إسأل Attorney الآن
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
Lawyer
Dear Sir, one of my employee have the total...
Dear Sir, one of my employee have the total secrets of my business and now he want to get his visa cancelled and go to my competitor to teach him all the secrets of my company so i want to put a life time ban on him so he cannot visit uae again to destroy my business.so how can i do that?
إطرح سؤالك
إجابة الخبير: Doaa Abd El-Jawwad
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
According to the UAE labor law, ban from working occurs for a period of one year in case of terminating a fixed-term work contract before its deadline and that the worker leaves without a valid reason, or in the case of leaving the work before the end of the legal notice period for the unfixed term contracts.
There are no electronic / smart services to request a work ban, but it is based on a request submitted by the employer who has been harmed of the worker committing a violation of the labor contract and the labor law as well, and this requires an accurate consideration of the case by the legal staff at the ministry to ensure how serious the request is and the employee's entitlement. Consequently, the status of this ban goes through several stages. Therefore, the Ministry is the entity decides not to make it active through smart services to require the parties to attend, take their statements and take the right decision of this regard.
There are no electronic / smart services to request a work ban, but it is based on a request submitted by the employer who has been harmed of the worker committing a violation of the labor contract and the labor law as well, and this requires an accurate consideration of the case by the legal staff at the ministry to ensure how serious the request is and the employee's entitlement. Consequently, the status of this ban goes through several stages. Therefore, the Ministry is the entity decides not to make it active through smart services to require the parties to attend, take their statements and take the right decision of this regard.
When can an employer apply for a ban?
There are several cases by which employers can submit a request for banning the employee / worker who unlawfully terminates his work relationship with the employer, and violates the provisions of the Labor Law, such as ignoring the notice period in unfixed-term contracts, for example, or ending the fixed-term contract before its deadline date
He committed one of the violations mentioned in Article 120 of the Labor Law
In case the worker works for other company without a permit issued to him by the Ministry of labor
Or, if the worker remains in the country after the termination of the labor relationship for any reason, and for more than two months without any legal excuse
There are several cases by which employers can submit a request for banning the employee / worker who unlawfully terminates his work relationship with the employer, and violates the provisions of the Labor Law, such as ignoring the notice period in unfixed-term contracts, for example, or ending the fixed-term contract before its deadline date
He committed one of the violations mentioned in Article 120 of the Labor Law
In case the worker works for other company without a permit issued to him by the Ministry of labor
Or, if the worker remains in the country after the termination of the labor relationship for any reason, and for more than two months without any legal excuse
Unskilled labor, who has not completed a period of 6 months working with his / her current employer, and has never worked in the country.
Types and periods of work bans issued by the Ministry of Human Resources and Emiratisation
The ban from work in the UAE is for a year, or permanent.
The impact of the work ban on the worker's visa and residence
The work ban sealed stamp of the state that the aforementioned worker is not authorized to work for the duration of the ban and consequently nulls the work permit, and the employer must complete the procedures of cancelling the worker's residence if it is still in the name of the company he / she works for.
Types and periods of work bans issued by the Ministry of Human Resources and Emiratisation
The ban from work in the UAE is for a year, or permanent.
The impact of the work ban on the worker's visa and residence
The work ban sealed stamp of the state that the aforementioned worker is not authorized to work for the duration of the ban and consequently nulls the work permit, and the employer must complete the procedures of cancelling the worker's residence if it is still in the name of the company he / she works for.
On the other hand, if the employee’s residence visa is on family, he / she shall retain his / her residence without cancellation, but it is not possible to issue another work permit til the end of the ban, and if the worker is outside the country, he / she will not be able to obtain a new work permit until the end of the ban period.
إسأل Attorney
Doaa Abd El-Jawwad
Attorney
الأسئلة المجابة 80029 | نسبة الرضا 98.7%
- 100% ضمان الرضا
- انضم الى 8 مليون من العملاء الراضين
المحادثات تتم ضمن هذه البنود