How to Switch Jobs in the UAE Without a Work Ban

How to Switch Jobs in the UAE Without a Work Ban

Changing jobs in the UAE is an exhilarating yet challenging journey. Whether you are willing to find a job with better career bonuses, higher pay, or an improved working condition. Then switching jobs calls for careful strategizing and compliance with the labor regulations of the UAE. Awareness of what visas you need, and how long you must give notice will allow you to switch jobs. How to go about changing jobs on a work visa in the UAE, this all-inclusive guide explains all the measures you need to take.

Reasons for Changing Jobs in the UAE?

The UAE is a business epicenter and there are many readily available jobs in multiple sectors in Dubai and Abu Dhabi. Job hunters may have different ideas driving them to seek new jobs, for instance:

Advancement

The new work can provide better career advancement. It gives you the chance to learn new skills, and so forth.

More Money & Better Benefits

A large number of employees move to a new company to negotiate a more appreciated salary. It may also offer additional benefits such as medical, and travel allowances.

Better Way of Working

Because of the friendly work environment; employees feel that there is less work pressure.

Personal Circumstances

Family relocation, change of lifestyles, or pursuit of personal growth may be the reason.

The job-changing process can bring great rewards. However, complying with the labor laws of the UAE will help the transition be both obstacle and lawful.

Key Features of the UAE Labor Laws

The Federal Decree-Law No. 33 of 2021 is the authoritative document mainly regulating the labor laws in the UAE. These laws are intended to ensure the protection of the rights of the employees as well as those of the employers. Presented below are some legal aspects that are worth being conscious of when finding another job:

No-Objection Certificates (NOC)

Most of the time NOCs are no longer required by many professionals who want to change jobs.

Employment Agreements and Notice Periods

There are statements on contracts that prove the notice period you are bound to give.

Please check all non-compete clauses that are included in the contract. As it may restrict your company from joining work.

Probation Periods Management Rules

Shifting jobs while you are still on your probation may require compensation. It is from your new employer to pay compensation to the previous one.

Gratuity & End-of-Service Benefits

The gratuity is a payment that an employee who has completed more than one year of service is entitled to. It is based on their length of service.

Abiding by these legal procedures, you can avert any fines and penalties.

Eligibility to Change Jobs on a UAE Work Visa

Before commencing the process of changing jobs, be sure that you qualify for your visa to do it.

Valid Work Visa: Your existing visa must be valid throughout the transition period.

Notice Period Compliance: You should determine your notice period as per the contract terms.

No Pending Legal Disputes: Ensure you have no unresolved disputes with your current employer.

Skill & Qualification Alignment: The new position should be a match for your skills and professional qualifications.

Pro Tip: To prevent misunderstandings, keep the lines of communication open between your current and prospective employers.

A Step-by-Step Guide to Changing Jobs in the UAE

Step 1: Review Your Employment Contract

Take into account your resignation terms, notice period, and gratuity entitlements.

Search for any restrictions, such as non-compete clauses, that may affect your relocation.

Step 2: Submit Your Resignation Professionally

You should send your letter of resignation to your employer in writing.

Observe the notice period in your contract (30-90 days).

Step 3: Coordinate with Your New Employer

The new employer should provide you with an offer letter and get started on the work permit process through MOHRE (Ministry of Human Resources and Emiratisation).

Step 4: Cancel Your Current Work Visa

Your employer must cancel the work visa application.

Fix all the monetary issues which include salaries, gratuity, and benefits before the visa cancellation process.

Step 5: Apply for a New Work Permit

Once your visa is canceled, your new employer will request a work permit.

The process includes getting labor approvals and obtaining a new residency visa under the new company’s sponsorship.

Step 6: Update Your Emirates ID

You will get a new residency visa form and this requires a unique Emirates ID.

You must visit an authorized center for biometrics verification and processing.

Documents for Job Transition

Prepare the following documents to ensure a smooth transfer:

  •  Passport (original and copies)

  •  Emirates ID

  •  Current Employment Contract

  •  Resignation Letter

  •  Offer Letter from New Employer

  •  Labor Card (if applicable)

What Happens to Your Current Visa?

After your resignation, your employer will start the visa cancellation process. He does this by paying dues like salaries, benefits, and gratuities. It is in a way or form, a collaboration between you and your previous employer to fulfill their required tasks for the visa cancellation.

Visa Cancellation Request: The employer submits a cancellation request to MOHRE.

You often get a 30-day grace period when you must get a new visa or leave the UAE after cancellation.

Important: If you stay beyond the grace period and you don't have a valid visa, this could lead to fines, deportation, or an employment ban.

How to Avoid a Work Ban in the UAE

It is no longer difficult for an employee to switch jobs without the fear of breaking any laws. However, it is very important to keep things legal and to maintain a clean record of work.

As per Federal Law No. 8 of the UAE Labor Law, workers can bring up the matter of their transfer to a different employer legally after they have been in their job for two years with their current employer.

If there is a labor ban in the records, any work permit request will be turned down. However, Ministerial Decree No. (766) of 2015 states that such a ban can be lifted under some particular conditions. Workers who meet any of the ensuing conditions might be issued a work permit without being subjected to a ban:

Exclusions from a Labor Ban for Limited Contracts

A prohibition will not be applicable if:

  • The contract has reached the time limit and is not extended.

  • By mutual agreement, the two opposites would like to terminate the contract. But at least one of the parties needs to have served more than six months.

  • The employee who has run the work for a period not less than six months is released due to the absence of a valid reason.

  • The contract is annulled within the renewal period, which means that:

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    The party terminating the contract must give proper notice.

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    The party terminating the contract must compensate the other party for the early termination.

Exclusions from a Labor Ban for Unlimited Contracts

A ban will not be applied if:

  • The agreement is ended by mutual consent, and the worker has been in service for at least half a year.

  • The employee has carried out the notice period by their contract and UAE Labor Law.

  • The employee has been with the company for six months and they are rendered without a valid reason.

Transition Tips

Switching jobs can be fun, if well planned. Use these strategies to survive the transition with ease:

Plan Ahead: Begin your change of work process well before your visa runs out.

Stay Professional: Keep good relationships with your current and future employers.

Keep All Documents Handy: Having multiple copies of your necessary documents is a must.

Know Your Rights: Learn the labor laws in the UAE to protect yourself.

Communicate Openly: Disclose the truth with both employers which helps in avoiding misunderstandings.

Final Thoughts

Making such a drastic career change in the UAE demands painstaking observation of legal procedures. With an understanding of labor law, visa rules, and professionalism, you can get through with no work bans.

Should you decide to take an upward move in the UAE, this guide will help make the switch to your new position smooth and stress-free. Good luck with your job change!

FAQs

Can I switch jobs in the UAE without a work ban?

Yes, if you follow UAE labor laws and complete your notice period.

Do I need an NOC from my employer to change jobs?

No, an NOC is no longer required in most cases.

What is the standard notice period in the UAE?

It is usually 30 to 90 days, depending on your contract.

Can I switch jobs during my probation period?

Yes, but your new employer may have to compensate your current employer.

Am I entitled to gratuity if I resign?

Yes, if you have worked for more than one year.

How long do I have to find a new job after visa cancellation?

You typically get a 30-day grace period.

What happens if I don’t secure a new visa within the grace period?

You may face fines or legal consequences.

 

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