Thursday, August 21, 2008

gray area

My reluctance to post over the last week or so can be partly blamed on the somewhat discrepant legal "system" here, particularly as it relates to expats and their labor rights. Basically, there are lots of loop holes that people face when they leave a company and try to switch over to a new position or simply need to leave. As of July 31st, some new laws were put into effect that complicated the legal "understanding" of the labor law even more. Complications are usually more the employer's fault versus the Ministry's fault, which makes everyone's case different.

My situation: I'm officially finished with my current employer as of the end of the month (woohoo!). Mind you, the experience has been incredible and the friendships I've made and bridges I built were well worth the sacrifices I made along the way, etc etc. In the end, however, as most people quickly find when they arrive to the UAE, there are so many opportunities to grow in this market and usually your first working experience here is a stepping stone to assimilate to the culture, get to know the place, scratch below the surface, and move into something more fulfilling.

As lovely as this sounds and complies to the normal progression of a growing professional in the US, things don't really play out as easily on my side of the pond.
Namely:
1. When you switch jobs here, you are immediately subject to a 6 month or one year labor ban. This means that you can enter the country as a tourist, but you are prohibited from legally acquiring a work visa for the ban period.

2. Upon cancellation of your work visa, you have 30 days to leave the country. Upon returning, you resume tourist status and are limited (as of July) to a 30 day stay

3. You can get around the so-called "ban" by requesting a Non Objection Certificate (NOC) from your current employer to transfer your visa status to a new sponsor, but the chances of this happening are slim.

4. The only way to jump into a new job with no "ban" limitation and no "NOC" in hand involves getting sponsorship from a company located in one of the "free zones" which operate under their own employment and labor contracts (Jebel Ali Zone, Dubai Airport Zone, Dubai Media City Zone, etc).

Let's just say that I'll never take that delightful 2-week notice period for granted if I'm back home and feel like jumping jobs in a week's time.

Trying to understand how this whole process works takes a bit longer than swallowing 4 bullet points. Here's what's been "auto-filling" my web browser for the past couple weeks. Consistent with the UAE culture in general, you can't really get a straight answer even if you ask for one point blank. There's no black and white, yes or no, underlined and written on paper definition no matter how hard you look...
Official UAE Labor Law
Ask the Law
Legal Q&A

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