Reasons To Be Imposed Under the UAE Labour Ban in 2024

Employees working in the Emirates may face a labour ban in UAE if they breach any employment rules. Likewise, the sanction may come from the employer or from somebody who regulates labour law. Also, you must know very well what it is about and how it can affect daily and work life in the Emirates.

In this article, you will learn everything about the work ban in the United Arab Emirates. In addition, you will be able to understand some legal aspects of labor ban and how to eliminate it.

Who Falls Under Labour Ban Regulations in UAE

The new labour law UAE ban is a term that you will see very often in the work environment for employees and employers. Similarly, you can apply this sanction to an employee who decides to resign or terminate a contract before the agreed date. For example, an employee with a 2-year employment contract will not be able to leave the company unless he or she agrees with you.

Furthermore, the reason must be under the provision of Article 121 of the Emirati Labour Law. Likewise, this law will apply to a qualified or unskilled worker, while their work permit is valid, as well as their work residence visa.

You could also apply it if you have employment cards and of course an employment contract. Furthermore, the Ministry of Labour may apply the ban to the worker for violating the law.

How many Types of Labour Ban in UAE

The company where you work or the Emirati Ministry of Labour can impose the labour ban in UAE. In the first, it is by the government department in charge of labour affairs in the UAE. Thus, it will be the Ministry of Labour who decides whether or not to apply it based on the details of the case.

Likewise, it will be their decision whether the employee receives a ban that can range from 6 months to 1 year. The second way is when you submit the request for your worker to receive a work ban. Also, you can request it if the employee made an escape attempt or caused a large loss due to some action.

Furthermore, this applies if the worker wants to end the employment contract early without agreeing it with you.

What are the Authorized Entities to Impose a Labour Ban in UAE

Generally, the MOHRE can impose a labour ban but the GDRFA or the General Directorate of Foreign Affairs can also issue it. Below, you will learn about the UAE labor ban reasons that may justify its issuance:

• ·      If the worker did not comply with the employment contract or the provisions of law and ministerial decrees.
• ·      If the reasons for the dismissal are those indicated in Article 120 of the UAE labour law.
• ·      In the event that the worker remained in the country illegally for 2 months, after terminating the employment contract
• ·      If the person begins to work in another company without the MOHRE work permit.

Reasons why an employer has the right to dismiss an employee without prior notice

According to Article 120, the reasons for dismissal without notice and for requesting a labour ban in UAE before MOHRE would be the following:

• ·      If the worker presented false or misleading documents
• ·      If the worker lost the dismissal during the trial period or at the end of it.
• ·      In cases where your company had a serious loss due to the negligence of the. This will be as long as you file the complaint with the Labour Department within the first 48 hours.
• ·      If the worker does not comply with safety directions posted in a visible place unless he or she is illiterate.
• ·      In cases where the worker did not fulfill his main duties according to the employment contract. Also, if you have not changed your behavior despite the warnings.
• ·      If the employee incurs in the disclosure of the trade secrets of the company he/she works for.
• ·      When the employee was convicted by a court for crimes of public morals, honesty, or honor.
• ·      If you go to your workplace drunk or under the influence of drugs.
• ·      In cases where the worker attacks a superior or any colleague.
• ·      If the worker did not go to work for more than 20 days in a year or continuously for 7 days.

Additionally, when you request a labour ban in UAE, a MOHRE legal investigator will review the case. Likewise, you and your employee will be able to testify and give your arguments. The investigator will then delve into the arguments presented and may apply a work ban will be imposed.

However, the worker may object, submitting the complaint and claim to MOHRE. Next, this will organize a committee headed by an undersecretary and directors of some departments. Finally, if the claim proceeds, the ban will be lifted or allowed to continue.

How Long Does the Labour Ban Last in UAE?

The UAE labour law ban will last depending on certain circumstances considered by the law. Consequently, you will immediately know the times for each particular case:

In limited contracts

For foreign employees who do not comply with the time of the employment contract without fair reasons, a work ban will be imposed. Equally, this particular is established by the labour law in its Article 128. In addition, the prohibition period will be for 1 year, starting from the date on which you resign from your job.

In unlimited-time contracts

Article 129 says that if the foreign employee prefers to terminate the contract before completing the notice, he will have a 1-year work ban. However, according to Ministerial Decree No. 14 of 2016, the citizen may receive a new job opportunity. However, it is only possible as long as you meet the following situations:

Labour ban in UAE due to an employment contract that expired and was not renewed

This will happen when you and your employee agree to terminate the contract before the end of the term. This will be as long as the employee has worked for a minimum of 6 months in your company. However, you cannot use this rule in cases where the employee falls within the following situations:

• ·      If your employee has bachelor's degrees, diploma degrees, or higher secondary qualifications. These are skill levels 1, 2, and 3 respectively.
• ·      When workers are in skill categories 4 and 5. However, they can apply for work permits with skill categories 1, 2, and 3. They must also have the necessary qualifications to work at those levels and are generally unskilled labour.
• ·      Level 4 and 5 workers who have experience in the same company previously for at least 6 months.
• ·      Employees with a dependent or family sponsor visa and who have all the necessary requirements for a work permit.
• ·      On occasions when the same worker requested a work permit from you, your permit was canceled. This will be when the worker no longer has work permits from other companies where you are the owner.
• ·      In the event that either party wants to terminate the employment contract, they will have to notify the other party of their intention in writing. Then, the employee or the employer will have to comply with the agreed notice period, which should not be less than 1 and a maximum of 3 months.

Additionally, if you prefer to terminate the contract without any reason, the employee will be exempt from the UAE labor ban reasons. However, the employee must have worked for at least 6 continuous months. Likewise, this rule will apply in the cases of employees with indefinite employment contracts.

Article 4 of Ministerial Resolution Number 1186 of 2010

This article says that you can give the worker a work permit, even if he or she did not comply with the requirement to work for you for 2 years. Similarly, this provision applies in the following cases:

• ·      If you started your new job at skill levels 1, 2, and 3 with a salary of not less than AED 12000. In detail, for level 1 it will be AED 7000 for levels 2 and 3 it will be AED 5000.
• ·      In cases where you as the employer do not comply with the conditions of the contract or when the employee was not the cause of the termination.
• ·      If your worker leaves for another company you own.

However, regardless of the requirements indicated above, for employees with limited or unlimited contracts, they may have a new work permit. Therefore, this will be applicable under the following circumstances:

• ·      If you as an employer failed to meet your contract obligations that could include being out on the hook for more than 60 days.
• ·      When your worker files a complaint against your company for not being able to perform their duties due to inactivity. Also in cases where the activity has been closed and on both occasions for more than 2 months in a row.
• ·      On occasions when the final decision of the court for the conflict has been in favor of the employee

Employees who do not comply with the probationary period

The labour ban in UAE applies to an employee who must serve 14 days of notice if they travel outside the emirate and are on probation. Also, you intend to join another employer while in this period and where the notice period is 1 month. Likewise, if the worker does not comply with the notices, the MOHRE will proceed with a work ban for 1 year.

Is it Possible to Remove the Labour Ban?

There are two ways to remove the UAE labour law ban applied against an employee. Similarly, if the Ministry of Labour issues the ban at your request, the employee may have to spend between 6 months and 1 year without working. You will also not have to leave the Emirates and re-enter to obtain the visa change. Next, you will learn about these possible solutions for the employment ban:

• ·      Resolve the problem with your employer. When the employer causes the labour ban in UAE, you can lift it by mediating a solution with the employer. Hence, the employer removes the work ban that it ordered imposed against him.
• ·      If you provide the required documentation to the Ministry of Labour. In this case, if your sanction was placed by the government, look for a company that will pay you a salary of AED 5000 or more. Then, ask that company for the employment offer letter and present it to the Ministry of Labour.

Situations Where Labour Ban Doesn't Apply

There are situations where the UAE labour law ban does not apply as you will see below:

• ·      When the employee is a native of the UAE
• ·      In case the employee is changing to government jobs
• ·      When the employee changes jobs to one of the free zones.
• ·      When it comes to indefinite-term contracts if the worker served the same employer for 6 months or more than 3 years.
• ·      In a limited-term contract, as long as they meet the requirements of the ministerial decrees.

Additionally, you can avoid this according to the new labour law UAE ban, and the requirement 1094 of 2016. Also, according to resolution 1186 of 2010, which establishes a preference for workers with good educational qualifications. Likewise, if an employee obtains the approval of the employer and complies with the agreed notice, he or she may terminate the contract sooner than 6 months.

However, for workers with qualifications 4 and 5, the same will occur, unless they fall within the exceptions mentioned above.

Summary

The labour ban in UAE is a sanction against employees for non-compliance or violation of labour law. These sanctions can come from employers or directly from MOHRE. However, it will be applicable only under certain criteria according to the labour law of the emirates. Additionally, if the ban has already occurred, there are methods that the employee can apply to remove it.

Likewise, if you have any questions, you can contact us and we will respond to any concerns regarding this topic.