According to the new UAE labor law, the one-year ban is one of the most perplexing aspects of working in the United Arab Emirates. It is important to note that these restrictions may apply to your residence visa as well if you are a citizen of the United Arab Emirates.
However, in accordance with Articles 11 and 28 (2) of Cabinet Resolution No. 1 of 2022, an employment ban may not be applicable to employees who have family-sponsored UAE residence visas, to those who apply for new work permits within the same entity, to those who possess professional qualifications, skills, or knowledge that the nation needs, to those who have golden residency visas, and to any other professional categories as determined by the need in the UAE and as mentioned.
According to Federal Law No. 8 of 1980, Concerning the Regulation of Labor Relations (the Labor Law) and Ministerial Decrees issued by the MoHRE on Employment-related laws and regulations, a UAE employer may file a request for the “one-year labor ban” against the employee. The filer can file the report on the employee. The reasons are:
- When an employee fails to show up for work for seven days in a row and no contact information has been provided.
- The employee has breached the limited contract.
However, in accordance with Articles 11 and 28 (2) of Cabinet Resolution No. 1 of 2022, an employment ban may not be applicable to employees who have family-sponsored UAE residence visas, to those who apply for new work permits within the same entity, to those who possess professional qualifications, skills, or knowledge that the nation needs, to those who have golden residency visas, and to any other professional categories as determined by the need in the UAE and as mentioned. For more details visit MOHRE
Who can Issue a “Labor Ban under New UAE Labor Law”
Ministry of Human Resources and Emiratization (MoHRE) issues most work bans. However, the General Directorate of Foreign Affairs issues restrictions for serious crimes, illegal entry, or security concerns (GDRFA). An employer may submit a request for a work prohibition to the MoHRE on behalf of an employee in any of the following cases:
- Concerning any violations by the employee of the terms of their employment contract or the Labor Law or Ministerial Decrees issued by the Ministry of Labor.
- If the employee was terminated for cause as specified in Article 120 of the Labor Law.
- If the former employee has stayed in the United Arab Emirates (UAE) for more than two months without authorization after his employment has ended.
Who are exempted from One-Year Ban as per New Labor Law?
However, in accordance with Articles 11 and 28 (2) of Cabinet Resolution No. 1 of 2022, an employment ban may not apply to employees who have family-sponsored UAE residence visas. Those who apply for new work permits within the same entity. The one who possess professional qualifications, skills, or knowledge that the nation is short of, has golden residency visas, and any other professional categories as determined by MOHRE.
Lastly, for more new visit KhaleejAffairs
