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Immigration, Visa and Labour law

Re: Immigration, Visa and Labour law
by babyjane22 » Tuesday, 20th December 2011 11:53 am

Just want to ask, Im going to transfer to a new company and I need to serve my 30days notice with my current company. can they cancel my employment visa while serving my 30days notice? so i can give the cancellation page to my new employer to process my new visa? Or I need to finish my notice before it can be cancelled? Pls help.... Thanks

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Re: Immigration, Visa and Labour law
by jani » Saturday, 24th December 2011 12:52 pm

Hello,
Dear friends im in urgent need of help here im on Private driver visa now my sponsor has died 8 months ago and my visa already have been expired on 19th of december and i dont have any contact number of my sponsor's family so what are the option do i have please be kind enough to help me with good guidance

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Re: Immigration, Visa and Labour law
by rona » Saturday, 31st December 2011 03:37 am

abraham wrote:
Maternity leave duration in UAE
Extension of maternity leave in UAE
Maternity leave- Paid or unpaid in UAE

The labour law regarding maternity leave
Article 30 of Federal Labour Law UAE no. 8 of 1980 states the following:
"A female worker shall be entitled to maternity leave with full pay for a period of 45 days, including both pre and post natal periods, provided that she has completed not less than one year of continuous service with her employer. A female worker who has not completed the aforesaid period of service shall be entitled to maternity leave with half pay.
"A female worker who has exhausted her maternity leave may be absent from work without pay for a maximum period of 100 consecutive or non-consecutive days if such absence is due to an illness preventing her from resuming her work.
"A medical certificate issued by a duly authorized medical institution or authenticated by the competent health authority confirming that the illness is a result of pregnancy or delivery shall document such illness.
"The leave provided for in the preceding two paragraphs shall not be deducted from other leave periods".

Hi! I just want some further clarifications. So per law, it means that a female worker with LESS THAN ONE YEAR OF SERVICE is also entitled to 45 DAYS MATERNITY LEAVE DURATION, but with half pay only? Please give me some clarification on this matter. Thank you very much.

rona

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Re: Immigration, Visa and Labour law
by allen » Thursday, 5th January 2012 01:01 am

Hi,

I won a labour case from Dubai Court, middle of last year. I was given 1 year ban after, that's why I decided to look for a job in a Freezone area. In my surprise, my application has been preapproved however an absconding ban case has been seen and needs to be removed first. I am quite confused cause I thought that the ban will be lifted from a non freezone to a freezone visa. Please enlighten me.

Thank you.

Allen

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Re: Immigration, Visa and Labour law
by phaul26 » Saturday, 7th January 2012 11:18 pm

Hello, i just want to know if my residence visa have 1 month extension.
My residence visa will expired on Jan 12 2012 still not cancelled even my contract.

Thank you

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Re: Immigration, Visa and Labour law
by Zarina » Monday, 9th January 2012 03:44 am

Hello - I was working for company within JAFZA, Dubai.

Now I found a new job outside ot the free zone, and have a new entry permit visa and readiness of the new company to arrange for me visa. But the old one keeping my passport and force me to leave the country and come back again under my new visa. There is no financial issues and I do not have free money and time to fly out and in only because they want it.

Is it any law to stop them ?

Many thanks !
Zarina

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Re: Labor ban,Immigration ban
by anilv » Monday, 9th January 2012 09:35 am

Hi,

I'm working in Abu Dhabi since 4 months and I got new offer in Dubai free zone area. I resigned in current company and they said that there will be ban for 6months.

I will go back to India once I relieved from current company and I will come back by new employer's visa. So in this case, if immigration ban is there then the new company may not do the visa process.

Can anybody tell what kind of ban it is? I mean is it labor ban or immigration ban?

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Re: Immigration, Visa and Labour law
by masgher » Thursday, 12th January 2012 11:33 pm

Archana wrote:
Arif wrote:
Can someone help me on changing a job if employer does not give me an NOC

Hi all please help me. i am working for a Non freezone company and my employer will not issue me an NOC. how do i change my job in this case . what are the options i have. how to lift labour ban in uae? can i pay some amount to get away from the ban??
please help

NOC is a must for your job change or else you will be banned for 6 months and your new employer can only apply for another employment visa after the ban period is over.

how do i change my job in this case?
You must obtain NOC from the employer if you are intent to work in emirates, in your case if the employer is not willing to issue an NOC so

what are the options i have?
Geting a job in freezone, governement and semi-government companies is the only option.

can i pay some amount to get away from the ban? how to lift labour ban in UAE
Dont confuse with ban and NOC, if you wish to change job breaking your contract period you will get an automatic ban and this ban can be lifted by paying fees in the labour if you have an NOC.


Ok what if I work in a freezone company and then I quite my job within contractual period, will i still ban.
and how much I need to pay to release my ban if I got ban.

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Re: Immigration, Visa and Labour law
by kanijohn » Sunday, 15th January 2012 11:25 pm

akarjikar wrote:
Discussions on Immigration, Visa and Labour law in UAE, Dubai, Abu Dhabi Sharjah and other Emirates.

Sir,

My daughter in law come for delivery of baby. She left UAE on 16 JULY 2011. She gave brith of a baby

girl on 3 Oct 2011. She stayed in India more than 6 months. Wheather She can extented her visa or

She has to applied for new visa.

Expecting your commont in this regards.


Thanking you,

John JC Kani

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Re: Immigration, Visa and Labour law
by bevs » Thursday, 19th January 2012 01:29 am

pls Advice..I got a ban Since October 25, 2011.I went out for exit and came back again as tourist visa.I found a job in a private company and willing to pay my ban as salary deduction. Question: Can the Ministry of Labor allow the new company to pay for my ban or i will end up exiting again from this country for one month. thank you.

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Immigration, Visa and Labour law
by sarumesh » Tuesday, 24th January 2012 12:48 am

My U.A.E. labor visa was expired on april 2011. but my company is not yet renew. they told me its processing. so please what can i do in this situation, please someone help me...

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Re: Immigration, Visa and Labour law
by kumar » Tuesday, 24th January 2012 04:47 am

I like to know regarding the immigration ban.my visa not yet expired,but my work permit expired,when i check with the ministry of labour they said no ban from ministry of labour.now i like to cancel my visa then i have chance to get any immigration ban and my company have any chance to ban my immigration.

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Re: Immigration, Visa and Labour law
by jaybird » Thursday, 26th January 2012 12:24 pm

akarjikar wrote:
Discussions on Immigration, Visa and Labour law in UAE, Dubai, Abu Dhabi Sharjah and other Emirates.

I am on a 2 yr teaching contract. My employer has terminated my contract and says that i am not entitled to compensation only flights home. There is no reason for termination.
I have a job offer in the UK and am thinking of breaking my contract without giving notice. What penalties will this entail and will my employer be able to persue a claim if i am in the uk??

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Regarding my right as employee in SAIF zone
by Irish » Saturday, 28th January 2012 06:12 am

Dear Sir/Madam,

I work in SAIF zone for two months now as an Engineer, my problem is that my new employer now is not giving us salary. I work for two months without receiving my salary. I need to make cash advance just to pay my debts and for my allowance. As far as I know they should give the salary every 5th of the month according to what I just read in Labour law. If I'm going to resign in this company is there any penalty should I pay in the company? I'm a family man. I have a 6 months ban from my last employer. That's why I can't work in Abu Dhabi for 6 months, but my ban starts last year when they cancel my visa it was November 3, 2011. when can I apply again in abu dhabi? Where and How will I know that my ban is already finish? If I resign from this company can my wife provide me a wifes visa? She's is working in a Private medical Company. I don't want to go home and leave my wife here. Is that possible? When can I apply for work again in Abu Dhabi?

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Immigration Ban
by hrquery » Sunday, 29th January 2012 12:12 am

I am working in engineering field, Private firm for last 4 years with unlimited contract.
I got an offer from client Gov(Oil gas).

If I want to join in the Gov company, whether my current employer can impose me a immigration ban for ( 6 months or 1 year).

Please let me know.

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Re: Immigration, Visa and Labour law
by maqboolshabandri » Monday, 30th January 2012 06:20 am

Dear sir,
I am working for a private company .i have the contract of 2 years and my visa period is for 2 years. now 6 months are over if i leave the job or company terminate me then i will receive band in uae or not.

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Re: Immigration, Visa and Labour law
by indian11 » Wednesday, 1st February 2012 05:46 am

Dear Sir,
I am working in LLC company in Abu Dhabi under unlimited contract since last one year and four months.
Now I have already resigned with 30 days notice period.
My management is not accepting my resignation letter with 30 days and they are asking for 60 days, but nowhere they have approve and acknowledge my Resignation letter. due to this I have sent resignation letter thru Email, later on i have faxed and sent courier as well. I have proof for the Fax as well as Courier.

now if i do not wish to work for 60 days (Because my new employer is not accepting this long period) what i suppose to do.

is it better way to go to labour ? and in that consequence company can put one year labour ban or any kind of immigration ban ?

please help me in this regards.

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Re: Immigration, Visa and Labour law
by englishteacher85 » Monday, 6th February 2012 03:01 pm

Changing the employment contract in Abu Dhabi
Good evening to everyone.
Could somebody please help me by giving me any information on how long it takes to change the employment contract in Abu Dhabi?
My husband works in Abu Dhabi and his contract has to be changed so that he could get visa for me. The PRO at his company is telling us that it takes more than a month to change and verify the employment contract in the Ministry of Labour. Is he telling us the truth or should we check that? And is there any way in which we could check if the changing of the contract is in process?
Thank you very much in advance.
Ana Korac

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Labour law
by Hamidm » Tuesday, 7th February 2012 10:03 am

Hi Assalam walekum,

I have serious problem. My Wife is working with an organization as an accountant . Her Job timing are from 8 to 5, however, she never come on time her manager never leaves her on time. Manager is a lady from malasia. everyday its some or the other work and she seat back till 8, 9 or some time 10.30, 11.00. they are not been paid for any overtime.There are a group of 5 people ans its a problem with each and every one. WHAT DOES UAE LAWS SAY. PLEASE HELP ME OUT

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Re: Immigration, Visa and Labour law
by Justme » Tuesday, 14th February 2012 06:10 pm

Please help! I have been hired by a certain school and I have already submitted all the documents they required. It was even agreed that I will start work after 2 weeks from now. One instance I followed up with the school about my working visa since I'm on a tourist visa and it's going to expire soon, I just learned by now that the school has an over quota status according to the school personnel that I have talked to. Is there any assurance on my part that the working visa will be granted? How long? Whoever has an idea of this case, please inform me asap. I really need to know. Thank you very much.

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Re: Labour Ban and Lifting of Labour Ban
by senen » Saturday, 18th February 2012 07:50 am

To Whom It May Concern:

I am currently working here in Sharjah. I just finished 3 months working in Deira but my employment visa is 2 years that ends on Dec. 5, 2013. I have no idea if there is still Labour Ban but my previous sponsor would like to help me providing all necessary documents (including NOC) for my smooth cancellation. My new sponsor (Sharjah) also would like to pay for my ban in Labour, if there is. I am very confused because on what I heard that Sharjah Labour Law will definitely impose 6 months banned on me and doesn't permit to lift ban if I my previous sponsor will cacel my visa. My new sponsor already talked to me to cancel my visa as soon as possible. I don't know what to do. Please enlight me on this issue, I will certainly appreciate any reliable information from anyone on this matter.


Regards,
SCF

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Re: Immigration, Visa and Labour law
by nick495 » Saturday, 25th February 2012 11:29 pm

hi can someone help please. I am a difc company and i need a couple of my people to work in an office in federal dubai for 2 months. Can i put them onto temporary work visa's in federal?

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Immigration, Visa and Labour law
by FeliciaHarris » Tuesday, 28th February 2012 01:54 am

Where does an employer (and legal sponsor) stand if they find out that an employee is working for someone else out of hours, not only this, but that this other 'employer' is actually an ex-client and definitely not a legal sponsor!

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Re: Immigration, Visa and Labour law
by vimalind » Thursday, 8th March 2012 01:34 am

am here at uae on my tourist visa.recently i came here through onlin evisa.
i got immigration seal and eye test on my paper visa.
but i lost that while i travel.
now i only had photocopy of that.
can i immigration from sharjah airport while i return back to my country?

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Re: Immigration, Visa and Labour law
by nijasr » Sunday, 11th March 2012 08:01 am

I am currently working in Sharjah as a sales executive and have completed 1 year of my service, but I got a better offer as HVAC engineer in a free zone company. My question is will I face any ban if I resign from my current company? or if my company holds my passport can I go against the company legally ?

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Immigration, Visa and Labour law.
by tauseef88ali » Friday, 23rd March 2012 01:39 pm

Hi.
I had just finished 2 months and new to Dubai and my boss is willing to fired me in any cost or giving me pressure by increasing my work hr from 8 to 11 hr a day as well as giving me mental pressure to bring business from the market due to that I am in a deep depression what to do as I has already invested my hard earn saving to come to Dubai for work. I am defiantly willing to work and want to perform like my past track records but he is not giving time to perform as I don't want to resign but he is willing to terminate me. In this situations what are the option to work in UAE. How to change my job visa as its under unlimited contract as I don't want to go back and willing to work in uae. is there any way that I cannot get the ban please guide me

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Re: Immigration, Visa and Labour law
by KJ » Sunday, 25th March 2012 01:27 am

Hi

I have an enquiry with regards to my status of my company.

I am currently employed in a real estate company under limited contract which in my labor contract my duration is from 2010 to 2014. I have been already more than 2 years in my current employer.

Recently I have accepted an offer from a freezone company. I tender my resignation to my employer for a 30 days notice that I am leaving the company. My employer told me he will not release me and he wanted me to stay in the company for 2-3 months.

I told him I will only be with the company till April 19 for by April 22 I must start with my current employer which is a free zone company.

My current employer is not giving us the benefits that an employer must provide. He deducted our salary without giving us a valid reason, no medical benefits, no salary increase, no annual leave pay and no concern with employees.

In this matter I have few questions:

1- Can my employer not release me from this company?Are they allowed to do that?
2-What ban can be impose for me?
3-Can they hold my passport and not cancel my visa?
4-By April 22 I will be working with my new employer. Can my current employer hold against me if I will be with my new employer in any case he will not cancel my visa and hold my passport?
5-Do I have to finished my 30 days notice period which I submitted to them(my current employer)?
6-Can they force me to stay with the company for 2-3 months even if don't want to work with them after April 19 with regard to my 30 days notice to them.?

Please help me on what will I do with this kind of employer.

Hope to hear your legal answers.

Thank you.

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Re: Immigration, Visa and Labour law
by fhatom » Monday, 26th March 2012 03:38 am

akarjikar wrote:
Discussions on Immigration, Visa and Labour law in UAE, Dubai, Abu Dhabi Sharjah and other Emirates.

Someone can help me about my situation one of the company promise to me that they will give visa
till my residence visa expired from feb.16,2011 till now and almost one year i promise my cancellation to my sponsor to transfer visa for new company or any normal cancellation i wan given my passport to my sponsored and he lost it then i apply lost passport report and apply new passport now i want cancellation what i will do without my old passport to cancel my visa pls.help me.

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Re: Immigration, Visa and Labour law
by Shaanktm » Friday, 6th April 2012 01:00 pm

Hi sir, I have been signed a contract with a company regarding food allowance will pay end of month aed 300.but it has not been paid since 4 months.if i lodge an official compliant there is any possibility to get it back the due money.kindly advise

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Regarding Ban
by Raju123in » Monday, 9th April 2012 11:14 am

Dear Sir,

I was presently working for hameriyah free zone sharjah for past 7months , and my contract in unlimited contract for 3 years , due to salary delay and loosing self respect in front of others will lead me to see another job which is petrochemical industry which they going to visa in dubai, inspite of notice period served my present employer is not relived me and i gave complaint at hameriyah free zone authority, i have a doubt 1. whether a my present employer can ban me? even though they ban me , can i lift the ban? please give me guidance on this... expecting reply soon....

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Re: Immigration, Visa and Labour law
by aedham » Thursday, 12th April 2012 03:38 am

Hi!

Can someone please enlighten me regarding Immigration Ban.

I am presently working in a private hospital as a Registered Nurse and recently got a job offer in a government hospital. I am under unlimited contract for 3 years and I have completed 2 years and almost 5 months already. What would be my chances of transfer without any problem from my current employer? I understand that they cannot ban me in labour since I am transferring in a government entity. My concern though is it possible that my employer will ban me in Immigration?

Thank you and will be waiting for your answers. ^_^

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Re: Immigration, Visa and Labour law
by arablaws » Sunday, 15th April 2012 06:09 am

As per our understanding and laws your current employer should not enforce ban on you in labour or immigration, here we would like to clearify the difference between labour ban and immigration ban, labour ban means you are not eligible to work in UAE however immigration ban means you are not allowed to enter in the UAE.

Since you are moving to governament entity and completed almost 2 years and 6 months they will not impose ban on you, however we would suggest you to take your current employee in confidence and have good relationships before moving to new entity.

As per uae labour law if you are not completing 3 years contract with employer then MOL may or may not impose 6 months ban on you depends on how you leaving the existing employer with Transfer or without transfer, More chances are you are secure because Governament entity will take care of it.

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Re: Immigration, Visa and Labour law
by mimi » Wednesday, 18th April 2012 01:52 pm

Hi!
I am working in a freezone company for almost 2 months as a lady cleaner. I give my resignation letter this April 16 but they did not approved it they said they will approved my resignation letter if i can pay them 5000 dirhams in one week and should send in their account. How i can pay this much money in 1 week is this true that i should pay this much? then when i paid them i should show them my ticket for exit & passport they will bring in immigration. The reason i wanted to resign is because they assigning me in Ras Al khaima without helping me to pay my accomodation or even my transpo. cos i am staying in dubai. i already accepted first & tried to work one day in RAK but my supervisor not cooperate. So i decided to resign now i am not working for few days cos i am thinking what to do. Please advise me. cos i wanted to apply other job & still stay in dubai also my passport still with them.
hope to hear from you soon..
thank you

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Re: Immigration, Visa and Labour law
by tariqsaeed » Friday, 20th April 2012 02:39 am

Dear

I was on a visit visa to UAE for job hunt and found a job during visit, the employer promised me and confirm me that you go back to your country (Pakistan) we will send you work visa now I am back to Pakistan as per his instruction but the employer has not send the work visa nor attending my phone i dont have any documentry proof. except his words, please advice me what to do

thanks

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Re: Immigration, Visa and Labour law
by sarbunazeer » Monday, 30th April 2012 01:42 am

maqboolshabandri wrote:
Dear sir,
I am working for a private company .i have the contract of 2 years and my visa period is for 2 years. now 6 months are over if i leave the job or company terminate me then i will receive band in uae or not.

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Re: Immigration, Visa and Labour law
by Ratheesh » Wednesday, 2nd May 2012 01:35 am

Hello Sir,

I am going to bring my wife on employement visa.We do not have family visa,I have marriage certificate but not attested. Pragnancy is allowed or not in employement visa. If I do again marriage in A D court it is possiale or not Please give reply

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Re: Immigration, Visa and Labour law
by jongrytz » Saturday, 5th May 2012 03:57 am

HELLO,
Im planning to bring my wife and 8 year old son here maybe later this year, i work as an archive clerk at an insurance company,I just want to ask what are the requirements for a husbands visa so i will start processing their documents...thanks...

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Re: Immigration, Visa and Labour law
by Edgard » Sunday, 6th May 2012 05:15 am

ivyako wrote:
HI,

I would like to know the exact scenario on how the Pros hand over our passport in the airport? will they wait until I FINISHED IN immigration? and get an exit stamp?

Or they just hand over the passport anywhere in the airport?

Please help!

Hi Ivyako,

I am facing the same issue and i was wondering what happened with you;

Your help would be appreciated!

Thanks,
Edgard

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Re: Immigration, Visa and Labour law
by shridev » Wednesday, 9th May 2012 03:19 am

One of my releative was working here on mission visa witha consultancy company as Engineer.After three months he went on leave and his company want to bring him on residence visa.For that they taken labour department clearence and deposited Aed/- 5000 in labour office and his one year residency approved.When all the documents submitted to Emigration application rejected because of his over age ,he is 67 years old.Is this a new rule? I have checked with labour department today they told me once labour approved visa there is no question of rejection from any other department.Please advise is there any new rule stoping above 65 years of age people residency visa or mission visa.There are lot of people working in our office and they are more than 68 years old.Please reply

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Re: Immigration, Visa and Labour law
by RoRo » Friday, 11th May 2012 10:45 am

Hello All

Can Any One tell me that if i get my Visa with a company ( for now my visa is father sponsered , and not allowed for work) and work for another home office ( which already has an internal agreement with the company that will issue my visa) is it illegal? ( the home office is an office for a company which its license is not renewed recently and is expired )

Please Help me
Regards

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