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).
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