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Effective January 2016, there will be no six-month ban if services are terminated by mutual agreement between the employer and employee and certain other set conditions are met.
“Following the implementation of Ministerial Resolution 766 of 2015 (granting laborers new work permits to move from one facility to another), I expect that there will be far fewer cases where an employment ban is imposed,” Jamie Liddington, Head of Employment at Hadef & Partners, told Emirates 24|7.
“This amendment should substantially reduce the risk of expatriate workers being placed under a labour ban provided they work for at least six months with their employer and lawfully terminate their employment contract,” Thenji Macanda, Senior Associate at law firm Taylor Wessing told this website recently.
Chances that you will be slapped with such a ban have been minimised with this move, but if you fear that one is, or has come your way, you can easily check your status in Dubai.
There are a number of ways in which an employee may learn that he/she has had an employment ban imposed.
“If an employee wants to know whether he or she has had any type of ban imposed, then he or she can go to the Ministry of Labour (for employment ban enquiries) or to the General Directorate of Residency and Foreigners Affairs Dubai (Immigration Department) to make enquiries.
"The employee will need to provide his/her passport to the officials at the MOL/Immigration Department to enable them to check their systems,” says the Hadef expert.
“More often than not, the employee learns that a ban has been imposed either (a) when he/she files a complaint with the Ministry of Labour (usually in relation to the termination of the employment) or (b) when his/her new employer applies to the Ministry of Labour for a residence visa and work permit for the employee who has had the ban imposed,” he further added.
“The MOL can confirm whether there is an employment ban but the Immigration Department can confirm whether an immigration ban has been imposed.
"It is important to distinguish between the two types of ban.
"Immigration bans are often much harder to deal with as they prevent the employee from taking on sponsored employment anywhere in the UAE (free zone or on shore) whereas employment bans only apply on shore (and can be circumvented by taking on a new job with a free zone employer),” elaborates Liddington.
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