This article from an earlier period highlights the
distinction between the new rules that eased sponsorship transfer
and the continuing penalty of a one-year ban for workers who committed a
violation, such as breaching a contract or being absent without a valid reason.
However, the legal landscape has undergone significant
changes since this report, especially with the introduction of the Federal
Decree-Law No. 33 of 2021 (the UAE Labour Law).1
Here is an analysis of the key points with the current
(2025) legal context:
๐ซ Worker Violations and
Employment Bans: Current UAE Labour Law
1. The Employment Ban (Work Permit Restriction)
|
2010 Context |
Current (2025) Legal Status of Employment Ban |
|
Old Rule: A mandatory one-year ban was
imposed on workers who breached a fixed-term contract or absented
themselves from work without a legitimate reason (absconding). |
Current Law (2021): The automatic six-month or
one-year ban for employees who switch jobs is largely abolished for
those on the new fixed-term contracts (max 3 years), provided the termination
is lawful (i.e., serving the required notice period). |
|
Violation Ban: However, the concept of an
employment ban still exists for specific violations and is now addressed as a
Work Permit Restriction (WPR). |
Serious Violations: MoHRE can still impose a Work
Permit Restriction (WPR)—effectively a ban—on employees found to have: * Absconded:
Ceasing work without a legitimate reason and failing to return (which can
result in a one-year ban and fines). * Breached Legal Obligations:
Committing serious offences or violating the terms of a legal dispute
resolution. |
2. Termination Due to Company Closure
The woman's query highlights a situation where the company
closed due to the employer's death, and the worker failed to inform the
ministry.
- Current
Law: In cases of company closure, bankruptcy, or death of the
employer, the employee's contract is considered terminated by law.2
- Worker
Obligation: While the old rule required the worker to inform the
ministry within a reduced timeframe (2 months), the current focus is on
ensuring the employee receives their end-of-service benefits. Employees
must now approach MoHRE (Ministry of Human Resources and
Emiratisation) to resolve the status of their work permit and receive
their dues.
3. Fines on Companies for Delayed Labour Cards
The report mentions an easing of the rule on fines for
companies that delay or fail to renew labour cards, explicitly stating that fines
will be paid by the companies, not the workers.
- Current
Law (Confirmation): This principle is still strictly enforced. Under
the current UAE Labour Law, the employer is legally responsible for
all fees, fines, and costs related to the employee's work permit,
residency visa, and labour card renewal.3 The employer
cannot legally pass these fines onto the employee.
- WPS
Penalty: The most significant fines today are linked to the Wages
Protection System (WPS) non-compliance, where fines can reach up to AED
20,000 for each violation of salary payment.
In Summary: While the ability to transfer sponsorship
is far easier today, serious employment breaches like absconding can
still result in a Work Permit Restriction (ban) imposed by MoHRE. The
employer remains fully responsible for all work permit and visa-related fees
and fines.
Would you like me to clarify the current steps an
employee should take if their employer closes down or fails to pay their final
dues?
3 comments:
it is possible amnesty open in 2011 in uae plz inform me ????
Does anyone know IF there will be a UAE VISA amnesty this year 2011???
I hear that this amnesty has occured periodically over the past 8 years.
Can anyone please advise?
Hi,
Chances are very remote
Regards
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