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Discussion Starter #1
Hello,

I wanted to know if you could provide me with some information related
to changing my job.

I have been working for a company in Dubai Internet City for the last 3 months .

I am still under my probationary period.

Can I change my job to another company that is based in DIFC?

The new company is not a competitor with my company.

My current employer has also kept my passport, which I have read is
illegal under TECOM law?

Could you tell me if it would be possible for me to take up the new
job, without any ban being imposed?

Kind Regards
 

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There is no ban as you don't deal with MOL.
Not sure how it works for the same Free Zone thou as the Authority regulating the Labour is the same. You may want to give them a call and check yourself.
Keeping the passport is illegal everywhere, not only in the freezone, that doesn't mean it's not happening.
 

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There is no ban as you don't deal with MOL.
Not sure how it works for the same Free Zone thou as the Authority regulating the Labour is the same. You may want to give them a call and check yourself.
Keeping the passport is illegal everywhere, not only in the freezone, that doesn't mean it's not happening.
The ban with the MOL is the six month "Job Ban" - you can re-enter the UAE, and apply for jobs and be employed in any of the free zones without any issue. This ban only affects you if get selected to companies coming under the jurisdiction of the Ministry of Labour - for which you will have to wait for 6 months from the date of cancellation of the Labour Card (not 6 months from the date of exit from the UAE).

It would be better if ishark makes sure that there are no clauses/ provisions in the contract that obligates you to complete a certain number of months (or years) with the company. If there is such a provision, the company request the respective Free Zone Authority to impose a ban. Please be careful as this ban will be for one year, and as it is an immigration ban - you will not be able to re enter the UAE for a period of one year from the date of exit from the UAE. .

So please refer carefully to your labour contract, and clarify with any PRO regarding the difficulties of resigning within the six months period (from the date of joining the company).
 

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Negative

Ministerial Resolution No. (1186) of 2010 on the Rules and Conditions of Granting a New Work Permit to an Employee provides that once the labour relation has been terminated, the MOL is enabled to issue a permit to an employee which allows them to move to another employer without the application of the six month ban.

Practically, this allows for the immediate transfer of sponsorship provided that the termination was: one, consensual; and two, that the employee had spent at least two years of service with the first employer.

There are four exceptions to the consensual termination requirement above: i) the employer has breached any of its legal or contractual obligations; ii) the employee has filed a complaint with the MOL due to the establishment’s closure; iii) the employee has filed a labour claim with the Dubai Courts; or iv) the employer’s unilateral termination or non-renewal of employment.

The necessity that the employee must have spent at least two years with his previous employer to avoid the six month ban is avoided if: i) the employee joins the first skill level earning at least AED12,000, the second skill level earning at least AED7,000 or the third skill level earning at least AED5,000; ii) the employer is in violation of its legal obligations towards the employee or the employee is not the cause of the termination; and finally iii) the employee moves to an establishment which is owned by the first employer or if the employer is a shareholder in that establishment.
 

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I working with a company which is under MOL and currently in probation period but they depend on me a lot and I'm looking at considering an offer from another company based in Media City which I presume is a Free Zone.
My questions requires a detailed explanation on the below;
a) If I move to a free zone will the current company have the option of placing a 1 year ban?
b) Is it really simple to put a ban for 1 year?
c) I'm willing to serve the 30 day notice period but would not like to burn bridges with the employer so that I can get an NOC from them.
d) If I've a 6 month or 1 year ban from MOL, will this cause a problem to get a new employment visa from a Free Zone Company.

Please advice as soon as possible as the more reports and news I read, I'm just getting confused on what precautionary methods I would need to adopt.

Regards,
BNS
 

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There's a full version of UAE Labor law available online and lots of forum info available on the Web. Bans are somehow based on the individual's highest qualification and salary level, but I believe in practice it has more to do with your previous/current employer and whether you leave on good terms and or they are inclined to be difficult or vindictive..
 

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There's a full version of UAE Labor law available online and lots of forum info available on the Web. Bans are somehow based on the individual's highest qualification and salary level, but I believe in practice it has more to do with your previous/current employer and whether you leave on good terms and or they are inclined to be difficult or vindictive..
Should have added that my understanding why some free zones are the exception and not affected by 'bans' is because some FZ are independent of Ministry of Labor - eg Tecom operates under MoL, DMCC (among others) I'm pretty sure has their own system and not directly connected to MoL. This might have changed though
 
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