Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
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Beginning January 1, 2011, skilled and professional foreign workers in the United Arab Emirates (UAE) will no longer need to obtain a no-objection certificate from their former employer in order to take a new position elsewhere, reports The National. Instead, the only requirement will be to obtain a visa stamp from the Ministry of Labour. The change is significant: previously, employers could refuse to issue a no-objection certificate, which forced workers to exit the UAE for six months before they could take a new position.
As for unskilled and semi-skilled workers, the employer’s consent is required for a worker to change jobs, but only during the first two years of employment. Also, the consent requirement is waived if the employer does not meet basic employment standards.
The new regulations, intended to improve the labor market and discourage wrongful employment practices, were welcomed by foreign workers. Unfortunately, because many workers access news in languages other than the official Arabic (e.g., Urdu, Hindi, Farsi), some misinterpreted the regulations and breached their contracts by resigning prematurely, according to Emirates 24/7 News. As a result, the Labour Minister clarified the new regulations as follows:
“Workers who are contracted on fixed-term contracts cannot breach the contract and resign on grounds that they have completed a period of two years. If those workers are called to cancel their labour cards they will be subjected to a one-year ban according to terms of the contract. But if the contract is of an indefinite duration, and two years have been completed with the sponsor, they have the right to change their job without objection.”
In order for a worker to move to another employer, the employment relationship must cease cordially, after having lasted at least two years. However, a worker may unilaterally obtain a new work permit without these conditions being met if: (1) the employer fails to honor its legal or contractual obligations, or (2) the employment ended without any fault on the worker’s part.