Are nurses exempted from labour ban?

Dubai - Entry permission and visa shall be valid for use during two months and for a single entry.

Nurses exempted from labour ban?

It is assumed you are on a six-month probation period with your employer. Since you are on limited duration employment, you may have to compensate your employer with 45 days of remuneration in case you decide to resign. Article 116 of Federal Law No. 8 of 1980 on the Regulation of Labour Relations (Labour Law) states: "Where a contract is revoked by the worker for reasons other than those specified in article 121, he shall be required to compensate the employer for any prejudice the latter sustains as a result; provided that the amount of compensation shall not exceed half the worker's remuneration for three months or the residual period of the contract, whichever is shorter unless the contract contains a provision of the contrary."

Further, Article 128 of Labour Law states: "Where a non-national worker leaves his work without a valid reason before the expiry of a contract for a limited period, he may not, even with the employer's consent, take up other employment for one year from the date on which he left his work. It shall not be lawful for any other employer who is aware of the fact to recruit such worker or keep him in his service before the expiry of such period." It may also be noted that labour bans may not be imposed in cases where the employer and the employee have mutually agreed to the termination of the contract in accordance with Article 130 of the Labour Law which reads: "The provisions of article 128 and 129 shall not apply to a non-national worker who, before taking up other employment, obtains the authorisation of the Minister of Labour and Social Affairs with the approval of the original employer."

Subsequently it is advised that since you are a nurse holding a nursing degree, a labour ban may not be imposed upon you as nurses have been categorised in the list of professionals who may not have to face a labour ban. This is in accordance with Article 2 of the Ministerial Order No. 13 of 1991 on 'The organisation of the transfer of sponsorships of non-national labours the rules governing the same' which states: "Non-national labourers may be allowed to transfer one job to another and hence transfer of their sponsorship of they fall under the following categories:

a) Engineers

b) Doctors, pharmacists and male and female nurses

c) Agricultural guides

d) Qualified accountants and account auditors

e) Qualified administrative officials

f) Technicians operating on electronic equipment and laboratories

g) Drivers who are licensed to drive heavy vehicles and buses."

However, in the event, a ban is imposed, you may subsequently have it lifted on the basis of your qualifications. Also, you may have the ban lifted if your subsequent job provides you the required salary for non-imposition/lifting of a labour ban.

The salary requirement are in accordance with Article 4 of the Ministerial Order No. 1186 of 2010 which states: "As an exception to the provision of 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 in the first, second or third professional levels after fulfilling the conditions for joining any of these levels as per the rules of 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."

Change of mind after getting job visa? Stay put for 2 months

I agreed to a contract with a private company in Dubai. However, the prospective employer frequently changed the terms of the offer (after I signed it) and later realised that the offer letter I signed did not contain all the terms, as agreed, between us. Therefore, I cancelled the entire deal.

However, my prospective employer got my employment visa approved and I requested them to cancel the same. Despite several reminders and exchange of emails with them it my prospective employer has not cancelled my visa. According to my information, only the sponsor can cancel the visa. I am South African and have never entered Dubai before. My dilemma is how do I have this sponsor removed as it will interfere with any other employment offers I may receive. Also, I am interested in knowing if I will be banned from entering the UAE?

Pursuant to your question, it should be noted that the General Directorate of Residency and Foreigners Affairs (GDRF) issues an employment entry permit, which is valid for two months from the date of its issue and an employee should enter UAE within the said two-month period. Upon completion of this period the said employment entry permit becomes invalid in case the employee does not enter the UAE. Since you have not entered UAE, you may obtain other employment offers in the UAE as upon the expiry of the validity of the current employment entry permit, any other employer may apply for your employment entry permit.

Article 9 of Federal Law No. 6 of 1973 "Concerning Immigration and Residence" states: "Entry permission and visa shall be valid for use during two months and for a single entry."

You have not mentioned if your prospective employer is a free zone entity or it is an on-shore entity. Since, you have not taken up employment with your prospective employer there may not be any labour ban imposed on you, assuming this employer is a free zone entity. However, in case this employer is an on-shore entity your visa would have been approved first by the Ministry of Labour and subsequently issued by GDFR. You may contact Ministry of Labour in case this employer is an on-shore entity and GDRF in case this employer is a free zone entity, to further clarify your query.

Ashish Mehta, LLB, F.I.C.A., M.C.I.T., M.C.I.Arb., is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore and India. He manages a multi-jurisdictional law firm practice, providing analysis and counselling on complex legal documents, and policies including but not limited to corporate matters, commercial transactions, banking and finance, property and construction, real estates acquisitions, mergers and acquisitions, financial restructuring, arbitration and mediation, family matters, general crime and litigation issues. Visit www.amalawyers.com for further information. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.

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