Lifting 6 month Labour Ban in UAE:
“How to lift labour ban?” is the most often asked question on Emirates Diary. Given that there are numerous possibilities depending on the nature of your contract, there are many different possibilities. In this article I will write about how to lift labour ban if you are Unlimited Contract and you have resigned before completing 1 year of service.
Scenario:
- Contract Type: Unlimited Contract.
- Employment Duration: Less than 1 year
- Qualification: MBA
In the above scenario, you will automatically face 6 month labour ban
from the Ministry of Labour if your employer requests to impose labour ban. If you have a labour ban, the MOL will not process your Labour Approval and your visa will not be processed as a result of this. This means that you will not be able to join a new company, if you have a labour ban.
However, there are exceptions here. Your new employer may be able to lift the ban if they make efforts to follow the rules laid out. Under the Ministerial Resolution No 1186 of 2010, MOL clearly mentions the Rules and Conditions of granting a New Work Permit to an Employee after Termination of the Work Relationship in Order to Move from One Establishment to another. For this to take place, following conditions must be met:
Article 2 of Ministerial Resolution 1186 of 2010
- There must be an Agreement between the employee and the employer to terminate the employment;
- The employee must have spent at least 2 years in employment with the employer.
However, the above does not suit our scenario, in which the employee has worked less than 1 year with the employer!! Is there a solution here??
Yes, there is…..Read on!
The same Ministerial Resolution (1186 of 2010) further mentions the labour ban can be lifted if the professional qualifies the salary requirement. Article 4 of Ministerial Resolution provides for exception to Article 2.
The employee who has not completed 2 years of service may be exempted in following cases, as per Article 4, Ministerial Resolution 2010.
- Based on the Professional Levels (Skill Levels), if salary of Dhs.12,000, Dhs.7,000 and Dhs.5,000 is offered respectively to Professional Level 1, Level 2 & Level 3, the labour ban will be lifted.
Thus in our above Scenario, since the employee is MBA (Post Graduate) and if the person gets offered new salary of Dhs.12,000, the labour ban can be lifted.
Download the Ministerial Resolution 1186 (2010)
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It should be date of joining.
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You will have to serve notice period and ban will be as per skill leveland contract type and your new offer.
Read how to avoid labour ban.
Thank you. I’ll consult above links mentioned by you.
Hi sir..please give me advice.I’m working in my last company almost 1year ang 4 months..unlimited contract.then we complain in labor our company because they didn’t give the exact amount of our salary also we dont have life insurance..and our company wins in our complain.they give us 6 months ban.also 6 months from labor..how can we remove that..thank you..
Hi, Im working in the company for 8 months under limited contract. I resigned already and finished my 30 days notice period and waiting for my cancellation. But unfortunately my manager informed me that company will give ban to me. My offer in the new company is 5000 3rd level in uae labour law. My ban could be lift? Please advice.
I believe you may not face labour ban, but please refer to MOHRE/MOL.
Hi sir, im currently employed now for 6 months, still under probationary period but, im still waiting for my labour card and my residence visa. Can i still cancel my contract with them?.Do i need to sent resignation and how many days do i need to comply.?
Thanks and best regards.Jhen
Throughout the probationary period, the contract can be cancelled. And usually it would be 30 days.However it will depend upon the complexity of your work and what is mentioned in your contract (if any).
Hi sir i am current employ at abudhabi. now getting job opportunity from others. but its my second revewal and my contract is limited.they renewed my contract again 2 yrs.stil i have one more 11months left. if i put resignation they are asking for 3 months notice period which i cant wait.so can you give me some solution for this. thanku.
if it is a limited contract,sorry you cannot.You will have to wait till the expiry of your contract.If you want to know more and to find a loophole in your contract (if any),feel free to contact me,
0543273073- fazil
The 6 month labor ban is not good but as the rules its good for the discipline of UAE.
Sir I want to start small general trading shop in Uae which city is cheap for licences an how can I apply for it an to know more about procedure please give some idead
the free zone in Ras al khaima is good for your type .