Is your employer delaying your process after resignation?

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.

I have been working in a Sharjah-based company for the past 20 years. In 2013, I submitted my resignation, but the management requested me to continue working for another year as the company was facing some problems at the time. I have decided to quit my job again, but I know they will use delaying tactics. I don't want to continue working, but I fear I will lose my gratuity if I quit. If the company does not allow me to leave even after serving a one-month notice period, what are my legal options?
Pursuant to your question, it may be noted that you are required to serve a notice period only if your employment contract is of unlimited duration. Since you have not specifically mentioned whether your employment contract is of unlimited or limited duration, we shall elucidate both situations here. Should you be working under an unlimited period contract, you may terminate your employment contract on a prior notice of 30 days. This is in accordance with the provisions of Article 117 of the Federal Law No. 8 of 1980 of UAE (the 'Labour Law'), which 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."
However, should you be employed under a limited period contract, you may terminate the contract without a prior notice period but you may have to compensate your employer for an amount up to 45 days of your salary. This is in accordance with provisions of Article 116 of the Labour Law which 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."
Since you have mentioned that you intend to give 30 days notice period, it is assumed that your employment contract is of unlimited duration. Therefore you should give 30 days notice period to your employer.
You are eligible for gratuity in accordance with Article 132, which reads, "Where a worker who has completed a period of one or more years of continuous service shall be entitled to severance pay on the termination of his employment. The days of absence from work without pay shall not be included in calculating the period of service. The severance pay shall be calculated as follows:
1) 21 days' remuneration for each year of the first five years of service.
2) 30 days remuneration for each additional year of service, provided that the aggregate amount of severance pay shall not exceed two year's remuneration."
It should be noted that gratuity is calculated on basic salary.
In the event your employer does not accept your resignation, you may approach the Ministry of Labour and file a complaint against your employer.
Cost cutting cannot be the reason for your sacking
I worked as an assistant safety officer with a company on a security officer visa. Seven months after accepting the job, the company terminated my service, saying the company was cutting costs. I'm an engineer and my certificate is attested. I am now looking for new job opportunities. But according to the company, a labour ban of six months will be imposed on me. Is there any possibility of having this ban lifted?
In our response to your questions, it is assumed you were on six months' probation period with your employer. You have not mentioned whether your employment contract is of limited or unlimited duration.
Termination of your employment due to cost cutting is considered as arbitrary termination in accordance with Article 122 of Federal Law No. 8 of 1980 of UAE (the 'Labour Law') which states, "Termination by the employer of an employee's service is considered arbitrary if the cause for such termination has nothing to do with the work. In particular, termination is considered arbitrary if the employee's service has been terminated on grounds, or a reasonable complaint lodged by him to the competent authorities, or on grounds of a justifiable action brought by him against the employer."
Further, Article 123 states, "(a) If the employee has been arbitrarily dismissed, the competent court has the jurisdiction to give judgement against the employer for payment of compensation to the employee.
"The court shall determine the amount of this compensation, taking into consideration the nature of work sustained by the employee, period of service and after investigation of dismissal circumstances. Provided that in all cases, the amount of compensation should not exceed the employee's pay for a period of three months, to be worked out on the basis of last pay due to him.
"(b) The provisions of the preceding clause shall not prejudice to the employee's entitlement to the gratuity due to him and notice period provided for in this Law."
It may also be noted that labour ban may not be imposed on you by your employer since your termination is arbitrary in nature by the employer. Subsequently it is advised that since you are holding an engineer's degree duly legalised, a labour ban may not be imposed upon you as engineers have been categorised in the list of professionals on whom a labour ban may not be imposed.
This is in accordance with Article 2 of the Ministerial Order No. 13 of 1991 on 'The organisation of the transfer of sponsorships of non-national labours the rules governing the same', which states, "Non-national labourers may be allowed to transfer one job to another and hence transfer of their sponsorship of they fall under the following categories:
(a) Engineers
(b) Doctors, pharmacists and male and female nurses
(c) Agricultural guides
(d) Qualified accountants and account auditors
(e) Qualified administrative officials
(f) Technicians operating on electronic equipment and laboratories
(g) Drivers who are licensed to drive heavy vehicles and buses."
In the event, however, if a ban gets imposed, you may subsequently have the ban lifted on the basis of your qualifications. Also, you may have the ban lifted if your subsequent job provides you the required salary for non-imposition/lifting of a labour ban.
The salary requirement are in accordance with Article 4 of the Ministerial Order No. 1186 of 2010 which 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 an employee without requiring the two year period in the following cases:
(a) In the event that the employee is starting his new position the first, second or third professional levels after fulfilling the conditions for joining any of these levels according to the rules in force at the Ministry, and provided that his new wage 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."
Ashish Mehta is the founder and Managing Partner of Ashish Mehta & Associates. He is qualified to practise law in Dubai, the United Kingdom, Singapore and India. Full details of his firm on: www.amalawyers.com. Readers may e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai.