What is a LABOUR BAN in UAE
April 25, 2024
No one tolerates the ignorance of the law because this is not an excuse. Ignorance is not tolerated anywhere in the world. If you have to live in UAE for a long time then you must have to learn the laws in UAE. One must have to learn the civil and religious rules of the country. Labour Ban must be in the knowledge of workers living in UAE like other important rules. Immigration Ban, Employment Types, Contracts, VISA, Emirates Documents etc, there are several things which must be in the knowledge of a person living in UAE. Our topic here is about Labour Ban on employees.
Read More Here: UAE Labour and Employment Law & Labour and Employment Lawyers
Why Does it Happen?
When employees breach their duties as employees to the employer or company, under the interpretation of UAE Labour and Employment Law, then the employer has the right to put a Labour Ban on the employee. When employees breach their employment contract then, they can be put under the Labour Ban. Employees can’t breach the duties which they have accepted through Labour and Employment Contracts either Labour contracts or internal employment contracts.
Labour Contract or Free Zone A Labour contract is one which is submitted to MOHRE or Free Zone while an internal contract is one which is between employee and employer. It is also a valid contract that supersedes the MOHRE or Free Zone labour contract.
Unlawful terms & conditions are not allowed
But as per Law it is also clearly mentioned that any unlawful term or condition can’t be added to the Labour and Employment contract and it is challengeable if added to the contract by the employer. Employees must not accept such unfair terms and conditions.
Labour Ban, upon request of Employer
A Labour Ban is always and can only be imposed based on the request of employer. When employees quit the job while working on limited contracts then employers can impose a Ban on employees. The expatriate employee who does not serve the 14-day notice period at the time of resigning the job can get a labour ban of 1 year. Check Article 9(6), Labour and Employment Law UAE (UAE Labour Law). Employees absent from their work duties will also get or may also get the UAE travel ban. For details, please check with our Labour and Employment Lawyers in Dubai for all UAE-based legal requirements. Labour ban and Absconding, all are explained in a very good way by our labour and employment lawyers and legal consultants.
6 Months to 1 Year Ban
As far as an auto ban is concerned then it has a 6 months duration. Employers can also request for a 1-year travel ban. It is imposed from the time of departure or the way decided by the Court.
Is there any chance to lift the BAN?
There are three known ways that you can have your Labour Ban lifted without waiting for a long time to work in the country. Let’s discuss the options available to lift the Labour Ban.
- The Labour Ban can be lifted if the employee manages to secure a good position with the highest salary in the company. For details, please check with our Labour and Employment Lawyers.
- Free Zone jobs are still available for the employees, even after the Labour Ban from LLC company.
- Any mutual consensus in the form of an agreement can also lift the labour ban.