Labour Ban as per OLD UAE Labour Law
Disagreements and misunderstandings between the employer and employees are common worldwide. Labour Bans are quite normal in the United Arab Emirates. An array of disputes arises between employees and employers. In many situations, the employees choose to resign from the workplace. They have little idea about the repercussions as the labour laws in UAE define the criteria. Lawyers at Dubai can be hired to understand the OLD and NEW UAE Labour Law for Labour and Employment Ban issues. The New UAE Labour Law rules will also be shared, ahead.
Under the criteria, an employer with the 2 years labor contract cannot leave the company unless providing a reasonable justification to leave the work. Henceforth, it is advisable to inform the employer or give proper prior notice in order to avoid problems and issues. Besides, labour bans can last for over 6 months which is the basis of the Ministry of Labor’s discretion upon the request of an employer. During this tenure, under the law, labourers are not allowed to work in a country. Moreover, you cannot be issued an employment visa as well.
This labour ban means you need to wait for 6 months or even 1 year to work again. Still, there are several ways in which you can avoid the Labour Ban or make efforts to uplift the ban. Furthermore, there are 2 major kinds of Labour Bans in the UAE. 1 is imposed by the Ministry of labour. The company may have requested a Labour Ban. It might be the decision of the company to ban you from working and secondly, it may be requested by the employer. Whenever the company files for a labour ban, it is due to absconding. The employer may claim that the actions of an employee have cost thousands and millions of revenues.
There are 2 ways to remove Labour and Employment Bans. The employees may choose to settle the matter with the company or the employer. There can be a conversation held between the two stakeholders for an amicable settlement of the matter.
Labour Ban as per New Labour Law
Based on Federal Decree Law, as per Federal Decree-Law # 33, of 2021 and Cabinet Resolution No.1 of 2022, the implementation of Federal Decree Law # 33 of 2021, is applicable. As per UAE Labour Law came in February 2022, an employee has to serve a notice of 14 days if he or she has to leave UAE. The employee will serve a one-month notice if he or she is going to join a new company. The employment processing cost is paid by the new employer. This is supported by Law Number Article 9(3) and (4), of New UAE Labour and Employment Law. The terms coming from the OLD Law are the same as an absence from employment will cause 1 year Ban. Person/Employee will also have to face 1-year ban if he or she leaves the country without telling an employer. But we must be considering that few VISA categories and the Job types do not come under this labour ban rule.
Labour and Employment Lawyers
VISA categories and the other job requirements can be discussed with UAE Labour and Employment Lawyers. The Labour and Employment Lawyers in Dubai, are one of the best Lawyers in Middle East, who can serve, counsel and offer the legal services very well in UAE. They are considered the professional and talented lawyers among all the litigation and law experts in world. It also shows and proves that Dubai has a very reliable structure, and professional structure to organize everything.
As we mentioned above that, please contact Labour and Employment Lawyers for a quick and updated knowledge. Legal Knowledge and information are updated on regular basis, therefor Labour and Employment Lawyers must be consulted, prior to take legal action. We do not own any responsibility.