According to Labor law, the Ministry may impose a ban on an employee to issue a new work permit for one year.
According to Ministerial Resolution No. (47) Of 2022 Regarding the Settlement of Labor Disputes and Complaints Procedures of Article (8) “A worker whose work relationship has ended for the reasons set out below shall not be granted a work permit before the lapse of one year from the date of his/her departure”
- If the worker decides to terminate the contractual relationship during the probation period, provided that the employer is not in breach of his / her contractual obligations.
According to Federal Decree-Law No. 33/2021 On Regulation of Labor Relations Article 9 (6) states “If the foreign Worker leaves the State without observing the provisions of probation law of article 9, he shall not be granted a Work Permit to work in the State for a period of one year from the date of leaving the State”
- Under Article 50 of Law no.33 of 2021 also ban can be imposed for absconding “If the foreign Worker leaves Work for an illegal reason, before the end of the contract term, no other Work Permit shall be granted to him to join another job in the State in accordance with the provisions of this Decree-Law, for a period of one year from the date of suspension of Work. No other Employer who is aware of the same may employ him or keep him in his service during that period”
Cabinet Resolution No: (1) of 2022 On the Executive Regulations of Federal Decree-Law No: (33) of 2021, regarding the regulation of labor relations Article (28) Controls for reporting worker’s absence “The absence from work is for more than 7 consecutive days, without the employer’s knowledge of the worker’s location or the possibility of communicating with him”
The Employer needs to notify the Ministry of the incident of Work suspension in accordance with the procedures specified in the Law.
And if it is proven that the work abandonment report is found to be true then a year ban may be imposed.
Following are the exception to the ban rule:
- The worker who is dependent on the residence of his relatives.
- A worker requesting a new work permit for the same facility
- The worker who is of professional, skill, or knowledge levels that the country needs.
- Golden residency holders.
- Any occupational categories according to the needs of the labor market in the country for which the Minister issues a decision in accordance with the classification of labor approved by the Cabinet.
Atty. Imran Khan, a legal consultant in Bin Eid Advocates
imran_advocate@live.com
This article is under the supervision of Atty. Imran Khan, a legal consultant in Bin Eid Advocates
