UAE Employment Ban and Contract Rules
Everyone
is aware of UAE Ban rules in case of leaving job without completing contract
but the question raise that what if worker completed his/her contract, and don’t
want to renew the
contract with same company again, will he/she still can face
Ban from company (employer)?
The
answer is No, there is no Ban if you have completed the contract and not going
renew it.
No Ban for not Renewing Contract with Same Company:
Your
employer (company) may not be in a position to impose employment ban on you if
you are not willing to renew the employment contract.
In
simple words if you are working in a company and have completed or willing to
complete the current contract but don't want to renew your employment contract again
upon expiry, your company (employer) is not able to impose an employment ban.
Know the UAE Labour Law:
In
accordance to Article 1(I)(1) of Ministerial Decree 766 of 2015 on Rules and
Conditions for granting a permit to a worker for employment by a new employer
issued by the Minister of Labour states:
"A
new work permit may be granted to a worker upon the termination of the said
worker's employment relation in the following instances in case of Term
(limited) contracts:
The
term of the contract has expired and not been renewed."
What if Company Terminate the Employee before Completing Contract:
If
your employer (company) is planning to terminate you before your employment
contract expires, they are liable to compensate you for arbitrary termination.
UAE Labour Law:
Article
122 of the Federal Law No. 8 of 1980 related to Labour Relations (the 'Labour
Law') states:
"A
worker's service shall be deemed to have been arbitrarily terminated by his
employer if the reason for the termination is irrelevant to the worker and,
more particularly, if the reason is that the worker has submitted a serious
complaint to the competent authorities or has instituted legal proceedings
against the employer that has proved to be valid."
Further,
Article 1 (I) of the 'Ministerial Order Decree No. 765 of 2015 on Rules and
Conditions for Termination of Employment Relations' states:
"An
employment relation between employer and worker may be terminated as follows:
1:
In the case of fixed-term (limited) contracts (approved by the ministry for a
term of no more than 2 years), an employment relation is terminated if any of
the following instances occurs:
A:
The term of the contract expires and the contract is not renewed.
Based
on the above-mentioned UAE labour rules and regulations, you and your employer
may mutually (agree) consent to terminate the contract before the expiry of the
term.
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How ever treemonth and the employer termanet you or cancel you the employee have a rigth to complain or no?
ReplyDeleteHow if u finish d contract and u want to find another job,my question ,is how if d employer don't want to give u release paper.what is better to do.thanks
ReplyDeleteWhat happen if u have a waiter job visa n u r doing maid job. The visa is given by ur employer... What can happen in that case....
ReplyDeleteIm on a unlimited contract,and id been working for the company as a (Graphic Designer) for 8 months now. can the company put a ban on me if i am going to resign?
ReplyDeleteHow about my case, im a housemaid. I finish my 2yrs contract. My employer ask me to leave theyre house, after that they file agians me an absconding case. And i ask to immigration if i have a ban. They said i have a lifetime ban here in uae��
ReplyDeleteI receiced my termination august 4 2020, I worked for 1 yr and 5 months, my employeer dont want to compensate me for the unuse leave, a total of 42days leave is there since I didnt go for leave early this year due to lockdown, employeer reason for noy paying my 1 months leave is that I didnt file a leave form and due to company policy that no one from employee will be paid for 2019 leave. And one month payment after termination is not given too as per company policy no one will be given the same. Please advise and what to do. Thanks
ReplyDeleteHello sir /madam
ReplyDeleteI have an inquiry,my company terminated me and passed us throug CID and we were deported.It told our fellow employees that we wont enter UAE again.
How do i check if i have a labour ban or lifetime ban.
Thanks
Hello
ReplyDeleteHope you are well.
When a company terminates you and passes you through CID to your home country.How best do you know which kind of ban they have put on you.
NB.No eye scan was done .
Thank you