There are times when workers, whether deliberately or unintentionally, act in ways that harm their employers or breach the rules that regulate employment relationships in the UAE. Working bans are imposed in the UAE to shield private sector companies from the consequences of such actions. A labor or work ban is a process by which the competent authority (MoHRE) may prohibit non-nationals from working in the UAE for a set period of time (usually one year) if they have broken the rule. Yes, this tool is only used by expats or foreign nationals who work in the UAE. However, the UAE has other rules that punish nationals who violate labor laws or job duties, but this article will focus on the non-national labor prohibition.
Who has the right to impose labor ban?
Only the Ministry of Human Resources and Emiratisation (MoHRE) has the authority to make or enforce the ban, according to the statute. In most cases, the employer asks the MoHRE to enforce a labor ban within UAE territory if the employee breaches labor laws and/or his/her employment contract. The Ministry of Health and Human Rights then appoints a legal officer to investigate the case before making any decisions.
When will employers be allowed to seek a labor ban?
If the employee's employment contract was terminated for one of the reasons mentioned in article (120) of Labor Law No. 8/1980, the MoHRE has the authority to exclude non-national workers from working in the UAE for a period of one year: if the employee committed any of the following: if the employee's employment contract was terminated for one of the reasons listed in article (120) of Labor Law No. 8/1980:
In the following circumstances, the employer can fire the employee without cause:
- If the employee uses a fake name or nationality, or submits forged documents or certificates.
- If the employee was hired on a probationary basis and was fired at or at the end of that term.
- If he makes a mistake that results in a significant material loss to the employer, the latter must notify the labor department of the incident within 48 hours of becoming aware of it.
- If an employee disobeys orders concerning the protection of the workplace, those instructions must be posted in writing in a visible location and, in the case of an illiterate employee, the latter must be told orally.
- If he fails to fulfill his basic duties under the contract of employment and continues to do so after a formal inquiry into the matter and a notice that if the same thing happens again, he will be dismissed.
- Whether he reveals some information about the company where he works.
- If he receives a final judgment from a competent court for an offense that jeopardizes honor, integrity, or public morality.
- If he is found intoxicated or under the influence of a drug during working hours, he will be shot.
- If he assaults the boss, the manager, or any of his co-workers during the course of his job.
- If he is absent without lawful reason for more than twenty days in a row or for more than seven days in a row in a year.
- If the employee violated the Minister of Labor's decree (765) of 2015, the employee will be terminated. In both fixed and unlimited contracts, a termination notice must be served at least one month before termination and no more than three months before termination. OR according to the terms of the employment contract.
- If the employee misses work for no reasonable reason or within the notice span mentioned above, he or she may be barred from working in the UAE.
- If the employee's employment in the state was terminated or cancelled as a result of a deportation order imposed by the appropriate authority or a court decision.
- If the employee participated in an unlawful strike or incited others to do so, he was fired.
- The MoHRE could also impose a one-year ban on the worker if his work permit or sponsorship was revoked due to a communicable disease or in compliance with Department of Labour Inspection procedures.
- If a foreign national employed in the United Arab Emirates without a valid work permit. Or remained in the country for more than two months after his or her job was terminated if he or she was not on another visa that allowed them to legally remain in the country.
Finally, the UAE government acknowledged the detrimental effect that workers who do not conduct their job duties in compliance with the law and employment contract may have on the private sector and, as a result, on the economy. Nonetheless, the worker can appeal the job ban by sending a grievance request via the MoHRE website and e-mail, along with all supporting documentation showing that he does not deserve to be banned.