UAE

UAE labour law: Some employees can be exempt from employment bans

Described: Classifications of workers that are spared

Concern: Could you please discuss if the idea of employment-related restrictions still exists in the UAE? If so, under what scenarios can a worker be prohibited? I operate in a personal business in landmass Dubai.

Action: According to your questions, as you are utilized by a personal landmass business in Dubai, the arrangements of Federal Decree-Law No. 33 of 2021 on the Law of Work Relations (the ‘Em ployment Regulation’) and also those of Cupboard Resolution No. 1 of 2022 on the Application of Federal Decree-Law No. 33 of 2021 Pertaining to the Law of Work Relations (the ‘Cupboard Resolution No. 1 of 2022’) apply.

In the UAE, throughout the probation duration, a worker ought to offer a notification duration of 2 week in situation he/she is taking a trip outside the UAE, or one month if he/she plans to sign up with one more company in the nation. This is as stated in Post 9( 3) and also 9( 4) of the Work Regulation. In case the staff member does not offer the notification duration, the Ministry of Person Resources and also Emiratisation (the ‘MOHRE’) might enforce a work restriction of one year on the staff member.

This remains in conformity with Post 9( 6) of the Work Regulation, which mentions: “An international staff member that leaves the UAE without abiding by the arrangements of this Post will not be approved a job authorization to operate in the UAE for a duration of (1) one year from the day of his separation.”

Even more, a worker that is lacking from job without a legitimate factor prior to the expiry of the employment agreement might be enforced with a restriction of one year. This remains in conformity with Post 50 of the Work Regulation, which mentions: “1. An international staff member that is lacking from job, for prohibited reason, prior to the expiry of the employment agreement, will not be approved one more job authorization to sign up with one more company in the UAE, according to arrangements hereof, for a regard to (1) one year from the day of lack from job, and also no Company that knows such lack might utilize him or maintain him in his solution within such duration.

2. The Ministry might spare specific work classifications, ability degrees, or workforce from paragraph (1) over, according to the controls and also treatments established by the Exec Rules of this Decree-Law.

3. The Company will report to the Ministry the lack from job according to the treatments established by the Exec Rules of this Decree-Law.”

Post 28 (1) of the Cupboard Resolution No. 1 of 2022 states that in case a worker is lacking from job without notifying the company for a continual duration of 7 days, he/she might perhaps obtain one year of work restriction.

Nevertheless, according to Post 11 and also Post 28 (2) of the Cupboard Resolution No. 1 of 2022, a work restriction might not apply to the workers that hold a family-sponsored UAE home visa; whosoever obtains brand-new job authorization in the exact same entity; workers that hold specialist credentials, abilities or understanding that the nation needs; gold residency visa owners; and also any type of specialist classifications according to the requirement in the UAE and also as pointed out by the MOHRE.

For That Reason, as a worker, it might be sensible for you to surrender from your work by offering the stated notification duration. Nevertheless, if you drop under the spared classifications as pointed out over, there might be no work restriction troubled you.

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