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‘I want to go when visa expires’

My visa will expire on July 4. I have submitted my resignation with a one-month notice period. If in case they cannot find a replacement, am I obliged to stay in the company until they find one? My colleague had submitted her resignation letter three months before expiry of her visa, which was in November 2011, and she is still working with us because the company could not find a replacement. The company renewed her visa but verbally agreed that she could leave early. I want to leave exactly when my visa expires, with or without replacement. Will I be liable to any ban?

It depends upon the nature of your employment contract. If your contract is for an unlimited period, as per Article 117 of the UAE Labour Law, after the completion of two years with the current employer, you can terminate it at any time with a 30 days notice, unless the terms of the employment contract provide otherwise. In such an event, you may leave the company regardless of whether the company finds a replacement or not. You are not legally obliged to stay until the company finds such replacement.However, if your contract is for a limited period, then it has to be examined carefully, especially the clauses dealing with termination and dealt with accordingly. If nothing is mentioned in your limited employment contract about renewal or prior notice, then, it will be terminated upon the expiration of the contractual period in accordance with Article 113 of the UAE Labour Law. Again, you are not legally obliged to stay until the company finds such replacement.

Mushtaq Ahmad Jan is a lawyer at the Global Advocates and Legal Consultants, with a Master’s Degree in International Commercial Law, University of Hull, Kingston-upon-Hull, England. Readers may e-mail their questions to: news@khaleejtimes.com or send them to: Legal View, Khaleej Times, PO Box 11243, Dubai.