Explained: Categories of employees who are exempted
Question: Could you please explain if the concept of employment-related bans still exists in the UAE? If so, under what circumstances can an employee be banned? I work in a private company in mainland Dubai.
Response: Pursuant to your queries, as you are employed by a private mainland company in Dubai, the provisions of Federal Decree-Law No.33 of 2021 on the Regulation of Employment Relations (the 'Employment Law') and those of Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree-Law No. 33 of 2021 Regarding the Regulation of Employment Relations (the 'Cabinet Resolution No. 1 of 2022') are applicable.
In the UAE, during the probation period, an employee should serve a notice period of 14 days in case he/she is travelling outside the UAE, or one month if he/she intends to join another employer in the country. This is as stipulated in Article 9(3) and 9(4) of the Employment Law. In the event the employee does not serve the notice period, the Ministry of Human Resources and Emiratisation (the 'MOHRE') may impose an employment ban of one year on the employee.
This is in accordance with Article 9(6) of the Employment Law, which states: "A foreign employee who leaves the UAE without complying with the provisions of this Article shall not be granted a work permit to work in the UAE for a period of (1) one year from the date of his departure."
Further, an employee who is absent from work without a valid...
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