The Ministry of Human Resources and Emiratisation (MoHRE) has announced important updates regarding the suspension of work permits for employees who leave their jobs without proper authorization. These changes clarify the rules and introduce five key exemptions to the one-year work permit suspension for foreign workers.

Key Exemptions to Work Permit Suspension

The following categories of workers are exempt from the one-year suspension:

  1. Family-Sponsored Workers: Employees sponsored by family members or relatives are not subject to the suspension.
  2. Current Employer Permits: Workers seeking a new permit with their current employer can continue without facing suspension.
  3. Golden Visa Holders: Individuals holding the prestigious Golden Visa maintain their eligibility for work permits.
  4. Contract Completion: Workers can change employers freely after completing their contract term without renewal.
  5. Early Contract Termination: Employees whose contracts are terminated early under Articles 42 and 45 of the Labour Law, or those terminated without fault, remain eligible for new permits.

Conditions for Obtaining a New Work Permit

Workers may transfer to a new employer under specific conditions:

  • Completion of the contract period, provided no renewal is made.
  • Termination during the contract term in accordance with labor laws.
  • Employer-initiated termination without any fault on the worker’s part.

MoHRE emphasizes that employment termination is unlawful if a worker has filed a legitimate complaint or initiated legal action against their employer. In such cases, employers must compensate workers fairly, considering job nature, damages incurred, and length of service, with compensation capped at three months’ salary.

Reporting Worker Absences

Employers must follow specific procedures when reporting worker absences:

  • Wait for seven consecutive days of unexplained absence.
  • Verify that the worker remains uncontactable.
  • Access the official system using UAE Pass credentials.
  • Submit comprehensive details including personal information and absence dates.

Important Conditions for Filing Absence Reports

Before submitting an absence report, employers must ensure:

  • The worker has been absent for more than seven days.
  • Any applicable fines related to work permits are paid.
  • The worker is physically present in the UAE.

Contract Termination Rights

Both parties have the right to terminate employment contracts for legitimate reasons, provided they give prior written notice and fulfill contractual obligations during the notice period. Employers cannot terminate contracts if a worker files a legitimate complaint with MoHRE or initiates legal proceedings. If proven valid, workers may receive compensation based on court decisions.

Conclusion

The updates from MoHRE aim to protect both employer and employee rights while providing clear exemptions to work permit suspensions. Understanding these regulations is essential for maintaining compliance and ensuring smooth transitions within the UAE’s labor market.

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