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Help!!!!! Labour Ban

Postitatud Dubai foorum

Hello good people. I would like to ask help from you regarding my friend's current situation. She is currently employed in a private company with 2 yrs contract.As of this writing she has only served for 2 months. She is not happy with the job anymore since it requires so much physical work (she's a yacht crew) and would like to find another job. I have read some articles and forums before but I am still confused. Please find below set of questions hoping for your enlightenment:
1. If she transfers to a government corporation, for example Emirates, does she still need an NOC and will there be any ban? Is there a certain salary bracket that she might be required so that there will be no ban?
2. Her company is claiming that they will be banned for 1 year plus they need to pay certain 10k AED if they prematurely terminate their contract, is this legal? I mean the 10k AED penalty to be paid? Please be informed that she hasn't signed any written document/contract about her job yet. But their passport has been captured in the company's possession.
3. Any other advice/possible way to get out of her current company and find a new one?

Thank you so much in advance.

  • Justin George

    postitaja  sees Dubai foorum 

    Since your friend didn't complete 2 years of employment, she may require to get a NOC from her previous employer to change her work. Quitting within contract period may liable to compensate your employer with an amount not exceeding your 45 days' remuneration or you will face an employment ban.

  • postitaja  sees Dubai foorum 

    1. If she transfers to a government corporation, for example Emirates, does she still need an NOC and will there be any ban? Is there a certain salary bracket that she might be required so that there will be no ban?

    -There is no NOC required is she is to work for the government and government owned companies.

    2. Her company is claiming that they will be banned for 1 year plus they need to pay certain 10k AED if they prematurely terminate their contract, is this legal? I mean the 10k AED penalty to be paid? Please be informed that she hasn't signed any written document/contract about her job yet. But their passport has been captured in the company's possession.

    -It is illegal for a company to withhold anyone's passport. You can report this to the police. 1 year ban can be imposed if the employee harmed the company or has done counter-productive or damage to the assets of the company. Please check where the company is registered, is it in free zone or in Dubai Department of Economic Development DED). If it is in the free zone, she can just move to another job with ease. If it is under DED, she will have a 6 months ban, which can be lifted if the new company gives her a higher salary and designation. She must have an attested educational certificate as well. The company can demand 1 and half salary from her for compensation, nothing more.

    3. Any other advice/possible way to get out of her current company and find a new one?

    It is always best to talk to the manager or owner and settle the matter diplomatically. if the workload is too much, take it as a challenge. Look at each problem as an opportunity to gain experience. Persevere and have patient endurance. Honor the contract and allow this to serve as a lesson. Your attitude towards work matters, even if you transfer to a new company, it is always best to check yourself on how you react to adversity.

    If things does not work out with your new company. Ask for divine intervention, seek the Lord first. Then, if it you will have peace in a new company, go and move on. Be a blessing to the new company and make sure to have a positive attitude.

    My brother is in the same situation just like you, he used to work as a yatch crew, with only 1,700 AED salary no rest days in two years. He persevered and endured, now he is in a new company and is earning 4,000 AED with 1 day off a week.

  • Arun Pillai

    postitaja  sees Dubai foorum 

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