Dubai: Planning to resign from your job? Before you make a decision, it is important to understand your rights and obligations under the UAE Labour Law, as certain violations could prevent you from taking up another job in the country for one year.
The UAE’s Labour Law – Federal Decree-Law No. 33 of 2021 – and its implementing regulations set out the circumstances in which a worker may face a one-year labour ban, including failing to follow the required procedures when leaving a job during probation or being unlawfully absent from work.
However, there are also certain categories of workers who are exempt from the one year ban.
Here is all you need to know about when a labour ban can be imposed, who is exempt and how to check or contest one.
Work violations that could lead to a ban
- During probation period: As per Article 9 (6) of the UAE Labour Law, if a worker is on probation and leaves the country without serving the required notice period or abiding by the other provisions of the Article, the worker shall not be granted a work permit to work in the UAE for one year, from the date of leaving the country.
- Absconding/unlawful absence from work: Article 50 of the UAE Labour Law also mentions that workers who leave work for an illegitimate reason, before the end of their contract, will not be granted a work permit for a year, starting from the date of the absence from work. In these cases, it is also unlawful for another employer to hire them during this period, if the employer is aware of the absconding status of the worker.
- Work permit at a fictitious establishment: The UAE government’s official website – u.ae, also lists another instance when a one-year work ban may be issued – if the worker’s work permit at a fictitious establishment was cancelled.
Why some workers are exempt from the one-year ban
While the one-year ban applies to all workers who violate the applicable provisions of the UAE Labour Law and its implementing regulations, there are certain categories of workers who are exempt from the one-year ban, as per Article 11 and Article 28(2) of Cabinet Resolution No. 1 of 2022:
- Workers sponsored under family residence visas.
- Workers applying for a new work permit with the same establishment.
- Workers with professional skill or knowledge levels required in the UAE.
- Holders of the UAE Golden visa.
- Any other occupational categories needed in the labour market identified by ministerial decisions, and based on the labour classification approved by the Cabinet.
How is a labour ban imposed?
In cases of an absconding employee, the Ministry of Human Resources and Emiratisation (MOHRE) sets out a clear process that the employer needs to follow in order to file an unlawful absence from work report.
Once a labour complaint is filed by the employer, after the worker commits a violation that warrants the one-year ban, MOHRE reviews the case to verify the validity of the complaint. Once the complaint is processed and the Ministry verifies the details and ensures the legal conditions are met, it applies the one-year restriction on issuing a work permit to the worker.
How can I check if I have a labour ban issued against me?
If you would like to confirm whether a labour ban has been imposed on you, the easiest way to do so is to contact the MOHRE call centre on 600590000, which is available from 8am to 8pm.
How can I contest a labour ban?
If you believe that a labour ban has been unfairly issued, you can contest it by submitting a grievance to MOHRE, by following the steps outlined in our guide here.
Is the labour ban lifted automatically after the expiry of its term?
Yes, the labour ban is lifted automatically once ban period imposed by MOHRE expires. It is important to note that the ban period starts once the worker exits the country.