Which acts would result in the termination of an employment contract, and result in the employee being banned from working in the UAE for one year?

The following acts by the employee would render the employee banned from working in the UAE for a year.

1. If the employee leaves his employment without a justified cause before the end of a specified there in the employment contract; or

2. In the case of an unlimited contract without giving one month’s notice of termination; or

3. The employee leaves his employment before the lapse of one month’s notice; or

4. The employee violates Article 120 of the Law; or

5. The employee works with another employer full/part time at the same time as working for his original employer.

These sanctions would only be applied if a complaint was filed by the employer requesting such.

I was working for a company here. I was blacklisted forever due to a theft case in 2005. Now a company has appointed me at the Sharjah Hamriya & Jebel Ali free zone. Is it possible that I can get an employment visa on the company sponsorship for two years?

Blacklisting or a ban is a legal mechanism in the UAE that prevents a resident or an employee from re-entering into the UAE, or from accepting any employment position with a new employer for a fixed period of time.

Workers and visitors may be subjected to an entry ban or a work ban, depending on what they have done while they were in the UAE. Blacklisting or ban could be broadly categorised into two types i.e. employment ban and immigration ban.

In an employment ban, A person is not permitted to work in the UAE for a specific period of time due to breach of certain provisions of the UAE Labour Law. An employment ban is usually given under the following circumstances:

A permanent ban is usually imposed on absconding employees.

A ban for a period of six months will be automatically imposed by the Ministry of Labour, in case if a worker has not completed two years with his current employer. An immigration ban is usually imposed for serious labour offences or crimes committed by person. Therefore, an immigration ban means that one cannot enter the UAE, irrespective of whether the person intends to enter as a visitor or for residency. Since you were convicted of theft, an immigration ban was imposed upon you. Therefore, you will not be allowed to enter into the UAE.

I have been working in a company here on an unlimited contract. I have resigned recently with 30 days notice period. I would very much appreciate if you kindly advice me on the labour ban, if any, end of service benefits, and my passport which they kept with them.

First of all, the employer does not have the right to hold the employee’s passport without the latter’s consent. Secondly, according to Articles 125, 131, 132,133 and 137 your end of service benefits are; a certificate of service (free of charges), the expenses of sending you back to your home country (a ticket and any other agreed upon expenses according to the labour contract), and your gratuity would be the salary of 21 days for each year divided by three. Finally, Under the UAE laws, if an employee leaves a job without completing two years, then, the Ministry of Labour will impose a work ban for six months or for one year if requested by the employer (KT).