Question
I worked for a company under my husband's sponsorship and quit the job after 18 months. During the cancellation of my labour card, I came to know that I was imposed a ban for one year. Does it mean that I cannot accept a job until a year is over? My prospective new employers told me that the ban cannot be lifted even if they offered me a decent salary and even though I have a Bachelor's degree/diploma. I tried to get a No Objection Certificate from my previous employer but they did not respond. When I called the Ministry of Labour, the staff said it is impossible to lift the ban. Is there a ban for women working under husband's sponsorship? And what is the best possible way to lift the ban and start working again?
Answer
It is noted that you have been imposed a labour ban as you had terminated your employment of your own volition after 18 months of service.
Pursuant to your question it may be noted that upon imposition of a labour ban, a new work permit is not issued by the Ministry of Labour for the period that the ban remains operative. As in your case, the employment ban is for a duration of one year, a new work permit may not be issued to you for the same period.
However, it may be noted that employment ban may be lifted if you are being offered a salary which corresponds to your educational qualifications. This is in accordance with the provisions of Article 4 of the of the Ministerial Resolution No (1186) for 2010 on - "Rules and Conditions of Granting a New Work Permit to an Employee after Termination of the Work Relationship in Order to Move from One Establishment to another" which read as follows:
"As an exception to the provision of Item No. (2) of Article (2) of this Resolution, the Ministry may issue a work permit to the employee without requiring the two year period in the following cases:
a. In the event that the employee is starting his new position at the first, second or third professional levels after fulfilling the conditions for joining any of these levels according to the rules in force at the Ministry, and provided that his new wage is not less than Dh12,000 at the first professional level, Dh7,000 at the second professional level and Dh5,000 at the third professional level.
b. In the event that the employer violates his legally stipulated obligations to the employee, or in the event that the employee is not the cause for terminating the work relationship as mentioned in Article (3) of this Resolution.
c. In the event that the employee moves to another establishment owned solely or jointly by the same employer."
Pursuant to the foregoing, if you are holding a bachelors' degree which is duly registered and attested in accordance with the prevailing regulations of the UAE, then in accordance with your educational credentials you must be offered a minimum salary of Dh12,000 in your subsequent employment.
Further it may be noted that a letter of no-objection from your previous employer for you to join another employer, would have been effective if the same was submitted at the time of cancellation of your employment contract. However, since the employment ban is already in place, a letter of no-objection from your employer may not be effective any longer.
Subsequently, it may be noted that labour bans may also be imposed on women residing in the UAE under their husbands' visa sponsorship, if they seek to terminate an existing employment contract before the completion of two years of continuous employment.
The resolution of your problem would be to secure an employment where you are being offered a salary, which corresponds, to your educational qualification as stated hereinabove. Alternatively, it is learnt that labour bans are usually not effective within the jurisdiction of the various free zones operating in the UAE. Pursuant to this you may also look for prospective employment in any of the free zones, or with an entity, which may provide you with a free zone visa sponsorship.
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