Labor ban and other consequences of resigning from a limited contract during probation

Dear Questioner,

As per Article 128 of the UAE Labor Law, a one-year ban may be imposed on you for terminating the limited contract during the probation period.

It states that "Where a non-national employee leaves his work without a valid reason before the expiry of a contract for a limited period, he may not, even with the employer's consent, take up other employment for one year from the date on which he left his work. It shall not be lawful for any other employer who is aware of the fact to recruit such employee or keep him in his service before the expiry of such period."

You may avoid the ban if you terminate the employment contract on a mutual consent basis after the completion of the probation period. Ministerial Decree No. 1094 of 2016 has laid down certain provisions regarding the applicability of the employment ban during the term contracts.

The above requirement shall not apply to:

(a) Employees who qualify for skill levels 1, 2 and 3

(b) Employees who qualify for skill levels 4 and 5, if their new work permits are granted to work in works requiring skill levels 1, 2 or 3, and if they have the required qualifications for such skill-level jobs.

(c) Employees who qualify for skill levels 4 and 5, if their old jobs were inside the state and if they completed a period of no less than six months with the old employer.

(d) Employees who are on the sponsorship of their families and who satisfy the requirements for work permits.

(e) Employees who are applying for a new work permit to work for the same establishment that canceled their work permit, with no new work permit resulting from such cancellation, or for any other establishment owned by the same employer, severally or jointly with others.

Regards,

Rajasree Ravivarma