In the UAE, strict laws govern labor and immigration to ensure both employers’ and employees’ rights are protected. However, situations like labor bans or absconding cases can sometimes complicate a worker’s status. Removing a labor ban or resolving an absconding case requires careful steps to align with UAE laws. This guide provides essential information on how to navigate these issues.
What Is a Labor Ban?
A labor ban is a legal restriction imposed by the UAE Ministry of Human Resources and Emiratisation (MOHRE) on a worker. It prevents the employee from working in the UAE for a specified period, typically six months to one year, depending on the severity of the issue. Labor bans can be triggered by various reasons, including:
- Resigning before completing the contract period
- Termination due to poor performance or misconduct
- Violating the terms of the labor contract
What Is an Absconding Case?
Absconding, or “Runaway Case,” occurs when an employee is reported to have abandoned their job without notifying their employer or without a valid reason. Employers can file an absconding report if the employee is absent for seven consecutive days. An absconding case can lead to serious consequences, including:
- A permanent work ban in the UAE
- Deportation and heavy fines
- Possible jail time if there are additional legal offenses
Steps to Remove a Labor Ban in the UAE
If you face a labor ban, there are a few legal routes to consider based on your specific situation:
- Appeal for Exemption with MOHRE:
- Visit the Ministry of Human Resources and Emiratisation (MOHRE) to check the specifics of your ban.
- In cases of unfair dismissal or violations of worker rights, an appeal for exemption can sometimes be filed with proper documentation.
- Request a No-Objection Certificate (NOC):
- Some companies may issue an NOC if both parties (employer and employee) have agreed to part ways. An NOC may allow an employee to transfer to another company despite the ban, depending on the nature of the violation.
- Seek Settlement through Your Employer:
- In some cases, negotiating with your employer for an amicable settlement can lead to a lifting of the ban. If the employer withdraws their complaint and provides written support, it can improve your case with immigration authorities.
- Special Skill-Based Exemptions:
- High-skilled professionals, especially those in specialized roles (e.g., doctors, engineers, teachers), may qualify for exemptions. Presenting relevant credentials and supporting documents to the MOHRE can sometimes expedite the ban-lifting process.
Steps to Remove an Absconding Case in the UAE
Absconding cases are considered serious offenses in the UAE. Here’s a step-by-step approach to resolving an absconding case:
- Confirm the Absconding Report with MOHRE:
- The first step is to verify if an absconding report has been filed by checking with the MOHRE or visiting a Tasheel center. You can also check through the MOHRE website or the Dubai Police app if the case was filed in Dubai.
- Negotiate with Your Employer:
- If you have a valid reason for your absence (e.g., medical emergencies), present supporting documentation to your employer. With sufficient evidence, they may be willing to withdraw the report.
- Employers can withdraw an absconding report within a limited time after filing if both parties agree to settle amicably.
- Submit a Grievance with MOHRE:
- If the employer is uncooperative, employees can file a grievance directly with the MOHRE, explaining the reason for their absence. Supporting documents like medical certificates or other valid explanations can help your case.
- MOHRE will mediate between you and the employer to reach a fair resolution.
- Seek Legal Assistance:
- For complex cases, hiring a legal professional experienced in UAE labor laws can be invaluable. They can assist in presenting your case effectively and advising you on the best course of action.
- Visa Status Regularization:
- If you are currently residing in the UAE on an expired visa due to the absconding case, you may need to settle any overstay fines and submit an application for visa cancellation or reactivation once the absconding case is resolved.
