Employment contract should mention deputation clauses in Dubai

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Employment contract should mention deputation clauses in Dubai

Dubai - If you do not comply with the directive of your employer to work in the Dubai office, your employer may terminate your employment .

By Ashish Mehta

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Published: Sun 22 Oct 2017, 5:00 PM

Last updated: Sun 22 Oct 2017, 7:35 PM

I hold a managerial position with a chemical distribution company in Dubai. I am on an UAE Employment visa (two years) and soon after joining, I was asked to move to India to start operations there. I was sent there on deputation for two years. I was advised to visit Dubai within 180 days to keep my UAE employment visa valid (which I am regularly doing). Now, my employer wants me to join the Dubai office again, otherwise they say they will have to cancel my UAE employment visa, citing some recent agreements between India and Dubai. I am willing to go back to Dubai on completion of the two years. My UAE employment visa was issued in July 2016 and expires in July 2018. Please advise if my employer can cancel my UAE employment visa before the expiry of two years visa validity.
Pursuant to your queries, if your employment contract is executed in the UAE under the prevailing employment laws here, the jurisdiction to resolve any employment related disputes shall be the UAE, provided you have a clause mentioned in the Employment Contract that you can be employed outside the UAE during your employment term. If you have any agreement signed between you and your employer regarding deputation outside the UAE during the employment term, the same should be submitted to Ministry of Human Resources and Emiratisation and must be attested by the ministry. Without the above requirement as an employee, you do not have any right questioning your employer regarding his intent of assigning your employment back to the UAE as your employment contract was signed in the UAE under the prevailing UAE employment laws.
In the event you do not comply with the directive of your employer to work in the Dubai office, your employer may terminate your employment and cancel your employment visa.    
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.


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