Employment Laws

You're welcome. Hope all's going fine and dandy. M

Crystalsindubai: The company contract was signed on the 16 May 2010 and the MOL 1 July 2010. Also, he is going to work in a FreeZone so am told that there are no restrictions where his next job will be. The advice you have given me is hugely valuable and appreciated. I will remember to tell him that he should cc in the MOL when giving in his notice, that is what I call good advice. Im sure they wont be happy to put this in writing and and yes, we have called about 3 times and been told the same thing. They (MOL) even called up his details on their system while talking to him. Thank you so much

He Shezza1, Trainer sent the following reply: quote There are two things to be considered while determining the notice period: (a) Which contract was signed at later date; and (b) Is the employer capable of filing a court case against the employee for breach of contract (if the employee serves only one month notice). As explained during the training, MoL is a mediation authority that tries to settle disputes between parties amicably. If either party is not happy with the suggestions of MoL, the party can request the ministry to give NOC for filing a court case. The Court may look at it from the ‘contract law’ point of view, meaning that the contract that was signed at a later date will prevail. Nevertheless, if MoL has confirmed that the agreement submitted at the ministry will prevail, based on ministry’s recommendation, courts may agree on the same. Try to get something in writing from the ministry (which may be difficult), as it may be a personal opinion, not a procedural one. If they are willing to give it in writing- brilliant! Then you have nothing to worry about. If they do not provide written document, I would suggest the employee should either mark cc to Ministry while submitting his one month notice (mentioning that it is as per the ministry’s advice) or file a complaint with MoL stating that the employer is asking for 3 months notice while agreement registered at MoL states 1 month only. That way, you can be sure that if the employer files a complaint against the employee under the pretext of a disciplinary action (just to trouble him), the employee will have evidence that it was arbitrary. In any event, I would suggest that it is better to get MoL involved and get their guidance but ensure that the recommendations made by the officers are not based on personal opinion. One other thing you can do is to call the ministry 3-4 times (on different days) with the same question- that way you can see if their reply is consistent or not. I know its troublesome but it is the one practical way that works in UAE. From what had been announced by the government, there will be no ban for employees that are qualified/skilled level workforce (you will remember we discussed this during training), subject to certain conditions. However, the regulation has been recently introduced and pending any substantive documentation, it is not clear whether the skilled employee should have completed 2 years or are skilled employees free to move at any time to switch jobs. On this issue, since MoL has confirmed that there will be no ban, I would assume it to be accurate, as the regulation has recently been amended and MoL will have the official copy of the regulation. Also, if the employee is moving to a Freezone, each Freezone has its own regulations and in general, Freezones don’t recognize or implement a system of labour ban. I would strongly advice the employee to call the Freezone authority and clarify whether a labour ban from MoL will affect the Freezone sponsorship. Normally, Freezones don’t have a problem but it’s better to double check (considering that regulations here change on a daily basis). Hope that helps. unquote Wish all's going well. Monka

Shezza1, glad I could help! Will get back to you with clarifications.

I think the laws changed from 2011 from what I heard. Now there is only a ban if you have worked less than 6 months before it was 2 years. The ban naturally could be lifted by the payment of a fee, around 3000 Dhs I think. This is just for local business's and not freezones where there is no ban from what I understand.

Hi Shezza1, the course was very comprehensive and it helped that we could discuss all our issues with the trainer and the other delegates (getting more opinions and clarity). The best part about it was the fact that the trainer also explained the legal system in UAE, which helped clarify a lot of issues. I did receive a lot of written material so will refer to that while providing my opinion on the situation: 1. Notice period: From what I understand, yr DH has signed two employment contracts- one that is registered at MOL (English-arabic) and the other that is between the employer and employee (only English). From what we were explained during the course, legally, the contract signed at a ‘later’ date is enforceable- which I presume is the contract not registered at MoL. Hence, the employee will have to submit a 3 month notice. The labour law stipulates 1 month notice period mostly as a regulatory issue, for those who fail to mention notice period in their contracts. If the parties have agreed otherwise, the agreed period of notice shall prevail. 2. NOC: According to Cabinet Resolution No 25 of 2010, the system of labour ban has been revised to provide some flexibility in the market. If under Unlimited contract, an employee leaves his/her employment, before completing 2 years, there is no requirement for NOC and there is no 6 months ban, PROVIDED: (i) That the employee is qualified and his/her degree is registered with the MoL; (ii) Employee is leaving employment because employer failed to comply with legal or labour obligations towards employee; OR (iii) Employer terminates work relationship However, it is necessary that you call or visit MoL to find out about the ban, as the system is very new and may lead to some confusion. Hope this assists your situation. For more detailled info I can get in touch with my trainer, if need be.

Birchy, forgot to mention, he is moving to a company in a freezone. Then he will be fine xx unlimited contract 1 months notice limited contract 3 months Wish him all the best xxxx

Have attended a course on UAE Labour Law for Non-Lawyers in January. Want to know more about it, ask me for their contact.

correct me if I'm wrong but it used to be that only teachers and I think nurses who are excempt from the ban....

Your DH should be able to rely on the MOL contract and give 1 month but I'm not sure the company will like that and may kick up a stink. With the NOC, as everyone has said he should work for 2 years BUT from what I've read, if he has a degree, which was registered with the MOL for his visa and he earns the minimum salary qualifications, he can move without a ban or NOC. But, I haven't seen anything which indicates if this retrospective or applies to everyone from now on. He should really give the MOL a quick call, they are usually pretty good.

Shezza, your DH NEEDS to PROVIDE 3 months notice; and to have worked for 2 years with the company if on unlimited contract inorder to get the NOC.

I can't offer you any employment law advice but I would recommend that you secure your financial position asap... If you have any loans outstanding (eg car) finalise the loan if you can (eg sell it). Drain your local account to as low as possible, even consider drawing out cash to live on. Your DH's employer does not sound very honest (having denied promised entitlements) and may very well contact your bank as soon as his employment ceases. Your accounts would then be frozen... The employer may also place a ban on your DH, stopping him from finding another job here... hope it all goes well for you. hugs

There are no noc s anymore he needs to complete 2 years in order not to get a 6 month ban unlimited contract means he has to give one months notice. The only wa for him to move would be to move to a company in the free zone

Is the company which he currently works for a local company (like an LLC) or in a Free Zone? If a Free Zone, which Free Zone? I assume the employment contract with the varied notice periods is his English contract, has he got another one? If hes with a local company it will be a greenish document with both English and Arabic.

Shezza, sorry to hear about this. There were some changes introduced recently and I am lead to belive that it ban will not be given by default if employee has a degree. I think it is worth checking with MOL 800665 (it is their legal aid number). ETA that most likely he will also be short on end of service benefits if he give them notice, so weight your options carefully. Hope you will have it sorted. <em>edited by JoannaS on 11/04/2011</em>

From dubai faqs:- As of Saturday 01 January 2011, new rules in the UAE reduce the employment period for which an NOC is no longer required when changing sponsors from 3 years to 2 years. As far as we know, this does not apply to employees on fixed term contracts who leave before the end of their contract (which, unless a contract specifically allows this or the employer agrees to an early departure, means the employee has broken the terms of their contract and might still be subject to a 1 year labour ban instead of the automatic 6 month labour ban that usually applies when leaving a job in the UAE).

Mol have forgone the noc system a person mustbwork fornan employer for 2 years before being allowed to change employer if he is on unlimited he has to give 1 months notice