absence from work

The Ministry of Human Resources and Emiratisation stated that Decree-Law No. 33 of 2021 regarding the Law Regulating Labor Relations and its Executive Regulations set the controls for reporting cases of illegal interruption of work by workers, explaining that the employer must notify the Ministry of the worker’s interruption of work according to three Controls and procedures that include absence from work for more than seven consecutive days, without the employer’s knowledge of the worker’s location or the possibility of communicating with him. The ministry stated, in the latest issue of the Labor Market Journal, that the law clarifies that if a foreign worker stops working for an illegal reason before the end of a period The contract is not granted another work permit for a period of one year from the date of discontinuation of work, with the exception of the worker who is on the residence of his relatives, and the worker who requests a new work permit for the same facility.

She pointed out that Ministerial Resolution No. 74 of 2022 regarding the regulation of worker disputes and complaints procedures, authorized the cancellation of the complaint of interruption from work, at the request of one or both parties to the labor relationship, according to five cases, if it is proven that seven consecutive days of interruption have not passed, and if it is proven The worker is on the job or if he is on a legally prescribed leave, and if the employer agrees to restore the labor relationship, provided that the facility is established.

The cases included the cancellation of the complaint of interruption from work, if the interruption was pursuant to an agreement between the worker and the employer to terminate the labor relationship, or if the employer allowed the worker to be unemployed or to search for another job opportunity, and finally if there was a legitimate reason for the interruption of work, in addition to any Other cases in which it is proven that the complaint of interruption is incorrect.

The ministry reiterated that any of the two parties to the employment contract can terminate the contractual relationship for a legitimate reason, provided that the other party is notified in writing, continue to implement the contract during the warning period, and abide by the consequences of the termination, pointing out that the termination of the employee's service by the employer is considered illegal. If the termination is due to the employee filing a serious complaint with the Ministry of Human Resources and Emiratisation, or filing a lawsuit against the employer, and its validity is proven. She pointed out that Article 42 of the Labor Law specifies nine conditions or cases for the legal termination of the work contract, including the agreement of the two parties to terminate it, the expiry of the period specified in the contract, and unless it is extended or renewed in accordance with the UAE Labor Law, and the termination of the contract based on the desire of one of the parties, Provided that the provisions of the Labor Law regarding the termination of the contract, the agreed warning period, the death of the employer (if the subject of the contract is related to his person), and the death of the worker or his permanent inability to work, according to a certificate from the concerned health authority, and the worker be sentenced to a final judgment with a penalty Restricted freedom, for a period of no less than three months, permanently closing the facility in accordance with the legislation, bankruptcy of the employer, insolvency, or any economic or exceptional reasons that prevent the continuation of the project in accordance with the conditions, controls and procedures specified by the executive regulations and the legislation in force in the state, and the employee’s failure to meet the conditions for renewal Work permit for any reason beyond the control of the employer.