If I resign can a company put a labor ban after working 4 months on a 2 year limited contract?


Question: I am working on a limited contract.. and its been four months now. I wanted to know that if i resign how can the company put a labour ban on me or not working for a llc company on a two years limited contract

Answer: From your enquiry, we understand the following:

  1. You are on a 2-year limited contract;
  2. You have completed four months in your employment;

As per Article 116 of the Federal Law No. 8 of 1980 (‘Labour Law’), your employer can claim compensation from you for an amount not exceeding your 45 days’ salary. With regards to an imposition of labor ban as a result of the termination of a limited term contract by an employee, we refer to Article 128 of the Labour Law, which provides the following:

“Where a non-national worker 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 worker or keep him in his service before the expiry of such period.”

The aforesaid provision does not envisage a situation where the interests of the employee are prejudiced. Accordingly, so long as the reasons for the termination of a limited term contract by the employee are not arbitrary, the aforesaid provision will not be applicable to the employee.

You may also refer to Article 130 of the Labor Law, which provides that the imposition of the aforesaid ban as per Article 128 and 129 may not be imposed when the employee and the employer have agreed to terminate the contract. Article 130 of the Labour Law provides:

 “The provisions of article 128 and 129 shall not apply to a non-national worker who, before taking up other employment, obtains the authorisation of the Minister of Labour with the approval of the original employer.”

Now, you must also note that the aforementioned labor bans may be lifted should the employee satisfy the requirements provided in the Ministerial Order No. 1186 of 2010. A reading of the Article 2 of the Ministerial Order No. 1186 of 2010 provides the following:

“The following two conditions must be met in order to grant the work permit mentioned in Article (1) of this resolution:

  1. Agreement between the employee and the employer to conclude the work relationship.
  2. The employee must have spent at least two years with the employer.”

A further reading of the Article 4 of the same Ministerial Order No. 1186 of 2010 provides:

“As an exception to the provision of the Item No. (2) of Article 2 of this Resolution, the Ministry may issue a work permit to an employee without requiring the two-year period in the following cases:

  1. a) In the event that the employee is starting his new position at the first, second or third professional levels after fulfilling the conditions for joining any of these levels according to the rules in force at the Ministry, and provided that his new wage is not less than Dh12,000 at the first professional level, Dh7,000 at the second professional level and Dh5,000 at the third professional level.”

Accordingly, if you are in skill level 4 and 5, which means that you have not officially provided any education qualification, you will get a ban if you terminate your employment contract before completing six months and subsequently serving notice as agreed upon. Failure to serve the agreed notice will still put you at a risk of a ban regardless of your qualifications.

 

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