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The Ministry of Labour, on Friday, issued regulations allowing workers who finish their contracts to obtain new work permits without undergoing the six-month work ban, and allowing them to move to other firms without the employer's approval from January 1, 2011. (FILE)
The new regulations concerning the abolition of the six-month work ban and the removal of the need for a no-objection certificate has left expatriate communities confused.
The news has also resulted in workers in some sectors resigning from their jobs.
According to a clarification issued by the Ministry of Labour in Arabic daily Al Emarat Al Youm on Monday, “There is a misunderstanding among communities in the UAE, and workers in particular, as a result of the news being reported in different languages”.
The ministry noted: “Workers who are contracted on fixed-term contracts cannot breach the contract and resign on grounds that they have completed a period of two years. If those workers are called to cancel their labour cards they will be subjected to a one-year ban according to terms of the contract. But if the contract is of an indefinite duration, and two years have been completed with the sponsor, they have the right to change their job without objection.”
Mass resignations
Meanwhile, some employers were quoted as saying that workers have spent much of their work time watching the news and surfing the web in Urdu, Hindi, Persian and other languages.
The owner of a fashion company said four workers from a total of six working in her company resigned after the news broke.
She reported that she then contacted the legal adviser of the Ministry of Labour, but did not get a clear answer to her inquiries.
According to Mohammad Omar, owner of a typing centre in Abu Dhabi, workers in his office had printed the new procedures and pasted them on the wall inside the office.
The Ministry of Labour, on Friday, issued regulations allowing workers who finish their contracts to obtain new work permits without undergoing the six-month work ban, and allowing them to move to other firms without the employer's approval from January 1, 2011.
A worker with an expired contract can obtain a new work permit and shift to another employer without the passing of the currently legitimate six-month period and consent of his sponsor, according to the new resolution issued by the Minister of Labour Saqr Gobash.
The new regulations on conditions and criteria of issuing new work permit for a worker after the expiry of his service contract and transfer of sponsorship will take effect as of January 1, 2011 in implementation of the cabinet resolution No 25 of 2010 regarding internal work permit at the Ministry of Labour.
Once operational, the new regulations will replace the current formalities of transfer of sponsorship for expatriate workers.
The resolution says that the new employment permit will only be granted to the worker after the end of his work relationship with his employer without consideration of the legitimate six month period which is usually calculated after the cancellation of the worker's labour card.
But it stipulates two must-do conditions. first, the two contracting parties must have ended their work relationship cordially and secondly, the worker should have worked with his employer for two years at least - the duration of the new labour card which will be issued by early January.
The resolution defines two cases where the worker can obtain the new work permit after the end of the contractual relationship without the agreement of the two contracting parties.
First, when the employer fails to honour his legally or contractual obligations. Second, in the condition of expiry of work relationship where the worker takes no responsibility and such a complaint filed by the worker against his firm.
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