NEED ADVISE FOR CONSEQUENCES FOR WORKING VISA CANCELLATION IN UAE

Hi does anyone there can help me to give me an idea what will be my consequences if i resigned without finishing my contract.

I HAVE 2 YEARS CONTRACT  ive been working for 1 year & 4 months..as salary is not enough for the job im doing.. i want to resign but my boss declined my resignation he told me that i should pay 2 months salary to him first and 30 or more days notice period only after resignation..

Im planning to join other company which has good offer in salary.I dont if its right that he will ask money from me upon my cancellation.. and i called labour regarding that one.. they said i dont need to pay anything as i completed my one year..

Guys i need more brains to advise.. if you have any idea.. please do advise me..

many thanks!

ardnassela

An employee who does not complete a contract owes the employer 1.5 months salary or less, but not more unless the contract says otherwise (Article 115).

On Jan 2011 the Labour Law has changed allowing you to change employer after 1 year.
Most UAE employers are big time liars. They might try to blackmail you by lying about the law or illegally retaining your passport, that is a property of the gov. who issued it, and cannot be retained by a third party for long time.

Find out more info at this link:

http://www.dubaifaqs.com/labour-law-uae.php

If your employer is local, even if you are in the right, you are still in trouble, depending on his connections. He will go to the police and make up a case against you and you might be deported or blacklisted. Unfortunately the Labour Law in UAE is not really respected and it all comes down to the nationalities of the people involved.

Local against Asian (no chance of success)

Local against US /EU nationalities (depend on local's connections and power)

non-local against non-local (stronger nationality will win)

It is illegal to record conversations in UAE. So if your employer says something like threats, it won't count in a court and you risk to be arrested.

This is why one has to put everything in writing in the contract.
do not accept any verbal agreement.

---from erikabrio

it all depend on the contract you had signed with your employer.. im legal advisor and i advise you to read the term which related to the termination for the contract... i work in Egypt but i have works in Dubai and i know about the labour law there... u can any time send me copy of the contract and i will tell you what u do....

Abdelmonem Khalifa

legal advisor

---from abdelmenam1983

Ardnaxel, if you have plans to leave your company no one not even your trusted friends must know this. Give your company a better reason to accept your resignation. Yes you can resign because its your right. Most of the company like mine will give you hard time before they accpet your resignation but never lose hope show them that you are tough enough handling this kind of bluff. thats why we have embassies and department of labor. So don't give your company a benefit of the doubts that might put you into trouble.if you think your strong and with someone to lean on continue your decision but if not continue your contract till it end, anyway you have only months remaining. goodluck

--- from Emman Lopez

Refer to your contract. It will be mentioned if you have to pay your company anything on termination with notice.

(from Nash1984)

sorry guys, I've deleted the wrong thread - I copied all the responses

Hi,
I am a new to this Blog. I got an offer from an Audit proprietary concern. They agreed to offer the salary that I demanded. The problem is that they will pay it by cash. Most of the companies are paying salary through WPS system and payment method will not be mentioned in any contract so how can I ensure this that they will pay me and will not make any delay in payment and in case of any dispute Minister of Labour will protect me? . I heard that it is illegal to pay salary in cash in UAE. In contract agreement only the amount of salary and other conditions will be written. Please clarify

Rajeev

Of all companies, an Audit firm is paying by cash?  Something seriously wrong there, so watch your step in accepting an offer from some bogus company.

"An employee who does not complete a contract owes the employer 1.5 months salary or less, but not more unless the contract says otherwise (Article 115)."

Does this also apply when the employee resign during the probation period?

I read this while searching for info:
"During the probation period either the employer or the employee may terminate the employment contract with immediate effect without the employee being liable to pay end of service gratuity or the employee, compensation for damages."

Can anyone please verify this? 'Cause I want to resign from my current job and I'm still on probation. I'm on 2 years limited contract and I would think twice if I am obliged to compensate for these "damages."