Cross-border shelling has killed at least 70 civilians, including children, rescue workers and journalists
world12 hours ago
My wife has been working as a nurse in a private hospital since January 23, 2012, and is in the UAE on my sponsorship, but with the hospital's work permit. She is a registered nurse holding a Health Authority - Abu Dhabi licence.
Her labour contract is a limited contract which was for two years and it expired on 22.01.2014, after which the hospital renewed her labour card and the limited period contract for two years up to 22.01.2016 on the same terms and conditions. If my wife gets a new offer from another hospital and if she resigns, how many days' notice period must she give to the hospital? Will there be any ban, since she has already completed two years? Legally speaking, once an employee finishes the first limited contract, for how long can the hospital renew limited contracts? Will the employee get end of service benefits for the completed number of years?
It is understood that your wife works at a private hospital as a nurse under a limited period contract, and holds a licence from Health Authority Abu Dhabi. And it is assumed that her employment is subject to provisions of the Federal Law No 8 of 1980 Re: Regulation of Labour Relations (the "Labour Law").
Pursuant to your queries, it may be advised that your wife may submit her resignation at any point of time and give a notice period to her employer in accordance with her employment contract. However, in the event your wife wishes to complete this contract period and does not wish to renew it for any further period, she should notify her employer of her decision not to renew her employment contract upon its expiry. Further, it may be advised that your wife will not face a labour ban if she resigns from her job even before completion of the contract period. The Labour Law recognises that certain professionals shall be free to change their employment at any point of time. 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 if they fall under the following categories:
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 estates 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 e-mail their questions to: news@khaleejtimes.com or send them to Legal View, Khaleej Times, PO Box 11243, Dubai. |
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