Labour Work Permit
Common Permit Types
Standard Employment Permit : For recruiting from abroad; valid for 2 years.
Part-Time Permit : For reduced hours; allows working for multiple employers.
Temporary/Mission Permit : For short-term projects or specific tasks.
Dependent Permit : For family-sponsored residents to work.
In essence, if you’re a foreigner working for a company not in a free zone, you need a MOHRE work permit to be employed legally in the UAE.
Here are the details for the main types of MOHRE work permits
Standard Employment Permit: This is for recruiting a worker from outside the UAE and is valid for two years. The employee must meet age requirements (18-60 years), and the employer must have a valid license and a clear record of compliance with labor laws.
Part-Time Permit: This enables an individual to work reduced hours or for more than one employer simultaneously with the appropriate approvals. The permit is available to UAE residents, including those on family sponsorship, provided they obtain a no-objection certificate (NOC) from their primary sponsor or employer. The application requires academic qualifications (typically a university degree or diploma for skilled roles).
Temporary/Mission Permit:
A Temporary Work Permit is for an existing UAE resident to perform a specific task for a limited period (not exceeding 6 months) for a different company.
A Mission Work Permit allows establishments to bring in a worker from outside the UAE for a specific, time-bound project.
Dependent Permit: This permit enables residents sponsored by their family members (spouse, parents, etc.) to work legally in the private sector without changing their residency status. The employing company applies for this permit through MOHRE, and an NOC from the family sponsor is generally required.
How to cancel Work Permit for an Employee With a Labour Court Case?
When an employee has a labour court case in the UAE, work permit cancellation is controlled by law (Federal Decree-Law 33/2022), requiring the employee to apply to MOHRE within 14 days of the final court judgment for termination, or risk automatic cancellation if the case causes work cessation for 6 months. The employee should request cancellation and potentially a temporary permit via MOHRE’s platform, not just the employer, especially if the employer is uncooperative, and can apply for execution of dues through the court.
Key Steps & Rules
File Complaint : Register the labour complaint with MOHRE.
Referral to Judiciary : If unresolved, the complaint goes to court.
Worker’s Action (Post-Judgment) : After a final court ruling terminating the contract, the employee must apply to MOHRE to cancel the permit within 14 days
Automatic Cancellation : If the case leads to work interruption, MOHRE can cancel the permit after 6 months from the court referral.
Get Dues : Apply to the Labour Court for execution of the judgment to receive dues.
During the case
Temporary Permit : The employee can apply for a temporary work permit to work with a new employerunless reported absconding.
Avoid Asking Employer : Do not ask the employer to cancel the visa while the case is active, as it can harm your legal position.
Important Considerations
MOHRE can facilitate cancellation if the employer is uncooperative, especially if their violation is proven
The court ruling can guide visa status, but the MOHRE process is separate fromthe permit itself.
How to remove abscond case?
The cancellation of an Absence from Work Complaint (absconding report) in the UAE involves specific procedures through the Ministry of Human Resources and Emiratisation (MOHRE) or the General Directorate of Residency and Foreigners Affairs (GDRFA), depending on the case type. The process can be initiated by either the employer or the employee, with varying requirements and potential fines
Abscond case remove by the Employer
An employer can cancel an absconding report, typically if there was an error in the filing, a misunderstanding was resolved, or the employer consents to restore the work relationship.
Key Steps & Rules
Submit an application to withdraw the complaint and pay any applicable fees.
The application will be verified by the ministry, and the employer may be contacted for confirmation.
Once approved, the report is forwarded to the Federal Authority for Identity, Citizenship, Customs and Ports Security (ICP) for final processing.
Conditions: The employer generally needs to provide a valid reason for the cancellation, such as proving the employee was hospitalized, imprisoned, or that the report was a mistake.
Penalties: If the report is proven to be false or filed in bad faith, the employer may face a fine of up to Dh10,000, and their company file may be banned from future transactions.
Abscond case remove by the Employee:
An employee can appeal a report, especially if it was filed unjustly or they have a legitimate reason for their absence.
Key Steps & Rules
File a complaint with MOHRE, either through the call center at 800 84 or a service center.
Provide evidence proving the presence at work, a valid reason for confinement (like a medical certificate or proof of communication), or other justification.
MOHRE will mediate or investigate to verify the claim’s validity.
If the employee’s claim is successful, the report will be removed, and they can continue working or transfer to another employer.
Important Considerations
Documentation is crucial : Both parties should maintain records like attendance logs, communication records, leave approvals, and medical certificates.
Consequences of an active report : An active absconding report can lead to visa cancellation, a potential one-year employment ban in the UAE, fines, and even deportation.
How to file abscond case ?
An employer can file a report if the employee is absent without lawful reason, their location is unknown, and communication attempts have failed for more than seven consecutive days without a valid reason or prior notice.
Employers have the right to file an absconding report For mainland company employees, the report is filed with the Ministry of Human Resources and Emiratisation (MOHRE).
For domestic workers (nannies, drivers, etc.) or employees in Free Zones, the process may involve the MOHRE, the General Directorate of Residency and Foreigners Affairs (GDRFA) of the specific Emirate (e.g., Dubai), or a certified Amer Centre.
Before filing, the employer should make genuine attempts to contact the employee and document these efforts. If Employers who file a false absconding report can face significant fines (up to AED 10,000) and penalties, including having their company file banned from transactions.
Employer Rights in Absconding Cases
Employers are protected under UAE labor laws if an employee goes missing or fails to return to work without explanation. Here are some of the key rights employers have
Right to File an Absconding Complaint : An employer can report a worker as absconding if they’ve been absent without approval for 7 or more days. This report can lead to the cancellation of the employee’s work permit and visa.
Right to Seek Compensation : In some cases, employers may be eligible to claim compensation or impose penalties, especially if the employee has breached a limited contract or caused financial losses.
Right to Hire a Replacement : Once an absconding report is officially filed, the employer is legally allowed to hire a new employee without waiting for the original employee to return.
Employee Rights in Absconding Cases
Employees who have been wrongly reported or have a valid reason for their absence also have legal rights. These include:
Right to Contest the Absconding Report : An employee can file a complaint with MOHRE if they believe the report is false or filed in bad faith. For instance, if the employee was in the hospital or dealing with a family emergency and informed the employer, they can provide documentation to defend themselves.
Right to Legal Representation : Workers have the right to seek legal assistance and challenge absconding charges through proper legal channels. If proven innocent, the report will be removed from their record, and they can continue working or transfer to another employer
Consequences for the Employee
If an absconding report is approved, it has sever legal and financial implications for the employee in the UAE.
Employment Ban : A work ban, which can last for one year or more, may be imposed, preventing future employment in the UAE.
Visa Cancellation & Deportation : The employee’s work permit and visa will be automatically cancelled, potentially leading to detention and deportation.
Blacklisting : The individual may be blacklisted, making it difficult or impossible to return to the UAE or other GCC countries in the future.
Financial Liabilities : The employee may face legal action for unpaid loans, credit cards, or other financial dues, as well as forfeiture of end-of-service benefits and salary from the date of absence.
Important Considerations
Contact Employer : The first step should be attempting to resolve the issue directly with the employer and negotiating a withdrawal of the report.
File a Complaint with MOHRE : If direct resolution fails, the employee can file a complaint with MOHRE, providing evidence of their valid reason for absence (e.g., medical records, proof of being in hospital, a legitimate reason for not being able to communicate).