The Ministry of Human Resources and Emiratisation (MoHRE) maintains strict guidelines to regulate employment practices.
One significant aspect of these regulations is the “labour ban,” a measure imposed on employees who violate UAE labour laws.
In this article, we detail the labour ban in Abu Dhabi in 2024, its types, implications, and the key role of legal experts like Al Mulla in managing labour ban cases.
Contact Al Mulla Labor Lawyer in Dubai. Click the WhatsApp icon below or go to the Contact Us page. Locations: Dubai, Abu Dhabi and Ras Al Khaimah.
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Labour Ban in Abu Dhabi
The MoHRE applies different types of labour bans based on the circumstances of the violation:
- Automatic Six-Month or One-Year Ban. If an employee with an employment visa leaves a job before completing one year of service, an automatic six-month or one-year labour ban may be imposed upon the employer’s request.
- Limited Contract Violation. A one-year ban is imposed if an employee on a limited contract fails to complete the term or provide/complete the notice period.
- Permanent Ban. A permanent ban is enforced for serious offences such as illegal activities or absconding.
- Immigration Ban. This prevents individuals from entering the UAE as visitors or residents due to factors like nationality or deportable diseases.
An MoHRE legal researcher conducts an investigation involving both parties—the employer and the employee. After evaluating the statements and the severity of the request, the researcher decides whether to impose the ban.
Impact on Residency in UAE
When a labour ban is imposed, the employee’s work permit is cancelled, and their residency status is affected.
Employees on a dependent visa may retain their residency status but cannot obtain a new work permit during the ban period.
Learn How to Check Labour Ban in UAE.
Employer’s Right to Apply for a Labour Ban.
An employer can request a labour ban if:
- The employment contract is terminated illegally or violates UAE Labour Law provisions.
- The employee breaches Article 120 of the UAE Labour Law.
- The employee is associated with another company without obtaining a work permit.
- The employee overstays in the UAE after contract termination for over two months without justification.
The duration of a labour ban varies, determined by the MoHRE. Depending on the case’s specifics, it could be one year or permanent.
In the case of a labour ban, the employee’s work permit is cancelled, followed by the cancellation of their residency.
Those on dependent visas (under family sponsorship) might retain their residency but cannot work or obtain another work permit during the ban.
Labour Ban be cancellation in Abu Dhabi
A labour ban cannot be waived or cancelled in exchange for money. It is a legal provision to uphold public policies and cannot be compromised.
However, it is possible to contest a ban by submitting a grievance to MoHRE with supporting documents that prove the ban is undeserved.
The ban is lifted automatically after its term expires, starting when the worker leaves the UAE.
Legal Services related to labor bans in Abu Dhabi
Al Mulla Lawyers offer specialized legal services to manage labour bans in Abu Dhabi. With extensive experience in UAE labor law, they provide comprehensive support for individuals facing different labor bans.
Their services include:
- Legal Consultation: Initial assessment and advice on the potential impact of a labour ban.
- Representation: Legal representation in employer disputes regarding wrongful termination and contract violations.
- Ban Removal Assistance: Strategic guidance and assistance in appealing and lifting imposed labour bans.
- Mediation and Negotiation: Facilitating negotiations between employees and employers to resolve disputes and avoid bans.
- Documentation and Compliance: Ensuring all necessary documentation is properly filed and in compliance with UAE labour regulations.
FAQs about Abu Dhabi labor ban
Conclusion.
Understanding the intricacies of the labour ban in Abu Dhabi is essential for both employees and employers. Violations can lead to bans of varying durations, affecting an individual’s work prospects and residency.
Legal consultants like Al Mulla are pivotal in advocating for individuals facing labour bans, ensuring a comprehensive understanding of the law and its implications.
Contact Al Mulla Lawyers today! Click the Whatsapp icon below or visit our Contact Us page.
Find us at these locations:
– Dubai: Deira, Port Saeed, Street 8, City Avenue Building, Office 705-708.
– Abu Dhabi: Corniche Street, Golden Tower, Office 22.
– Ras Al Khaimah: Al Nakheel, Al Maamoura Building (Emirates NBD Bank Building), Fourth Floor.
A legal consultant specializing in UAE labor law. He regularly publishes articles on the website and writes on various areas of UAE law, with a specific focus on labor law.