Working in UAE? Always remember this about your job contract

There may be no employment ban if you fulfill the skill level and salary in the proposed new company.

I have been working as an IT professional in Umm Al Quwain for the last five months with a salary of Dh2,000 per month. As per my visa, I am a computer programmer by profession and my job contract says the first six months are a probation period. This will end in a few days and I want to resign the current job to join another company located in Dubai. Given that my visa is for two years, will I have to face any type of employment or travel ban if I give a month's notice to resign?

You have not mentioned whether your employment contract is limited or unlimited. There may be an employment ban on you if your employer does not agree to mutually terminate your employment contract, if it is limited in its duration. This is in accordance with Article (1)(I)(2) of the Ministerial Decree 766 of 2015 on Rules and Conditions for granting a permit to a worker for employment by a new employer, which states: "The two parties (employee and employer) mutually consent to terminating the contract during the course of its term, provided the employee has completed a period of not less than six months with the employer; the latter provision is waived for employees who qualify for skill levels 1, 2 and 3 as per the ministry's classification."
Further, if your employment contract is unlimited in its duration, you may resign from employment by serving a notice period as mentioned in the employment contract. This is in accordance with Article (1)(II)(2) of the Ministerial Decree 766 of 2015 on Rules and Conditions for granting a permit to a worker for employment by a new employer, which states: "One of the parties acts to terminate the contract and notifies the other party and continues to honour his/her obligations under the contract for the duration of the notice period, which shall be no less than one month and no more than three months, provided the employee has completed a period of not less than six months with the employer; the latter provision is waived for employees who qualify for skill levels 1, 2 and 3, as per the ministry's classification."
However, there may be no employment ban if you fulfill the skill level and salary in the proposed new company. This is in accordance with Article 4 of the Ministerial Order No. 1,186 of 2010 which states: "As an exception to the provision of the 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 at 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."

KNOW THE LAW

Employment ban may be waived off if the employee and employer mutually consent to terminating the contract during the course of its term, provided the employee has completed a period of not less than six months with the employer.
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore and India. Full details of his firm on: www.amalawyers.com.
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