Employer can end job contract without notice during probation

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Employer can end job contract without notice during probation

Published: Tue 15 Oct 2013, 1:38 AM

Last updated: Tue 7 Apr 2015, 5:07 PM

I am a post-graduate doctor who recently joined a hospital in Dubai. My limited contract is for two years and I am in my last month of probation period (six months). My visa and health authority licence has been sponsored by my company. However, I am not happy with my work here. Can I quit during probation? Will I face an employment ban? My offer letter had mentioned that after confirmation, I can quit by giving a three-month notice. So is it better to quit job by giving the three-month notice or during probation period? Can I take up a job elsewhere in the UAE after I quit the present job?

We understand that you are an expatriate employed in the UAE who is currently on probation with your employer, under a limited period contract.

Termination of employment by the employee will obligate the employee to pay half of three months remuneration or the residual period of the contract whichever is shorter unless the contract contains a provision to the contrary. Article 121 of the Federal Law No 8 of 1980 relating to Regulation of Labour Relations (Labour Law) states: “Where a contract is revoked by the worker for reasons other than those specified in Article (121), he shall be required to compensate the employer for any prejudice the latter sustains as a result; provided that the amount of compensation shall not exceed half the worker’s remuneration for three months or the residual period of the contract whichever is shorter unless the contract contains a provision to the contrary.”

The employer may at its discretion terminate the employment contract without notice during probation period in accordance with Article 37 of the Labour Law which states: “A worker may be engaged on probation for a period not exceeding six months, during which his services may be terminated by the employer without notice or severance pay: Provided that a worker shall not be engaged on probation more than once in the service of any one employer.

Where a worker successfully completes his period of probation and remains in his job, the said period shall be reckoned towards his period of service.”

An employee may be granted the benefit of any terms and conditions, which are beneficial to the employee, whether such terms and conditions are stated in the bilingual employment contract, filed by the Ministry of Labour or the offer letter signed by the employer and the employee.

On the basis on your qualification of a doctor there may not be an employment ban imposed on you in accordance with Article 2 of Ministerial Order No. 13 of 1991 of the Labour Law relating to Transfer of Sponsorship of Non-national Labour states: “Non-national labourers may be allowed to transfer one job to another and hence the transfer of their sponsorship if they fall under the following categories: Engineers, doctors, pharmacists and male and female nurses; agricultural guides; qualified accountants and account auditors; qualified administrative officials; technician operating elecronic equipment and laboratories; drivers who are licensed to drive heavy vehicles.

Further, there shall be no ban on you for taking up new employment provided you draw a remuneration of Dh12,000 or above from your new employer.

Article 4 of Ministerial Order No. 1186 of 2010 of the Labour Law states: “As an exception to the provision of Item No. (2) of Article (2) of this Resolution, the Ministry may issue a work permit to the employee without requiring the two year period: If the employee is starting his new employment at the first, second or third professional levels after fulfilling the conditions for joining any of these levels according to the Ministry of Labour rules, and provided that his new remuneration is not less than Dh12,000 at the first professional level, Dh7,000 at the second professional level and Dh5,000 at the third professional level.”

Further, you may also avoid the imposition of a labour ban to take up subsequent employment by obtaining a no objection letter from your current employer. It would be prudent to contact the Ministry of Labour for any further queries.

Extra cargo charges

I was shifting from Canada to Abu Dhabi last year and shipped my cargo after making a full payment to a company in Toronto, Canada.

I reached Abu Dhabi and started chasing the company about my cargo. There was no response by mail/phone from the company. I got suspicious and then contacted the Toronto Police, who in turn made a call to the cargo company.

I received a call from the cargo company shortly after, which informed me that my shipment had reached Abu Dhabi Port a month ago. Upon calling the local company in Dubai, which received my cargo, I learnt my cargo was put under hold due to some non-payment of dues by my cargo company in Canada. My goods were kept on hold at Abu Dhabi Port and I was asked to pay the daily storage charges. This way I was forced to pay a huge amount to get my cargo released.

My cargo was shipped from Toronto with the hold instructions and it was assumed that the company responsible would settle the charges. But none of these companies are ready to take legal action against the Toronto company that shipped my cargo.

Upon reading the above it is not clear what question you have attempted to ask us? It is assumed that you have now paid all the relevant charges such as demurrage and port storage as applicable at the Abu Dhabi port.

Perhaps your query is whether you can claim the excess amounts paid by you due to the misconduct of the freight company and seek compensation for the aggravation suffered by you?

You may certainly file a civil claim against the freight company in Canada and or in the UAE holding them responsible for the excess amounts paid by you due to their misconduct and causing you sufferings due to their misconduct and bad business practices.

It would be prudent to consult a lawyer to ascertain whether you have sufficient admissible evidence to prove your claim against the freight company(s).

Ashish Mehta, LLB, F.I.C.A., M.C.I.T., M.C.I.Arb., is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore and India. He manages a multi-jurisdictional law firm practice, providing analysis and counselling on complex legal documents and policies including but not limited to corporate matters, commercial transactions, banking and finance, property and construction, real estate acquisitions, mergers and acquisitions, financial restructuring, arbitration and mediation, family matters, general crime and litigation issues. Visit www.amalawyers.com for further information. Readers may email their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai

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