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Ban Unlikely if You Move to a Firm in Jebel Ali Free Zone

Compiled by Ahmed Shaaban (Legal View) / 13 October 2008

Q. I have been working as a sales manager in a cargo company based in Dubai for over 10 years. My visa will expire in January 2009, but I want to move to a new job this month to a company located in Jebel Ali Free Zone.

I would like to know whether the current employer could seek a six-month ban against me. Will the ban be applied if the new visa is issued from a free zone?

A. Since you have been working in the same company for the last 10 years, I do not think there will be any issue in changing your job. Normally, ban imposed outside Jebel Ali Free Zone is not applicable for changing to a job in a company licensed under the Jebel Ali Free Zone Authority.

Q. I am on a student visa. Is it legal to work with a company here.

If yes, are there any documents to be furnished or should I have a labour card?

A. The current labour laws of the UAE do not permit students on student visas from undertaking paid employment in any capacity. Some institutions in Dubai Knowledge Village permits their students do unpaid internships in certain companies.

To get involved in internship programmes, students will have get permission from a university.

If you secure a job with a company in Dubai, you will have to cancel your student visa and obtain the employment visa and labour card from your employer.

Recently, the government approved a recommendation to allow expatriate students to work part or full time while pursuing their college studies. For further details, you may contact the authorities concerned.

Q. I work in a private polyclinic here. I am under the sponsorship of the director of the clinic with whom I share 50 per cent of what I earn.

If I work part time with another organisation after obtaining a no-objection certificate from my sponsor, is it legally right?

Am I obliged to share half of what I earn with my current sponsor for that part-time job?

A. Work relationship between an employer and employee is regulated by the UAE labour laws. Your sponsor has no legal right to give you permission to work with other employers as such permission has to be obtained from the Labour Department.

This is the only way for the Labour Department to monitor the work activities of expatriate workers.

In any case, I do not find any law or reason for you to share with your employer the 50 per cent of your income that you earn from your part-time job.

 

 K.K. Sarachandra Bose is a Partner/ Corporate, Commercial and Contract Lawyer at Dar Al Adalah Advocates and Legal Consultants. Readers may e-mail their questions to: ktedit@emirates.net.ae or send them to ëLegal Viewí, Khaleej Times, Dubai P.O Box 11243.

 
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