Which acts would result in the termination of an employment contract,
and result in the employee being banned from working
in the UAE for one year?
The following acts by the employee would render the employee banned
from working in the UAE for a year.
1. If the employee leaves his employment without a justified cause
before the end of a specified there in the employment
contract; or
2. In the case of an unlimited contract without giving one month’s
notice of termination; or
3. The employee leaves his employment before the lapse of one month’s
notice; or
4. The employee violates Article 120 of the Law; or
5. The employee works with another employer full/part time at the same
time as working for his original employer.
These sanctions would only be applied if a complaint was filed by the
employer requesting such.
I was working for a company here. I was blacklisted forever due to
a theft case in 2005. Now a company has appointed me at the Sharjah
Hamriya & Jebel Ali free zone. Is it possible that I can get an
employment visa on the company sponsorship for two years?
Blacklisting or a ban is a legal mechanism in the UAE that prevents a
resident or an employee from re-entering into the UAE, or from
accepting any employment position with a new employer for a fixed
period of time.
Workers and visitors may be subjected to an entry ban or a work ban,
depending on what they have done while they were in the UAE.
Blacklisting or ban could be broadly categorised into two types i.e.
employment ban and immigration ban.
In an employment ban, A person is not permitted to work in the UAE for
a specific period of time due to breach of certain provisions of the
UAE Labour Law. An employment ban is usually given under the following
circumstances:
A permanent ban is usually imposed on absconding employees.
A ban for a period of six months will be automatically imposed by the
Ministry of Labour, in case if a worker has not completed two years
with his current employer. An immigration ban is usually imposed for
serious labour offences or crimes committed by person. Therefore, an
immigration ban means that one cannot enter the UAE, irrespective of
whether the person intends to enter as a visitor or for residency.
Since you were convicted of theft, an immigration ban was imposed upon
you. Therefore, you will not be allowed to enter into the UAE.
I am working on a limited period contract, which I renewed at the
end of two years. After a month into the renewed contract, I am
planning to join another company. Is there any legal problem in
changing the visa?
Pursuant to your queries (as I understand them), it should be noted
that you may not take up the employment with the new employer for one
year. Article 128 of Federal Law No. 8 of 1980 regarding Regulation of
Labour Relations (“Labour Law”) states, “Where a non-national worker
leaves his work without a valid reason before the expiry of a contract
for a limited period, he may not, even with the employer’s consent,
take up other employment for one year from the date on which he left
his work. It shall not be lawful for any other employer who is aware
of the fact to recruit such worker to keep him in his service before
the expiry of such period.”
In case your current employer is willing to provide you the NOC to
work with another employer then the issue of labour ban may not arise.
But in case your employer is not willing to provide the NOC and wish
to cancel your labour contract, the Ministry of Labour may impose a
labour ban on you.
However, in the event a ban gets imposed, your prospective employer
may apply for lifting the ban based on your professional qualification
and or as per the salary offered by your prospective employer.
Any party breaching a limited period employment contract may
compensate the other party by:
(a) In case of breach by the employer: The employer shall be liable to
compensate the employee with three months of remuneration as stated in
Article 115 of the Labour Law, which reads as follows: “Where an
employment contract is for a definite term and the employer revokes it
for reasons other than those specified in Article 120 he shall be
required to compensate the worker for any damage the latter sustains,
provided that the amount of compensation shall in no case exceed the
aggregate wage due for a period of three months or the remaining
period of the contract, whichever is shorter, unless otherwise
stipulated in the contract.”
(b) In case of breach by the employee: The employee shall be liable to
compensate the employer for up to half the employee’s remuneration for
three months in accordance with Article 116 of the Labour Law which
reads as follows: “Where a contract is revoked by the worker for
reasons other than those specified in Article 121, he shall be
required to compensate the employer for any damage the latter sustains
as a result, provided that the amount of compensation shall not exceed
half a month wage for three months or for the remaining period of the
contract, whichever is shorter, unless otherwise stipulated in the
contract.” (KT).
I am working for a free zone company in Jumeirah Lakes Towers. I
just completed my probation a few days back but still haven't received
my permanent confirmation certificate. I am planning to change my job,
and my boss is not allowing me to do so. He says that he will get a
labour ban imposed on me and also seek damages from me. In my contract
it says that I will have to serve one-month notice and if I don't, I
will have to reimburse an amount. I just want to know what I can
possibly do or if I have to pay how much will be the amount?
It is presumed that your employer is an entity registered with the
Dubai Multi Commodities Centre (DMCC) and that your employment is
subject to provisions of the Federal Law No 8 of 1980 on the
Regulation of Labour Relations (the "Labour Law").
Pursuant to the first part of your question it may be noted that it is
not mandatory for employers to issue a permanent confirmation
certificate of employment at the end of probation period. The
continuation of the employment relationship after the completion of
the period of probation may be considered to be proof of successful
completion of your probation period.
It is further noted that you wish to leave your employment whereas
your employer seeks to get a labour ban imposed on you and also seek
damages from you. However, it is learnt that labour bans are usually
not imposed at the DMCC.
In respect of the reimbursement of amounts to your employer, it may be
noted that you shall be only liable to compensate your employer for
any prejudice suffered by the latter in the event you elect to leave
the employment. The amount of such compensation is not supposed to
exceed your 45 days' salary. This is in accordance with the provisions
of Article 116 of the Labour Law which states -
"Where a contract is revoked by the worker for reasons other than
those specified in
article (121), he shall be required to compensate the
employer for any prejudice the latter sustains as a result: provided
that the amount of compensation shall not exceed half the worker's
remuneration for three months or the residual period of the contract
whichever is shorter unless the contract contains a provision to the
contrary."
However, the aforementioned provision shall only be applicable if you
are working under a limited period contract. A limited period contract
is usually executed for a pre-defined period and the end date of the
contract is specified in the contract itself. Also it may be noted
that apart from the amount of compensation as stated above, you shall
not be liable to pay for any other compensation to your employer.
If, however, you are working under an unlimited period contract, it
may be noted that you shall only be liable to serve a notice period of
30 days prior to the termination of your employment. This is in
accordance with the provisions of Article 117 of the Labour Law which
states
1. Either the employer or the worker may terminate an indefinite term
contract for a valid reason at any time following its conclusion, by
giving the other party a notice in writing at least 30 days prior to
termination.
2. For the daily-paid workers, the notice period
shall be as follows:
> One week: if the worker has been employed for more than six months
but less than one year.
> Two weeks: if the worker has been employed for not less than one
year.
> One month: if the worker has been employed for not less than five
years."
Based on the foregoing provisions of the Labour Law you may try to
prevail upon your employer in respect of your rights. Should you face
any hardships or in the unfortunate event of a dispute you may
consider to approach the competent forum at DMCC. (KT)
I have been working in a
company here on an unlimited contract. I have resigned recently with
30 days notice period. I would very much appreciate if you kindly
advice me on the labour ban, if any, end of service benefits, and my
passport which they kept with them.
First of all, the employer does not have the right to hold the
employee’s passport without the latter’s consent. Secondly, according
to Articles 125, 131, 132,133 and 137 your end of service benefits
are; a certificate of service (free of charges), the expenses of
sending you back to your home country (a ticket and any other agreed
upon expenses according to the labour contract), and your gratuity
would be the salary of 21 days for each year divided by three.
Finally, Under the UAE laws, if an employee leaves a job without
completing two years, then, the Ministry of Labour will impose a work
ban for six months or for one year if requested by the employer (KT).
Q: I worked for a company under my husband's sponsorship and quit
the job after 18 months. During the cancellation of my labour card, I
came to know that I was imposed a ban for one year. Does it mean that
I cannot accept a job until a year is over? Is there a ban for women
working under husband's sponsorship? And what is the best possible way
to lift the ban and start working again?
A: It is noted that you have been imposed a labour ban as you
had terminated your employment of your own volition after 18 months of
service.
Pursuant to your question it may be noted that upon imposition of a
labour ban, a new work permit is not issued by the Ministry of Labour
for the period that the ban remains operative. As in your case, the
employment ban is for a duration of one year, a new work permit may
not be issued to you for the same period.
However, it may be noted that employment ban may be lifted if you are
being offered a salary which corresponds to your educational
qualifications. This is in accordance with the provisions of Article 4
of the of the Ministerial Resolution No (1186) for 2010 on - "Rules
and Conditions of Granting a New Work Permit to an Employee after
Termination of the Work Relationship in Order to Move from One
Establishment to another" which read as follows:
"As an exception to the provision of Item No. (2) of Article (2) of
this Resolution, the Ministry may issue a work permit to the employee
without requiring the two year period in the following cases:
a. In the event that the employee is starting his new position at the
first, second or third professional levels after fulfilling the
conditions for joining any of these levels according to the rules in
force at the Ministry, and provided that his new wage is not less than
Dh12,000 at the first professional level, Dh7,000 at the second
professional level and Dh5,000 at the third professional level.
b. In the event that the employer violates his legally stipulated
obligations to the employee, or in the event that the employee is not
the cause for terminating the work relationship as mentioned in
Article (3) of this Resolution.
c. In the event that the employee moves to another establishment owned
solely or jointly by the same employer."
Pursuant to the foregoing, if you are holding a bachelors' degree
which is duly registered and attested in accordance with the
prevailing regulations of the UAE, then in accordance with your
educational credentials you must be offered a minimum salary of
Dh12,000 in your subsequent employment.
Further it may be noted that a letter of no-objection from your
previous employer for you to join another employer, would have been
effective if the same was submitted at the time of cancellation of
your employment contract. However, since the employment ban is already
in place, a letter of no-objection from your employer may not be
effective any longer.
Subsequently, it may be noted that labour bans may also be imposed on
women residing in the UAE under their husbands' visa sponsorship, if
they seek to terminate an existing employment contract before the
completion of two years of continuous employment.
The resolution of your problem would be to secure an employment where
you are being offered a salary, which corresponds, to your educational
qualification as stated hereinabove. Alternatively, it is learnt that
labour bans are usually not effective within the jurisdiction of the
various free zones operating in the UAE. Pursuant to this you may also
look for prospective employment in any of the free zones, or with an
entity, which may provide you with a free zone visa sponsorship. (KT)
Q: I am working on a limited period contract, which I renewed at
the end of two years. After a month into the renewed contract, I am
planning to join another company. Is there any legal problem in
changing the visa? Do I need to give any money to my current employer?
A: Pursuant to your queries, it should be noted that you may
not take up the employment with the new employer for one year. Article
128 of Federal Law No. 8 of 1980 regarding Regulation of Labour
Relations (“Labour Law”) states, “Where a non-national worker leaves
his work without a valid reason before the expiry of a contract for a
limited period, he may not, even with the employer’s consent, take up
other employment for one year from the date on which he left his work.
It shall not be lawful for any other employer who is aware of the fact
to recruit such worker to keep him in his service before the expiry of
such period.”
In case your current employer is willing to provide you the NOC to
work with another employer then the issue of labour ban may not arise.
But in case your employer is not willing to provide the NOC and wish
to cancel your labour contract, the Ministry of Labour may impose a
labour ban on you.
However, in the event a ban gets imposed, your prospective employer
may apply for lifting the ban based on your professional qualification
and or as per the salary offered by your prospective employer.
Any party breaching a limited period employment contract may
compensate the other party by:
(a) In case of breach by the employer: The employer shall be liable to
compensate the employee with three months of remuneration as stated in
Article 115 of the Labour Law, which reads as follows: “Where an
employment contract is for a definite term and the employer revokes it
for reasons other than those specified in
Article 120 he shall be required to
compensate the worker for any damage the latter sustains, provided
that the amount of compensation shall in no case exceed the aggregate
wage due for a period of three months or the remaining period of the
contract, whichever is shorter, unless otherwise stipulated in the
contract.”
(b) In case of breach by the employee: The employee shall be liable to
compensate the employer for up to half the employee’s remuneration for
three months in accordance with Article 116 of the Labour Law which
reads as follows: “Where a contract is revoked by the worker for
reasons other than those specified in
Article
121, he shall be required to compensate the employer for
any damage the latter sustains as a result, provided that the amount
of compensation shall not exceed half a month wage for three months or
for the remaining period of the contract, whichever is shorter, unless
otherwise stipulated in the contract.” (KT)
Deportees are banned from UAE for life
Q: In 2012, I was deported from Ajman to India on the basis of
an absconding case filed against me. But now my family and I wish to
relocate to the UAE. Is the absconding ban for life? If so, is there
any way to to have it lifted?
A: Pursuant to your queries, an individual who is deported from
the UAE cannot visit the country for life. This is in accordance with
Article 28 of federal law no. 6 of 1973 regarding immigration and
residence of the UAE, which states: "An alien who has been deported
may not return to the country except with the special permission from
the Ministry of Interior."
Based on this aforementioned article, you may contact the General
Directorate of Residence and Foreigners Affairs and make an
application to lift the life ban imposed on you.
GCC-wide ban for deported Gulf
Expats
Gulf Co-operation Council (GCC) countries have started applying a law
that bans expatriates deported from any of the six countries from
entering the rest of them.
Visit/Tourist Visa During
One Year Employment Ban Period
You can get
Visit/Tourist
Visa during one year employment ban period if the ban was
imposed by Ministry of Labour.
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Related Pages
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Abscond Reporting
Annual Leave
Air Ticket to Home Country-UAE Labour Law
Article 120 of UAE Labour Law
Article 127 of UAE Labour Law
Cancellation
Clearance
Letter
from
Employee While he is in Service
Changing Employment Visa and Dependents Visa without exit
Bank
Guarantee Refund
Death
Compensation-Labour Law
Designations
Disciplinary Action-Labour Law
Emergency Leave
Employment
Ban
Employment visa during
Ban
Period
Employment visa Renew
Employment rules
Employment
Visa
End of Labour Relationship Between Employer and
Employee
End of Service-Gratuity
E-Signature Card
Gratuity
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Labour Card Fine Calculator
Labour Card New
Labour Card Renew
Labour
Contract
Labour
Contract
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Labour Dispute
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Establishment
Card
Labour Establishment Card Amendment
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Labour
Guarantee Refund
Labour Inspection for Quota Approval
Labour Law
Labour PRO Card
Limited Contract
Lost Labour Card
Maternity
Leave
Non-competition clause
Notice Period
Occupational Disease
Overtime
Part-time Work Permit
Payment
of Wages-UAE Labour Law
Probation
Period
PRO
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Profession Change
Professions
Salary increment
Severance Payment
Sick Leave
Temporary Work Permit
Temporary Work Permit for Employee having Labour
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Tasheel
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Tasheel
Centers-Abu Dhabi
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Ladies
What is Employment Ban? Can I
lift labour ban? What is the legal way to remove one year ban? I am on
limited contract, If I resign before completion of two years will I
get one year ban? If I have one year labour ban can I come on visit
visa? Is it possible to remove one year ban? Can I remove one year ban
if get NOC from my company? |