New UAE Labour Law Rules by MOL (2016)

New UAE Labour Law Rules (Ministerial Decrees)

UAE Ministry of Labour has issued a new set of rules through 3 new Decrees: Ministerial Decree 764, Ministerial Decree 765 and Ministerial Decree 766. I feel these Decrees are a big development in the Labour Law which clarify important issues of the Labour Law. These Decrees will become effective January 1, 2016.

The three Ministerial Decrees are as follows:

  1. Ministerial Decree 764: Standard Work Contracts
  2. Ministerial Decree 765: Termination of Limited Contract and Unlimited Contract
  3. Ministerial Decree 766: Granting of New Work Permits 

Below is the pure text of the aforementioned Ministerial Decrees. In short time, I will publish my interpretations of these Decrees. In my opinion, these decrees are very important and will significantly address key concepts of the UAE Labour Law.

Ministerial Decree 764: Standard Work Contracts

Ministerial decree (764) of 2015 on Ministry of Labour-approved Standard Employment Contracts

The Minister of Labour:

Upon consulting Federal Law (8) of 1980 and its amendments governing labour relations; and Council of Ministers’ Decree (40) of 2014 on fees and penalties associated with Ministry of Labour provided services.

Decrees:
Article (1)

The employment contract specimen is henceforth adopted for use as a Standard Employment Contract. Tentative approval to admit a foreign worker for the purpose of employment in the UAE cannot be granted until an employment offer that conforms with the Standard Employment Contract is presented to and duly signed by the worker.

Article (2)

If the worker is in the UAE, the worker must duly sign the employment offer, as stipulated in Article (1) before the employer applies for tentative approval to employ the worker.

Article (3)

The Standard Employment Contract referenced in Article (1) must be used upon renewing contracts that are in force prior to the issuance of this Decree.

Article (4)

The employer must retrieve from the Ministry system a standard contract that captures exactly the terms of the employment offer and obtain the worker’s signature on the contract prior to presenting the contract for registration with the Ministry. No alteration or substitution of terms may be entered unless such alteration or substitution benefits the worker and after the alteration or substitution is approved by both the worker and the Ministry.

Article (5)

No new clauses may be added to the Standard Contract referenced in Article (1) unless they are consistent and compliant with the Ministry’s legal requirements, do not conflict with other clauses of the Standard Contract and are approved by the Ministry.

Article (6)

This Decree shall be published in the Official Gazette and become effective on January 1, 2016.

By Saqr Ghobash, Minister of Labour
Issued in Abu Dhabi on September 27, 2015

Ministerial Decree 765: Termination of Limited Contract and Unlimited Contract

Minister of Labour’s decree (765) of 2015 on Rules and Conditions for the Termination of Employment Relations

The Minister of Labour:

Upon consulting Federal Law (1) of 1972 on the mandates of ministries and the powers granted to ministers; and of Federal Law (8) of 1980 and its amendments governing labour relations.

Decrees:
Article (1)

An employment relation between employer and worker may be terminated as follows:

I. In the case of fixed-term contracts (approved by the Ministry for a term of no more than two years), an employment relation is terminated if any of the following instances occurs:

1. The term of the contract expires and the contract is not renewed.

2. Employer and worker mutually consent to terminate the contract during the course of its term.

3. Either party (employer or worker) acts unilaterally to terminate the contract and complies with the legal steps that are described in clause (4) of this article. The terminating party bears any legal consequences of early termination.

4. Either party (employer or worker) acts unilaterally to terminate a renewed term contract, whether renewal has occurred before or after this decree enters into effect, provided the terminating party complies with the following legal steps:

a. Notify the other party in writing of its intent to terminate the contract in accordance with the notice period to be agreed to by the two parties, not to be less than one month and not to exceed three months. If renewal occurred before this decree enters into effect and the parties had not agreed to a notice period, this notice period shall be three months.

b. Continue to honour his/her contractual obligations for the duration of the notice period.

c. Indemnify the other party to the level that was agreed to by both parties, not to exceed the equivalent of three months of gross wages. If renewal occurred before this decree enters into effect and the parties had not agreed to the amount of indemnification, this indemnification shall be the equivalent of three months of gross wages.

5. Either party (employer or worker) acts unilaterally to terminate the contract without complying with the legal steps that are described in clause (4) of this article, and for no reason of non-compliance by the other party; in this case the terminating party bears any legal consequences of early termination.

6. The Employer acts to terminate the contract of a worker who commits any of the violations that are described in Article (120) of the Federal Labour Law.

II. In the case of unlimited (not term-bound) contracts, an employment relation is terminated if any of the following instances occurs:

1. The two parties consent to termination.

2. One party acts, at any time, to terminate the contract subject to notifying the other party and continuing to honor contractual obligations for the duration of the notice period, which cannot be less than one month and cannot exceed three months.

3. One party (employer or worker) acts unilaterally to terminate the contract, without complying with the legal conditions described in (2) above and without reason of non-compliance by the other party; in this case the terminating party bears any legal consequences of early termination.

4. The Employer acts to terminate the contract of a worker who commits any of the violations that are described in Article (120) of the Federal Labour Law.

In all instances of termination described in this Artile (1), either Employer or Worker may refer to the judicial system to seek indemnification or recover other rights under the Federal Labour Law and its implementing decrees.

Article (2)

An employment relation is considered to have de facto ended if any of the following instances occurs:

1. It is duly established that the employer has failed to meet contractual or legal obligations to the worker (as in, but not limited to, the non-payment of wages for a period exceeding 60 days)

2. The worker has filed a court complaint against an employer who failed to secure employment of the worker as a result of the shutting down of the employer’s business, in which case a report by Labour Inspection attesting to the fact that the business has been inactive for a period exceeding two months must be obtained and the worker must have reported to the Ministry during this period.

3. A labour complaint is referred to the court by the Ministry and a final ruling is obtained in favour of the worker stating that the worker is entitled to no less than two-month wages or to indemnification for arbitrary firing or early termination of a fixed-term contract, or any other benefits denied to him by the employer for no lawful reason or including the end-of-service benefit.

Article (3)

An employment relation is deemed to have ended without due process when:

1. The employer terminates the employment relation without complying with legally mandated procedures;

2. The worker employer terminates the employment relation without complying with legally mandated procedures;

In which cases the wronged party may initiate legal action to seek indemnification or the recovery of other rights as stipulated by the aforementioned Law governing labour relations.

Article (4)

Any and all provisions of previous ministerial decrees that are contrary to, or inconsistent with the provisions of this present decree are hereby rendered null and void.

Article (5)

This Decree shall be published in the Official Gazette and become effective on January 1, 2016.

By Saqr Ghobash, Minister of Labour
Issued in Abu Dhabi on September 27, 2015

Ministerial Decree 766: Granting of New Work Permits 

Ministerial Decree (766) of 2015 on Rules and Conditions for granting a permit to a worker for employment by a new employer.

The Minister of Labour:

Upon review of Federal Law (1) of 1972 on the mandates of ministries and the powers granted to ministers and of Federal Law (8) of 1980 and its amendments on the regulation of labour relations;

And of the Council of Ministers’ Decree (25) of 2010 on internal work permits that are granted by the Ministry of Labour to workers who are active in the labour market;

And of Decree (826) of 2005 issued by the minister of Labour on rules implementing the transfer of sponsorship;

And of Ministerial decree (707) of 2006 on terms and procedures for granting non-nationals permits to engage in employment in the UAE;

And of ministerial Decree (724) of 2006 on administrative termination of sponsorships;

And of Ministerial Decree (1186) of 2010 on the rules and conditions for granting permission to a worker whose employment relation has ended to work for a new employer;
And of Ministerial Decree (422) of 2015 on the rules and conditions governing the termination of an employment relation.

Decrees:
Article (1)

A new work permit may be granted to a worker upon the termination of the said worker’s employment relation in the following instances:

I. Term contracts

1. The term of the contract has expired and not been renewed.

2. The two parties (worker and employer) mutually consent to terminating the contract during the course of its term, provided the worker has completed a period of no less than six months with the employer; the latter provision is waived for workers that qualify for skill levels 1, 2 and 3, as per the ministry’s classification.

3. The employer initiates the termination of the employment relation, without reason of non-compliance on the part of the worker, provided the worker has completed a period of no less than six months with the employer; the latter provision is waived for workers that qualify for skill levels 1, 2 and 3, as per the ministry’s classification.

4. Either party acts unilaterally to terminate the employment relation following its renewal (irrespective of the period the worker has been in the employment of the employer and irrespective of the date of renewal) provided that:

a. The terminating party notifies the other party in writing of his/her intent to terminate the contract in accordance with the notice period that was agreed to by the two parties, not to be less than one month and not to exceed three months. If renewal of the contract occurs prior to this decree entering into effect, and the two parties had not agreed to a notice period, then the notice period shall be three months.

b. The terminating party continues to honor the contractual obligations for the duration of the notice period.

c. The terminating party indemnifies the other party in the amount that was agreed to by the two parties, not to exceed the equivalent of three months of gross wages; if renewal of the contract occurs prior to this decree entering into effect, and the two parties had not agreed to the amount of indemnification, indemnification is set at the equivalent of three months of gross wages.

II. Non-term contracts

1. The two parties (worker and employer) mutually consent to terminating the contract provided the worker has completed a period of no less than six months with the employer; the latter provision is waived for workers that qualify for skill levels 1, 2 and 3, as per the ministry’s classification.

2. One of the parties acts to terminate the contract and notifies the other party and continues to honor his/her obligations under the contract for the duration of the notice period which shall be no less than one month and no more than three months, provided the worker has completed a period of no less than six months with the employer; the latter provision is waived for workers that qualify for skill levels 1, 2 and 3, as per the ministry’s classification.

3. The employer acts to terminate the contract without reason of non-compliance by the worker, provided the worker has completed a period of no less than six months with the employer; the latter provision is waived for workers that qualify for skill levels 1, 2 and 3, as per the ministry’s classification.

III. For all contracts: term and non-term

The instances described in I- and II- of this article notwithstanding, a worker may be granted a new work permit:

1. It is determined that the employer has failed to meet his legal or contractual obligations, including but not limited to when the employer fails to pay the worker’s wages for more than 60 days.

2. When a complaint is filed by the worker against a business entity that has not provided for the worker to perform work due to its shutting down, provided an Inspection report is produced that attests that the business entity has been inactive for more than two months and the worker has reported to the Ministry during this period.

3. When a labour complaint is referred by the Ministry to the labour court, provided a final ruling in favuor of the worker is issued that attests that the worker is owed wages for no less than two months of work or indemnity for arbitrary or early termination, or any other rights that the employer has abstained from granting, or dues of end-of-service.

In all of cases described in this article, the worker must have met all conditions and requirements of the provisions of the law before being granted a new permit.

Article (2)

No new work permit shall be granted except in the cases described in Article (1)

Article (3)

All those empowered to issue new work permits to workers in educational institutions during the school year shall obtain the approval of the relevant government agencies prior to issuing such permits in accordance with the provisions of article (1) of this decree.

Article (4)

A work permit that is granted in application of this decree shall be made null and void if it is established by the ministry that information the approval of the permit was based on was falsified.

Article (5)

Ministerial Decree (1186) of 2010 on the rules and conditions for granting permission to a worker whose employment relation has ended to work for a new employer is hereby nullified, as are any texts or provisions that are contrary to provisions of this present Decree.

Article (6)

This Decree shall be published in the Official Gazette and become effective on January 1, 2016.

By Saqr Ghobash, Minister of Labour
Issued in Abu Dhabi on September 27, 2015

About Deepak 505 Articles
Deepak is a passionate blogger with interests in bitcoin, online marketing, and writing.
  • sir,
    my visa expiry date is n0v-10 in bathaka and in EID is dec-10
    which one is I follow and I found another job in UAE so I want to change my company within 20 days if I change now there is any ban?

  • Hi Deepak,

    Can you explain me the new rules which is effective by 2016, on below pls ..

    1) Bring on a 2 year contract (engineer visa) with the current employer, could we switch to a new employer ? will there be a 6 month ban for the same ?
    2) Does this new rule gives us a flexibility of changing the jobs with a proper notice period ?

    please explain

      • Thanks for the detail info Deepak, just adding to the above, have few more queries :-

        1) Presently my Engineer VISA is from Abu Dhabi (LLC firm with a 2 year contract), so if am leaving the current job with a proper notice period (60 or 90 days), will I be also asked to pay money for 45 days since I am breaking the 2 year contract ? Do we have any clause in the (current or new) labour Law ?

        2) Also, the new labour law which is in effect from JAN 2016, will override the existing contract or VISA rule? (ie VISA iussued on 2014 and 2015)?

        3) What if the company hesitant to give the NOC even if after serving the proper notice period ? Does the NOC still have a role with respect to new Labout law JAN 2016

        Appreciate your response.. Thanks ..

        • Suhan,
          1. If you break limited contract, you should pay 45 day salary.
          2. Yes, effective 2016 January
          3. Come 2016 and you may not be applicable for labour ban.

          • Hi Deepak,

            Sorry, clarifying my earlier question as below:-

            “Presently my Engineer VISA is from Abu Dhabi (LLC firm with a 2 year contract) and as per your statement my current contract will be superseded with the new Labour law JAN 2016, so if am leaving the job with a proper notice period (60 or 90 days) after Feb 2016, will I be also asked to pay money for 45 days since I am breaking the 2 year contract ? Do we have any clause in the (current or new) labour Law ”

            As per the new Labour law (JAN 2016) will I have to pay 45 days salary even if after serving the proper notice period ?
            If we are bound to pay then how it is benefiting the employees ?

            Also, will NOC from the employer will be a key going forward say after JAN 2016 ?

            Thanks as always … .Appreciate it.

      • Dear Sir,

        I heard this new Labour law ,I am a graduate of computer engineering and i have a diploma with red ribbon but i am working in a computer shop as a sales technician my visa is sales and i’m planning to quit and look for another job because i am not comfortable with my colleagues and i feel that they didn’t respect me. My question is, i will be ban if i will resign this coming 2016 even my visa is sales and i am a computer engineering graduate.

  • Hi Mr.Deepak,

    At present I am working with a compny in dubai (Sal 2500 ) visa validity Jul 2015. now I got another job in dubai (Sal 3250 )
    I am worried about 6 month ban. new compny manager said he will take care of that. any chance to remove the ban…..? give me a good reply …..

    Thanks in advance

    • Munavar,
      There could be ban.
      However, you are in luck because of your new company manager!!

  • Dear sir,

    As per New UAE labor law which is going to be implemented from 1 January 2016 , i want to know about some clarifications.

    First i will give you my Introduction, I came in UAE directly on employment visa not on visit visa.I’m an engineer i.e. holding a bachelors degree, but when i was in my home country, i submitted all documents to the company for my employment visa except my attested degree certificate copy, i failed to give the copy of my degree certificate to the company (because yet it was not attested from Ministry of Home Department and Attestation in Embassy in my home country ), so i was getting late to come here in Dubai hence my employer taken my visa on Sales Executive, and this sales executive visa based from my High school certificate (not any utilization of my Bachelor degree). So finally I came here but i was totally un aware about what happened with me.

    So the Point is now i want to change my job any how.Please help me regarding this and give me suggestions as Per This New Law.
    My questions are below.

    1) My contract is of unlimited type starting date is of March 2015, so i completed my SIX months, i want know that if suppose me and my employer mutually consent i.e. agreed to terminate the contract then is there any ban on me ? can i work for the new employer ? as per this new law can i still get the ban!!

    2) And if suppose i gave my employer one month of notice period and then terminate the contract then can i get the ban??
    i.e. suppose I’m going to change my job but my new employer not offering me that salary which is necessary to lift the ban i.e. 12000 for bachelors. suppose he is offering me 6k or 8k but still I’m not coming in salary bracket of 12000. (for any how change of job, i can still use the least way of 5000 salary bracket that means once again i have to take my visa on high school certificate but i don’t want to use this way because i still not getting my degree benefits then why i completed my engineering, it will be all waste of my education, time, money etc ). its true that i made mistakes but now please help me out. and give me suggestions by considering all this new laws etc.

    3) As stated in the Article of new Law, these laws going to implement from 1 January 2015, so will it be applicable to all workers and employers or those who are making their contract after 1 January 2016 ??
    will these laws applicable to me, all?

    4) what is the concept of NOC from current employer?

    Please Please clarify me and give me suggestions, sorry for the length.
    thank you.

  • SIR I need clarification on that whether engineers can have ban?

    I am working in a LLC comapny in sharjah since february 2015… now after 8 month I want to cancel the visa will there be any ban on me? i am chemical engineer & my degree is attested by UAE Embassy and i am on manufacturing engineer visa plus my salary is 3500 plus residence & transport.

  • Hi Mr Deepak,

    Is this labor law also implement in Free Zones in UAE (Hamriyah Free Zone Sharjah). but there is not any Ministry of Labor office in this Free Zone. I am in the Free Zone company since one and half year but the company did not make stamp on passport or ID but i have this free zone visa. Please give me advise.

    With regard,

    M Umair Afzal

  • Sir;
    The company I’m working with is unstable right now, in my offer letter they said accommodation is provided, after few months they deduct accommodation charge, also I’m degree holder however my position is cleaning worker, while my duty is shop in-charge/cashier.. Now I’m confused if I will render my resignation after January 2016 what will be the consequence..

  • With due respect sir
    Kindly clarify if it will be possible to change job as from Jan 2016 without the usual 6month ban.

    Thanks in advance

  • Helo sir i want to know that graduation means 14 years education or any other? I have 2 year cntract iam graduate but cmpny has my intermediate certificate so if i cancel after 6 months in which catagery i fall will i ban or not.thanks

  • Dear sir,
    I am working in a private pharmacy as cashier on limited contract and i have a degree of pharmacy.On joining this job the boss gave me commitment to be promoted me as pharmacist when i pass MOH exam.
    Now i passed exam but the boss excused me that i have no vacant position and i shall wait till vacancy which may take 2 years or more.He also gave me option to continue on same salary with promotion as pharmacist which is only timing waistage.Now i want to join other pharmacy.Will i face labour ban? If ban imposed,can it be removed?please guide me.

  • Hi, I just joined a company and its been 30 days…but there are lot of issues which I was unaware in my current company such as he will mot pay salary on time, he doesn’t respect the employees, he took my passport, etc . So, if I want to change my job…what is the possibility of ban? I am diploma candidate and my current salary is 5000 dirhams. Please advise the right approach.

  • Sir,

    My current company closed because of bankrupcy. I already got a new job however the cannot process my visa because they found out that I have a ban. I went to tasheel and process to lift my ban. Do you have any Idea if tf can be lifted and how many days will I wait for the ban to lifted?

  • Dear Sir, I work with a security company and am getting 1782And. If I get a security company in a free zone which pays 2500AED Can I still be banned?

    • Kiyini,
      Depends on which free zone as certain free zones do consider whether you have labour ban or not.

  • Hi Deepak,

    I have a MBA certificate. Can you please clarify the procedure of not having a labour ban after Jan 2016? I know the certificate should be attested other than that ids there a specific salary for the new job ?

  • dear sir,
    i am working in a food company in abu dhabi from last 21 months and now owner is closing the company on 5/10/2015 , but he is not giving NOC and not paying our gratuity and leave salaries as per the labor rule if company is closing so can we get new job without an NOC?
    if we can not change without an NOC so what we should do please reply as soon as possible.
    Thanks.

    • Hroon,
      You should be paid gratuity and leave salaries. However, NOC is up to company.
      If MOL knows that the company closed, then they may not impose labour ban.

  • Dear Sir,
    Please can you help me to understand the new labor rule easily or can you share the common benefits of new rule for normal workers in UAE?

  • Hi Deepak,
    I have a 2 year limited contract .My visa has designation as “computer programmer”.
    I am a engineering degree holder. Had done the attestation of my degree as well. But am not sure if my company had taken a copy of this attested degree. As they wanted to reduce the visa cost etc by giving the “computer programmer” designation. Where as some of my colleagues have a different designation ” computer engineer”!!
    Will the new visa rules for me same as my colleagues? Especially interms of automatic ban.

    • Phanidra,
      I don’t think new rules will affect. They are not dependent on designation but on qualification!!

  • hello, I want to find out about exit. if you change job,can you exit? this new labour law remove exit.

    • Hyacinth,
      You could exit, yes. Nothing such things mentioned in new labour law. But you can already change status when inside the country if you have entry permit.

  • Dear Mr,Deepak,

    I am currently working in humriya freezone visa, i was not happy with the job soni put my resignation paper on 8th of August and I stopped working from 10th September, i was following up with my office for cancelation & my cancelation was done on 22nd September,now i am still in dubai bcoz he is not handover my passport and ticket,and he is not replying any of my mails and phone calls.
    Now i came to know that he is putting some permanent band only bcoz he is not happy that i quit.
    He is blaming me for unwanted things,which i never did.
    I already get a new job but now if he put any banned i will be in trouble.
    So can you please guide me how to grt rid of this.

  • Dear Deepak,

    If I already have a labour ban of 1 year will it be canceled automatically in Jan 2016?

    Thanks,
    Zorana

  • Hello Deepak hope all is well, I worked 8 months and I resigned some problem because long time work till to 13 hours work a day no over time, resigned on 25 June 2015 but our contract 2 years from MOL common contract, I did not know it was limited contract or unlimited, any way how many Months may I got ban? if ban can I get job before completion my ban period?
    thanks

  • Sir,
    thanks for guideline for all, am joing new job before 7 months with unlimited contract,mentioned on offer latter that if am failed to do accountant job i will pay the visa expenses ….and working daily 8 hours but now am working 10 to 12 hours daily . could you please tell me what can i do ? if am resign he will demand for visa expenses?

    becuase behavior of owner is not good so that reason am want to leave this job, am completed in last company 2 year and visa issued on my bachelor degree ,& ban imposed??

    Please send me reply on email

  • Hai sir,
    I am working as an accountant one of the group company , on visa my designation is archive clerk , now employer is not ready to change my designation and not ready increase my salary as well .. So I would like to join other company after January 2016 … My degree certificate got attested already and I am CA inter qualified … By January 2016 I will finish one year in this company .. Do I get I ban incase if I change ?
    Do I pay visa charges ?

  • Dear Sir,
    I work under a company as car wash for the period of nine months with salaries of 900dirham, have secure another job which there ready to be paying me the sun of 3000dirham,do I need to pay my company 45days salary and will I face any ban?

  • Hi Deepak,

    I work for almost 6 months in LLC company. We face some salary issue’s, overtime issue’s, discrimination, no payslip given away and problem for some of my colleague request their vacation and without giving gratuity. During signing of contract in my home land, my employer provide their ”contract” which is stated as ”Contract Specimen”. Our passport is with the employer too. This new MOL law w/c will be release by January 2016, can we file also a case for this certain problem I mentioned above? Some of the staff telling that if we will file case to MOL, they will ignore it because my employer has a power to pay the ”person” from MOL. Are you guys, aware of that? We’re afraid if we will file a case and afterwards, at the end of the day we are defeated. Because if we will find another job, our passport still with them, they will hold us for a couple of months. Kindly advise us of what move we can do. Thank you so much! for spreading this new MOL law.

    Regards,

    Light

    • Light,
      If you feel that your rights are violated, you could file a complaint with the MOL.
      First you should consult with the MOL officer and get opinion about your questions.
      From what you have mentioned, it seems that your employer has violated many rules of MOL.

  • Hey Deepak,

    i just had one question if a company does unlawful termination (reducing staff) am i entitled to 3 months salary. also will i be facing any ban even if they terminate me? my bachelors degree is still not completed. and my high school diploma is not attested.

    Thanks
    Regards

  • Hi Mr.Dipak

    My name is Binod karki.
    I think my company going to do bad thing to me.

    I’m working 3 years the LLC company. My joing date is 25/8/2012 until now 12/10/2015 I was working here.
    Until now. I renew my visa and I didn’t took any vacation.untill now.

    My basic salary is :-1000 dhs.
    For the room:-500dhs
    Orther:-2000dhs
    I got every month 3500dhs. I didn’t took any vacation in this 3 years.
    before 3 month ago I give them my vacation pepper, I fix already my ticket this Saturday 17/10/2015.

    Now today 11/10/2015 my H.R talk with me and he told me that;- he fix my vacation money 4500 dhs. It’s mean my (basic+ room)* 3 ….i didn’t accept that. How they can do that,,, Orther company where my friends is working they going to paid all salary. It’s mean if they have 3500 all then there company paid 3500*3=10500dhs if they take vacation after 3 yer.

    My problem is now I have a 4days balance, then they told me as per labor role;- vacation money calculat by your basic,+ room rent.

    then I said “before staff who take the vacation,they get the all vacation salary,, not the basic.”
    That time my HR told me that-“” labor role change before 3month ago.””

    I don’t know what to do,
    I need some advice from your side.
    I don’t have a that’s much time also…

    My mobile number is:-0502089447.
    Or send me some advice in email:- [email protected].

    • Binod,
      If they have said that labor rule changed, let them show you the document as proof.
      Leave salary should be paid as per the current salary.

  • Dear Sir,

    I completed 3 years in my current company. Now i have a job opportunity to another company.My visa is unlimited contract but my notice period 3 months from employee and 1 month from employer. Actual problem i am facing the new company will not wait for me three months.

    Please give me advise and i appreciate you kind reply.

    • Baachen,
      You could negotiate with your current company about notice period.
      But since you have signed the contract, you must adhere to it.

  • Hi Mr. Deepak,

    I would like to ask for your advise about my situation. I am under a limited contract for 2 years. Employed 7th July 2014. I have taken my DHA Nursing Licensure Exam last August and luckily I passed the exam. Hence, I am eligible to have a Nurse job here in Dubai. Actually on large demand of Nurses job here in Dubai. One employer wants me to join there company under a Freezone Visa. I want to resign to my current company to grab my new career opportunity. What will be the corresponding sanctions/ban if I do so? How long is the notice period that I should give my current company? Am I allowed accordingly to the current labour law to resign under a limited contract(2 years)?

    Hope to hear from you at the soonest.

  • Hi Mr. Deepak,

    I have a query. I was employed here in UAE last May 2015 as Accounts Executive in a small insurance brokerage firm. Office Clerk General on the visa However, due to the quality requirement of the management they decided not to continue my service on the company until 31st October 2015. I am under a unlimited, I have a attested college degree. Will I face some ban after getting terminated? Should my current company give something as per law on terminating me?

    Regards,
    Josef

  • Hi. Am working in a company has cleaner and am about to clock a year now in the company by February. My plan is to get another better job after a year. Pls with the new labour law is it possible for me to get another company after one year. Their will be No ban?

    • Emma,
      It will depend on your Category whether 1, 2 or 3 which I think is for Graduates, professionals, technical qualified.
      If you belong to any such category, you could change jobs.

  • Hi Deepak!

    My situation is this. I am a nurse. I am under unlimited contract and been working for 1 year & 11 months now. I have submitted my notice letter to my company last Oct.1 and will be effective Nov.13,2015 since my labour card will expire on that date. My employer took all my IDs including my passport for early cancellation. Yesterday (Wed, 14/10), she gave me the cancellation paper and let me sign it to proceed. My questions are:

    1. Is it ok to cancel my labour card/contract/visa before the expiration date of my labour card/contract/visa?

    2. Will I be facing a ban since she cancelled it earlier?

    3. What are the benefits that I am going to receive after cancellation under unlimited contract?

    4. My employer told me that she’s not going to give me a ban. Is that true or still depends on MOL?

    5. And she also took my offer letter from the new company cause she said she will process the release paper and give it to me after. Is that possible? Or it is still depends on the Ministry of Labour?

    Please answer all my questions Sir. Thanks in advance!

    • Joy,
      1. I don’t see any problems there!
      2. Usually professionals do not face ban. But it is better to check with MOL.
      3. You will get gratuity, leave salary if any.
      4. That is mentioned in the cancellation letter.
      5. She need not have the new company offer letter.

  • I’m working a restaurant I want to know this coming 2016 all limited and unlimited no have ban January me coming 1year mg home if I will change work no have

  • Hi Deepak,
    If my employer puts an 1 year ban on me so would that also include immigration ban?
    can i enter UAE on visit visa?

  • Hi Deepak,,

    Actually i already read new labor law 2016.but still i confused with one thing. im working as a draftsman since last February,still 9 months.i want to shift a new company..i ‘m shifting in 2016 is there no labor ban?

    Thank you..

  • Dear depak … i came dubai as a companyLLC nurse in dubai with basis of empolyment visa . I have singed job offer letter in india .. i have worked 32 days then resigned from job . Company given to me cancellation letter . In that no ban mentioned . I did not done medical and visa stamping my passport . May i get six month ban ??

  • Hi deepak

    I am working in UAE since October 2014 and completed year now on 2 years employment visa . I am planning to change job in February 2016 before completion of 2 yrs . So as per new labor rules I ll not get a ban even if my new salary is less than 12000 aed ? I am a bachelor degree holder and attested by embassy . Pls advise . Highly appreciate your help

  • hi deepak

    i am a bachelors deegre holder bs in nursing but i’m working as a salesman in small supermarket and i want to resign because we dont have dayoff everyday we need to work because he dont allow us to take a dayoff and also because of the low salary 1500dh only no benefits. my question are
    1.if i resign now will i face ban or if i wait until jan 2016 i will not have ban or still the is applicable. my contract ends on june 2016

    2. what action can i make about the dayoff that we never had eversince we start work here.

    by the way we change our boss this last september because my old boss sell his shop to our new boss now, he said he will not also give dayoff like my old boss,
    also vacation we did’t take we not receive any payment for that vacation.

  • Hi, Mr.deepak, iam working in a sign board company and I complete 14months of my two years contract period and visa ending is 2oct’16. If I resigned my job can I imposed for 6months ban. How to avoid the ban. Now I search better job and if I will get any new job offer its (ban) affect for that. Please reply me what do now.

  • Hi deepak
    Just a quick one again pls .
    Article is quite confusing . My next job salary will be aed 8000 and I am bachelor degree holder . Will I get a ban or not ? I am leaving the current job after serving 15 months . Kindly advise

    • iaam a civil engineer and i have unlimitted contract with my company.i passed one year in my company i want to change my visa to another company on 1st january 2015. i need 12000 aggreement for visa change according to new mol law.

  • sir,
    I am working private sector in Abu dhai. 6 months finished in provatioin period.there accommodation, transportaion,salaries issues. i m logistics professional. so i want to change job in free zone companies.
    Any ban for coming? give me reply asap.

  • HI mr, deepak

    I am a graduate of four years, bachelor of science in commerce, my certificate is attested by the department of foriegn affairs, but my work here in uae is a driver. i have already six month working in my company. My question is, if I want to transfer to other company nextyear with the same job. Do i get a banned?

  • hi sir..my contract is unlimited ,bEfore eleven months i resign…so i pay all the cost of cmpny like visa ,ids ,health card ,insurance card etc…. the total is 5300 then they compute so that all i pay 2865..bcoz they said if im not pay they calling police…(so that i’ll pay) .that time they wants to cancel my visa bcoz i already paid the compny…but they cannt cancel me coz i already file complaint in MOL…they wants i remove my complaint in MOL so that they can process my cancellation…but they dont want to give my passport,..company rights to keep my passport?even i pay what they wants…bcause she said company policy law of labour, law of goventment ,…they wants to give only once i leave uae.pls advice me this.i continue my complaint to MOL or i cancel??should i pay all the cost?i can take my passport ?

  • Thanks Sir for guiding me with so quick response. but here i want to clarify that currently i am working on a labour visa(cashier) and i want change to a professional visa(pharmacist),so in this case is there any ban or other conditions? Someone told me that you can change visa only to same position(cashier not a professional(pharmacist) otherwise you may face ban and salary limit must not less than 4000. Is it true?
    My degree is already attested from ambessy. Please guide me.

  • Hi sir,
    I came here on may 17 2015 , my uncel bought me here through his supply company visa and visa also stampd but am graduated in bca , I am planing to join in other company ,is labour ban is lifting from jan 1 2016.

    Thanks

  • Sir
    I have come dubai in sept 2015 n m B.Sc but my documents are attested upto class 12 if I try to another job after six months will there be any labour band .

  • Myself Rohan, MBA graduate and I am working in UAE from 1.6 years and my visa is stamped with designation of “General accountant” although offer letter says “Senior Accountant” and the contract is Unlimited and my current salary is AED 7,000.
    Now I have a new offer with me and the joining date will be on 1st week of December for the salary of AED 9,500 and the designation will be Admin Assistant . Can you please confirm the applicability of Labor Ban and is there any way the ban can be lifted ?

  • Dear sir

    I am working in private medical clinc. My profession is massengor as per the visa and labour contract but i am working as cleaner and office boy. I really fed up but i have to do. Now i complete one year for end of octomber 2015.

    I dont like to work here i felt it after two month but i am scared for ban. My salory basic 1000 and 500 allowance in AED. It is not enough for living in dubai but they promiced me verbally after 6 month they can increase salory. But so far nothing. I agrees with them two offices ( 16 room) to clean but now the expand their business and i have to do clean another new office and ( 07 extra room)

    So i want to scape from here. Please advice me according to the law. Should i wait for january 2016 or can i do it now.It will be big help for me.

    Thanks.