
REVISED REGULATIONS & EXEMPTIONS REGARDING WORK PERMIT SUSPENSION
Several important amendments have been made by the UAE’s Ministry of Human Resources & Emiratisation [MoHRE] to the labour laws relating to the suspension of work permits. The purpose of these amendments is to ensure compliance with labour laws and to clarify the rights of employees and the responsibilities of employers.
Employees who resign without appropriate authorisation
will incur a One-Year Prohibition on acquiring a new work visa.
Nevertheless, Five Significant Exceptions to this regulation have been
delineated as such-
i]
Holders of Golden Visa are exempt.
ii]
Employees supported by Family Members or Relatives.
iii]
Expert Professionals specialised in technical or professional knowledge.
iv]
Employees who are in the process of obtaining New
Permit from their Current Employer.
v]
Additional professional categories as identified by Labour
Market Needs and sanctioned by the Cabinet.
MoHRE has further delineated the criteria for Transfer
of Work Permits, permitting employees to transition to a new company under
specific conditions herein as follows-
i]
Their contract term has concluded without extension.
ii]
Termination is legally executed in accordance with Articles
42 & 45 of Federal Decree Law No. 33/2021.
iii]
The employer terminates the contract without any
wrongdoing on the part of the employee.
The One-Year Suspension is not imposed on employees who file Legitimate Complaints or take legal action against their employers, thereby guaranteeing that they are not unjustly penalised.
Employers may report employees absent for over Seven Days by implementing a procedure utilizing UAE Pass or a verified Identification. Upon approval, the workers permit is automatically revoked unless associated with active recruitment or transfer.
In the instances of Unlawful Termination, MoHRE requires employers to provide equitable compensation to affected employees, limited to Three Months Salary, considering the employees position, tenure and incurred damages.
These changes demonstrate MoHRE’s dedication to harmonising labour market efficiency with the protection of worker rights and the promotion of legal employment practices.