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To ban or not to ban ... that is the question

Alex S., Abu Dhabi: I am a bachelor of science in management and I am presently working as a secretary for over a year in one of the companies here in Abu Dhabi. I would like to know if a ban will be imposed on me in case I want to quit or decide not to renew my contract. Can my visa be transferred?

Answer: In order to have your sponsorship transferred the following conditions should be met, namely:

i. The employee should have completed one year in service;

ii. He should be joining the same profession;

iii. He should belong to the exempted categories;

iv. He should hold a valid residence visa; and

v. The employer must provide consent

If your contract is of an unlimited period, you can have it terminated by way of giving a notice to the employer. If it is of limited period, you can serve a notice on the employer at least one month prior to the date of its expiry expressing your intention not to renew the contract. Upon cancellation, you can produce an authenticated proof of your educational qualifications to the Naturalisation and Residency Department to avoid the ban stamp.

Seeking greener pastures

Maten, Abu Dhabi: I am working with an engineering firm in Abu Dhabi, but my visa was issued by Dubai. I want to quit my current job for better prospects. In case I have my visa cancelled, can my present employer impose a ban on me? And if I obtain a visit visa during the ban period, if any, do I have to leave the UAE again for six months? If I submit my resignation before the expiry of my current employment visa, expiring next month, will a one-year ban be imposed on me although I hold the position of a 'general accountant'?

If you resign before the expiry of your employment contract, you will invite a one-year ban on the grounds of your violation of the terms of the contract. This one year precludes you from having any employment visa issued. At this point, you cannot even have a visit visa issued in your favour because your name would be blacklisted by the authorities. Neither the nature or style of your position nor your educational qualifications would have any effect on the ban.

What happens to my daughter?

Angelo D., Dubai: I hold a valid UAE Residence Visa and have been working with my company for the last six years. My daughter is on my sponsorship. My visa expired by the end of January. I plan to leave my company and join somewhere else. My passport has been with my company which is a normal practice here. Can they cancel my visa even if my daughter is on my sponsorship?

If the residence visa expires under a contract of a limited period while you are still in service and did not receive any notification from the company for its intention not to renew it, the company is obliged to renew it.

In case you work under an unlimited contract, and the company is not willing to renew your visa upon its expiry or is planning to terminate your service, the company must notify you. In case of cancellation, a certain form must be signed to the effect that you have received all your labour dues including the end-of-service benefits (gratuity). Upon cancelling your visa, the residence visas of all the persons sponsored by you must be cancelled.

Complaint against employer

M. I. Dubai: I have been working as a security guard for an LLC company over the past 15 months. My employer refused to give me my passport which I needed to apply for a driving licence. As a result, I filed a complaint with the Ministry of Labour and Social Affairs. I am afraid my employer would, in turn, have my visa cancelled. Can he cancel my visa at his own will and without my knowledge? Another question that bothers me is that I work 12 hours every day, rather than 8, and take only one day, not four days, off every month. Kindly advise me what I should do?

One of the requirements to apply for a driving licence is to obtain an NOC from your employer expressing his consent to your application for the licence. The complaint filed by you with the Ministry of Labour and Social Affairs to recover your passport is out of place since it does not represent a labour-related dispute. However, your visa cannot be cancelled without your knowledge.

As to the second part of your question about the overtime and holidays, the issue should be discussed and resolved in amicable ways with your employer. However, you have the right to file a complaint with the said ministry, but it would render the company/employer reconsider your employment.

Service benefits

Danilo G., Dubai: I have been working in the company for three years and five months but I'm planning to submit my resignation this end of the month. How much the compensation do I have to receive from the company? Do I have a free ticket back to my place of origin? What are the legal end-of-service benefits (gratuity)?:

Under the provisions of Article 132 of the UAE Labour Law No. 8 of 1980, a worker who has completed a period of one or more years of continuous service shall be entitled to end-of-service benefits (gratuity) on the termination of his employment. The days of absence of work without pay shall not be included in calculating the period of service. The end-of-service benefits (gratuity) shall be calculated as under:

i) 21 days remuneration for each year of the first five years in service.

ii) 30 days remuneration for each additional year in service, provided that the aggregate amount of gratuity shall not exceed two-years remuneration.

If you work under an employment contract of an unlimited period and served for more than three years and less than five years, then and according to the provisions of Article 137 of the UAE Labour Law No. 8 of 1980, which reads:

"Where a worker who is bound by a contract of unlimited duration leaves his work of his own accord after continuous service of not less than one year and not more than three years, he shall be entitled to one-third of the end-of-service benefits (gratuity) provided for in the preceding article; where the continuous period of service exceeds three years, but does not exceed five years, he shall be entitled to two-third of such benefits."

You should know that it is established that in case the employment is terminated at the request of the worker/employee, he shall not be entitled to a return air-ticket.

Student visa

I. Lincoln, Ajman: I am an international student of Islamic Studies at an Ajman-based university. I came to the UAE with a visit visa because the university demanded me to arrange for my own visa. Now I would like to have a student visa since I cannot remain in this situation of going out and coming in. Please advise me.

In order to reside legally in the country you should hold a valid residence visa, which matter requires you to be sponsored by a body or person as per the applicable regulations. If the university you are joining is affiliated to the UAE Ministry of Higher Education and subject to its control, it is in a position to sponsor the students enrolled. In this case the university must provide you with the visa, simply because any other endeavours would cost you a great deal of time and money and would not bring about secure results.

Direct hire

B. Abraham, Abu Dhabi: I have been working in a private company in Abu Dhabi as a clerk since 1997 (computer operator visa). Now I got an opportunity with an oil company as direct hire for the position of 'fire fighter'. Is there any way for me to change the visa from the existing company to the government firm without cancellation and getting a ban?

The only option for you is to endeavour to obtain an NOC from the company you work for simply for the reason that the sponsorship transfer does not apply in your case.

Meanwhile, you can approach the prospective employer (government body) on such an NOC, seeking advice whether or not the government body can issue a 'letter of offer' in your favour, which may assist you in obtaining the said NOC or avoiding the ban. In this case, direct contact must be established between the existing employer and the prospective one; especially that the resignation would entail a ban stamp affixed on your passport. - Compiled by Mustafa Barakat

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