Legal View

Labour Ban If You Quit During Contract

By K.k. Sarachandra Bose

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Published: Tue 20 Jan 2009, 1:49 AM

Last updated: Mon 6 Apr 2015, 1:38 AM

I have been working as a sales engineer in a company here in Dubai for more than 18 months. The profession stamped in my visa is mechanical engineer maintenance.

I have signed a four-year contract with the company. I took a loan from a bank and the repayment will be completed by 2010. Now I have got a very good offer from a big company in Jebel Ali Free Zone.

The salary they are offering is double my current one. I really don’t know what to do if my current employer imposes a ban on me. Please advise.

Since you have signed a contract for four years with your employer, you may come under the category of labour ban. In that case, you will not be entitled to work anywhere in the UAE for the duration of the ban except in free zones. You may check with the Jebel Ali Free Zone administration and clarify your doubt.

As for the bank loan, it is your personal matter and has no relation with your job continuity.

I am working in an auto spare parts company. My total salary, including allowances, is Dh2,800. My basic salary is Dh1,400.

I want to know whether there is a rule stipulating the basic salary to be 50 per cent of the total salary.

As per the UAE labour law, there is no such rule that the basic salary should be 50 per cent of the total salary. It is an agreement between the employer and the employee.

By mutual consent between the employer and employee, they may show even the entire salary as the basic salary. Some employers may divide the total salary as basic salary, transportation allowance, accommodation allowance, food allowance etc.

Compiled by Ahmed Shaaban

K.K. Sarachandra Bose is a Partner/ Corporate, Commercial and Contract Lawyer at Dar Al Adalah Advocates and Legal Consultants.

Readers may e-mail their questions to: ktedit@emirates.net.ae or send them to (Legal View), Khaleej Times, Dubai P.O Box 11243.



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