Banning the issuance of a new work permit for one year
Grounds for banning the issuance of a new work permit for one year
A ban may be imposed when a worker violates any of the provisions of Federal Decree Law No. 33 of 2021 Regarding the Regulation of Employment Relation and its Amendments (PDF, 918 KB), and its Executive Regulations which apply to workers in the private sector.
A ban may be imposed if:
- the worker terminates the employment contract during his/her probation period, provided that the employer had not breached his/her contractual obligations
- a ‘work abandonment’ report against him/her was found to be true
- his/her work permit was cancelled for a fake/dummy firm.
Which workers are excluded from getting a labour ban?
The Federal Decree Law above has specified some categories of workers who are excluded from the one-year ban. They are as follows:
- a worker who is under the visa sponsorship of his parents
- a worker who requests a new work permit from the same firm
- a worker having professional skill or knowledge levels required in the UAE
- holders of the UAE Golden residence visa
- any occupational categories, for which a decision is issued by the Minister of MoHRE in accordance with the requirements of the UAE’s labour market and the employment classification approved by the Cabinet.
How is a labour ban imposed?
The employer may raise a labour complaint against the worker who commits violations, incurring a ban for one year, in accordance with of Federal Decree Law No. 33 of 2021 and its Executive Regulations. MoHRE will investigate the complaint and judge its validity.
How can a worker check if he/she has a labour ban?
A worker can check if he/she has a labour ban by calling MoHRE’s hotline at 6005-90000 which is available from 8 am to 8 pm. The service is available in several languages. A worker may also contact MoHRE through its other official communication channels.
How can a worker contest a labour ban?
A worker can contest the labour ban by submitting a grievance to MoHRE through one of its several communication channels. The complainant must attach with the grievance, all supporting documents, which prove that he/she does not deserve a ban.
Is the work ban lifted automatically after the expiry of its term?
A labour ban is lifted automatically after the lapse of the ban period imposed by MoHRE. Please note that the ban period starts immediately after the worker departs from the UAE.
Regulations governing a labour ban in the UAE
Following laws and regulations govern labour ban in the UAE:
- Federal Decree Law No. 33 of 2021 Regarding the Regulation of Employment Relationship and its amendments (PDF,918 KB)
- Cabinet Resolution No. 1 of 2022 on the implementation of Federal Decree-Law No. 33 of 2021 Regarding the Regulation of Labour Relations (PDF, 918 KB)
- Ministerial Resolution No. 47 of 2022 Regarding the Settlement of Labour Disputes and Complaints Procedures (PDF, 652 KB).
Source: Ministry of Human Resources and Emiratisation via eMail
Updated On :
29 Oct 2024
