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 delve into the details of labour ban in Abu Dhabi, its types, implications, and the key role of legal experts like Younis Mohammed Al Blooshi in managing labour ban cases.
Table of Contents
Labour Ban in Abu Dhabi – Regulations and Implications 2023.
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.
- Unlimited Contract Violation. For those on unlimited contracts, terminating the contract resigning before completing one year, or not fulfilling the notice period, results in a six-month to one-year ban.
- 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.
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 either 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.
Can a Labour Ban be cancelled?
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.
Seeking Legal Assistance.
Navigating the complexities of a labour ban can be daunting. That’s where experts like Younis Mohammed Al Blooshi, a prominent Lawyer & Legal Consultant, come in.
His expertise in labour ban cases in Abu Dhabi can provide the guidance needed for a fair resolution.
FAQs about labour ban in Abu Dhabi.
Understanding the intricacies of the labour ban system 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 Younis Mohammed Al Blooshi are pivotal in advocating for individuals facing labour bans, ensuring a comprehensive understanding of the law and its implications.
Contact the office of Younis Mohammed Al Blooshi via Whatsapp. Click here. Or visit us at our address: Sobha Ivory 1 – Al Amal St – Business Bay – Dubai. You can also call us on phone: 00971589984123.
Learn How to Check Labour Ban in UAE: Your How-To in 2023.
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.