Which acts would result
in the termination of an employment contract, and result in the employee being
banned from working in the UAE for one year?
The following acts by
the employee would render the employee banned from working in the UAE for a
year.
1. If the employee
leaves his employment without a justified cause before the end of a specified
there in the employment contract; or
2. In the case of an
unlimited contract without giving one month’s notice of termination; or
3. The employee leaves
his employment before the lapse of one month’s notice; or
4. The employee violates
Article 120 of the Law; or
5. The employee works
with another employer full/part time at the same time as working for his
original employer.
These sanctions would
only be applied if a complaint was filed by the employer requesting such
I was working for a
company here. I was blacklisted forever due to a theft case in 2005. Now a
company has appointed me at the Sharjah Hamriya & Jebel Ali free zone. Is
it possible that I can get an employment visa on the company sponsorship for
two years?
Blacklisting or a ban
is a legal mechanism in the UAE that prevents a resident or an employee from
re-entering into the UAE, or from accepting any employment position with a new
employer for a fixed period of time.
Workers and visitors
may be subjected to an entry ban or a work ban, depending on what they have
done while they were in the UAE. Blacklisting or ban could be broadly
categorised into two types i.e. employment ban and immigration ban.
In an employment ban, A
person is not permitted to work in the UAE for a specific period of time due to
breach of certain provisions of the UAE Labour Law. An employment ban is
usually given under the following circumstances:
A permanent ban is
usually imposed on absconding employees.
A ban for a period of
six months will be automatically imposed by the Ministry of Labour, in case if
a worker has not completed two years with his current employer. An immigration
ban is usually imposed for serious labour offences or crimes committed by person.
Therefore, an immigration ban means that one cannot enter the UAE, irrespective
of whether the person intends to enter as a visitor or for residency. Since you
were convicted of theft, an immigration ban was imposed upon you. Therefore,
you will not be allowed to enter into the UAE.
I have been working in
a company here on an unlimited contract. I have resigned recently with 30 days
notice period. I would very much appreciate if you kindly advice me on the
labour ban, if any, end of service benefits, and my passport which they kept
with them.
First of all, the
employer does not have the right to hold the employee’s passport without the
latter’s consent. Secondly, according to Articles 125, 131, 132,133 and 137
your end of service benefits are; a certificate of service (free of charges),
the expenses of sending you back to your home country (a ticket and any other
agreed upon expenses according to the labour contract), and your gratuity would
be the salary of 21 days for each year divided by three. Finally, Under the UAE
laws, if an employee leaves a job without completing two years, then, the
Ministry of Labour will impose a work ban for six months or for one year if
requested by the employer (KT).
