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I am under an unlimited Abu Dhabi visa. But I am planning to resign from my organisation and join another employer. I have completed one year and three months. I now draw a salary of Dh5,500 plus accommodation and transportation. My new employer is offering me a salary of Dh9,000.
Article 117 (1) of the Federal Law No 8 of 1980 states: “Both the employer and the worker may terminate a contract of employment of unlimited duration for a valid reason at any time following its conclusion by giving the other party notice in writing at least 30 days before the termination.”
It is learnt that, currently, the Ministry of Labour does not impose a ban on the employee if the employee has completed one year of continuous employment with its current employer. Since you have completed continuous employment for over one year with your current employer, there should be no employment ban on you in case you wish to resign from your current employment.
I am a qualified chartered accountant from India currently working in the glass fabricating industry in the UAE under a limited period contract of two years since July 2012. I am on a mechanist visa. I wish to change this job as the current job profile in this company does not suit me. My queries are: a) Will any ban apply to me? b) If I get a ban, what are the consequences I have to bear? Can a ban be lifted considering my professional degree?
Since you have not completed one year of employment with the current employer, the employer may make an attempt to impose a ban on you. However, in the event your employer desires to impose a ban, it could be strongly contested by you on the basis of your qualification of a chartered accountant, provided such qualification document is duly notarised and legalised from the country you obtained such qualification.
I have been working for a contracting company in Dubai since 1996 on a limited contract. Now that I have completed 16 years, I would like to cancel my visa and go back to my home country. As per the labour contract, 30 days notice is required. My current residence visa expires on February 23 and my labour card April 2. My company is now strictly enforcing the law of deducting 45 days salary in case of breach of contract.
In this case, you are not terminating the employment contract as stated above in your question. You simply do not intend to renew your employment contract upon its expiry. Therefore you may check your employment contract on the notice period you are required to give to the employer if you do not wish to renew the limited period employment contract, upon its expiry. The employer may not unilaterally decide to deduct 45 days salary in case of breach of employment contract if the employment contract does not permit the employer to do so.
My brother earlier worked with a Dubai company for eight months. He resigned and cancelled the visa and went to India last December.
Since your brother had not completed one year of service, he may be imposed with a ban by the Ministry of Labour for four months.
I joined a Free Zone company for Dh2500 per month as an office assistant one month back. And now I have got a good offer from a Non Free Zone company with Dh5000 per month.
Since you have not completed the probation period of your employment, you may resign without serving the notice period required to resign. Currently your visa is issued by the General Directorate of Residency and Foreigners Affairs (immigration department); not by the Ministry of Labour as you are employed by a Free Zone company. You may resign and join an entity outside the Free Zone where your visa will be issued by the Ministry of Labour.
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, a legal consultancy firm in Dubai. He also practises in India, United Kingdom and Singapore. He has worked with international and commercial legal procedures, providing analysis and counselling on complex legal documents and policies such as commercial transactions, securitisation, real estate acquisitions, financial restructuring for distressed assets, mergers and acquisitions, arbitration and litigation issues. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.
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