When an employee violates the provisions of the UAE labor laws or the conditions of employment in his employment contract, the Ministry of Human Resources and Emiratization (MOHRE) issues a ban against the employee for 6 months or one year upon receiving such complaint from the employer. Meaning, that the person is prohibited from being employed in the UAE for such period. The enactment that broadly governs the labour laws in UAE is the UAE Labour Law No 8 of 1980.
MOHRE issues a labor ban on an employee when a request for the same is put forth by the employer, under any of the following conditions:
Any employee who violates the provisions of the UAE Labor Laws faces the risk of a labor ban, whether skilled or unskilled except;
A labor ban cancels the work permit / office sponsored visa of the employee, automatically cancelling the residency visa. However, people residing in the UAE under their spouse’s dependent visa can continue with their residency visa or proceed for a new labor card, if needed.
An employee can have the 6 months ban lifted if they find a job in any free zone of United Arab Emirates or with any government department or if they continue to work outside the free zone, the cut-off of the salaries in the new contract shall be:
The employee can contest the labor ban by submitting his complaint to MOHRE, online or through the Tasheel centers, and attach all supporting documents which support his claims that he does not warrant a labor ban. MOHRE forms a committee which decides whether the ban was in fact justified or not.
The intention behind labor ban in UAE is that the violation of public policies must not be compromised i.e. breaking the terms and conditions of your labor contract or leaving your job without a valid reason. The ban is lifted automatically after the lapse of time specified and subsequently one is eligible to seek employment again.
For further information about this article, please write to: contact@motei.com. M&A is a Dubai-based law firm boasting vast experience in disputes resolution and general corporate, commercial transactional services. Operating in an increasingly challenging market, we are a dynamic, innovative and dedicated firm with an effective blend of experienced lawyers and young talents. We conduct business in Arabic, English and French with equal proficiency.
Disclaimer: Whilst every effort has been made to ensure that the details contained herein are correct and up-to-date, this information does not constitute legal or other professional advice. We do not accept any responsibility, legal or otherwise, for any error or omission.
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