• Home
• /
• Legal

Labour ban

I have been working in Sharjah and I have completed nine months of service. I am planning to change my job as I received a job offer from a Dubai company.

I have been working in Sharjah and I have completed nine months of service. I am planning to change my job as I received a job offer from a Dubai company. I need to resign, but I have not completed two years. Will a six-month labour ban be enforced? My current Sharjah-based employer is ready to release me. Is there a way to lift the ban and join the new company?

Since, you have not completed two years with your current employer, a ban for a period of six months will be automatically imposed on you by the Ministry of Labour.

However, if you prove that you are falling 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, you can join the Dubai company without a ban:

• In order to remove the ban, an employee must prove his 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 Dh 12,000 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.
• The contract is terminated due to the employer’s violation of legal and labour obligations towards the worker, or the worker has no role in terminating the work relationship.
• The employee is transferred to another company the employer owns or has shares in.

Mushtaq Ahmad Jan is a lawyer at the Global Advocates and Legal Consultants, with a Master’s Degree in International Commercial Law, University of Hull, Kingston-upon-Hull, England. Readers may e-mail their questions to: news@khaleejtimes.com or send them to: Legal View, Khaleej Times, PO Box 11243, Dubai.