a better job offer in another restaurant which pays Aed 5000 basic salary and many allowances they will also provide for my visa once my cancellation documents are given to them by me, the responsibility is more of course, but i am willing to take it. after i told my employers about this situation they were angry with me and have threatened to impose a ban on me if i join the other restaurant claiming that there is a general "Non Compete Clause" in UAE even if it was not mentioned in my labor contract. My question is can my employer ban me even if i have completed my contract with him? what can i do to avoid this ban as i am the only earning member of my family and have a lot of responsibilities on my head. Also can you please guide me on how to proceed to not disappoint the new company and get visa from them on time? i have given them a joining date of 22nd March 2014. what can i do? Please help!

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  6. I want to know if you can join a job in Sharjah free Zoneqhile you are banned from a company in Hamriyah Free Zone?
    I think that you cannot come on visit visa if you are banned for one year

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  7. hi
    I am working on Hamriyah Free Zone visa and have completed only 2 months. There was a clause in my offer letter that I should work at least three months for the company. Now I got a better opportunity outside the free zone. If I leave the company, will there be any ban on me?

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    Replies
    1. Hi Jissas

      Absolutory no, you can resign and there will be no BAN

      Regards

      Winston

      Delete
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  8. i have imigration ban for 1 year as i did not complete 3 years contract can i apply for free zone

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  9. Dear Winston Greetings My self Raja Mohammed am working in Tailoring Accs shop in Dubai as an Accountant for AED 1200 from 14.08.2013 now i got a job for AED 5750 i asked my jobs to cancellation my boss ask visa charges as reimbursed and i paid AED 7000 as visa charges now he planned to banned me for 1 year.if it's possible to lift that ban.

    Please clear me.Awaiting for your Reply

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  10. I got an employment ban from the employer for one year, will i be able to apply for investor visa on my father's business in UAE ?

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  11. This comment has been removed by the author.

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  12. Hi,I have labor ban for 1 year imposed by the company because I wasn't able to finish my 2 years limited contract.Right now, I able to find a job to a private company.They offer me a salary of 5000 with a better position as well than my previous company.Is it possible to lift my 1 year ban and able to join this company?My labor ban start in april 2014 and ends at april 2015.Thank you.

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  13. My friend was convicted thef but its not proven...is she can enter uae again??

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  14. i have an investor visa in abu dhabi. can i work in a school as an instructor as part time?

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  15. I really appreciate your blog and have gained so much neede information. A sincere thanks to you.

    Starting Business In Dubai

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  16. If i get 1 year ban in uae can i switch to freezone visa emploment?

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  17. wow such a great job resources thanks for sharing keep it up Gulf Job Sites

    ReplyDelete
  18. Hi, Iam naseer ahmed, i have a different situation, i resigned my previous job and got my visa cancelled , after joining new company i lost my passport , when i got a new passport my visa status is showing absconding and my employer cannot apply for a visa, please, what i have to do now....as i have no idea where to go and i will be terminated soon if i cannot solve this issue.

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  19. will great full if you can advice me in the problem

    I working with aster group form past 3 year and 4 month. i have
    completed my first limited contract and this my renewal visa which
    will be ending on 15.12.14 . Now i got job in emirates airline as a
    ground staff in terminal 3 .

    Now emirate group informed me to resin from my current employee . i
    had prepared resignation letter with notice period of 3 month . when i
    went to talk with my HR they are tell that they will put 1 year ban
    with is 6 month labor and 6 month company ban

    As i know emirate group is government company so their will be no ban
    i think so and if their is labor ban is their where i can go and lift
    emirate is offering 5700 salary with my qualification which 12th

    i asked some people they are tell me that your hr is making you scare
    to retain in same company

    Waiting for your kind reply to forward my resignation

    ReplyDelete
    Replies
    1. Hi Subin Babu did you get the answers? Can you share with me what you have done?

      Delete
  20. i was working for seven years continuously with one company in abudhabi and eight months ago i cancelled my visa from previous company & i join new company. but with new before six months completion i cancel my visa to get visa as investor in Dubai. now i have one year ban.
    is its possible that investor visa can remove one year ban because still i m here in UAE. Please give some solution that how i can get visa again.

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  21. This comment has been removed by the author.

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  22. This comment has been removed by the author.

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  23. Winston dear reply.there are many Q.

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  24. i have one year labour ban.is it possible to remove it?

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  25. i have one year labour ban.is it possible to remove it?

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  26. how i clear my life time band this band my boss problem ,please help me

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  27. how i clear my life time band this band my boss problem ,please help me

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  28. Hey sir,
    Two months before i got one year ban with article 120. Please how can i lift the ban and will i be able to get a job .
    Thanks

    Anil

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  29. Hey sir,
    Two months before i got one year ban with article 120. Please how can i lift the ban and will i be able to get a job .
    Thanks

    Anil

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  30. Dear Sir/Madam,
    My name is Arslan Khalid, my wife came in UAE on husband visa when we went for her medical we were informed that she is medically unfit and was returned back with life time ban, kindly advise if there is any legal process to lift the ban as we have done her medical and all got cleared.
    Hoping to hear from you.

    Arslan Khalid.
    0556132884
    0565361889

    ReplyDelete
  31. dear sir
    my name is fakhar and i joined a company before 2 month with limited contract now i got new job which salary is better then this so i resigned form company and join new one so the company through the ministry of labor law imposed one year ban on me.whoat should i do to remove the ban the new company is not free zone ...but i have master attestation degree and more than 5000 offer letter from new company ..plz advice me what i should so to remove ?

    regards

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  32. my cell number is 0558191427 plz advice me

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  33. my cell number is 0558191427 plz advice me

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  34. hi good day i just want to ask if i could still apply in freezone area cause i was terminated and didint finish my contract under limited i was accuse by theft in my termination paper and give me 1 year banned is it possible to lift the banned? can i have any suggestion what to do? and is it immigration or company ban? because the hr told me i can still go in hotels or freezone area but then i ask my colleagues i cannot so pls help?? thanks

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  35. i have absconding ban in sharjha 2 years before is it possible now i can come in uae and find job

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    Replies
    1. Rai Absconding Ban normally sentenced to life time work ban in uae, one of my friend got the same problem, we were roam around everywhere and met so many PRO's and also Tasheel centres, so far nothing helped out, he had actually imposed one year immigration ban in his cancellation, he's now getting visit/tourist visa without problem, he visits twice to dubai after completed his one year immigration ban, now recently he got an offer from JAFZA, and visa has been applied, so far no result.... hope soon he will be back in dubai with employment, but keep in mind all the sites posting about ban details are shit, normally they all saying same thing again and again, that normally everyone knows about shitty 6 month and one year labour ban, but none of them trying to research or post any useful for new and different cases like yours

      Delete
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  37. This comment has been removed by the author.

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  38. I was terminated from job with one month notice by previous company without my resignation. I got Job offer letter from another employer. Also previous employer gave me NOC. When new employer applied for work permit for me, application had been rejected by MOL. When I went to MOL, there is one year labour ban for me. How it came? Can it be lifted. I am a high school graduate with diploma in computer application. Pls help me. Now I am one month overstaying because the previous employer holding my passport without any reason. Pls advice me.

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  39. Hi sir, i would just like to clarify my current contract is limited with a visa of Telex clerk and salary of 3500, it is under category 4. I want to change jobs from elex cler to phlebotomist (category 2 skilled workers), the new company is offering me 7500aed. Would i still get a ban? I have been working for 16months in my current employer.

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  40. dear sir i never visit dubai but now i aplly for visit visa but rejected due to securty issue blacklist plz tell me solution plllsss

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  41. Hi sir I deport year before. Somebody told me ur case is normal u can apply visit visa after 1 year I apply visit visa normally and I got it one month vist visa please tell me now my ban was lifted and I come dubai b cos my visit visa thanks

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  42. Hi sir I deport year before. Somebody told me ur case is normal u can apply visit visa after 1 year I apply visit visa normally and I got it one month vist visa please tell me now my ban was lifted and I come dubai b cos my visit visa thanks

    ReplyDelete
  43. Hi sir I deport year before. Somebody told me ur case is normal u can apply visit visa after 1 year I apply visit visa normally and I got it one month vist visa please tell me now my ban was lifted and I come dubai b cos my visit visa thanks. My watsapp number 00923334242947 and my e mail address baba_modeling25@yahoo.com

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  45. Hi can you please help me to know about labour ban for one year. How to remove this.
    Actually scenario is my company put absconding on me but by mistake and then we mutually withdraw also that ban, but then also labour put 1year ban on me. Now how to remove this ban. My previous company is ready to give noc as well. I got new job also. My last job salary was 4500 and now new I got offer of 4000. Please help me how this remove this ban if you have knowledge about it.
    Thank you.

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