Employment Labour Ban in UAE
Labour ban/employment ban by Ministry of Human Resources and Emiratisation (MoHRE) states that the employee is not legally allowed to work in another company based in the UAE for a duration of one year or permanently.
Who can face Employment ban?
Employment ban applies on all employees – skilled or unskilled, when the employee violates the UAE labor law. It is not only limited to people having employment residence visa, but it also applies on any person who is issued a labour/work permit, a labour card or a labour contract if he/she commits any defilements which involve the imposition of a labour ban. Employment ban could also be raised against a working student under the visa sponsorship of his father or university or a working woman under the sponsorship of her husband/Father.
Types of Labour ban?
- Labour ban – In case you have an employment visa and did not complete one year of service, an automatic six month or one-year labour ban may be applied by MoHRE based on employer’s request. No employment visa shall be issued to the banned employee till the period of the ban is completed.
In case of below,
- Limited Contract – failure to complete the term OR provide/complete the notice period – 1-year ban.
- Unlimited Contract – failure to provide or complete the notice period or terminating the contract/resigning from the job before one year of the contract – 6 months to one-year ban.
- Permanent Ban – This ban is applicable for serious offences like illegal/criminal activity or absconding.
- Immigration Ban – An Immigration ban means you cannot enter the UAE, whether as a visitor or for residency. For example, certain nationalities are banned or people with deportable diseases.
What is the process of labour ban imposition?
For labour ban imposition, an investigation is held by a legal researcher in MoHRE, who would invite both parties, the employer and employee, take their statements, judge the seriousness of the request and decide whether to accept it or not.
When can the employer apply for a labour ban?
Labour ban could be applied on an employee if,
- the employment contract is terminated illegally or non-compliance with the provisions of UAE Labour Law.
- violated any provisions listed in article 120 of the UAE Labour Law.
- associated with another company without obtaining a work permit from MoHRE.
- overstayed in the UAE after the termination of his employment contract, for any reason, for more than two months without legal justification.
How long can employer ban an employee?
Depends from case to case, it could be one-year or permanent based on MoHRE decision.
Will labour ban have any effect on Visa?
In labour ban, work permit of an employee is cancelled by the employer, followed by residency cancellation of the employee.
In case you are on dependent visa, meaning sponsorship is under parents/family, he/she may maintain residency visa but cannot work or be issued another work permit for the period of the ban.
Is there a way to cancel a labour ban?
A labour ban cannot be cancelled or waived against a sum of money. A ban is a provision of law against violations of public policies that cannot be compromised.
How to know about labour ban?
Labour ban can be checked by calling the MoHRE hotline at 80060 or through one of its Tasheel centres.