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However, Article 11 of the subsequent resolution – Ministerial Decree No. 1 of 2022 – sets out certain criteria and grounds that are sufficient not to ban your work permit if you decide to leave during the probationary period.
these are:
1) To do the work required by the state;
2) Workers with family sponsorship visas;
3) Golden Visa holders; and
4) Any occupational category according to the needs of the country’s labor market, as determined by the Minister [of Human Resources and Emiratisation] According to the employment classification approved by the Cabinet.
For workers who are not currently on probationary periods, Article 50, paragraph 1, of the UAE Labour Law states: “If a foreign worker leaves the job for unjustified reasons before the expiration of the contract, he shall not be granted another offer to engage in other work in the state in accordance with the provisions of these Measures. A work permit valid for one year from the date of the absenteeism. During this period, no other employer who is aware of this may employ him or keep him in his service.”
However, Article 50(2) provides that the Ministry of Human Resources and Emiratisation (MOHRE) may exclude certain job categories, skill levels or workers from the provisions of Article 50(1) in accordance with the rules and procedures set out in the Implementing Regulations . Regulation.
The subsequent Cabinet Resolution – Ministerial Decree No. 1 of 2022 – provided for the exception in this case in Article 28(2). Exceptions include:
1. Workers with family sponsored residence visas.
2. Workers applying for a new work permit at the same agency.
3. Workers with professional qualifications, skills or knowledge required by the state.
4. Golden visa holders.
5. Any professional category that is required by the national labour market as determined by ministerial decision [of Human Resources and Emiratisation] Worker classification according to Cabinet approval.
However, even if you do not fall into one of the exempt categories, you can contact MOHRE if you want to appeal a labor ban that may be imposed on you. To learn more about the process you can follow, Read our detailed guide here.
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