Article 01| January 2017 : Help! I have got a labor ban

Help! I have got a labor ban

by Al Mubasheri  |  January 2017

Facebook  Twitter  LinkedIn

I joined a company in Dubai, which was closed down before I completed six months in my job. The owner of the company asked all the employees to look for new jobs. However, when I got a new job and the company applied for the visa, it was found that I have been banned for a year for not completing six months on my job.

I wish to know if there is any option for me to lift the ban, because I didn't leave the company on my own. I have a no objection letter from the company and other documents, but still the ban is in place. Please help me.

It may be noted that usually employment bans are not imposed on individuals who have completed one year of continuous service in their previous employment. But unfortunately, in your case, the period of employment was less than six months.

Notwithstanding the above, since the reason for termination of employment could not be attributed to you, the labour ban may be lifted at the discretion of the Ministry of Human Resources and Emiratisation. In this regard, you may approach the ministry, requesting for a review of the ban and you may further represent there stating that you had not terminated the employment contract, and as such the termination was due to closing of the entity where you were working, by the employer.

It may however be noted that you may also seek for revocation of the employment ban in the event you are offered a salary which satisfies the minimum prescribed salary limits stated in this regard corresponding to one's educational qualifications. This is in accordance with the provisions of Article 4 of UAE Ministerial Order No 1186 of 2010 which states:

"As an exception to the provision of Item No. 2 of Article 2 of this Resolution, the ministry may issue a work permit to an employee without requiring the two year period in the following cases:

a) In the event that the employee is starting his new position in the first, second or third professional levels after fulfilling the conditions for joining any of these levels according to the rules in force at the ministry, and provided that his new wage is not less than Dh12,000 at the first professional level, Dh7,000 at the second professional level and Dh5,000 at the third professional level."

In view of the foregoing, you must be offered minimum salaries stipulated above so as to seek a revocation of the employment ban. Apart from this, labour bans issued by the ministry may not be effective at the free zones of the UAE. And, you may seek with any entity incorporated in any of the free zones.

You may contact the ministry for further enquiries.

 

Al Mubasheri aim to provide integrity-driven and high-quality legal support to individuals or groups using practical, analytical, and client-focused approach in recognizing and responding to concerns and challenges related to achieving business or personal objectives. We possess resilience in varied forms of challenges and employ our best efforts in order to establish realization of clients’ needs and goals.

As a registered agent for offshore company registration in Jebel Ali Free Zone, we act as liaison between the company and the Authority for all transactions and requirements needed for the incorporation. We tackle all related matters from initial contact to end of contract. For questions click here

Leave a Reply

Your email address will not be published. Required fields are marked *


*

Translate »
<br /><b>Notice</b>: Undefined index: text in <b>G:\PleskVhosts\mublegal.com\httpdocs\wp-content\plugins\call-now-button\src\admin\legacy\CnbLegacyEdit.php</b> on line <b>72</b><br />