Grounds of a labour ban
Labour ban is imposed when the employee violates the provisions of the UAE labour law and/or related ministerial resolutions and circulars or when he does not observe the terms and conditions stipulated in his employment contract.
The grounds of a labour ban issued by MoHRE are different from those issued by Directorate of Residency and Foreigners Affairs. The latter could be based on the labour ban itself or on any other reasons not related to employment issues, such as serious criminal offences, security reasons, illegal entry to the UAE and so on.
When can the employer apply for a labour ban?
A labour ban may be imposed if the employee:
- illegally terminated the employment contract or did not observe the provisions of the UAE Labour Law. For example, not respecting the notice period mentioned in his non-limited contract or terminating his limited contract before the end of its duration
- committed any of the violations listed in article 120 of the UAE Labour Law
- worked with another company without obtaining a work permit from MoHRE
- stayed in the UAE after the termination of his employment contract, for any reason, for more than two months without legal justification
Additionally, a labour ban is imposed on new non-skilled labour who did not complete six months of service with their respective employers.
On whom can a labour ban be imposed?
A labour ban is not limited to non-skilled labour. Labour ban may apply on all employees in situations where the employee violates the UAE Labour law and its related executive resolutions.
A labour ban is not limited to people having employment residence visa, but it also applies on any person who is issued a labour permit, a labour card or a labour contract if he/she commits any violations which entail the imposition of a labour ban. This means a labour ban may be issued against a working student under the visa sponsorship of his father or university or a working woman under the sponsorship of her husband.
How is a labour ban imposed?
There is no eService to apply for a labour ban against an employee. Ban applications require an investigation from a legal researcher in MoHRE who would invite both parties, the employer and employee, take their statements, judge the seriousness of the request and decide whether to accept it or not.
Effect of labour ban on visa
The labour ban cancels the work permit of the employee. Upon cancellation, the respective employer must also proceed to cancel the residency visa of the employee since it was originally based on the work permit.
However, if the banned person is on the sponsorship of his parents/family he may maintain his residency visa but cannot work or be issued another work permit for the duration of the ban. If the banned person is outside the country, no new work permit will be issued to him until the lapse of the ban period.
How to check if you have a labour ban?
A person can check if he has a labour ban by calling the MoHRE hotline at 80060 which is available 24/7 in several languages. A person may also contact MoHRE through its other communication channels or through one of its Tasheel centres.
Contesting the labour ban by the employee
The employee can contest to the labour ban by submitting a grievance to MoHRE through one of its Tasheel centres, via MoHRE’s website or email ID. The complainant must attach with the grievance all supporting documents, which prove that he does not deserve a ban.
Upon submitting a grievance, the worker will receive a reference number to follow up on his request. MoHRE will form a special committee chaired by the undersecretary and certain directors of departments to study these requests and decide whether to lift or maintain the ban. Afterwards, the employee will be notified of the decision of the committee.
How to cancel a labour ban?
A labour ban cannot be cancelled or waived against a sum of money. A ban is a provision of law against violations of public policies that cannot be compromised.
Lapse of a labour ban
A labour ban is lifted automatically after the lapse of the ban period imposed by MoHRE. Please note also that the ban period starts immediately after the employee departs the country.
Regulations governing a labour ban in the UAE
The following govern the labour ban in the UAE:
Source: Ministry of Human Resources and Emiratisation via eMail
Updated on 22 Jul 2020