In 2023, disputes and misunderstandings between employers and employees can sometimes lead to labor bans in the United Arab Emirates (UAE). Whether you find yourself in this situation, we can assist you in removing your labor ban, allowing you to work for another company without any complications.
If you require assistance in resolving this matter, gulfadvocates.com and Legal Consultants in Dubai are at your service throughout the country. With over a decade of experience, we have successfully handled numerous cases, securing favorable settlements for our clients.
As businesses continue to thrive in the UAE, more job opportunities become available for individuals entering the country. However, disputes between employers and employees are not uncommon. When such disputes escalate, the UAE Labor Department becomes involved, and in more severe cases, both parties may need to attend a court hearing.
This is where labor lawyers in the UAE play a crucial role. They serve as representatives for both parties involved in disputes and negotiations. Labor lawyers in Dubai can offer guidance or advocate for either party as required.
What is a Labor Ban? In the UAE, labor bans are a common occurrence in the realm of employer-employee relationships. Employees may encounter a labor ban when they decide to resign from their current company or terminate a limited contract prematurely.
An employee bound by a standard two-year labor contract, which is typical for limited contracts, cannot leave the company unless their reasons for doing so are justifiable as per the provisions outlined in Article 121 of the UAE Labor Law.
To avoid any potential problems or issues
How Long Does a Labor Ban Last? A labor ban can last either for a period of 6 months or 1 year, as determined by the Ministry of Labor upon your employer’s request.
During this duration, it is not legally permissible for you to work in the country, as you will not be eligible for an employment visa. Consequently, you must wait for the specified 6-month or 1-year period to elapse before you can commence employment with a new company.
Nevertheless, even in this situation, there are still avenues available for having your labor ban status in the UAE lifted.
There are two distinct types of labor bans in the UAE:
- A labor ban imposed by the Ministry of Labour: This ban is a decision made by a government department responsible for labor and employment matters in the country. The Ministry of Labour evaluates each situation based on the provided information and exercises discretion in imposing a labor ban for either six months or one year.
- A labor ban initiated by the employer: Employers may request a labor ban for an employee who has either absconded or allegedly caused significant financial losses to the company through their actions.
In 2022, there are two methods to remove a labor ban status in the UAE. Whether it has been issued by the Ministry of Labour or at the request of your employer, there are avenues available to avoid a prolonged period of unemployment in the UAE, with the need to exit the country repeatedly for visa changes.
- Resolution with the Employer: If your labor ban has been imposed by your employer, the sole means to have it lifted is through direct communication with your employer. You can request them to lift the labor ban on your behalf.
- Documentation for the Ministry of Labour: If your labor ban is imposed by the Ministry of Labour, you have the option to seek employment with a company offering a minimum salary of AED 5,000. In this case, you should obtain an offer letter from the new company and present it to the Ministry of Labour.
For a more comprehensive understanding of labor laws and how they apply to your specific situation, please feel free to contact us for a complimentary consultation