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UAE Ministry of Labour Wave the Two-year Waiting Period for Sacked Workers

UAE : 27 February 2011

Employees who have been fired by their employer are able to obtain employment at another firm without waiting for the two-year period stated in a new law which allows conditional transfer of sponsorship in the UAE. An official from the Labour Ministry confirmed this change over the weekend.

The Labour Ministry has been allowing the visa transfers of numerous employees that were sacked from their positions before maintaining that employment for the obligatory two years. Also, these employees were not working within the three categories of jobs where sponsorship changing was allowed.

Director of Labour Affairs at the Labour Ministry, Humaid bin Dimas, stated that since this new law was put in place at the beginning of 2011 the Labour Ministry has approved the applications of many employees looking to switch companies, despite the fact that these employees had not been there two year and were not working within the three categories that currently allow for switching.

Dimas spoke to staff at print media Emarat Al Youm and noted that the workers approved were not involved in any type of disputes with those initial sponsors. The Ministry approved the applications once it was proven that the workers involved had been sacked through no fault of their own.

Dimas also noted that certain applications had been denied due to the fact that the employees had not reported to the ministry within the two-month time frame. Workers must report to the Ministry after they employment is terminated or the company operations are shut down. They have a two-month window to do so.

The ministry official commented that the people involved in these cases are illegally residing in the nation. Dimas stated that this is the sole reason the Ministry would reject an application since it is not willing to be in violation of the UAE laws and regulations.

According to Dimas, it is up to the Ministry to decide whether the termination is the fault of the sacked employee or the employer.

Employees have the chance to appeal to the undersecretary of the ministry or to the minister directly if they do no feel that the decision was fair.

Paul Holdsworth, Staff Writer, Gulf Jobs Market News
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