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Factors to Contemplate When Cancelling a Work Permit Due to Company Delays in the UAE

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Is your current company delaying the cancellation of your work permit or do you wish to shift jobs?

According to a recent Ministerial Decree published by the Ministry, you can now get in touch with the Ministry of Human Resources and Emiratization (MOHRE) to ask for the cancellation of your work permit in specific situations.

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Following the implementation of the new UAE Labor Law, Federal Decree-Law No. 33 of 2021, which took effect on February 2, 2022, MOHRE has issued several Ministerial Resolutions or decrees. Ministerial Resolution No. 47 of 2022, one of these decrees, was released on February 4, 2022, and gives information on the procedure to be followed for the resolution of labor disputes and complaints.

Article 4 of the resolution explains the restrictions put in place for the cancellation of the work permit, while Articles 1, 2, and 3 of the resolution detail the process that will be followed for making a complaint.

Additionally, Article 5 specifies the circumstances under which a worker may ask for the cancellation of their work permit without the employer’s permission. These situations include those in which the business is improperly registered with the Ministry or in which the Ministry is unable to contact the employer within five working days of the day the complaint was filed. The Ministry may, however, postpone terminating the work permit of an employee if the employee has broken contractual obligations to the employer.

Here is a more thorough explanation of what the resolution states on the revocation of work permits.

Controls for Cancelling a Work Permit after referral to the Labor Court, Article (4)
Without limiting the provisions of Article No. 3 hereof, the worker’s work permit will be revoked six months after the date the complaint was referred to the labor court if the labor complaint results in the worker ceasing to work.
According to Paragraph (1) of this Article, complaints referred to the judiciary before the issuance of this decree must be calculated as of the date of issuance.
A-Article (5) – Request for Cancellation
Without the employer’s permission, the following procedures must be conducted in response to a complaint by the worker asking to have his or her work permit revoked:
The cancellation process will be carried out by the worker’s request with legal action taken against the worker and the employer in the case that the Ministry discovers that the worker is registered with a fictitious employer or establishment.
The time frame is extended by a further five working days if the Ministry is unable to get in touch with the employer within five working days of the worker’s complaint being registered, or if the employer answers and asks for more time to address the issue. It is at the worker’s request that the cancellation procedure is carried out unless the employer provides proof that an investigation of a crime related to the employee’s employment is underway.
By the applicable regulations, an employee who has a work permit revoked must change his or her resident status within a given period.
The establishment’s file will receive any penalty (if any) for the delay in granting or renewing the work permit.
B-When a labor dispute is being litigated in court, the Ministry may delay deciding to revoke a worker’s work permit without consulting the employer or the worker until the claim’s legality is established in the following circumstances:

a. If the employer alleges that the employee quit the position even though no rights were violated during the probationary period.

b. If the employer’s account of an unexpected absence is confirmed to be accurate.

c. If the employee didn’t uphold his end of the bargain.

If you need any help regarding Labour law issues in UAE, LID-selected labour Dubai Lawyers can help you in all your legal matters as per law. We have been in this industry for 30 years. We are well aware of the local law.

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