Reader Mailbag: Labour Contract, Refusal of Termination, Notice period Etc

Labour Contract, Refusal of Termination, Notice period

Emails: 16-10-2013 to 20-10-2013

Question 1: I am employed under a labour contract of unlimited period, and I want to leave my present job. What should I do?

You should submit your written resignation letter. And should mention in it that you want to work for a period of one month only, and this one month period shall represent the notice period fixed in one month. Normally the notice period is one month in the case of unlimited contracts. But company can make it for three months’ notice period depending on the designation. So you should give notice as per your employment agreement.

Question 2: I have terminated the service of one labour employed with me under a labour contract of unlimited period; do I need to give him a notice of one month?

Yes, because, based on Article No. 117, if the employer is desirous to terminate the service of any of his employees, he should do so in writing and should give him a notice of one month as per the law…except in case of termination pursuant to Article No.120.

Question 3: I am employer under a labour contract of unlimited period and I receive my salary on per diem basis, how can I send a notice to my employer in case I have submitted my resignation?

The notice can be send by per diem labors as follow:

  • If the labor has worked for a period exceeding 6 months and less than one year, he should sent a notice of (one week) to his employer.
  • If the labor has worked for a period not less than one year, he should send a notice of (two weeks) to his employer.
  • If the labor has worked for a period not less than five year, he should send a notice of (one month) to his employer.

Question 4: If the employer or the worker refused to receive the termination or resignation letters, how can be proof the same?

Both parties should resort to the Labor Relation Department. As for the worker, he should continue in performing his duties in case he has submitted a complaint.

Question 5:  I have submitted my resignation letter to my employer, knowing that I am working under unlimited labour contract, the said one month notice to be calculated within the total service period?

As per the Article No 118 UAE Labour Law– Yes, such period shall be calculated within the total service period provided that the worker has actually worked within the said period

About Deepak 505 Articles
Deepak is a passionate blogger with interests in bitcoin, online marketing, and writing.
  • I an current employed in a free zone hospital area here in dubai, but it says on my contract that i need 3mos notice period. but the new company that hired me is a government hospital. is there a law that says if government facilities ask for your service your current should abide in relessing you earlier that what states in you contract?

      • Hello boss i am mechanical engineer, working Abu dhabi , i got another job in free zone area Jebilali at Emirate extrusion company but problems is i not completed 6 month and here they will put in pass port as a labour visa and in first month they told me we dont want u like that and asking visa money but now they will happy my service but i con’t stay here please give suggestion

        • Narayan,
          You could resign. Usually engineers do not face labour ban.
          Please seek clarificatioin from jafza authorities whether , if you have a labour ban, will they process the application?

  • Good Day!

    I have a question, Can I resign if my visa is newly renewed? I’m under unlimited contract and I already completed 2 years in the same company. Now, that I’m just waiting for my CID letter so I can resign and transfer to other company, but my visa will expire on July 26, 2014. Can I still resign? Will my present company let me pay something, like the expenses for visa and medical, etc. if I resign?

    • I think yes you can resign but depending on company policy they may ask you to pay for the visa charges

  • Hi Sir,

    Mine is unlimited contract and labour card expired on 12th July`14,but there is response from my company weather to renew my contract…they are asking me to wait still more time….what can i do sir??? Shall i give resignation or ask them to terminate me..which is good for me…i am working daily 11 hours and not yet taken any annual leaves…

    Please help me sir…

    Thanks

  • I am employed under a labour contract of unlimited period, I have worked for 2 months already but I resigned because I cannot take anymore the humiliation and the maltreatment of my employer. He threatened to let me pay for all the expenses the company paid for my visa and exit. What is my right? Can I still get my salary for this month since I will still work for 1 one month to serve the 1 month notice effective juy 12.

    thank you, and I hope you can help me

  • i am thaasul taxi driver
    now suspend in my mistake red light signal crossing
    but this case trans ad rules in my taxi permit cancel
    i want to know, can i join to another job without 6 month band
    thank you
    upul

  • Hi good morning. I have a question. My boss asking me to work on eid more than 9 hours.. as what I know ramadan time is only 7 hours. But we are working 9 hours. And this coming eid she want us to work till 11 to 2 am till have client. And she dont want to gave over time. I not agree to her so she told me to leave the work coz she is not happy with me. I told her its up to u im ready for ur action or termanation. Im only 3 months in my work and she asking me to gave her my resignation. Im not going to resign. So what should I do?

    • If you will not resign, she may terminate you during your probation period without any notice (meaning without any compensation). If she will use article 120 to terminate you because you were not complying with her requests, you might be deeper trouble. She might even request MOL to impose one year ban on you. It is not easy, but not impossible. If I were you, I would have tried to apologize to her and promise to work as she wants and settle the matter or if it did not work, resign and look for another job. Sorry to give you bad news, but that is how it is.

  • Hi Mr. Deepak ,

    I’m having a issue that the company wants me to resign from my job wich I have completed only 15 months. If I find a job with a salary more than Aed 5000 and I don’t have my high school secondary qualification but company will give me the NOC. Please advise will I get the ban?

  • hi I am employed under a labour contract of unlimited period, I have worked for 2 months already but I resigned because I cannot take anymore the humiliation and the maltreatment of my employer. He threatened to let me pay for all the expenses the company paid for my visa and exit. What is my right? Can I still get my salary for this month.,and can I terminate the contract without one month notice

    • I suppose companies can not force employees to pay visa expenses. Please consult Ministry of Labour directly.

  • I wish to look for a new Job and i have completed 1 year now with my current employer. Will there be a ban applicable?

    I found my contract is Unlimited and also, there is nothing written about notice period in the contract. So, 1 month of notice period is enough for me? Please suggest.

    • kindly inform your company well in advance about your resignation (atleast 30days notice)
      if you get higher salary as per the MOL slab there wont be any ban

  • I am under unlimited contract finishing 1,6 my months. Due to the Management change i am suggested to submit my resignation. As i find this unfair gesture i am thinking of letting them terminate my contract if this is their wish, in case that 3 months compensation is applicable in the case of unlimited contract.
    I appreciate any advice.

  • Follow up question to my previous post, will I have a ban if I resign when my visa is newly renewed? I’m under unlimited contract and presently working for 2 years and 2 months. thanks for your information sir!

  • I am working in a company for four months, I want to cancel from the company, I am a graduated one, do I face ban?

  • hi i just want to ask. my joining date is december 10 2009 and i want to get my 5 years gratuity in the company. if ever i will resign on November 15 2014 with 1 month notice my last days will be december 15 2014. is it still included as 5 years of service? thank you and hope you can help me in my inquiries.

  • HI sir, I’ve given resignation on sep 23rd and ryt now im serving a notice period of 1 month.Actually ive got july,august and now septemper salary in dues.Do i need to serve them notice period in this case.Ive heard if u got 2 months salary delayed,u can resign without prior notice.what is the clause for this one.

    • Niyas,
      It’s better to exit on a good note. You may file labour case in case your salaries are delayed. Is it only you or anyone else who did not get salary?

      • Nop,Not only me .there are few more.But i dont know how many months pending with them.Being in my notice period,my superior is sqeezing me ,by giving loads of works and i feel exhausted.

  • I am employed under limited contract in a private company in Abu Dhabi. I just finished my 6 months probation period and is working with this company for less than 1 year. I want to resign due to salary issues (2-3 months delayed) and unhealthy working environment. Will the company let me pay for my visa expenses?, Will I get ban from MOL? If ban is applied, How can it be lifted? I have a bachelor’s degree and Attested Certificates. I am a secretary but in my contract I am a clerk. Please help.

  • will i face a ban in labour and immigration if i resign when my visa is newly renewed?? i completed 2 years and 3 months already.will i have a ban?im on an unlimited contract.thank you for your reply.

  • I am currently employed for 1 month and I want to resign since I do not like the working environment in the company. Resident’s visa is not yet stamped on my passport. Will I get banned if I resign? What are my other options?

  • I am employed under a labour contract of unlimited period, I have worked for 2yrs and 9 mths already. I have found a new job. They told me from 14th oct 2014 I have to attend the training but i just give resignation to my current company on 30th Sept 2014. and my new company they are asking my cancellation paper. In this case can i get cancellation paper before completing my notice period?

    • Nizan,
      this depends on your current company. Request them to cancel your visa immediately. But be careful that the new company will honor their offer.

  • I am working currently for a company for 10 months. I want to resign the job and go back to my home country. Do I get a labour ban and any fines? Also what will be the notice period required?

  • Situation : I am under six months probation period completed 04 months and received warning letter from company with one month notice period , I have sales visa basic AED 3000 /- Wages and signed unlimited Category contract ( Dubai – UAE )

    Question : would be employment banned on me ??? or how can smoothly change the job. ?????

    Question : What are my rights in this situation.????

  • Dear Deepak ,
    Im working in a factory under unlimited contract. I joined the company in february,2013 and still working there. I found another job with full pakage of 7000 dirhams. Im bachelor in engineering and have all attested documents.
    Is there any ban ??
    Already i gave resiganation on one month notice but my current emplyer not accepting my resignation. What should i do ..? Right now i am working out of field and i dont want to loose this chance…
    Please advise me …

  • hi need your help: i am working in UNLIMITED contract and work 7 months now in the company, but i resign and given 1 month notice.
    But my boss doesn’t agree my resignation, i sent my resignation through e-mail with attachment of my resignation letter. but until now did not send back to me. My questions are:
    1. Can i leave the company after my notice period even without signature of my resignation letter?
    2. can they file absconding because of they don’t agree my resignation?
    3. How much time do i have to wait for them to cancel and to make a complaint in labor if they don’t cancel my visa?
    join a company which is freezone visa?

    Please i need your kind reply.

  • I am resigned 30/08/2014 my company tell me one month notice period 30/09/2014 it finish but company not giving my service money and cancelation they telling me to wait more now new procedure now they start cancelation work after finish notice period(30/09/2014/ I am sitting in room now every day they telling it will take time I want to join in india for work ,what I will do,I have no money to spend more here for food, room

    • Unnikrishnan,
      sorry to hear about your situation.
      However, it is entirely upto your company to complete these tasks.
      Approach MOL for further help on your gratuity not being released.

  • I am working with a compnay in Dubai under a limited contract. My salary is 800 dhs and every month 200 dhs is being deducted from this 800 dhs. I was duped in signing the contract since there was a lot of tension on me when I first arrived in Dubai. I was able to traced my contract from the ministry of labour website before I saw that the company has written false statements on the contract I signed without knowing. I have kept silence for the past 6 months since I know that I am on probation. Allah being of help to me, I have won a contract in a new company with a salary of 5000 dhs bases on my educational qualification and after I spoke to my boss on this, He dont want to release me. All he is telling me is he will speak with his P.R.O. I am convinced and I dont know what to do now. I need your help and advice if I can terminate the contract due to the salary deduction or on the false statements on my contract.

    Read more: http://emiratesdiary.com/job-tips/termination-labour-contract-can-contract-terminated#ixzz3G7eMkKxl

  • SIR,
    I’m working in abu dhabi as an engineer. I am completing my 8 yeras service on Nov 17 2014 and my visa expiration is on Dec 30, 2014.
    What will I do If i need to end my job on Nov. 17 2014 or Dec 30, 2014 what letter i will be present to or HR. Give me sample letter will help a lot for me.

    Thank you and more Power.

    Jeff

    • You don’t need to have great writing skills.
      A simple letter is fine.
      Resignation letter sample:
      Dear HR,

      I wish to inform you that I would like to resign from my service effective (resignation date) and my last date of work will be (add notice period days and mention date)
      It has been a pleasure serving this organisation.
      I am leaving the organisation because (insert reason)
      Thank you very much for your support. I would like to receive the calculation of my end of service benefits as per the UAE Labour Law and according to my service contract.

      Once again, thank you.

      Sincerely,

      END

      Please make sure to inform/cc your manager.

  • greetings..
    My manager told me to go find a work because the company dont have income and project. he said i will give you all letters you need.
    and then i found work. i told him i need to be cancelled he told me ok and then he said i will make letter and then he will sign.
    now my problem is i dont know the format or template for Termination Letter.
    i hope you can help me.
    thank you and godbless

  • My company terminated me approx. 20 days back and they have still not paid my 4 months salary. Now companies’s sponser is telling me to submit my visa for cancellation otherwise he will block my visa. The thing is that my company’s owner can’t give me salary now.

    What should I do?

  • i am employed under a labour contract of unlimited period in abu dhabi i am working as private nurse and my visa is company visa. before my employer went to lebanon and they left me here in abu dhabi we had agreement i will renew my contract for another 2 yrs but when they came back from lebanon they told me they will not renew my visa which is end on november 18, 2014. now i want to ask sir can i received my gratuity from my employer?thank you and more power

    • Mashel,
      If you complete at least a year in employment continuously, you will receive gratuity as per labour law.

  • hi, i am working now in my company for 2 years and my labor card will expire on nov. 30, 2014 under unlimited contract, and i wish not to find a new job. how should i leave my previous company without them giving me any problem or ban. thank you.

    • Rona,
      If you wish not to fined a new job, what you intend to do? Please continue with your company.

  • my visa is already finished 5 days ago, i have plan to renew after 10-15 days and my emirates id is already expired also 5 days, what will i need to renew my visa, and will i have a fine for overstay. what do i have to do to renew??

    • Ganesh,
      Approach your HR to renew the visa.
      I think the overstay fine is 25 dhrs per day.

  • i am working in my company for 2 years under unlimited contract and my labor card will expire on nov 30, 2014. i want to find another job, i want to know if i will have a ban if i resigned in my company. what is the best thing to do so that my company will not give me problem if i will not continue.

  • Hello. I will resign and i prepared my resignation letter but i would like to leave the company in 2 weeks time. Is the 1 month notice period mandatory or can i agree with the company to leave in 2 weeks time ? I am ok if they dont pay me full salary or any others for that. Can you please advise me? Thanks

    • Beatriz,
      This actually depends on your company and they can decide on the notice period.

  • Hi Deepak,

    I got employed by a Dubai based company, entered Uae on their pink visa on 05-jun-14. Work was ok, salary paid in cash. Then the issues started with the older staff, who were trying to intimidate and pressurize me. I did my job and refused to bow down to any unwarranted reasons. Though I had signed a limited 2yr contract with them and 6 months probabtion period.
    The initial 60 days validity of pink visa exp. on 3-aug-14, still they hadn’t stamped visa in my passport, nor processed or submitted anything for labour card & Uae id. I kept reminding them, but nothing happnd.
    Finally on 30-sep-14, i.e. after working on overstay status of 58 days, I informed the Owner that I wish to Quit as they failed to help make me Legal. Ofcourse I wished to open a Bank Accnt, Get a driver-license, Get my daughter to Dubai on resid.visa. How wud I do all this if I wasn’t getting a valid resid.status myself?
    On 1-oct-14, I reported to work, informd management I wanna quit for such reasons of breach of trust, mailed in my formal resignation citing all reasons. They still didn’t respond, nor returned my passport.
    Then on 2-oct-14, I approached MoLabour for advise. They said its employers fault, submit complaint. I did so on same day. Was asked to revisit on 22-oct to have a meeting with me, employer & labour offfcr. To my shock, the officr said im at fault & I need to pay employer 1.5 mnths sal +1 yr ban. I asked to escalate, and now its all set for Dubai court.
    However, now I note that after I applied for cancellation with MoL on 2-oct, the company sumhow submitted my labour contract at MoL (which they hadn’t before), and the date on MoL stamp on 2nd page is 19-Oct-14. Now MoL says its my fault as my Contract is on the system.
    Kindly advise what u think about my scenario? Also, doesn’t the Labour Law #121 apply to me? it says employee can quit without notice if employer fails to meet employess needs, fulfill obligations as per Law, etc.
    Pls reply with ur take on subject matter.

    Thanks & Regards,
    R.K.

    • Rosh,
      I refrain from such issues as your case is already with MOL and courts.
      Sorry.

  • I am working on a temporary work permit (on going labour case). My temporary employer terminated me and would not release my passport and my 1 month salary. Pls advise.

  • Whether non-renewal of the employment contract will be termed as the resignation by the employee?

  • Hi Deepak
    I have been working with a company for the past 4.5 years, I just came back from leave and my company told me that they are giving me a months notice and that my services were not required, grounds being that of ‘cost cutting’

    Can I challenge this reasoning?

    During the crisis there was not cost cutting, when the company is doing well, its not justifiable to me
    besides for a senior manager, is 30 days notice valid, should it not be 90 days notice?

    I remember sometime back we had signed a document stating 90 days, somehow i dont have a copy of that letter

    They mentioned that they will pay salary for 30 days only and i can stay on their visa for upto 90 days

    Mine is a jafza visa valid till 2017, i work as a Warehouse Manager

    What options are available with me.

    • Michael,
      Trace the copy of that document where you signed that the notice period is 90 days.
      On the other hand, request for termination instead of resigning. You may approach the authorities. However, this may not have desired results.
      My suggestion only.

  • Hi Mr. Deepak,
    Im employed in LLC company in Dubai since July 2014. And my passport was stamped with visa last Sept 30, 2014 but now I want to leave the company because I dont like the management, what are the consequences that I will be facing in this case? Please let me know. And what can you say if I will get a job in freezone? Thanks in advance!

  • Hi can anyone help me…i have unlimited contract…and i want to resign…because after work at 3 o’clock…we are not allowed to go outside…my accomodation is inside the school i tell them i want to take accomodation outside…but they didnt allowed me…it is my right to take accomodation outside or no??and after work it is possible to go outside or no???we are not housemade…

    • Renalyn,
      Is this company policy? I am not sure why they do such a thing like keeping you inside the school!!
      Totally surprised!

  • Under limited contract – if the termination notice is given, i.e., 60 days prior to the termination date – are those 60 days calculated in that three month payment compensation that the employee is supposed to receive after the termination?

  • i am an employee as LLC company in Zone corp, ICAD-1 abu dhabi. with the unlimited contract period from 26.06.2014. 1 month back i got new job in Dubai,. i’d told them(to my current employer) about this offer and my decision. but they refuse to accept my resignation. (i know that i had a mistake here to showed them about my job offer)

    One week later i discussed with my colleagues and i sent an official letter through E-mail to my current employer with notice period of 31 days. (But this mail i didn’t mentioned it anything about my job offer). and i told them to cancel my VISA with in these notice period.

    Tomorrow is my last working in my current employer. still they didn’t start processing of my VISA cancellation. and refuse to accept my resignation letter.

    My new employer asking me the expected joining date. for this current situation i don’t know what will be the next step for me to go head.

    This my questions,
    Can i approach MOL in this regards? if yes!
    a. What are the documents should i have to submit?
    b. How many days it will take to cancel my VISA?
    c. In this regards, Can my current employer impose 1 year ban for me?
    d. can i tell to my current situation, MOL approaches and everything to my new employer?

    your advice and knowledge is much needed in this regards!

    • Kalees,
      Yes you can approach MOL. Do you have a labour card?
      a. Normal documents including Emirates ID, Current contract, Labour card, new contract etc.
      b. Not sure. Cancellation is 1 day work.
      c. No. Only 6 month labour ban since this is unlimited contract. Read: http://emiratesdiary.com/uae-tips/types-bans-uae
      d. I am not sure. They may withdraw the offer as this will delay all the process.

  • Sir I just want to ask, I am working on unlimited contract and 1 year working from now. Can my company oblige me to pay for the visa cost if I resigned?

  • Hi my contract will expire end of this month and i want to resign do i need to give my company 1 month notice period?
    Thank you

    • Veronika,
      yes, you will have to provide proper resignation. Otherwise company may renew your contract under unlimited contract.

  • Hello i want to resign to my company, i have 2 years contract, i start 27 January 2014. i ready a lot of notices but i need to know, i can resign for example in 27 of November and give 2 months notice (the last day will be 27 of January the same day i start) well 1 complete year. i need to pay something? Or i can resign without any payment? and what is the consequences?
    Regards

    • Joao,
      You may resign but you will run the risk of getting automatic labour ban.
      Regarding payment, it depends on your contract.

  • Hi i am working since 15 may 2014 as per the contract between me and the office . But the MoM contract is from 12 june 2014 and i want to resgin . What will happen if i just the work without giving notice , and if i guve notuce and rejected what should i do.

  • Hi!? I have unlimited contract to my work, i want to resign due to some personal reason do i need to pay my visa expences to my boss?

  • I am doctor working for military from a provir company which originated from military as told by my seniors. I get 7 days off after working 17*7 days and I am on unlimited contract. I joined in mid of june. My probation ended 2 months back as told by my employer, it can be 3-6 months. Anyways, my six months are going to be over by mid december. I want to see whole world, can I go to different countries without telling my employer in that 7 days off which I get after working 7 days continuously? Total I get 15 days off in a month alternatively.

  • Hi Mr.Deepak,
    I want to ask about my contract is limited and on my labor card the expiry date is Nov.13,2014 and in my Passport visa expiry is Dec.24,2014 and i will not renew and i just want to go home,but the thing is when i informed my office that my last day of my work is written Nov.13,2014 and l am asking them to book my ticket but they told me in my passport visa expiry is dec.24,2014 and until now I am working.When should i stop working and when should i get my graduity pay,over time pay and holiday pay coz until now they didnt inform me about my ticket and when they will cancel me…How to write a non renewal contract and about my computation of my graduity? Can you give me an example of non renewal letter?.thank you!

    • Belinda,
      you have to give notice to the company.
      Resignation letter is simple. Mention the reason you are resigning for.
      I do not have a sample.

  • hai deepak

    iam working in a dubai based company. now i finished 1 year in this company with 2 year contract . now i want to resign . already i give notification letter to the company but they are not responding. i need to pay something? Or i can resign without any payment . my resignation will possible or not through mol. what should i do ?

  • Hi,
    I am currently working in a logistic company as an accountant and my contract is going to finish in 07th Jan 2015,but my visa will expire in 13th of Jan.As per UAE law which date is good for me to submit notice period.And also can i stay UAE for 29 days after cancellation.

  • Hi deepan,

    I am currently working under 2 years contract in immigration visa as per my offer letter they have to pay 1300 dhs but they are paying only 1200 when I ask they said after 6 months only its eligible but in my contract nothing mentioned like that if I resign before six months I have to pay money for the employer