Bans while on Probation

[mayotom]

It is very likely that my current company will be letting me go over the next 4-6 weeks due to a downturn in business, however I have only worked there since early October and had my Visa Stamped in late November.

The issue is that from my research I have found that because I'm still on probation the Labor office will ban me from working elsewhere, However it appears to be possible to have this ban lifted

Dose anybody have experience of this,
how long is the ban?
How can I have the ban lifted?
what will it Cost?

Thanks a mill guys!!!

[crazymazy1980]

Originally Posted by mayotom

It is very likely that my current company will be letting me go over the next 4-6 weeks due to a downturn in business, however I have only worked there since early October and had my Visa Stamped in late November.

The issue is that from my research I have found that because I'm still on probation the Labor office will ban me from working elsewhere, However it appears to be possible to have this ban lifted

Dose anybody have experience of this,
how long is the ban?
How can I have the ban lifted?
what will it Cost?

Thanks a mill guys!!!

Sorry to hear about your impending situation.

A lot of companies are facing the similar issue of a downturn in business but where they have to let people go they are holding the visas open until the person has found a job.

Provided your company is willing to sign a no objection letter (NOC) and do not apply for a labour ban I don't think that you will have a problem. I would go to your company's HR dept and make sure that on your termination paperwork is says that you were made redundant as opposed to failing to fulfil your probation period then that will negate any issues with.

An employer can apply for a ban on the following cases

• Absconded labourers.
• Labourers who quit their jobs without a notice as per the Federal Law Article 129.
• Labourers who break the limited contracts as per Federal Law Article 129.
• As per Article 120 from the Federal Law and the Management Memo’s No.15 for the year 1982.

The emboldened one is in reference to Article 120 which is below:


An employer may dismiss a worker without notice if and only if the worker:

• Assumes a false identity or nationality or submits forged certificates or documents.
• Is engaged on probation and is dismissed during or at the end of the probationary period;
• commits a fault resulting in substantial material loss to the employer, provided that the latter notifies the labour department of the incident within 48 hours of his becoming aware of its occurrence;
• disobeys instructions on the safety of work or workplace, provided that such instructions are in writing and posted at a conspicuous place and are communicated verbally to the worker, in case he is illiterate;
• defaults on his basic duties under the contract and fails to redress such default despite a written interrogation and a warning that he will be dismissed if such default is repeated;
• is finally convicted by a competent court of a crime against honour, honesty or public morals
• reveals any confidential information of his employer;
• is found in a state of drunkenness or under the influence of a narcotic drug during working hours;
• assaults the employer, the manager in charge or any of his workmates during working hours; or
• absents himself from work without a valid reason for more than 20 non-successive days in one single year, or for more than seven successive days.

They could ban you and if so then the ban is usually 6-12months. It doesn't appear that there is an official appeals process so I would make sure that they

1. Don't cancel your visa before the probation period they have set
2. Don't apply for a ban
3. Provide you with a NOC - if you have this then there will be no ban

HTH

[stevieboy1980]

Massey your like a book of knowledge...either that or you have time to surf the net :-P

[mayotom]

Originally Posted by crazymazy1980

Sorry to hear about your impending situation.

A lot of companies are facing the similar issue of a downturn in business but where they have to let people go they are holding the visas open until the person has found a job.

Provided your company is willing to sign a no objection letter (NOC) and do not apply for a labour ban I don't think that you will have a problem. I would go to your company's HR dept and make sure that on your termination paperwork is says that you were made redundant as opposed to failing to fulfil your probation period then that will negate any issues with.

An employer can apply for a ban on the following cases

• Absconded labourers.
• Labourers who quit their jobs without a notice as per the Federal Law Article 129.
• Labourers who break the limited contracts as per Federal Law Article 129.
• As per Article 120 from the Federal Law and the Management Memo’s No.15 for the year 1982.

The emboldened one is in reference to Article 120 which is below:


An employer may dismiss a worker without notice if and only if the worker:

• Assumes a false identity or nationality or submits forged certificates or documents.
• Is engaged on probation and is dismissed during or at the end of the probationary period;
• commits a fault resulting in substantial material loss to the employer, provided that the latter notifies the labour department of the incident within 48 hours of his becoming aware of its occurrence;
• disobeys instructions on the safety of work or workplace, provided that such instructions are in writing and posted at a conspicuous place and are communicated verbally to the worker, in case he is illiterate;
• defaults on his basic duties under the contract and fails to redress such default despite a written interrogation and a warning that he will be dismissed if such default is repeated;
• is finally convicted by a competent court of a crime against honour, honesty or public morals
• reveals any confidential information of his employer;
• is found in a state of drunkenness or under the influence of a narcotic drug during working hours;
• assaults the employer, the manager in charge or any of his workmates during working hours; or
• absents himself from work without a valid reason for more than 20 non-successive days in one single year, or for more than seven successive days.

They could ban you and if so then the ban is usually 6-12months. It doesn't appear that there is an official appeals process so I would make sure that they

1. Don't cancel your visa before the probation period they have set
2. Don't apply for a ban
3. Provide you with a NOC - if you have this then there will be no ban

HTH

Thanks Mate,

The way that they have done things for my ex collegues is to ask them to resign and they would issue the NOC at that time.

The company will not try to ban me as they have no reason to and will even help with looking for new jobs. however the issue is that I have been hearing that the Labour department will issue a ban because I have not been in the company for more than one year.

I just cant find anymore info on this

[stevieboy1980]

I know people who left a company within a year, they received no bans.

I cant see any reason why you would get a ban!??!?!!? other than one of the reasons that was listed above...

[Andy Capp]

Doesn't it also not depend on whether it's a free zone company or an LLC?

[Alfie Moon]

Originally Posted by Andy Capp

Doesn't it also not depend on whether it's a free zone company or an LLC?

Yes it does depend on the Visa type, as I just found our with one of my vendors who threatened to Ban 9 contactors who were on freezone Visas. If it’s a freezone visa then the ban can only apply to that zone but I doubt that’s the case above. It can also be appealed. I suggest the advice is followed and make sure the HR Team do the right paperwork...