To understand the Labour Ban, we also need to understand the travel ban as both are entirely unique. A travel ban refers to the prohibition for an individual to enter, re-enter or leave the country until the ban is lifted. A travel ban must not be confused with a labor ban, both are entirely different concepts. If you are in the UAE you must have heard of labor bans. They are imposed on workers who have violated the UAE labor laws. They have not properly followed the labor laws applicable in the country. Absconding is also put on the employees if they are found missing, not attending the office, not responding to HR or hiding themselves. These circumstances do allow the employer to, put absconding on employee or more than one employees. Employment Lawyers in Dubai can be consulted, to understand the differences and other important information. Labour and Employment Lawyers in Dubai are the best Advocates and Legal Consultants in all the region. You can also hire the Labour and Employment Law Firms.
As per the law, if a person fails to provide their employer with notice before leaving, he may face a whole year employment ban. According to the Labour Law in UAE it is restricted to employment relationships. The relationships are governed by the MOHRE – Ministry of Human Resources and Emiratization. As per Article 9, Labour Law 2022, which states: “A foreign employee who leaves the UAE without complying with the provisions of this Article shall not be granted a work permit to work in the UAE for a period of (1) one year from the date of his departure.”
Labor bans work in conjunction with the labor laws of the United Arab Emirates. Moreover, it is also according to the decree issued by the MOHRE. This ban is different from travel restrictions as travelers can freely come to the United Arab Emirates. Although, there is a specific criterion highlighted by the Ministry which results in a ban imposition on work permits. They are imposed if the worker works in a field that is required by the state. Secondly, a worker is under a family-sponsored visa. Thirdly, he is the holder of a Golden visa.
Lastly, under circumstances where the employment relationships are not governed by MOHRE, the labor ban is not applied. Similarly, in the free zones where the relationships are administered by Free Zone Authorities, such labor bans are not applicable. Therefore, an individual who faces the labor ban is still allowed to enter or exit the country irrespective of its duration of work. However, the individual is restricted from working. He will not be issued the work permit from the concerned authority “MOHRE”. Such people who face labor bans can easily visit the UAE on tourist, investor, or student visas. They are also permitted to work in the UAE in sectors where MOHRE work permits are not needed. This may include free zones, government offices, or elsewhere. When there is a travel ban then the one can’t enter inside the UAE or leave the UAE.
When this is implemented?
There are some instances under which a labor ban is imposed. If the worker is under the probation period and elects to leave the country without providing prior notice to the employer then he can face a labor ban of a year. Furthermore, if a worker leaves the work without giving any solid reason and before the end of the terms of the contract period, he is not allowed to seek employment with any other job in the state according to the provisions. Similarly, the person who knows about it is not permissible to hire him for the work. It also excludes some of the job categories from it including skilled workers according to the rules and regulations. If a person feels something unfair happened to him or her, he is free to appeal to MOHRE for uplifting the labor ban. An individual has the right to appeal if he intends to use it.