Khaleej Times, Monday, Aug 15, 2022 | Muharram 17, 1444
UAE labour law: When can employment bans be imposed?
Emirates:
Question: Could you please explain if the concept of employment-related bans
still exists in the UAE? If so, under what circumstances can an employee be
banned? I work in a private company in mainland Dubai.
Response: Pursuant to your queries, as you are employed by a private
mainland company in Dubai, the provisions of Federal Decree-Law No.33 of 2021 on
the Regulation of Employment Relations (the 'Employment Law') and those of
Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree-Law No.
33 of 2021 Regarding the Regulation of Employment Relations (the 'Cabinet
Resolution No. 1 of 2022') are applicable.
In the UAE, during the probation period, an employee should serve a notice
period of 14 days in case he/she is travelling outside the UAE, or one month if
he/she intends to join another employer in the country. This is as stipulated in
Article 9(3) and 9(4) of the Employment Law. In the event the employee does not
serve the notice period, the Ministry of Human Resources and Emiratisation (the
'MOHRE') may impose an employment ban of one year on the employee.
This is in accordance with Article 9(6) of the Employment Law, which states: "A
foreign employee who leaves the UAE without complying with the provisions of
this Article shall not be granted a work permit to work in the UAE for a period
of (1) one year from the date of his departure."
Further, an employee who is absent from work without a valid reason before the
expiration of the employment contract may be imposed with a ban of one year.
This is in accordance with Article 50 of the Employment Law, which states: "1. A
foreign employee who is absent from work, for illegal cause, before the
expiration of the employment contract, shall not be granted another work permit
to join another employer in the UAE, pursuant to provisions hereof, for a term
of (1) one year from the date of absence from work, and no Employer who is aware
of such absence may employ him or keep him in his service within such period.
2. The Ministry may exempt certain job categories, skill levels, or manpower
from paragraph (1) above, in accordance with the controls and procedures set by
the Executive Regulations of this Decree-Law.
3. The Employer shall report to the Ministry the absence from work according to
the procedures set by the Executive Regulations of this Decree-Law."
Article 28 (1) of the Cabinet Resolution No. 1 of 2022 states that in the event
an employee is absent from work without informing the employer for a continuous
period of seven days, he/she may possibly get one year of employment ban.
However, in accordance with Article 11 and Article 28 (2) of the Cabinet
Resolution No. 1 of 2022, an employment ban may not be applicable to the
employees who hold a family-sponsored UAE residence visa; whosoever applies for
new work permit in the same entity; employees who hold professional
qualifications, skills or knowledge that the country is in need of; golden
residency visa holders; and any professional categories according to the need in
the UAE and as mentioned by the MOHRE.
Therefore, as an employee, it may be prudent for you to resign from your
employment by serving the stipulated notice period. However, if you fall under
the exempted categories as mentioned above, there may be no employment ban
imposed on you.