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:
- Ministerial Decree 764: Standard Work Contracts
- Ministerial Decree 765: Termination of Limited Contract and Unlimited Contract
- 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
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Hello, I am previously working and would like to go back too my Country of Japan. What should I do? Ihave a visa and need to go back to University.
I got a offer letter of 8000 AED from a company. Now company send me MOL contract for sign. But there is salary diffrence between Offer letter & MOL contract. In MoL contract only 5000 AED Salary mentioned. Company PRO told me that they will revise the contract after visa approval. I need suggestion what to do ?
Sir is it possible to change work after six months, that is if the work is too hard for you?
HI DEEPAK
I my 03 years diploma and now i am going to join a company as a fresh new employee with a very low package. The employer told me verbally that they want to check my progress for six months after completing this period they will raised my salary. They also told me that (verbally) if after six months I was not satisfy, I can leave the company. So now I am very confused please tell me what I should do ? If after these six months I want to leave the company will i get ban ? or will I be effected by other charges ? please reply and assist for my good future.
Thanks a lot
Dear sir,
Hey my company has going to down and they have informed us verbally that look for another job in October till now they haven’t paid my salary months of March and April 2016 not giving, and confirmation n visa cancellation, they send me a long leave last April without my paid salary, please suggest me what can I do.
Good day,
I gave my resignation letter and give them 30days notice or my resignation but my boss refure to accept my resignation letter,
And after 3days he canceled my labor and visa and still he cant me to work for him in my 30days grace period here in uae and he told me hes not going to give my passport and cancelation papers until i go to exit, what should i do?
Hello sir I am SALMAN KHAN from Abu Dhabi sir I joining this new company 3 month before and my argument is unlimited and now I m leaving this company. Sir now I can do changing my visa here.thanks
Iam working in Abu Dhabi.My current proffesion in visa is sales.So i need to change the proffession.Can I change it any time or only at visa renewal time ???
Dear Deepak,
Actually i came to home country on leave but unfortunately due to some family problem i did not able to return back within six months then i have forward the resignation to my current employer now more than 7 months is passed since my last exit from you UAE.
I am having the safety officer visa that is shown now on website is invalid for travelling purposes.
I have a professional Engineering degree that is attested by UAE Embassy.
Now due to visa invalid can i apply for the visit visa.
Please guide me in this regard.
From
shahid
Dear sir,
I am working in Dubai last more than 2 1/2 years. I am renewed my visa Jan 18 2016. (Two years contract). But now my mother getting serious position. I want cancel and I want to go to india. But my company told it is not possible to cancel visa. Now u can go to India then after 4 months my company will send cancelation like that told my company. But I am thinking I want cancel my visa here than I am going to India. They are forcing for not cancelation. Kindly advice sir.
Same problem arising for me.they say you go to home country for 6 months oor more otherwise your visa automatically cancelled .
Its problem for me
Hi I just want to ask about my cancellation of visa..Do I have 1 month duration to stay?
Hi. Good day.Can the company i work just remove my living allowance because of cost cutting? It is stated on the employment offer and labor contract that i receive monthly living allowance.
Thanks very much
PLEASE AM A NIGERIAN WORKING IN DUBAI AND I HAVE SPENT 5MONTHS.
WHEN IS IT ALLOWED UNDER UAE LABOUR LAW TO TRAVEL OUT (thats i wish to go visit by family In my country).
THank you
i m joiend a company last 3months now i cancel my visa then i join new company without in/out?kindly its about infam&help me thnkas all of you
My question is if ever my contract is finish in 2yrs. But my employer doesn’t release he want to go back in my country. For find another job. What will i do?? I have a right or no???
Sir
Am a diploma holder. Now am working in a restaurant named as a waiter….
Sir my duty timing is 14 hour no weekly or monthly off . No overtime no insurace . on duty time me facing more problm from my arbab.
My visa stamped on April 1 2016.
Now I would like to change my company.. One waiter job ready in a 4 star hotel…
Is it possible to cancel my visa before 6 month. .. is there any ban. Because am new in dubai…
Pls help me sir… now am here working same like as arbab dog… pls reply me sir
Hi sir I am working in dubai last three month. I joined in april 2016. I have completed MBA and unlimited contract. If my employer terminate me within six month ban it will be or not?how to avoid ban I am a sales executive
Hi sir I am working in dubai last three month. I joined in april 2016. I have completed MBA and unlimited contract. If my employer terminate me within six month ban it will be or not?
Hello gudeve mr. Deepak
My question is if ever my contract is finish in 2yrs. But my employer dosn’t release he want to go back in my country. For find another job. What will i do?? I have a right or no???
I am a post Graduate in Engineering. I have joined a company for two months as Administrator supervisor, my contract is unlimited time period and now the company want me to get resigned, my question is, will I get ban if I follow 1 month notice period as per the new law.
Please answer and guide me.
Hi,
What if our initial contract stated ine month notice period when resign then later hr makes employees sign an amendment ( not clearly stating that notice period is now 2 months) , then upon resignation they tell employees that since younsign the amendment you have to give 2 months notice.!!!
Helo. Am henry from uganda and i came ti work with emirates taxi as a taxi driver. Am asking are the visas they send to us to come here for free from the government ao we pay for them?? Because we live our countries when we have sold everyrhing to pay for the visas yet these companies keep on intimidating us to send us bak hom yet they are the ones that made us sell all our belongings at home.
dear respected sir.
now I am work in dubai one food company now I am complete my 6 month in this company . I want to going another new company in dubai. I am clear my intermediate lavel. sir can I go another company for another job.
dear sir,
I heard this new Labour law ,I am a graduate person and i am working as a accounting clerk in transport company abu dhabi and i want to left this company and look for another job because they provide me a ordinary labor visa. My contract is unlimited and My visa is already stamp in passport now 18 June,2016. My question is this,”i have a ban if i will cancel this company According to the new Labour Law or i need to work 6 month is this company after that i can cancel this company and i am a graduate person.
My name is Abdul Noor from India . I am working in the visa of limited 2 years contract as Messenger working as Sales executive. My probation period is 3 month . finished 2 month running 3 month . I am not quite satisfied by the management i have finished medical. Apply Emirates I’d but still M not getting till now. N ask me to more than 8 hour and now ramdhan also ask me to work than 8 hour in other ways also .
Now I want to left this job or cancelled this job in this probation period.
So pliz let me know the consequences loss or profit I want to left the job .
Hello Deepak !
I am a doctor, working in a private hospital (in Abudhabi emirates ) for last 23 years.
I have Limited contract – which says “should either party desire to terminate the renewed contract, such party shall notify other party within ONE month prior to date of termination. Such period shall be similar to both parties. Both parties have agreed that the termination wage to be paid by terminating party to other party shall be equivalent to the value of worker’s total wage in ONE month. Such wage shall be similar to both parties.
I am planning to terminate my contract and joining another hospital.
Can my employer put ONE YEAR BAN on me ?
Will i have to pay 3 months salary ? (though in contract its mentioned one months salary)
Thanks and Regards.
hi dipak
I worked in American sence from 45day if I got another job can I apply this or not
Dear Sir ,
Hello , my company has closed down and they have informed us verbally that look for another opportunity in March, till now they haven’t paid our salary and not giving any confirmation n visa cancellation . the problem is owner also not present here .
please suggest me what I can do ,
Hi, pls am a maid in a house for the past 1year and 2month, but the job is too hard for me, I want to quit, what can I do.
Dear Sir
I am working dubai based company from (2015 mar) to till now .My company Proved only contract document, Labor card .my company did’n stamp my ascendancy Visa .Now i like to leave this company .Who paid the over stay fine me or my company. pleas help .
Hi i want to ask because my c0ntract to my employer is 1year i finish this c0ming m0nth of july if i want to go 0n vacation but my employer said after 2year thats n0t right and he wants me to reniew my c0ntract this c0ming june but they dont want to give my vacati0n this c0ming august. . .what do i need to do?
dear deepak,
I need your advice on this
I have received an offer from other company and based on that I have resigned from my current organisation and I hv received the cancel letter too from labour..
My new organisation hv offers me salary of 6500aed and they doesn’t want me to exit uae and they have send me job offer letter employment contract were my total salary mentioned is 3500aed.
when I cross checked that they have informed it’s typing wrong and asking me to sign the contract to get working permit approval from labour and later they will change the salary in the contract and also informed this just an offer letter not the contract..
can u please advice me on this asap so that I can take decision
Regards,
Vipin
Dear Sir,
I am Ijas Muhammed, I am working in company as a Store Keeper, with two month only,,,,,,,,,,,
Here working time is 6am to 5 pm no day off. But Here management every month signed by me we working 8 Hrs with all Friday off like this, Here food is very bad. I think they give us DOG FOOD.
I am join here 2016 first, i complaint to our management. But he is no response. My qualification is Master of Commerce. If he is no take decision for favorable to us-
Can i change my job to other company any problem?
Now am only finish 3 mo0nth………….. This company not take favorable decision to labour.
What i doing?
Can i change my job ?
Hi..
I have sponsor visa & they gave NOC for different outsourced company for part time work permit for me. But that outsourced co. is in loss & not paying the salary to staffs after requesting them repeatedly also..
No other ladies are present in Co. except me & I have to travel daily from far place both in morning & evening as its in industrial area. All others are provided with accommodation. but salary is pending for all the staffs.
No one is replying for the issues of salary / any other matters.
So, in the beginning itself I have told that if I get good offer I might leave as I have got NOC from my visa sponsor.
They too agreed & gave me permission any time i can move if i get other offer.
Now, I got another good offer; So i have requested them to cancel the temporary work permit. PRO keeps on telling me that he has cancelled the work permit. But typist says that in the system its still active.
But nobody from that office is bothering to cancel…whenever I call they simply says we will call you back. but till now didnt get any reply. They still didnt even pay the pending 2 months salary.
Pls guide me how can I proceed..
Thanks ..
Dear Mr. Deepak,
For Govt. Holidays how much percentage we have to pay overtime to workers (also such overtime will be on basic pay or total salary). Please reply me on which Article its mentioned.
Also if any one going for annual leave and if any govt holidays falls between that leave can be carry forward or not.
Regards,
Nikhil
Dear Sir,
I am working a Reputed construction company at Dubai. we are about 3000 employees.
After my visa renewal on october2015 Dubai to Abu dhabi visa ( transfer) I have not yet received my three months salaray so far ( JAN, FEB, MARCH).My visa is Abu dhabi now.Some of us they got January salary and some of us February salary also.
I have already open an account at Dubai Islamic Bank by company.But my company not yet credited my salary to above bank. I already one compliant to Mol. by phone and they gave compliant reference no also last week. Now what can i do in future? Please advise me this mattar.
Dear Sir
I am working with one of the hotel in Dubai and now the hotel is telling me to stop the duty because of no any reason . as per them they are doing cost cut because of less business. So in such situation do I get any compensation from the hotel.
Dear deepak sir….
i heared about new labour law. I came here abudhabi from pakistan 15th nov 2015. I have a private driver visa meAns i m a driver in home. after i came here i got a ltv lincese since 2 and half months i m working here as a private driver in arabic house they bought me from pakistan on private drver visa. Sir i have a qualification of 10 + 3 year civil engineering diploma and also now i have a lincese . My salary is 1200 drh . Ow sir i dont work here as a driver i have a apportunaty an other company so can i cancelled my visa without ban coz my sponsor does nt want cancelled my visa i f i go he will ban me life time i have a 2 year contract with him so now what should i do. sir i dont know any thing i m new here so how can i cancelled my visa from here………
Dear Mr. Deepak,
I have an unlimited contract with the company since 2005 and I have changed my visa status (2 years ago) from company to husband’s visa in which my visa is applicable to 3 years but my company issued only 2 years thus the need to renew my labour application. Now upon renewal with labour, our company changed some conditions for the following:
1. “such party shall notify the other party of such desire within (3 months) prior to the determined date of termination.”
2. “not allowed to work with competitive company for 2 years from the date of cancellation”
Is this applicable to the new UAE labor law supposing I have an existing contract and not as a new employee? Also, what if I don’t agree with the new conditions and refuse to sign the document?
I believe the basis here is my initial contract with the company which is applicable to a minimum of 30 days notice of termination only not 3 months.
Your advise herewith would be deeply appreciated.
Thanks in advance.
Good Day Sir Deepak,
Thank u Ministey of Labor for this opportunity. .Im a cleaner in employment visa and finished my 2 years contract and had my cancellation..i gone back to my country. My brother tried to apply visit visa for me but agency told him it is not possible for a cleaner like me to get bisit visa again.we want to know it is true why and how can i go back again to dubai is there any possibilities. .i will wait for your reply and thank u so much.May God bless u more.
Good Day Sir Deepak,
First i would like to thank u and Labor Department for such this great opportunity as this.
Im a cleaner and finish my 2 years contract so the company cancelled me. I gone back to my country.My brother tried to apply for visit visa but when he went to the agency in Dubai..they told that it is not possible for me to get visit visa again. We just want to know why and how can i come back again to Dubai.thank u so much
hello sir
I work as the security guard in fujairah
they said they will terminates
me
my complain to the supervisor was my co-worker threatens me to kill at night the night
so i said i can’t work with him
they didn’t listen to me and terminate myself
isn’t it crazy?
what should I do I’m in shocked
Respected Deepak .. I worked for unlimited contract. Thank u!
Hi sir! I am an Electronics Engineer. I am currently hired in Electronics Workshop for almost 4 months with 1500 hundreds salary plus 2% commission which iz almost nil .i am working with him on the achieved clerk visa… I am planning to resign sir to practise my degree. My queation sir is do i have a ban if ever i resigned now? And should i have to pay my company for the expenses they spent for my visa and will face a 6 months ban or not?? i have attested my degree from UAE embassy… I read some of your artucle regarding of this and also your refernce law but i want to know also the accurate law for this. Thank u and more power to you sir!!
hi sir,
my visa was already cancelled last February 14 because my company already close due to some reasons,now i have to stay here in dubai until March 13 only, but i have offer from my previous employer what will i do now?
Sir, One Employee went his vacation and he has applied his leave till Thursday now he is going to joining Saturday,so how we do his salary calculation either from joining date Means Saturday or Friday on wards?
Sir,
The labors are resigned for job . They have 1.6 years of service in LLC company in Dubai. What all emoluments they get from Company. Tickets, Gratuity etc is necessary if they resigned before end of Contract . The Contract is for 2 years.
Hello Sir Deepak! My visa will end n 23rd February 2016. They told me they will renew my visa but our company license is expired. They told me I dont need to worry as they will renew my visa and will not cancel it.
I give my passport to them. They are telling me there are 2 types of cancellation: one for labor and one for Immigration. They still have not paid me for my partial salary in December 2015 and up to present. I have unused 1 month vacation leave, and pending commissions since last June 2015.
I am confused. Please enlighten me on how will i deal with it.
Hi i have engineer visa and would like to to cancel and exit 14months over- unlimited contract, can I come back after getting new job? Company may take visit visa on my passport by travel agent, How can I left this visit visa to get new employment visa?
hi mr deepak,
i complaint my employer and terminate my contract for not giving me off and working 12 hours a day .my contract is unlimitted and my case is underprocess..should i face a ban after this
Respected sir.. I worked for unlimited contra
Hi sir! I am an Electronics Engineer. I am currently hired in Electronics Workshop for almost 4 months with 1500 hundreds salary plus 2% commission which iz almost nil .i am working with him on the achieved clerk visa… I am planning to resign sir to practise my degree. My queation sir is do i have a ban if ever i resigned now? And should i have to pay my company for the expenses they spent for my visa and will face a 6 months ban or not?? I have not attested my degree from UAE embassay… I read some of your artucle regarding of this and also your refernce law but i want to know also the accurate law for this. Thank u and more power to you sir!!
ct. Thank u!
Sir,
For the purpose of applying residence visa for my wife, I requested for updating my salary in labour contract on last week. My visa already renewed on last month. But now I heard that, Ministry of Labour is not modifying any more labour contracts. As per the typing centre person, modification of salary in labour contract will allow only in the time of visa renewal and the option for modification in MOL is temperorily disabled. Kindly give clarification for the same. If there is any such rule, How can I change my salary in Labour contract? How long it will take to change this?
Thanks
SHABEER MOHAMED
Kindly reply me to my previous msg
Hi deepak
I m going to cancl my vza thia month january. I work 1 year and 3 month this co.
My contract is unlimited.
Plz tell me is there any ban on me. R can i change my job without any requirements likr salery etc.
Thanks
Zahid
Sir I only work for my company for 1month and I wanted to leave my contract is unlimited my visa states that Im a waiter. I will have ban if I leave or resign?
Hi I have my work now but definitely I have a demotivational environment. I’m a college degree holder and I don’t have a residence visa but I have a employment visa and also I have my passport as well I will face ban if I leave the company?
Dear Sir,
i am currently work in company as data entry operator, my education is MBA and document are attested from uae embassy. if i changed the job the ban will imposed on me or not please tell me.
any ban after file a resignation and going back on my country, if i was decided to come back after a month, are they going to give me ban?
Hi Deepak,
I am not sure if this is relevant to what is being discussed in the thread now, however, I need your expertise on this. My employer has started to process my labor permit already, i just dont know what stage they’ve been. When I checked my labor information online, it says ” Request already pending for printing with the Tas’Heel enabled typing center.” Now I decided not to continue working with them and informed them about it. Will I be facing labor ban due to this? Thanks!
Dear sir may problem is salary may salary is 2200 dhiram but may angrimant is 1200 dhiram may boss only give me 1200 deposit in bank so what can I do sir
i am currently employed under limited contract for 7 months and i want to resign, would i be paying for my visa expenses?is it allowed by law for my boss to ask me to pay him back for my visa expenses?
i am currently employed under limited contract for 7 months and i want to resign, would i be paying my visa expenses?is it allowed by law for my boss to ask me to pay him back for my visa expenses?
Dear Deepak,
Im working in a engineering firm,I had gone for Marital leave on august 12th and come back and rejoin October 3rd,until now i didn’t received my salary,Since i joint until my last salary they are giving by cash,and get sign on the payslip,My probation period is already over as my visa issue date is on Jan-5th 2015,When i approach them for salary Nov 11 they send me a mail mentioning i should relieve from the company my employment ended with the company on Nov 8th as i got terminated,which i was unaware,as i didn’t signed on any termination letter,Please advise me to get my salary and my all other settlements as I’m struggling lot .
Awaiting for your immediate responds.
Dear sir bangladeshi people any good news 2016 uae new ru
Dear sir
I am civil engineer please tell me about limited and unlimited contract .what is the difference between these two.
Hey deare sir.
I am doing job Abu Dhabi as security guard. My contract 2 year.my joining date ist August 2015.I as per new law can apply another job .yes .not.I am graduate.
Dear sir,
I am Olivia, i have been working as a house maid for ten months now but I want to change to another free and better paying job .What should I do and what are the restrictions or penalties following the new labour law (2016)
Dear Deepak
I came to Dubai on 9th of may 2013 on labor visa.
While I am MBA qualified. I worked for six months as a labor then shifted to store.
I want to know if I cancel my visa and join another job do I have six months ban or not.
And my leave salary and gratuity will be on last paid salary or according to contact..
Plz sir reply me
Hello Sir how are you..Sir i came here in dubai on employment visa on 22/09/2015 as genral helper with trading company.i paid 4000Aed for visa so after joining my medical and emirates ID everything done also i sing my contract but my employer make absconding against me even i am here and touch in with him.he make absconding and didnt stamp my visa on passport. Ok if i am not giong on work bcoz he is paying 700aed per month with daily 12hrs duty that is y i refused to go work but i m not runaway i told him that i found a job in freezone company as security salary 2200Aed so do not stamp my visa just cancel it and i wil go back home butt on 15/11/2015 he make absconding on 22/11/12 which is last date of my visa without stapming same date i go to tasheel office and i file a complain against my employer but till now minsitry of labour didnt give me a date now i m overstaying now also i don’t know this over staying fine wil goes to employer or on me. Sir just tell me what should i do ?
Deepak bro….
I am working as a electrical supervisor but my visa is carpenter. …I have completed 14 month in this company ..I have the degree of electrical associate engineer also…now I want to change the visa …..6 month ban will apply on me or not….? Plz reply…
have you done your sex month?
Hi Mr Deepak
I would like to know if still i can get a ban and penalty if i will resign to my current company?my situation is I entered to this company last 2013 of May and before i finish my 2 years they transferred my visa (which os the visa that i had during that time is from the one of their rest that already closed that time)so they need to transfer my visa to a different name but the same company.when i planned to resign last Oct.2015 they told me that i will be having 45days penalty if did not finish the three years.so i dicided to wait until May2016 to finish it?my question is do i need to pay the penalty if i will plan to go this 2016 of jan.?
SIR
I AM A GRADUATE NOW I AM WORKING IN A COMPANY FROM 1 YEAR. I HAVE GOT AN OPPORTUNITY FROM OTHER COMPANY. BUT MY SPONSOR NOT WILLING TO CANCEL ME. AND HE IS WILLING TO PLAN 1 YEAR BAN FOR ME. IS I CAN LIFT THIS BAN AT ANY WAY.
Hi Deepak,
My Company in Sharjah. In Contract, they mentioned 6,000 as basic salary as Sales Representative. Unlimited Contract. But I hold B.E Mechanical Engg. If I Change job now as Sales Engineer in other company, will I get ban, if they provide NOC. Too much confused. I got one offer…
hi there,
i have a qualification of 12th, i am currently employed for 2 years and i have completed 6months, i would like to change my job in january. will there be a labor ban of 6months for me??
What about band in 2016 pls reply sir pls
Dear Deepak
Good Morning,
I am working abu dhabi as a material controller last 16 month I dont Know my Contract is limited or unlimited .My company offering only year contract and after that renew. Last September I renewed my contract for 1 year again. Now I have offer from some other company. My question is if I resign now I have to face ban for six month or not. I did not complete my bachelor Degree.
Hi
New roles give wright to every one to transfer visa if company give noc?I am driver and I want to transfer my visa.I am work last 1year.please tell me.
Dear Deepak, can you please clarify something for me.
I will resign in January without completing six months. I am on Husband visa labour card. My notice is 7 days and contract is unlimited. Do I still have to pay anything to the company when I go and will I face a ban according to 2016 rules? I hold Bacehlors degree
Dear Deepak,
If some one exits UAE during their contract period and doesnt comeback before 6 months, what sort of bans will he face? Pls reply because its urgent.
Dear Sir,
Greetings!
I am currently working in a retail industry as a Senior Sales Associates,this coming January 11,2016 i complete 1 year,my visa contract is Limited can i resign and apply to another company of the same natures of work i have now.do i get ban? before that i finish 3 Years to my one contract to another company before for my first employer here in UAE. im almost 5 years here UAE.
Hoping for your positve response.
Dear sir, I am working in a llc company 7 month my basic salary 850 drm :I am graduation,I already get a safity assistant certificate and fire fighting certicate. I want to ask if I Jan 2016 .I can Chang company without any ban please tell me
Dear sir,
Am working in one the company here in Dubai, my joining date was 15th July 2015, am under probation period, but before I joined this company, I was working in my previous one for three years, now my question, ist possible to look for another job without getting a ban starting from January 2016?
Thank you
dear sir ,
i am working in one the restaurant here in dubai ,my joining date was 20th December 2015,now ,i have a 2 years contact’its possible to look for another job ,
tank you
MR Deepak if somone is graduate but the offering salary is less thank five thounsand will he/she a ban?
hi
please reply
i have got a job in another shop that is computer related and now in current shop where i worked for 10 months as shop worker mean labour work
i am also a graduate
so now to change my job to another shop that computer work but the salary in another place is less than 5000aed and the current employer also providing me the NOC will i will get any type of ban or i will have no ban?
Dea mr deepak,
Im currently visit visa and i got job and sign offer letter as cashier, im still waiting for my employer signal to make exit. Once i exit and come back i have 6months probi. Can i change and resign to this job and find another job by nxt yr without any ban?
Dear Deepak,
What do you mean by depending on your Qualification ?
If someone have bachelor degree will he face ban under limited contract ?
I have studied droit du travail which are the labour law, this gave the complete information on an employee rights and the laws towards the company and the economy. Every employee has some kind of rights and the laws to obeyed any how. Here I got in detail.
http://www.legisocial.fr
Dear Deepak
Hope everything is well
I have one doubt regarding new rule 2016
Automatic ban is removing by mol incase of degree holders . In that case employer can put ban on employee from 2016 Jan onwards?
Hi Deepak,
I am in my husband visa(Abudhabi). Got one job in small company for salary 2500DHM. Now they are giving only labor card not changing my residential visa.
My question is if i want to change job after 3 Months or 6 months, is there any ban will get apply..
If Ban will apply, will it be immigration ban or Job ban…
Note:- I have Engineering graduate degree without attestation.
Im javed khan
i come to abu dhabi oil filed compny three mounth my six mounth march 2016 im march after new compny changing sir
plz reply
Hi Deepak,
I find your blog really helpful and really thankful for it.
I hope you can give me advice on my situation.
I came here in UAE 14th of september , and was able to find a job within my 1 month visit visa,
Now have renewd my visa an Engineers Visa, On a constr. company.
I am A degree holder, and have big experience on my field.
My problem is… On this new company.. Its under pay – 3000AED salary – very bad accomodation – and over work,
I havent signed any contract yet, and havent had my medical and labour card etc process.
But they were able to settle my visa. thats its.
I am planning to resign next year when the labour ban is lifted.
Am i going to face any consequences from them?
Can you please advice me what step should i make after i resigned.
Thank you and Hoping for your reply.
Dear Deepak,
I am Rahul. I am Civil Engineer with 10 years of experience. Currently, I am working with a construction company (LLC) on Engineer visa (Abudhabi visa). My contract is Limited contract, which will expire in June’16.
I have some good offer from other companies & want to switch but at present my department head warned me of 1 Year Ban in case of resigned. He said that company won’t let me go easily & will put 1 year ban (under Limited contract ) which can’t be revoked.
Please suggest me if there is anyway to get rid of ban under Limited contract clause.
Hello Mr. Deepak,
I have been working for my company for 1 year now under a limited contract, they have problems with providing salary, it is always delayed for me not over a month, but for my colleagues, they have not been receiving their salaries for over 60 days. it is bringing stress for all of us. much to it, we have issues with WPS as well, because of it.
If I resign by next year (2016) I will pay 45 days of my basic salary without ban?
Thank you!
Dear sir,
Six months ban it is for every body ?
Hello sir
If any person who is degree holder will it be possible to get ban if company terminates him
And if ban os there will this ban automatically removed in january 2016
sir i am working as a project engineer
and my visa is project engineer i am in abu dhabi before 4 month now i want change company my salry is 3000 so please tell me about bane
can a 18 year old male allowed to work in uae? by the way by January 2016 he will be 19 years old. please reply. thanks.
Dear deepak, please I wants to know maybe the new law that is about to keekoff by January 2016, support all OR any of these following.
1. Return of passport
2. No more ban
3. Reduce of 12workman hours
Please reply me, Thanks.
Dear sir
I am Indian passport holder.
I joined one company in Dubai. I came on Employment . Visa worked for one month than left job wasnt satisfy with job.
1) My medical wasnt done
2) Emitares ID was not done
3) Visa wasnt stamped on my passport
Company concelled by visa on 12Oct . Does 6 month ban applies on me.
Please reply.
Thank you
Alfat khan
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?
My friend is working in some private company he came here through some placement he paid his visa charges as well but he was cheated with the work profile they told him…now he is in too much stress….if he change the job will he has to face ban?? He joined on 20th oct 2015
Dear Sir,
i am change my company 3 month before i have high secondary qualification can i change my company after 6 month form 2016
i only have a 12 grade certificate with lots of professional certificates, currently working on a limited visa, already finish 13 months, labour card expire in late 2016, if i got a job above 5000, will i have a ban in the new labour law?
Hi, Deepak.
A private company would like to hire me. They have offered me a higher salary. I would like to clarify if I will be banned. If yes, how can I lift the ban?
Here are my details:
-I am working as a controller from a private company (LLC firm with 2 yr contract). I have started working since May 26, 2014.
-I am an engineer (bachelors degree), however my visa states “controller”.
As per the law, I should have an offer of 12K (bachelors) to lift the ban. I am an engineer though.
Please clarify.
Thank you.
Hi
Am i work in national taxi abudhabi , and my sex month complete in 25 jan 2016 .after can i chage my job sir plz reply
Hi deepak!
1=I am working in a security company from march 2015, and i have a Bachelor of Computer Science(4 year) degree, is there any salary rang for me if i want to change my visa to other private company in 2016?.
2=kindly also give me information if i get a job on Higher Secondary School Certification level…
Regards: Awais khan
Hi Deepak ,
i am currently working in foodstuff company that is LLC and i am working here more than three years and my contract is unlimited ,
my question is if godforbid i get termination from company how they will calculate graduity and leave salary ?
both will be on basic or gross salary ? please confirm also refer me article.
Thanks
Regards
Ahmed
Hi, I am working in a company since last month. I want to change my job . I am on probation period . I have completed high school . I work as sales executive. My contract is unlimited and for 2 years. Can you answer me how can I avoid ban if I leave job this year or starting of next year ?
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.
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.
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 ?
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 .
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
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..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 ?
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?
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 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.
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 sir, good evening my problem is about my employer. Can you please help me?
Sef,
Ban is automatic!!
From January 2016, labour ban may not be applicable to you:
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
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 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
Rajesh,
Read the articles again please.
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
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 ??
Jubin,
Professionals usually do not face ban. However, labour ban is automatic.
From January 2016, labour ban may not be applicable to you:
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
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..
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?
Pearl,
If it is immigration ban, then you can not enter UAE.
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!
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.
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 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
Josef,
Ban will be automatic. But if you have 12k salary, you could avoid ban. Also it is better to take NOC.
From January 2016, labour ban may not be applicable to you:
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
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.
Josef,
Usually professionals do not face ban.
From January 2016, labour ban may not be applicable to you:
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
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.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.
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
Mohammad,
Yes, you could face ban.
Under limited contract, compensation should be paid.
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.
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?
Francis,
if you are under limited contract, you should pay 45 day salary.
But, you may face labour ban depending on your qualification.
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 ?
Fayas,
You will not face ban after 2016 if you have bachelor degree.
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
Azam,
asking for visa expenses from employees is illegal unless clearly mentioned in the labour contract.
WIth new labour law rules, bachelor degree holders will not have a labour ban:
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
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
Mohammad,
Read:
http://emiratesdiary.com/uae-labour-law-2/limited-contract
http://emiratesdiary.com/job-tips/what-is-an-unlimited-contract-employment-contract
Dear Deepak,
If I already have a labour ban of 1 year will it be canceled automatically in Jan 2016?
Thanks,
Zorana
Zorana,
Oh…never thought about this.
I will need to enquire!!
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.
Shahbaz,
free zones need not follow uae labour law.
SOrry, I can not answer this query.
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.
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!!
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?
Haroon,
I am writing a detailed post. Please visit the blog soon.
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.
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 ?
Saumya,
No other requirements.
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.
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?
Raine,
Read: http://emiratesdiary.com/jobs-in-uae-2/how-to-avoid-6-months-labour-ban-in-dubai-uae
I am not aware of the days it takes.
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.
Swathi,
You will face automatic labour ban.
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.
Shafi,
I think professionals like you may not face ban starting 2016 Jan
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
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? My degree is already attested from ambessy.
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
Muhammad,
that certificate needs to be attested.
Effective 2016 January, graduates may not have labour ban.
Graduate means, 12th + 3 year college.
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
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
Jol,
Please read all the articles I have written and understand:
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
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..
Nyll,
You could wait till Janualry 2016, after which labour ban may not be applicable to graduates as well.
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
Muhammad,
The new release of labour law is not applicable in free zones.
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.
Muhammad,
Usually engineers do not have labour ban.
Important: As per the new labour laws, bachelors will not face labour ban.
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.
MD,
I am writing a detailed post.
Do visit in some days.
I am also facing the same situation …. thank you so much for asking MD !
Hoping for positive reply from Deepak.
DD,
Please use http://forum.emiratesdiary.com for queries which require discussion.
Dear Mr. Deepak
I will surely wait and will frequently visit this page but please give me reply and write your post considering my case.
i’m waiting for your detailed post.
thank you so much.
Md,
New Labour Law Rules:
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
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!!
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
Suhan,
1. As per the new rules, graduates will not have any labour ban after 6 months of work with the employer. Read: http://emiratesdiary.com/uae-labour-law-2/new-uae-labour-law-rules-by-mol-2016
2. Yes, that is right.
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.
Suhan,
Previous laws will be null and void once the new law becomes effective.
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.
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?
Mahesh,
You will follow labour card (Pathaka)