UAE: Curiosity – Frequently Asked Work Ban Questions – Dubai
FAQs clarifying areas of confusion
Question: When is a work ban imposed and how can it be removed?
Answer: A work ban can be imposed on an employee either by the Ministry of Labor or by an employer. A work ban can last for six months if it is imposed by ministry or for one year if it is imposed by the company during which time the individual is not allowed to work in the UAE.
A six months ban is generally imposed when an employee leaves a job without completing two years with an employer. A one year ban may be imposed based on company’s request when an employee resigns before completion of a limited period contract per the agreed terms.
The regulations related to private companies registered with Ministry of Labor describe three cases when an automatic six months ban can be removed:
- If an employee is to be paid by a new employer according to his/her educational qualifications. The employee must prove qualifications by presenting a fully legalized educational certificate. If an employee holds a university/MBA degree, he/she should earn a minimum of 12000 Emirati dirhams (approximately 3300 US dollars) a month in order to lift the ban. Diploma holders (post secondary) should earn not less than 7000 dirhams (approximately 1900 US dollars) and workers who have passed high school should be paid a minimum salary of 5000 dirhams (approximately 1360 US dollars).
- The contract is terminated due to the employer’s violation of legal and labor obligations towards the worker, or in case the worker has no role in terminating the work relationship.
- The employee is transferred to another company the employer owns or has shares in.
Question: I am working on a limited contract. I want to resign before completing contract per agreed terms. Will there be a ban imposed on me?
Answer: If you have not completed two years with your current employer, you will be automatically banned by Ministry of Labor for the period of six months. Furthermore, in case of a limited contract, your company may impose a one year work ban. If both bans are applicable, the total period within which an employee will not be allowed to work will be one year.
Question: I have a work ban on me and it cannot be lifted. Will I be forced to leave the UAE?
Answer: You are allowed to stay in the UAE as long as you hold any other type of visa as you will not be able to obtain an employment visa during ban period.
Question: Can I be banned from the UAE permanently?
Answer: A permanent immigration ban can be imposed by the immigration authority for absconding (leaving a job without informing the sponsor) or for criminal offenses.
Question: My employer is closing down the company I work for, before I have completed my two years working there. Is a ban applicable in this case?
Answer: If an owner decides to close the company and if an employee has not yet completed two years of employment within that company, an automatic six months work ban would apply to that employee. In order to avoid such ban, an employee can file a complaint at the Ministry of Labor After reviewing a complaint and confirming the facts pertaining to closure of the company, the authority may decide not to impose a ban on this employee.
Question: If my new employer is not paying me according to my qualifications can the ban be lifted with a no objection certificate (NOC) from my past employer?
Answer: If you have not completed two years of employment with previous employer, you will be automatically banned by Ministry of Labor for six months. You will not be able to lift the ban by paying certain amount or providing NOC from previous employer in most cases. Obtaining a no-objection certificate might be a possibility only for free zone DIFC.
Question: I want to leave my company while serving my probation period. Is this possible?
Answer: The automatic 6 months ban is applicable even during your probation period.
Question: How do I know if I am banned from the UAE?
Answer: You can check online whether there is a ban on your visa on the website of the Ministry of Labor or by contacting Ministry of Labor directly on the number 800665.
Our articles are for informational purposes only. Should you have any further questions regarding matters related to business immigration to the UAE, please feel free to contact your global Move One immigration specialist, or send an e-mail to firstname.lastname@example.org .
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