Ban stamp not on passport

My husband is working as a manager in a reputed restaurant in Dubai. The designation stamped on his visa is juice maker. Can he sponsor his wife and children on this visa status? Heis working 12 to 14 hours every day but does not collect any overtime. Is it right? Can my husband leave this job during probation period? How can the labour ban, if any, be dropped if he is a diploma holder?

An employment ban, work permit ban and labour ban are all the same. Due to breach of certain provisions of the UAE Labour Laws, a person is not permitted to work in the UAE for a specific period of time.

An employment ban could be for six months, one year, or permanent. An employment ban is usually given in these two circumstances: (1) A permanent ban is usually imposed on absconding employees and; (2) a ban for a period of six months will be automatically imposed by the Ministry of Labour, in case a worker has not completed two years with his current employer. It is also worth noting that nothing will be stamped in the worker’s passport but when a new employer submits an employment application to the Ministry of Labour, it will automatically be rejected if a ban is on the worker’s computer file.

Since your husband is a diploma holder and has not completed two years with the same employer, he will be subject to a ban unless he proves that another employer is offering him more at least Dh7,000 per month as per the Cabinet Resolution No 25 of 2010 regarding internal work permit at the Ministry of Labour.

Non-competition agreement

I used to work with a foreign company at the Sharjah Airport International Free Zone as company manager on an unlimited contract from April 2004. I resigned and am still waiting to settle my dues. Can my previous employer force me to sign a non-competition agreement after the new visa is stamped? Can he hold back my salary and the ex-gratia payment even though he has agreed to pay them on an appointed mutually agreed date? What are my legal options?

Employment benefit is the right of a worker which is guaranteed and provided by the UAE Law.

No employer can hold the end of employment benefits of any worker and if he does so, you have the right to file a case against him and the court will award it to you. Furthermore, your ex-employer cannot compel you to sign a non-competition agreement.

As a general principle of law, the agreement has to be signed by free will of the contracting parties. Consequently, every agreement entered into by force, is null and void, thus, you should not sign any such agreement.

It is worth noting that not signing a non-competition agreement will not affect your gratuity as it is provided by the law. Article 132 of the UAE Labour Law states: “The employee, who has completed one year or more in the continuous service, is entitled to the end of service remuneration at the end of his service. Days of absence from work without pay are not included in computing the period of service, and the remuneration is to be calculated as follows:

1) Twenty one days’ pay for each year of the first five years of service.

2) Thirty days pay for each additional year, provided the entire total remuneration shall not exceed two years’ pay.

Labour ban

I have been working in Sharjah for the last six months on an unlimited contract at my brother’s company. Currently, I am looking for another job in Dubai as a Mechanical Engineer.

Will I get any labour ban or will I have to pay fines to lift the ban? What will be the actual procedure?

Under the UAE law, if an employee leaves a job without completing two years, the Ministry of Labour will impose a work ban for six months or for one year if it is imposed by the employer during which time the individual is not allowed to work in the UAE.

You may join another job without any ban if you fall in any of the following categories as mentioned in the Cabinet Resolution No 25 of 2010 regarding internal work permit at the Ministry of Labour which states: “In order to remove the ban, an employee must prove qualifications by presenting a duly attested educational certificate as mentioned herein (i) If an employee holds a university degree (Masters), and earns a minimum of Dh12,000 per month; (ii) If an employee holds a Diploma (post secondary) and earns a minimum of Dh7,000 per month; and (iii) If an employee has passed high school and earns a minimum of Dh5,000 per month.”

• Compiled by Ahmed Shaaban