UAE Updates: Key Exemptions and Rules for Work Permit Suspension

Five Key Exemptions to Work Permit Suspension

The UAE's Ministry of Human Resources and Emiratisation (MoHRE) has announced updated rules, including specific exemptions to work permit suspensions. These exemptions are as follows:

1. Family-Sponsored Workers: Workers sponsored by family members or relatives are exempt.

2. Same-Employer Transfers: Workers seeking a new permit with their current employer remain unaffected.

3. Golden Visa Holders: Individuals holding a Golden Visa are exempt from suspension.

4. Change of Employer: Workers can transfer to a new employer upon contract completion if no renewal is initiated.

5. Contract Termination Provisions:

   • If the contract is terminated during its term in compliance with Articles 42 and 45 of the Labour Law.

     • If the employer terminates the contract without fault on the part of the worker.

Reporting Worker Absences

Employers can file complaints regarding worker absences exceeding seven days under the following steps:

1. Log In: Access the MoHRE portal using a username, password, or UAE Pass.

2. Submit Complaint: Provide details, including the worker’s personal information, absence date, and establishment details.

3. Verification: Confirm the applicant’s identity through an OTP sent via SMS or email.

4. Review and Action: The ministry reviews the complaint, takes appropriate action, and notifies the employer via SMS.

Terms and Conditions for Absence Complaints

• Workers must be absent for over seven days.

• Employers must pay any fines for failing to issue or renew the work permit.

• The worker must be physically present in the UAE.

• The work permit is automatically cancelled upon MoHRE's approval of the complaint unless linked to recruitment or work permit transfer.

Contract Termination Rules

MoHRE emphasized:

• Termination Rights: Either party may terminate a contract for legitimate reasons with prior written notice. Both parties must meet their obligations during the notice period.

• Unlawful Termination: Termination by an employer is deemed unlawful if it results from a worker filing a legitimate complaint or pursuing legal action against the employer. In such cases, the employer may be required to compensate the worker as determined by the court.

This comprehensive update ensures fairness in employment relationships while safeguarding workers' rights and maintaining employer accountability.

 

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