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The "labour ban" is just that, a mandatory ban enforced through the department of labour on an employee who has just finished, or who has just terminated his/ her contract.

It is a little more complicated that that as it is subject to a number of exclusions and inclusions.

At the moment the labour ban (period) is calculated as 6 months from the date of the cancellation of your contract.

1. a labour ban is not enforceable on any uae national changing positions
2. a one year ban is enforced on expatriate employees of the state/ municipal or government services – no exceptions
3. “Article 128, A non-National worker, who abandons his work without a valid reason before the expiry of his definite term contract, may not, even with the employer's consent, take up other employment until the lapse of one year from the date on which he abandons his work. No other employer may knowingly recruit such worker or keep him in his service before the lapse of such period.”
4. “Article 129, A non-National, who notifies the employer of his desire to terminate his indefinite term contract but abandons his work before the expiry of the statutory period of notice, may not, even with the employer's consent, take up other employment until the lapse of one year from the date on which he abandons his work. No other employer may knowingly recruit such worker or keep him in his service before the lapse of such period.”
5. points 3 and 4 are the crux of the “labour ban” and can above can be waived only if prior authorisation was obtained from the minister of labour based on the consent of the current employer
6. if the employment contract was breached by the employer on the grounds of non-payment or physical assault (article 121) and a formal complaint was lodged by the employee at both the department of labour and the police department (although this is on a case-by-case basis not is not guaranteed)
7. Free Zone employees are not subject to the ban

As you can see it’s a little “grey” as – what you need to remember is that this is the Federal Law, Dubai as well as some of the other emirates, tweak and change it to suit their particular needs. If memory serves me correctly there have been about 5 or 6 changes to this law (by the emirate of Dubai) over the past 6 years. Essentially what is enforced today can be changed overnight! For example, the Federal law currently provides for a one year ban, where in effect Dubai only implements a 6 month ban.

It is also not uncommon to simply pay a “waiver fee” to the department of labour to have the ban overturned – in effect negating the above regulations!!!!!

gtmash wrote:I've never heard of police EVER being involved in people getting banned. I even know a guy whose father frequently bans his fired workers just because he can.

Chocoholic wrote:Bans are a money making scheme. You simply wander over to immigration with 3,000 Dhs and pay them to remove it.