Fellow OFWs leave comments in our blog asking if the (1) one year ban they heard circulating around the expatriate community in the Kingdom for quite a time now is true or not.
In my reply(ies), I always emphasized to our commenters/readers that I don’t read any documents such as Saudi government memo that could prove of a 1 year ban for those expatriates who wishes to return back to the Kingdom.
With regards to the issue about NOC (No Objection Certificate), I always give emphasis in my replies that it is very clear in the New Saudi Labor Law that, the employer may put in a condition that the worker shall not, after the termination of the contract, compete with him or divulge his secrets to another and in order for the conditions to be valid, it must be written and defined, in time, place, kind of work and within the necessity to protect the legal interests of the employer (see SLL Art. 83).
It further says that the new law annuls the provisions that conflicts with it (see SLL Art. 244);
and lastly, it states in SLL-Art. 8 that – any waiver or settlement regarding the rights of the workman originating from this law during the validity of the contract, are considered void, unless it is more beneficial for the workman.
Note: Please note that your passport is still subject for visa stamping with Saudi Royal Embassy in our country. Therefore, if an OFW is having existing problem in the Kingdom or he/she is ban to enter the Kingdom then visa stamping is denied.
Today, I went to our Personnel Department and inquire whether there is a labor policy or a memorandum from the Labor Ministry imposing such ban. Well, as I found out there was really a government order issued by the Ministry of Labor but not for those expatriates who left the Kingdom with clean hands. It means – you exited the Kingdom without violating its laws, that includes good relationship with your previous employer.
But watch out – to those who have exit and re-entry visa who did not return back to the Kingdom and have plan to come back with new employer, please “DO NOT” because you are going to be apprehended by the Saudi authorities in the immigration.
United Arab Emirates
United Arab Emirates or UAE that includes Dubai, Abu Dhabi and other member emirates continuously imposed a one year labor ban for expatriates who breaks the terms of their labor contract with the said country. Some other reasons or conditions of the ban are those expatriate workers leaving government jobs, expats who lose a case with the UAE labor ministry against their employer, expatriates who leave their job before the completion of their employment contract and expats who starts a work stoppage, or instigates or participates in such acts.
The good news, UAE’s Federal Supreme Court last week ruled that companies cannot slap a fresh ban on former workers after their old ban expires.
The law allows workers to re-enter the country using a new visa after the end of the first ban, the court said. The ruling came following a case filed by an Indian foreman, 29, against a contracting company where he worked for seven years.
According to the employee, his employer terminated his service because he demanded an increase in salary. The employer then cancelled his residency and imposed a one-year ban on him from the Department of Naturalization and Residency. He was later deported to his country.
After the expiry of the ban, a maintenance firm issued an employment permit for him through which he entered the country and passed the iris scan test. read more >>>> No fresh entry ban after the first one expires