A labor ban can be avoided if the employee fulfills the criteria as mentioned in the UAE labor legislation. Ministry of Labor (MOL) clearly mentions the rules and conditions of granting a new work permit to an employee after the termination of the working relationship in order to move from one establishment to another. The ministry may lift the ban without requiring the employee to complete the stipulated period as mentioned in the contract for the following cases:
Possible Ways to Avoid The Ban
- A settlement with the employer: Employees who decide to terminate or cancel employment contract with the permission from their employers will be permitted to transfer to other companies even if they have not completed the stipulated period of contract.
- Obtaining a new position in other establishments: there are several provisions under UAE labor law where a ban may be lifted if your new employer subsequently offered a remuneration prescribed for one’s professional qualification. In simple words if any employee holds the required qualifications and the new company agreed to pay the better salary then the ban imposed may be avoided. The employee needs to submit the educational qualification certificates and a new labor permit will be issued accordingly.
- Company has ceased to operate: an employee can also be granted a new work permit if the ministry has proven that the employing company is already inactive and the employee reports to the ministry during this inactive period.
- Obtaining a job in government: if an employee has offered any job in government authority. Such a ban can be lifted without providing any criteria or conditions.
- Same ownership: In the event that the employee moves to another establishment owner sold or jointly by the same employer.
- Shifting to a free zone company: free zone companies follow a different set of rules and regulations governing employment contracts. The labor ban rules imposed is also different in free zone companies.so an employee can be permitted to work in a free zone company in UAE.
Requesting an appeal to the Ministry of Human Resource and Emiratization (MOHRE)
The employee can contest to the labor ban by submitting a grievance to MOHRE. The complainant should submit all the supporting documents, which prove that he does not deserve a ban.
Upon submitting a grievance, MOHRE will form a special committee chaired by the undersecretary and certain directors of departments to study these requests and decide whether to lift or maintain the ban. Afterward, the employee will be notified of the decision of the committee.
Contesting to labor ban
If an employee contest to labor ban for below mentioned condition a labor ban can be avoided.
- Illegal termination by the employer: if an employer dismisses or bans the employee for no valid resented employee may have the right to lift such a ban by proving such arbitrary dismissal to the ministry.
- Failed to meet obligation: if the employer failed to meet his obligations or have not fulfilled any of his duties as mentioned in the employment contract the employee has the right to terminate contract without giving notice, in this case, if the employer has imposed the labor ban it can be lifted by giving valid evidence of nonfulfillment of duties by employer.
Avoiding a labor ban in UAE is possible but you have to meet the strict requirements of labor code and ministry of labor. If you are facing a ban and need to know about the ways to avoid ban based on your contract address our inquiry to HHS lawyers and legal consultants. We are a Dubai-based law firm with vast experience in dealing with labor issues. Our firm consists of experienced lawyers and young talents contact us for further consultation.