Breaking new employee contract

Hi,

I am about to complete 1 year of my 2 year contract this is the first job i have had in the UAE upon my arrival. But i must admit i am not happy with the environment the job role or the company work ethic.

A company has approached with an offer to leave my current company offering me more money for the same job with better benefits. They have even gone as far as providing me in writing that they will cover all expenses if my current employer implies any on me if i break the contract.

I am really confused as i heard if you are a first time employee in the UAE you must complete 2 years with you current employer otherwise you face 6 months ban after one year or before 12 months you will recieve 1 year ban.

Now the legal department of the new employer is informing me that i can break the contract after  1 year of service and transfer without an NOC as the company is offering me more for the same job role than my current employer all i have to do is give them 45 days pay (no fussed as new company have provided me with a letter saying they will cover all costs).

I am really confused is this true can i transfer? what is the process and the rule i don't want to face a ban i have a new born child of 6 weeks i cant afford to put my family at risk? but i need the extra income and my current jod is making me depressed and eat away my health.

Would really appreciate some advice.

Thank you all

Get some information from uaelaborlaw.com

Hi Atif,

I have looked at this website before there's not much information just general rules, i have tried emailing them several times no response I have called them also...nothing s: not sure what to do ?

thanks

If I am not mistaken, new rulebsaysbthatnunder unlimited contract you can leave your company without getting ban provided they give an noc.  But that's just what I know, I have an issue with my visa as well since I just transferred... And so far, what I thought I knew was wrong.

@Kuya has a point there.
Since the company you're planning on working with has accepted to bear all charges that might arise then I believe you don't have anything to worry about. Just try and complete one year.
Where you might have a problem is if your current employer is the really mean type. They will rather give you a ban than allow u work for someone else. I have seen quite a few like that. That actually makes up the majority of employers here in the UAE. Your job sounds so much like mine, I always thought I was the only one experiencing health challenges since I got here.
What I would suggest is this, first try to be persuasive about your resignation. Don't pick up a fight with your current employer. Do you job diligently without compromising. They will want to frustrate you at the last minute so as to make you do something wrong, please don't fall for it. Wish you best of luck. Cheers.

Hi thanks for your response what issues are you currently facing for your transfer?

HI,

thanks for your advice much appreciated, i have completed one year now the lawyers for my new company have told me and introduced me to people that currently work with them that managed to leave after 1 year with their current employer. The company paid all the costs basically there's to ways of leaving show your current employer your being offered more some where else for the same job and ask them to match it if they say no and do not give you an NOC get an approval letter from the labour ministry show them your current contract and the offer the new employer is showing they will allow it. If your company kicks up a fuss it does not matter by law just give them 45 days pay penalty and you can transfer.

I have heard from a lot current employers and former employees that my current company do not care they dont force u to stay they let you go because they believe their name is so big people want to join. I heard the policy is if you leave after one year and don't pay the 45 days penalty they dont give u an experience letter if you do pay it they will happily give u NOC and an experience letter.

People are telling me you don't need NOC as you have proved to labor ministry new employee is offering you more money for the same job.

Good Day,

if you want to move on another Company without any ban , you have to tell your new employer if he need you in his Company and he is agree for every thing, just told them they make agreement with you salary 5000 AED then their is no ban on you, you can easily canceled from old employer and join new employer without any ban..this is the only way....and if new employer offer you less then 5000 salary then also told them just make offer letter and contract for 5000 for removing ban then salary you can take which they offer you...got my point..@!

Hi

First of all what are the terms of employment on your labour contract? Is your employer in a Freezone? Which sponsorship are you registered your employer or your husband?

The UAE Labour Law states that a limited contract (a contract with an end date) can be  terminated by the employee for reasons other than those stipulated under Article 12l of the Law, the employee will be liable to compensate the employer against any loss resulting from the termination. The amount of compensation payable is calculated on the basis of the employee's salary for one month and a half or the salary payable for the remaining period of the contract, whichever is less, unless the contract states otherwise.
See this link about article 121 gulfnews.com/guides/life/finance-legal/limited-and-unlimited-uae-labour-contracts-1.1406121

Now, if your future employer is willing to cover the costs then, and you have a signed agreement between you and the relevant authorized personnel at this new employer. You have nothing to worry about.

Yes, but default the UAE MoL has an automatic 6-month ban. This is usually lifted, if your are a Degree holder and offer a salary above AED 12,000. You should review this recent article in the emirates news. In any case this is information can be found on the MoL website too. emiratesdiary.com/jobs-in-uae-2/how-to-avoid-6-months-labour-ban-in-dubai-uae

As an employee, you should understand your rights and find information from the source. Not always rely on other people experiences as I said to my candidates. Every case should be treated on an individual basis.

Hope this helps.