Local law re employment

[Chilli]

Right, lets just say that person A worked for Person B. All was good, till the company was all but shut down by the law, so Person A started looking for a new job. However, 2 years continuous service hadn't been reached and person A has now got a new job. Thing is person B won't issue the NOC or cancel the visa till person A signs a stupid, found on the internet, form that states that person A won't work in the same field for 2 years AFTER termination date.

Person A is not going to sign this,........so what are the consequenses??!!

[yorky500]

Surely if the "old" Company was shut down, through no fault of hers, why should the ex-owner want to block her from working for a similar Company.

I would take this up to the Labour Department ASAP.

[Asterix]

All bullst mate.

Unless it was stated in their initial employment contract, which was made legal by being translated to Arabic and notarised of course, they can't stipulate it now.

Start legal stuff and they'll soon back down.

[Chilli]

Thanks gents.

Jmaes, the Mrs wrote her own contract (adapted the one she was given) and it certainly was never translated into Arabic. To clarify, the business hasn't completely closed, but 75% of operations have been closed down by the Municipality as the owner didn't have any permission to build buildings and use the public park etc from then (it's leased land).

Thanks again.

[mcbook]

Chilli

It's all become rather simple this year. NOC letters are basically not required to change jobs anymore: if you have a degree and the new company is offering you more than AED 12,000 pcm you can change company after 1 week, never mind the 2 years that it used to be.

[Chilli]

mcbook said:

Chilli

It's all become rather simple this year. NOC letters are basically not required to change jobs anymore: if you have a degree and the new company is offering you more than AED 12,000 pcm you can change company after 1 week, never mind the 2 years that it used to be.

Really? Even to a direct competitor? Don't suppose yo uhave a link to thid do you? We've searched the Gov sites, but it doesn't offer a lot!

Many thanks.

[mcbook]

Chilli said:

Really? Even to a direct competitor? Don't suppose yo uhave a link to thid do you? We've searched the Gov sites, but it doesn't offer a lot!

Many thanks.

I'll try to hunt down a link but you know what it's like here... very difficult to find these things on an official website. But rest assured that it's correct - I work in HR and we've had people leave (and join) this year because of this rule. Our PRO dept no longer issues NOC letters for employees who have resigned because they are not necessary.

If there is a non-compete clause in her contract she may have some issues but from what you have said above, she is only now being asked to sign this.

[mcbook]

http://www.dubaifaqs.com/labour-law-uae.php

"Or, there are 3 situations in which a worker can get a new work permit even if s/he has been employed less than 2 years. First: When joining his new job, the worker should be classified in the first, second or third professional class and that his new salary should not be less than Dh 12,000, Dh 7,000 and Dh 5000 if he is in the first, second and third class respectively."

This is the relevant bit under the section "New Law for NOC and Ban Period in UAE".

[Chilli]

mcbook said:

http://www.dubaifaqs.com/labour-law-uae.php

"Or, there are 3 situations in which a worker can get a new work permit even if s/he has been employed less than 2 years. First: When joining his new job, the worker should be classified in the first, second or third professional class and that his new salary should not be less than Dh 12,000, Dh 7,000 and Dh 5000 if he is in the first, second and third class respectively."

This is the relevant bit under the section "New Law for NOC and Ban Period in UAE".

If I've understood this bit....You sir, are a Genius!!! Many, many thanks.