01/03/2022
One year ban-UAE
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
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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.
