Dubai: If you are working in the UAE, you may have heard of the labour ban, which is imposed on workers who have violated the country’s labour law. However, as per the law, there are certain categories of workers that are exempt from the one-year employment ban.
Which are the categories of workers that are exempt from the ban and what are the different situations in which a ban can be imposed, as per the law? Here is all you need to know.
Labour ban provisions during probation period
Article 9 of the UAE’s Labour Law – Federal Decree Law No. 33 of 2021 – states that workers who are under probation and decide to leave the UAE and fail to provide a notice to their employer as required by the Labour Law, face an employment ban of a year.
However, Article 11 of a subsequent resolution - Ministerial Decree No. 1 of 2022 – places certain criteria and reasons sufficient to not have a ban placed on your work permit if you decide to leave during your probation period.
These are:
1) To be in a field of work that is needed by the state;
2) A worker that is under a family sponsored visa;
3) Holders of the Golden Visa; and
4) Any occupational categories according to the needs of the labour market in the country for which a decision is issued by the Minister [of Human Resources and Emiratisation] in accordance with the employment classification approved by the Cabinet.
Labour ban for leaving job after probation
As for workers who are not currently under probation, Article 50 (1) of the UAE Labour Law states: “If the foreign worker leaves work, for an illegitimate reason, before the end of the contract term, he or she shall not be granted another work permit to join another job in the State in accordance with the provisions hereof, for a period of one year from the date of the absence from work. It is also not permissible for any other employer, who is aware of the same, to employ him or keep him in his service during that period.”
However, Article 50 (2) states that the Ministry of Human Resources and Emiratisation (MOHRE) may exclude some job categories, skill levels or workers from the provision of Clause 1 of Article 50, in accordance with the rules and procedures specified by the implementing regulation.
The cabinet resolution that was subsequently issued - Ministerial Decree No. 1 of 2022 – states the exceptions in this case in Article 28 (2). The exceptions include:
1. The worker who holds a family-sponsored residency visa.
2. The worker who applies for a new work permit at the same establishment.
3. The worker who has professional qualifications, skills or knowledge levels that the State needs.
4. Golden visa holders.
5. Any professional categories according to the needs of the labour market in the State that are determined by resolution of the Minister [of Human Resources and Emiratisation] in accordance with the workers’ classification approved by the Cabinet.
However, even if you are not from one of the exempted categories, you can reach out to MOHRE if you would like to appeal a labour ban that may have been placed on you. To know more about the process you can follow, read our detailed guide here.
