The Ministry of Human Resources and Emiratisation (MoHRE) has outlined updates to labour laws regarding the suspension of work permits for workers who leave their jobs without proper authorisation.
The ministry emphasised that employees who abandon their jobs without notifying both their employer and the relevant authorities are in violation of UAE labour laws.
MoHRE further clarified that foreign workers who terminate their employment unlawfully before the end of their contract will be banned from obtaining a new work permit for one year from the date of cessation.
However, the ministry introduced five key exceptions to this rule, including Golden Visa holders.
Exemptions to work permit suspension
The following categories of workers are exempt from the one-year work permit suspension:
Workers sponsored by family members or relatives
Workers seeking a new permit with their current employer
Highly skilled workers with specialised professional or technical knowledge
Holders of the Golden Visa.
Other professional categories as defined by the Ministry, based on labour market demands and approved by the Cabinet.
Conditions to get new work permit
Workers may transfer to a new employer under the following conditions:
Upon completion of the contract period, provided no renewal is made
If the contract is terminated during its term in accordance with Articles 42 and 45 of the Labour Law.
If the employer terminates the contract without any fault of the worker.
MoHRE also highlighted that employment termination is considered unlawful if the worker’s complaint is legitimate or if legal action is initiated against the employer. In such cases, the employer must compensate the worker fairly, considering the nature of the job, damages incurred, and the length of service, with the compensation not exceeding three months’ salary.
Reporting worker absence
Employers can report worker absences exceeding seven days where the worker is uncontactable. The steps for filing a complaint are as follows:
Log in using your username and password or via UAE Pass.
Submit the complaint, including the worker’s personal details (work permit or passport number, name, date of birth, and nationality), absence date, and the establishment’s details.
Verify the identity of the applicant using required credentials and an OTP sent by SMS or email (except when using the smart app).
The ministry will review the complaint and take appropriate action, notifying the complainant of the outcome via SMS.
Terms and conditions for filing a complaint:
The worker must have been absent for more than seven days
Any applicable fines for failure to issue or renew a work permit must be paid.
The worker must be physically present in the UAE.
The work permit is automatically cancelled upon the ministry’s approval of the complaint, unless related to recruitment or work permit transfer.
Contract Termination
MoHRE clarified that either party may terminate a employment contract for legitimate reasons, provided prior written notice is given. Both parties are expected to fulfil their contractual obligations during the notice period and adhere to termination procedures.
Termination by the employer is deemed unlawful if it occurs due to the worker filing a legitimate complaint with MoHRE or initiating a legal case against the employer. If the claim is proven valid, the employer must compensate the worker based on the court’s decision.
