Labor ban under unlimited contract means the employee is not allowed to work for another UAE registered company for a required time frame. Labor Law has clearly outlined several rules for employee rights and responsibilities.
The Ministry of Human Resources and Emiratization (MOHRE) usually initiates Labor ban at the request of the concerned employer - which could be in any of these situations.
- Illegal termination: illegally terminated the employment contract or did not observe the provisions of the UAE Labor Law. For example, not respecting the notice period mentioned in the non-limited contract
- Committed any labor-related offense: committed any violations stipulated in the labor laws in.
- No valid permit: worked for another company without obtaining a work permit from Ministry of Human Resources and Emiratization
- illegal stay: stayed in the UAE after the termination of the employment contract, for any reason, for more than two months without legal justification.
- Absconding: If an employee absconds from work for a prescribed period of time as mentioned in labor law without informing the employer.
Duration of labor bans starts from 6 months
- 6 months: A 6 months ban is automatically imposed by the ministry of labor if the person leaving the current job without a valid reason.
- one-year ban: one-year ban be imposed if the person violates any of the terms under the labor contract.
The permanent ban is also applicable for serious labor offenses like:
- providing false information pertaining to the job application.
- Disclosing any confidential information of the company.
- conclusively convicted in the court of any offense pertaining to honesty, honor or public morals;
- reporting to work intoxicated or drugged. Using a kind of drugs which is presumed to be illegal in the country.
- Causing any assault or physical harm to any co-worker during work hours. In this case, the Police and the Department of Labor must have been notified of the incident.
Effect of labor ban under unlimited contract
- The labor ban cancels the work permit of the employee. Upon cancellation, the respective employer must also proceed to cancel the residency visa of the employee.
- If the banned person is on a sponsorship visa the employee may stay on its residency visa but cannot work or be issued a new work permit for the duration of the ban.
Contesting to a labor ban
The employee can contest to the labor ban by submitting a grievance to MOHRE. The complainant must attach with the grievance all supporting documents, which prove that he does not deserve a ban.
Upon submitting a grievance, more 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.
Read more: Remove Labor Ban Status in UAE
HHS lawyers and legal consultants
Above mentioned information is just a simple guide to labor ban in UAE, This rule may also face various transitions in mere future. If you have faced any such issues it is best to seek advice from a legal consultant for labor ban in Dubai. There are many other reasons apart from the above-mentioned reason for facing labor in the UAE. You may contact HHS lawyers and legal consultants in UAE, Dubai to advise you on your situation contact us for further consultation.