Detailed Information on Labor ban Rules in UAE
04-Jul-2024 0 0
Ashok
Introduction
The United Arab Emirates is not just one of the best place for vacation and living. Many expatriates live and work there inside the country. Having all the information about UAE labor ban rules is important. So, when your employer imposes a labor ban against you. You know the reason and know-how can it be removed. It can be confusing if you have to face a labor ban while your working period in the United Arab Emirates. Many get confused between labor ban and immigration ban. The labor ban in UAE affects the individual job or work. Whereas, the immigration ban in UAE only affects the freedom of movement of the person.
UAE Labor Ban Rules
According to the UAE labor ban rules, your employer has the complete right to impose a ban on you. But the employer has to go through the whole process and apply to the MOHRE. UAE labor ban is imposed whenever the expatriate working under any employer violates UAE labor law. Ministry of Human Resources and Emiratisation is responsible for providing the reasons or grounds on which your employer can impose a labor ban in UAE. MOHRE issued a labor ban in UAE and has the right to enforce restrictions.
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Reason for enforcing labor ban in UAE
According to the Labor ban rules in UAE, the main reasons on which ban can be imposed are:
- If the expatriate breaks or violates the employment contract in any manner. Or if the employee intentionally terminates their limited job contract before the end of its term.
- Not following the terms and provisions of the United Arab Emirates labor law.
- Not fulfilling the non-limited agreement notice period.
- If any of the law or offense has been committed by the employee mentioned in UAE labor law article 120.
- Doing a second job without the first employer's consent or agreement. Even if the expatriate wants to do part-time work or projects in UAE. Then the employee should take prior consent from the employer.
- Working anywhere illegally in another company without a valid work permit. Before working in the second
- If the employee continues staying in the United Arab Emirates for more than two months after the termination of the employment contract. Unless the individual has a legal explanation or valid purpose for overstaying.
- If the expatriate absconds from the job without informing.
- If the foreign national working in UAE violates the ministry decree outlined by the MOI.
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UAE labor ban rule under article 120
Your employer can terminate your labor contract without any prior notice if he/she find out violation of the below-mentioned terms:
- Submitting fake documents or invalid documents.
- Using False identity.
- An employee requesting for the termination of the job during the probation period. Or requesting termination even at the end of the probationary period.
- Non-skilled labor.
- Significant loss of the company or the employer due to the negligence of the employee at the work.
- Not following safety instructions.
- Not giving the efficient work results or failing to do the specified job mentioned in the employment contract.
- If the employee reveals or shares the private information of the company to a third party.
- The employee has violated law involving honor, social integrity, or morality. And the employee has been found guilty by the UAE court.
- Consuming banned items like narcotics, drugs, or banned substances during work.
- Employees can be fired if caught harassing or abusing anyone at the workplace physically.
- Not showing up at the work for continuous one week without prior notice.
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Conclusion
Individuals having a work visa, labor card, employment visa, and work permit should take care of the rules. So, they do not face any kind of labor ban in the UAE. And the best way to avoid a ban is to be thorough with labor ban rules in UAE. The complete process of labor ban cannot be done completely online. The legal officer or authority in MOHRE listens to both employee and employer points. After thorough research, the conclusion of labor ban is imposed. If an employee is not happy. Then the employee has the right to oppose it via MOHRE.
Frequently Ask Questions
An employer wishing to enforce a labor ban has to do it in person. As no online service is there to impose a labor ban. Before the labor ban, the statement and reasons of both parties are considered.
You should read the job contract letter thoroughly. Before accepting the job, you should also check the passport detaining policy of the company. You must refuse the job which passport police state that they take employee passport other than visa process reason.
No, after the labor ban work permit of the individual become invalid or canceled. Therefore after the labor ban, you can not work in UAE. After the cancelation of a work permit, your employer also cancels a residency visa. If the employer has sponsored your residency visa.