one year labour ban if I quit during the probation period?

What does the new UAE Labour Law say about the one year ban? All you need to kno
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Dubai: With the new UAE Labour Law – Federal Decree-Law No. 33 of 2021 – coming into effect this year, what are the rules surrounding the situation where an employee quits during the probation period?

The Ministry of Human Resources and Emiratisation (MOHRE) has been issuing several Ministerial Resolutions or decrees following the implementation of the UAE Labour Law, which provide further details on how the law will be implemented. Ministerial Resolution No. 47 of 2022, for example, provides details on the process that will be followed for settlement of labour disputes and complaints.

Article 8 of this resolution states that an employee can face a one year labour ban, if they quit their job during the probation periowd         

ARTICLE 8 OF MINISTERIAL RESOLUTION NO. (47) OF 2022 REGARDING THE SETTLEMENT OF LABOUR DISPUTES AND COMPLAINTS PROCEDURE
Article (8) - Labour Ban for One Year

Subject to the provisions of Articles (9) and (50) of Federal Decree-Law No. (33) of 2021 and Article (28) of its Executive Regulations, a worker whose work relationship has ended for the reasons set out below shall not be granted a work permit before the lapse of one year from the date of his/her departure:

1. If the worker decides to terminate the contractual relationship during the probation period, provided that the employer is not in breach of his/her contractual obligations.

2. If it is proven that the work abandonment report found to be true.        

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*A work abandonment report or an absconding report is filed by an employer when the employee fails to report to work for seven consecutive days and the employer is unaware of his or her whereabouts.
        

what are the exceptions as set out by the law.        

When does an employee face a one year labour ban?        

there are some conditions mentioned in Federal Decree-Law No. (33) of 2021 and in Ministerial Resolution No. 47 of 2022, that the employee must follow to avoid the ban in case he wishes to terminate his employment contract during the probationary period, either to join another employer in the UAE or to leave the country.        

“In the first case, an employee that wishes to join another employer in the UAE during the probationary period, must serve at least a 30-day written notice, which can be sent through email or hand delivered, to his current employer prior to the desired date of termination. The new employer shall undertake to compensate the current employer for the costs of recruiting the employee, unless otherwise agreed        

“The second case is when an expatriate employee wants to terminate the employment contract during the probationary period to leave the UAE. In this case, he or she should notify the employer in writing not less than 14 days from the date of terminating the contract. However, under Article 9 of the new UAE labour law, if the expatriate employee leaves the UAE without abiding by the provisions as mentioned above, the employee shall not be granted a work permit to work in the UAE for a period of one year from the date of his departure from the UAE.”        

How do I lift a labour ban

 if an employee does have a labour ban, they can lift it and share their grievances with MoHRE’s grievance committee.

“Under Ministerial Resolution no. 45 of 2022, concerning the formation of Grievance committee on the Ministry of Human Resources and Emiratization’ Decisions, a grievance committee shall be constituted and shall be responsible for examining grievance requests submitted by the employee and employer regarding the decisions issued by the Ministry. The grievance must be submitted within 30 days from the date of knowing the contested decision and must be properly reasoned with all supporting documents,?