Questions & Answers
How to lift UAE employment ban
I was working for Boutique 1, it's an LLC company. I left the company in October 2015, after working with them for 11 months. So I got a one-year labour ban from them.
Then I joined another company which is in a free zone, so my visa got processed and faced no issues in October 2015.
I have been with this company for 1 year and 9 months and now I have a job with Landmark which is an LLC as their marketing manager. So I cancelled my visa and applied with them but it got rejected because it says I have a 1-year ban.
Now, the ban is from my old employer Boutique 1 (the ban should have finished last year), but since I didn't leave the country and rather changed my visa within the UAE the ban period never begun.
I have filed a request with Tasheel but I don't think that will help. I have everything needed to lift the ban.
The labour contract with my salary a lot more than AED 12,000 attested bachelor's degree & if necessary I can get NOC from Boutique 1 as it's been almost 2 years since I left them.
Need urgent help!
Dear Sir/Madam,
Please note that my response to your question will be purely from an academic point of view based on the limited preliminary information that has been provided.
Therefore, it should not be treated as a legal opinion for the need of adequate knowledge and revision of the relevant documents when reading the applicable laws.
Under the UAE Labour Law, a one (1) year employment ban is usually imposed if the limited term contract is terminated before its expiry and the employee leaves without a valid reason, or in the case of an unlimited contract, the employee leaves before the expiry of the statutory notice period.
Under Ministerial Resolution No.1186 for 2010, the rule is that an employment ban is not imposed if the employee has completed 2 years of service or the working relationship has been concluded by mutual agreement of the employer and employee.
Based on the facts that have been provided by you, it can be assumed that you would not fall into this category.
However, there is an exception under Article 4 of the Ministerial Resolution No.1186 for 2010, that allows the Ministry to issue a work permit to the employee without requiring the two-year period.
This applies if the employee is starting his new position at the first, second or third professional levels and provided his new wage is not less than AED 12,000 at the first professional level, AED 7,000 at the second professional level and 5,000 at the third professional level.
We would need to review your employment contract with Boutique 1 and further understand the chronology of events to deduce why there has been an issue with you obtaining the employment visa.
Please call/write to us for further assistance on this matter.
