Tuesday, 21 December 2010

New Rule Marks end of no-objection certificates - UAE

http://gulfnews.com/news/gulf/uae/employment/new-rule-marks-end-ofno-
objection-certificates-1.732839

New Rule Marks end of no-objection certificates
Workers who complete at least 2 years of contract period will not need
former employer's consent to switch jobs.
By Samir Salama, Associate Editor Published: 00:00 December 20, 2010
Professional and skilled workers in three categories will also be exempt
from the six-month ban.Image Credit: Megan Hirons Mahon/Gulf NewsAbu
Dhabi: Beginning January 1, 2011, foreign workers switching jobs will not
need a no-objection certificate from former employers as the Ministry of
Labour will make the decision, a senior official said on Sunday.
Humaid Bin Deemas, Acting Director-General at the Ministry of Labour, told
Gulf News that once a labour contract ends or is terminated legally, the
Labour Ministry will have the authority to allow workers to take up new jobs
without the consent of former employers or the no-objection certificate.
"Workers, skilled and unskilled, who end their job contracts legally and
complete at least two years of service, will get a labour permit outright," he
said.
Previously, workers had to complete at least three years of service with the
previous employers and had to obtain a no-objection letter to avoid a ban.
Professional and skilled workers in three categories will also be exempt
from the six-month ban, according to Bin Deemas. Categories
He estimated that these three categories (the first category covers skilled
workers with university or post-graduate degrees, the second those with
less than university degrees and the third category covers those with high
school degrees) comprise 800,000 workers.
In the case of unskilled and semi-skilled workers, a company failing to
honour its legal or contractual obligations will lose the right to stop them
from getting other jobs. This includes not paying salaries for 60 days and
not providing proper accommodation.
Workers can also take up new jobs if the employer stops the business for
economic or technical reasons and these workers report the closure to the
Labour Ministry within 60 days.
Bin Deemas said "it is not the employer's right to approve or disapprove
switching of jobs. It is his right that workers complete the job contract in
the event of contracts with limited period."
By Samir Salama, Associate Editor Gulf News

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