UAE Labour Law revisions mean employment bans are no longer as common



I need some clarification on labour bans. I have worked as an accountant in an LLC company in Dubai since the middle of last year, but my visa states that I am a "wiring electrician assistant". I need to know whether I would receive a ban if I resigned, as I have worked for the company for less than a year. Would it make any difference if my visa showed my profession as an accountant and I then resigned? JH, Dubai

There are two issues here. First, a visa should state an occupation that is at least close to the work performed and not something entirely different, as in this case. The employer ought to have applied for a more appropriate visa, even though employers have to select a title on the list provided by the Ministry of Labour. It could be that the employer used one that has been prearranged as part of their quota, and while it’s not right it’s somewhat academic. Following changes to UAE Labour Law that came into effect on January 1, it is now far easier for most employees, especially those on unlimited contracts, such as the one I understand JH is on, to leave one job and move to another without receiving an employment ban. Whereas previously employees had to complete at least a full year of service to avoid a ban, provided the full notice period has been worked, employees in skill categories one to three will no longer face a six-month employment ban. Workers in skill categories four and five can move to another employer after completing a period of not less than six months with their current employer, so JH is free to move without problem no matter the category or the profession stated on his visa. Skill levels one to three are primarily known as white-collar workers with professional qualifications, degrees and high school diplomas.

Keren Bobker is an independent financial adviser with Holborn Assets in Dubai, with more than 20 years’ experience. Contact her at keren@holbornassets.com and follow her on Twitter at @FinancialUAE.

The advice provided in our columns does not constitute legal advice and is provided for information only.

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