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May
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Labor Ban and Immigration Ban
You just arrived at the airport after getting a job offer from a company in the United Arab Emirates. You're new in the field and you don’t know what’s gonna happen in the next few days, weeks, and months of staying in the country, will you be able to stay in the country for a long time?
Learning about the laws and regulations in the UAE is an important part of being an expatriate in order to survive in a foreign land wherein most things seem to be unfamiliar.
Knowing the differences between a labor ban and an immigration is vital as a part of being a worker in the United Arab Emirates. The Ministry of Labor is the concerned government department for labor ban and getting yourself familiar in the branches of government can give you an advantage over those who are not aware.
What is a Labor Ban?
A labor ban is something that is imposed on people that does not allow them to find a job or work in the country, it means people with the labor ban cannot work in the UAE at all. It can last for 6 months to 1 year.
Employees getting the labor ban is usually because of unfulfilled duties and responsibilities as per the labor contract that they signed with their employers, it is pretty common for employees with a limited contract. The labor ban is usually imposed when an employee quits with unjustified reason or when an employer fires an employee with a reasonable motive, and a 6-month ban is automatically given to the said employee, employers can also request for you to have another 6-month ban that will equal to a year of not being able to work in the UAE.
What is the Process of Imposing Employment Ban?
Usually, an investigation is held initially by a legal researcher in MOHRE with both the employer and the employee being invited to join, taking and recording their statements. Their cases will be judged and based on the seriousness of the request decide whether to accept it or not.
Valid Reasons for an Employment Ban:
⚫️ Overstaying in the UAE after an employment contract has been terminated, for any reason, for more than two months without legal reason.
⚫️ Breaching any provisions listed in Article 120 of the UAE Labor Law.
⚫️ Being associated with another company without obtaining a work permit from MOHRE.
⚫️ When their employment contract is terminated illegally or in non-compliance with the provisions of UAE labor law or the employment contract.
What is an Immigration Ban?
Immigration ban is not allowing someone to enter or have a residency visa in the UAE which is typically given because of a criminal record, or when an employee has absconded from their work. There is no doubt that encountering an immigration ban can significantly disrupt plans and impose substantial consequences for a plethora of opportunities and a vibrant lifestyle.
There are various types of immigration that is imposed on people in the UAE, that includes entry, re-entry and blacklisting, each with varying degrees of severity.
Individuals with an entry or re-entry ban are prevented from entering or leaving the UAE, it is basically a restriction to travel. Furthermore, finding work within the UAE becomes a significant hurdle for individuals with an immigration ban as employers are not allowed to hire individuals with active bans.
What Are the Causes for Immigration Bans in the UAE?
Aside from absconding from work and criminal records, you can be given an immigration ban if you have unpaid debts, any outstanding loans or unpaid bills will prevent a person from leaving the country until they’re settled. Another cause is when an individual overstay their visas which is particularly relevant for tourists who may have forgotten to renew their visas or were unable to leave the country due to unforeseen circumstances.
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