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  • 09-Jan-2023

    The ministry will impose one year work ban on employees

    Work ban on employees for violating labor laws during probation

     

    The employees who violate labor laws during the probation period will be banned from working for one year in the UAE.

    A 14-day notice period must be given in case an employee travels outside the UAE. Or one month's notice if he wants to join another employer in the country. This is stated in Articles 9(3) and 9(4) of the Labor Act. If the employee does not comply with the notice period, the Ministry of Human Resources and Emiratization may impose a one-year work ban on the employee. This is according to Article 9(6) of the Labor Law: "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 time.

    In addition, a one-year ban may be imposed on an employee who is absent from work without a valid reason before the expiration of the employment contract. A foreign employee who is absent from work before the expiration of the employment contract shall not be granted another work permit to join another employer in the UAE, for a period of one year from the date of his absence from work in accordance with the provisions hereof, and no employer having knowledge of such absence shall employ him or retain him in his service during such period.

    Article 28 (1) of Cabinet Resolution No. 1 of 2022 states that if an employee is absent from work without notifying the employer for seven consecutive days, he may receive a one-year employment ban.

    However, in accordance with Article 11 and Article 28 (2) of Cabinet Resolution No. 1 of 2022, the employment ban may not apply to employees holding family-sponsored UAE residence visas; Applicants for a new work permit in the same establishment;

    Employees with professional qualifications, skills, or knowledge required by the country; Golden Residency Visa holders; and any professional categories as indicated by MOHRE as required in the UAE.

    Employees belonging to excluded categories may not be banned from employment.

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