More Clarification on Limited Contract..Nurses are exempted from any sort of ban

Q.Sir Nurses are exempted from ban even if I am cancelling in probation period ?

Ans.
It is assumed you are on a six-month probation period with your employer. Since you are on limited duration employment, you may have to compensate your employer with 45 days of remuneration in case you decide to resign. Article 116 of Federal Law No. 8 of 1980 on the Regulation of Labour Relations (Labour Law) states: "Where a contract is revoked by the worker for reasons other than those specified in article 121, he shall be required to compensate the employer for any prejudice the latter sustains as a result; provided that the amount of compensation shall not exceed half the worker's remuneration for three months or the residual period of the contract, whichever is shorter unless the contract contains a provision of the contrary."

Further, Article 128 of Labour Law states: "Where a non-national worker leaves his work without a valid reason before the expiry of a contract for a limited period, he may not, even with the employer's consent, take up other employment for one year from the date on which he left his work. It shall not be lawful for any other employer who is aware of the fact to recruit such worker or keep him in his service before the expiry of such period." It may also be noted that labour bans may not be imposed in cases where the employer and the employee have mutually agreed to the termination of the contract in accordance with Article 130 of the Labour Law which reads: "The provisions of article 128 and 129 shall not apply to a non-national worker who, before taking up other employment, obtains the authorisation of the Minister of Labour and Social Affairs with the approval of the original employer."

Subsequently it is advised that since you are a nurse holding a nursing degree, a labour ban may not be imposed upon you as nurses have been categorised in the list of professionals who may not have to face a labour ban. This is in accordance with Article 2 of the Ministerial Order No. 13 of 1991 on 'The organisation of the transfer of sponsorships of non-national labours the rules governing the same' which states: "Non-national labourers may be allowed to transfer one job to another and hence transfer of their sponsorship of they fall under the following categories:

a) Engineers

b) Doctors, pharmacists and male and female nurses

c) Agricultural guides

d) Qualified accountants and account auditors

e) Qualified administrative officials

f) Technicians operating on electronic equipment and laboratories

g) Drivers who are licensed to drive heavy vehicles and buses."

However, in the event, a ban is imposed, you may subsequently have it lifted on the basis of your qualifications. Also, you may have the ban lifted if your subsequent job provides you the required salary for non-imposition/lifting of a labour ban.

The salary requirement are in accordance with Article 4 of the Ministerial Order No. 1186 of 2010 which states: "As an exception to the provision of Item No. 2 of Article 2 of this Resolution, the ministry may issue a work permit to an employee without requiring the two year period in the following cases:

a) In the event that the employee is starting his new position in the first, second or third professional levels after fulfilling the conditions for joining any of these levels as per the rules of 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."

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