Dubai: If you work in the UAE, you may have heard the word labor ban. But what exactly is a ban? When can an employer impose a ban on an employee? First of all, a labor ban is imposed on a worker if he or she violates the provisions of the UAE Labor Law or the relevant ministerial decisions and orders or the terms and conditions set forth in his employment contract.
The ban was imposed after a thorough investigation by the Ministry of Human Resources and Emirates (MOHRE) at the request of the employer. Here is a complete list of how the work ban is imposed, the conditions to be complied with, how the work ban can affect your visa status, and whether the work ban can be appealed or revoked.
What is a labor ban?
According to the UAE’s official government portal u.ae, employers may request an injunction for the following reasons:
Even if the employment contract is terminated illegally or the UAE does not comply with the provisions of the labor law
In case of any violations listed in the UAE Labor Law
If working in another company without getting work permit from MOHRE
If you stay in the UAE for more than two months after the termination of the employment contract, for any reason, without any legal justification
In addition, according to the government portal, non-skilled workers who have not completed six months of service with their respective employers may face a work ban.
Does the labor ban apply to all workers?
The suspension may apply to all employees in cases where the employee violates executive decisions related to UAE labor law.
The ban is not limited to people with work-residence visas, but applies to any person who obtains a labor permit, labor card or labor contract (labor card or labor contract) in case of any violations that could lead to the imposition of a work ban.
Are unskilled workers the only ones subject to the ban?
The labor ban is not limited to unskilled workers. Prohibition of employment may apply to all employees in cases where the employee violates UAE labor law and related executive resolutions.
Can I apply for a job ban through an online service?
According to u.ae, there is no online service to apply for an injunction against an employee. Requests for injunctions require an inquiry from a legal researcher at MOHRE, who will invite both employer and employee to take their statements, assess the seriousness of the request and decide whether or not to accept it.
Will the work ban affect the visa status of the individual?
Depending on whether you are sponsored by your employer or on a family visa, the work ban may affect the validity of your visa.
Prohibition of employment revokes the employee’s work permit. In case of cancellation, the employer must take action to revoke the employee’s residency visa as it was based on the work permit.
What happens if the family is under sponsorship?
If the prohibited person is under the sponsorship of their family, they can retain their residency visa, but will not be able to work or issue another work permit during the prohibition period. If the banned person is out of the country, a new work permit will not be issued until the end of the ban period.
How can I check if I have a work ban?
The only way to check if you have a work ban is to contact MOHRE via their hotline – 800 60, via the MOHRE website – www.mohre.gov.ae, send an email to ask@mohre.gov.ae or visit the Tasil Center. Tasil centers are MOHRE’s customer care service entries.
To verify a work ban, you will need to provide personal details such as:
Residency & Identity Information – Emirates ID and Passport (number and emirate is passport number)
Date of Birth
Nationality
Name of the company that sponsors the residency visa
Can I oppose the ban?
If an employee plans to object to a work ban, they must file a complaint to MOHRE via their hotline – 800 60 – or the MOHRE website – www.mohre.gov.ae – or a tahsil center. The employee must have documents proving that the ban is illegal.
At the time of filing the complaint, the worker will receive a referral number to follow his request. MOHRE will form a special committee chaired by the Under Secretary and the Directors of certain departments to study these requests and decide whether to lift or maintain the ban. Thereafter, the employee will be notified of the committee’s decision.
Can I work after the suspension period?
You can only work after the official end of the probationary period. The labor ban will be automatically lifted after the end of the MOHRE ban. Also note that the ban period begins shortly after the employee leaves the country.
