Top Reasons an Employee Get a Labour Ban in the UAE

Over the years, the UAE has witnessed tremendous growth in various industries. Today, it stands amongst the top job destinations for expat seeking jobs across the world.

The Labour Law in the emirate is quite clear when it comes to employee rights and responsibilities. The Ministry of Human Resources and Emiratisation (MOHRE) triggers labour or residency bans at the request of the concerned employer. There are various reasons that contribute to the fact such as the breaking of a limited contract or failure to serve notice.

Many people are unaware of the labour laws. Resultantly, it has become one of the most discussed and asked about topics for expatriates working in the UAE. So, if you are among those whose employer is trying to manipulate them with a ban, this handy guide could help you find out if they are right or if the firm is trying to force you to stay.

If You Abscond

Article 120 of UAE Labour Law refers to the term “abscond” to the situations where employees don’t come for work for seven or more consecutive days. Or, if they get absent for more than twenty non-consecutive days (in one year) without notifying the employer.

In a few contract cases, if absconding has been testified by an employer, the employee won’t be able to work in the country for a year from the time of reporting. Moreover, no employer is allowed to retain or hire this person legally during this period, states Article 128.

The law obliges employers to give three months’ time to report absconding cases. In case, they prove to be true, MOHRE could impose a one-year labour and/or immigration ban on the employee.

Workers have the chance to prove they weren’t absconding. However, the case can become crucial because once filed, the employer cannot withdraw the absconding report.

If You Break A Limited Contract

A limited contract is an agreement stipulated by the time that needs renewal on expiry as well. An employee who becomes the part of the limited contract cannot resign or quit, with or without notice until the term finishes.

In this case, the employer can request a labour ban for up to one year, without taking into consideration the fact that they sponsor employee’s residency or not.

Employers can also claim compensation (not exceeding 45 days' salary). This can happen in the case if they prove that they suffer a loss or damage from the resignation.

That said, after a 2016 resolution, the employee can terminate a limited-term contract. However, it must be jointly agreed upon in writing with the employer along with a notice period that shouldn’t exceed 3 months.

If You're an Unskilled Worker

Breaking any employment contract without completing six months was a risky move. This could get you a labour ban. However, this law has been changed now. Before 2016, employees could get a 6-month ban if they left companies earlier than the contract-stipulated two years.

As per a resolution passed in 2016, employees can break the contract even before six months. That said, this can be done after they complete their requisite notice period or other terms (mutually agreed upon with the employer).

It is dependent upon a mutual agreement which you have with the employer only. This facility is based on your skill level as defined by the labour law.

Skill levels 1 (under-graduate degree or higher), 2 (diplomas in any field) and 3 (higher-secondary or high-school) can use this clause to avoid a ban. Skill levels 4 and 5 (with no education on record) will get a ban if they break an employment contract. Therefore, they need to complete at least six months and then serve a notice as agreed upon.

Although there are best law firms in Dubai that you can hire if you land in troubled waters, it’s always a good idea to have prior knowledge of laws in the first place.