Kafala & Employer Transfer in UAE
Reviewed by the Commoner Law Editorial Team. Sourced from UAE federal decrees, laws, and ministerial decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
The blunt fact: the UAE still runs a sponsorship-based system. Saudi Arabia killed kafala outright in October 2025; the UAE has chipped away at it through reform after reform but kept the bones. Your work permit is still issued to one employer. Your residency is still hooked to the job. What changed in 2021 was how easily you can move between sponsors — and the answer now is: easier than at any time in the country's history.
- What changed under FDL 33/2021: all contracts are now fixed-term (the old unlimited/open-ended category is abolished). The legal distinction between limited and unlimited contracts for gratuity purposes is gone. And — critically — the old 1/3 and 2/3 gratuity cuts for early resignation were abolished on 1 February 2023.
- No NOC required to change jobs. Under FDL 33/2021, workers can resign and move to a new employer without a No Objection Certificate, provided notice requirements are met. The old practice of needing the current employer's written permission is gone on the books — though you may still encounter employers who demand one out of habit or leverage.
- Notice periods: employer minimum 30 days, maximum 90 days; employee minimum 30 days, maximum 90 days. The exact figure is set in your contract. During probation (max 6 months) either party may terminate without notice under specific conditions.
- Early termination of a fixed-term contract: an employer ending a fixed-term contract without valid reason owes the worker wages for the remainder of the term; a worker doing the same may owe the employer compensation.
- Direct transfer without employer consent is permitted when: the employer fails to meet contractual obligations (unpaid wages, unsafe conditions); disciplinary action against the worker is found abusive; the worker reports the employer to MoHRE for a labour violation; or abusive/health-endangering conditions are documented.
- Absconding reports still exist. Employers can file "absent from work" reports that carry serious consequences. Human Rights Watch (2024) documented continued use of false absconding reports — keep your paper trail strong if you are in dispute.
- Passport confiscation is prohibited. HRW's 2024 reporting notes the practice continues, particularly for domestic workers — but it is unlawful and grounds for transfer without consent.
- FDL 9/2024 (effective 31 August 2024) raised fines to AED 100,000–1,000,000 for serious violations, including unauthorised employment and non-settlement of entitlements on business closure.
- All contracts must be registered on MoHRE's digital platform. An unregistered contract is itself a violation by the employer.
Worked example. Priya, a nurse in Dubai, is 18 months into a 2-year fixed-term contract and gets a better offer. She resigns in writing with 30 days' notice (the minimum her contract permits, within the 30–90 day federal range). She does not need an NOC. Her new employer submits a work-permit transfer via MoHRE. Once notice is served and the transfer is approved, her residence visa transfers to the new employer. She does not need to exit the UAE.
When does it apply?
- You are an expatriate private-sector worker in the UAE (mainland) under FDL 33/2021.
- Your work permit is issued through MoHRE and tied to a specific employer-sponsor.
- Your current contract is fixed-term (all post-2022 contracts are — unlimited contracts are no longer issued).
- DIFC and ADGM free zones operate their own employment regimes — transfer rules there differ.
- Claim limitation for employment disputes: 2 years from the date the entitlement became due (Article 54(9)).
What to Do If You Want to Change UAE Employers Without Your Current Sponsor's Consent
- Read your contract carefully — confirm the exact notice period (it must be between 30 and 90 days).
- Resign in writing and keep a timestamped copy (email is fine). Do not rely on verbal notice.
- Do not ask for an NOC as if it were required — under FDL 33/2021 it is not. If the employer insists, politely note that the NOC requirement was removed.
- Have your prospective employer file the work-permit transfer through MoHRE's digital platform.
- If your employer is in breach (unpaid wages, unsafe conditions, passport confiscation), file a complaint with MoHRE via the smart app, 800 60, or a Tasheel centre — this is grounds for transfer without employer consent.
- If a false absconding report is filed against you, dispute it in writing with MoHRE immediately and attach evidence of attendance (WPS records, correspondence, witness statements).
- Keep copies of your registered contract, WPS pay slips, passport (never surrender the original), and all correspondence.
What should you NOT do?
- Do not hand over your passport — confiscation is illegal. Request it back in writing; refusal is grounds for MoHRE complaint and transfer.
- Do not leave work without written notice — this exposes you to an absconding report.
- Do not pay your employer for an NOC — charging for a document that is no longer legally required is not a legitimate fee.
- Do not sign a "full and final settlement" that waives claims before you have been paid your gratuity, arrears, and notice-period wages.
- Do not wait past the 2-year limitation — employment claims time-bar under Article 54(9) of FDL 33/2021.
Common Questions
When does it apply — kafala & employer transfer?
You are an expatriate private-sector worker in the UAE (mainland) under FDL 33/2021.Your work permit is issued through MoHRE and tied to a specific employer-sponsor.Your current contract is fixed-term (all post-2022 contracts are — unlimited contracts are no longer issued).DIFC and ADGM free zones operate their own employment regimes — transfer rules there differ.Claim limitation for employment disputes: 2 years from the date the entitlement became due (Article 54(9)).
Do I need a No Objection Certificate from my UAE employer to accept a new job?
Read your contract carefully — confirm the exact notice period (it must be between 30 and 90 days).Resign in writing and keep a timestamped copy (email is fine). Do not rely on verbal notice.Do not ask for an NOC as if it were required — under FDL 33/2021 it is not. If the employer insists, politely note that the NOC requirement was removed.Have your prospective employer file the work-permit transfer through MoHRE's digital platform.If your employer is in breach (unpaid wages, unsafe conditions, passport confiscation), file a complaint with MoHRE via the smart app, 800 60, or a Tasheel centre...
What should you NOT do — kafala & employer transfer?
Do not hand over your passport — confiscation is illegal. Request it back in writing; refusal is grounds for MoHRE complaint and transfer.Do not leave work without written notice — this exposes you to an absconding report.Do not pay your employer for an NOC — charging for a document that is no longer legally required is not a legitimate fee.Do not sign a "full and final settlement" that waives claims before you have been paid your gratuity, arrears, and notice-period wages.Do not wait past the 2-year limitation — employment claims time-bar under Article 54(9) of FDL 33/2021.