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

  • chel

    hi sir good am ,

    i am working in a coffee shop company of sun city ventures,i apply from phil.
    i start to work at sept.12, 2014 and end of contract of sept.12,2016 2yrs contract here in.. after my contarct i didn’t take vacation i re-incashment my 60 day of vacation and air ticket and they give it to me, because i much need money that time ..
    and now i renew my contact for another 2years, i saw my visa renew of oct 10,2016 and valid until oct.10,2018…
    because they not paying may exceeding hours ( overtime) i’ve plan to look for another work with the better salary …
    do i have to pay my renew visa , and the one way air ticket that i re-incashment at my previous work …
    can you give me some advice what to do if i will go transfer to another company ???

  • mohd shujatullah khan

    Respected Sir,
    I am mechanical engineer working in a company since 2014 march,my visa got expired and i dont have visa since the day of expiry.On october 8.2016, i have given my resignation by mail to my mechanical manager and project engineer.
    I had a requirement of salary increment or job resignation.
    1.No action was taken about the cancellation.on November 8.2016 i asked my engineer that no action has taken for my requirement or even about my job resignation which was last day of my notice period.They told they will increase 500 for which i denied and asked for cancellation.
    2.No 1 informed about official resignation letter to be received from HR til the last day of my notice period i.e., 9th.Nov.16.I still continued my duty till 19.Nov.16 and sent a mail to my HR and ENGINEER that i cannot continue my duty as i was seriously in bad condition of health.
    3.I gave my resignation letter on 22.Nov.16 which is approved and i got the update on 26th of Nov.
    4.they asked me to submit required reports after 2 days.
    5.when i submitted the reports they they need sign from my senior unless they cannot proceed.
    6.yesterday 6.12.16 i spoke to my senior and asked him he told ok he will sign and ask for further process.
    i dont know how long will it take for my cancellation and in between i have got a good offer from another company.

    To be informed that my medical is also done but there is no visa status or update.
    Now the thing is i have stopped my duty from 19.Nov.16 what will be the case .
    Can you tell me what are the possibilities and what time will it take for cancellation.
    and is there any penalty in my case or any salary deduction .

    Please give me the best solution to over come this situation.

  • mohd shujatullah khan

    I am mechanical engineer working in a company since 2014 march,my visa got expired and i dont have visa since the day of expiry.On october 8.2016, i have given my resignation by mail to my mechanical manager and project engineer.
    I had a requirement of salary increment or job resignation.
    1.No action was taken about the cancellation.on November 8.2016 i asked my engineer that no action has taken for my requirement or even about my job resignation which was last day of my notice period.They told they will increase 500 for which i denied and asked for cancellation.
    2.No 1 informed about official resignation letter to be received from HR til the last day of my notice period i.e., 9th.Nov.16.I still continued my duty till 19.Nov.16 and sent a mail to my HR and ENGINEER that i cannot continue my duty as i was seriously in bad condition of health.
    3.I gave my resignation letter on 22.Nov.16 which is approved and i got the update on 26th of Nov.
    4.they asked me to submit required reports after 2 days.
    5.when i submitted the reports they they need sign from my senior unless they cannot proceed.
    6.yesterday 6.12.16 i spoke to my senior and asked him he told ok he will sign and ask for further process.
    i dont know how long will it take for my cancellation and in between i have got a good offer from another company.

    To be informed that my medical is also done but there is no visa status or update.
    Now the thing is i have stopped my duty from 19.Nov.16 what will be the case .
    Can you tell me what are the possibilities and what time will it take for cancellation.
    and is there any penalty in my case or any salary deduction .

    Please give me the best solution to over come this situation.

  • mary grace

    good day sir deepak..I’m confusing..I was hired from Philippines.. I joined my company November 19,2014 and my labour card made November 19,2014, and expire November 18,2016 my first boss sold the company (star magic cleaning services)to second boss and change power house cleaning services) 2nd boss RUn the company almost one year and half..then the 3rd employer who runs again cus 2nd boss sold it..then 3rd boss start month of august onwards till now total of (4months)base on the start we dont have payslip..medical insurance and since from the start our salary delayed but when the 3rd employer start they give us salary from august not delayed it’s good now..but they give payslip only for the. month of september.where not mind that as we only follow our work rules when months run fast base of my labour permit (card )I inform 2months ago to my boss I will not renew my contract as cleaner..then I said I will submit my one month notice to inform formally to end my labour contract as it expiry..then after October came I submit it I indicate my non renewal letter effective November 19,2106 I stop my service..they agreed..upon agreement times come they sent my employment contract as follows January 04,2015, start and end of January 03,2016..after 19,my boss ask favor to stay more days then 22of November we wen labour we ask..but labour didn’t allow me to go legal advicer..different statement some labour personnel said oh they are new your permit is expire already 2years..they scan my employment contract and print he copy of my labour card..then I ask what about my employment he said all finish tell ur boss to cancel u..again we went again other teller just tell ur not finish u will not get benefits..then I explain nicely he go my point and in front of my boss I decide to finish but when he ask me again a 3rd favor to work again ang he will pay as over time I said I’m done..tell now he not cancel us he calculated my penalties oblige to pay (1,200aed)ic I will not pay he will file me a case in 120article..when I read that article I didn’t find any rules I violates..then now almost staff resign so there is tendency he wait other done before he cancel us?because he told us by batch cancellation..did he can file me a case?can I take my benefits?labour legal advicer told me if. cancellation not process this week go back labour and complain the labour for typical error of all my documents error after ask I advice if I have to pay my boss (he called breaching of contract )what my question is how I will tell nicely to labour about. this and there is possibility this 3rd boss the husband can role as manager ?while the owner is the wife who one the signature card?did the husband of the owner allowed to go our accommodation in night time to check us?alone?and its formal he ask me favor verbally but he told this outside the office ?and he is allowed to file me a case that in 3rt time he ask me favor I refused and I said Its done the 1,2nd favor I follow and I sent the agreement via email..thank pls help us…

  • Arya

    Hi
    I am right now working in dubai under limited contract. I have completed 16 months with my employer. I have 3 months notice period. I recently gave resignation and informed them that i will serve the 3 months notice period. Will there be a ban for me. Do i have to pay something to my employer.

  • Rizelle ann

    Hi im working at more than 2years and 6months. In my 2years they are oky but when i come back to them thier is already change 3months they not yet paid to me.and now i want to resign or to cansel my visa.what should i do or what i have to tell them so that they will scared of the

  • Mohammed

    Hi deepak
    I worked 1 year and seven months
    I resign my job to go home for personal problems.
    Now this one month notice period they are trying to create some problems
    Already finish 10 days remaining 20days if they make something to cut my gratuity and other benifits if they do so what action can I take?

  • kk

    Dear Deepak,

    am working with company from last 8 years and coming Feb will be my 9 years with them. if i will resign should i pay some thing or they should pay me and what benefits i will get.

  • Gerald Adriano

    I was terminated by my previous employer May 16, 2016, but they did not pay the number of days that I’ve worked from May 1 until May 15, 2016. I’ve been trying to communicate with them but they’re just ignoring the issue.
    Can I escalate this to Labour Department?

  • akhtar

    Dear,
    I have completed the 9 years in same company and last years i was make the limited contract, and i was give the resign in last month 20.08.16 (After one years) and till our company not leveling me. So, please can you advice me the what action company will take and what i action will take.
    If company will put the ban can i removed.

  • leirbag

    Dear mr. deepak, i am working for 4 years as unlimited contract if i renew my contract and resigned after 3 months? do i need to pay anything? am i entitled for a 4 yrs gratuity? do i have a ban?

    thank you very much i appreciate.

  • Tahir

    Hi All,
    I am currently working for a Local Foreign Exchange since 26 April 2015 on a salary of 3200 and have unlimited labour contract, got an other offer of 5000 aed and want to resign by giving one month notice. What should be the best way to avoid hassles and if there would be any panelties?

  • Jagins

    A soul that needs help
    I have worked in UAE for almost 1year(am making a year) oct 28/2016.i only discovered today that my visa hasnt been put on the face of my Passport. Please advice because am not so sure what might happen, now that am told that my sponsor isnt working?

  • George

    Hi Deepak,

    Hope you are fine.

    One of our manger resigned after completing two year and one month. He went to his native place one month back using his annual ticket. Apart from gratuity, is he eligible for return ticket again to his country?

  • Alyssa Nicole

    Hello good morning, I am a waitress in a limited company ( its a company which sends contractual manpower to different hotels). I finished already 1 yr and 3mos in the company and i found a job in a hotel. I just want to ask if i will still get a ban? And if i do can the hotel lift my ban? What do you think is the best solution? Becausue i really want to leave my current job. And my current employer is deducting us for visa fees.

  • Mathieu

    I am on an unlimited contract and my company have terminated it due to restructuring. They have given me one months notice but still owe me unpaid salary and I am concerned that there will be a delay in my final settlement.
    If I get a new job before they pat my final settlement is there a way I can start with a new employer?

    Thanks

  • red

    hi mr deepak,

    i hope you are great today.
    i think i need your advice. and ill be happy if i got a response from you sir.
    reading all the questions here really lead me feel that my case is nothing to compare among the trend.
    now im in a mid of a dispute with my employer
    i am working as a head florist in a flower shop with the same employer for more than two years and my unlimited contract had been renewed a few weeks ago and now i want to make a decision of leaving my job.
    the thing is my boss and i had signed and agreed in a contract for giving me the full management of the business in condition to pay him such amount, fix amount in monthly basis . the contract covered 9 months. the first month is fine wherein i made to cover all the contract stated even nothing was left for me as if i work for nothing and he is the only one who earned. then the worst come the next 3 months really a bad business covering the ramadan time which really a dead business season and ended me negative in terms of my payable to him as per contract between us but yet i still manage to pay all the expenses and rent for the shop but not all the stated amount in the contract that we have.. and now he is considering those balances as my depth to him.. without considering that the first and the 3 other months has give me nothing…
    what i want to ask for advice is that if i can withdraw our contract and if i pursue my resignation is there a possibility that he would forced me to pay all the balances..
    would the ministry of labor consider our contract valid if i seek help from them?

    by the way i had written already some of my complaints againts 0 him in case i would file a case to MOL like – that sometime in my employment to him i worked alone 12-14 hours everyday in a 2 months period which i never received any extra or overtime pay, i never received any of holiday pay thus i have to work more time because its our peak season, i never received annual leave payment for the period of 2 years even after i just finish a contract and some other things which i believed are out of labor law.

    pls do me a favor by hearing from you. thanks and GODBLESS U.

  • Tausif

    hi my labour card is finished on 28th of august and i have mail the hr on 4th september that dont renew my contract and they are telling they will not pay the settelment amount and telling me to sign the cancellation paper they are telling that you should have mailed us before the labor card is over and my visa is till 4th of november
    in this case what shall i do i have worked in this company for 4 years

  • CMMS

    Good day! I am seeking for your legal advise regarding my frequent situation. I worked as a home care nurse in a home care facility and I’m on my unlimited contract, my employer also let me signed another contract, they called it “internal contract”, I was shocked because it opposes the mol contract, it is said that if you resign you will pay 15,000 aed. My employer also have my passport, I already consulted it to MOL they said ” internal contract” is not valid, when I am on my 2 months I already passed a resignation letter and work until my one month notice done, still my employer insisted me to pay 15,000 aed because he said I am the one who is breaching the internal contract and my employer said that he will file a case to me in federal court. What shall I do?

  • Hadi

    Dear sirs,

    Please check my case.

    I’m working in a real estate company for 4 months still Probation period. I have sent my resignation letter to my employer and he refused it as he said I’m under investigation. I got salary 1k and he is not letting me work and do my duties so I opened case in MOL but should I keep coming to office and sit without doing anything because he is not letting me work and do deals to get paid
    Many thanks

  • manikanta

    Dear sir
    IAm manikanta present working in QBG limited contract without completed the contract period resigned the job electrical maintenace designation electrician tell me Labour law

  • arnel a dimacali

    dear sir deepak,
    i am a terminated employee because of low performance from dunia finance. I was hired and started working on october 4, 2015 and was terminated on june 6, 2016… My question is.. am i entitled for one month salary? i am not yet cancel up to this time..what other benefits i should get since my branch manager ask mo to resign that time but i told him that i will not, but he told me that there is only one option left and that is termination.. i said i will not resign, and he push thru on terminating me.

  • Sriram

    One person took some money from me in feb 2016 ,till now not given and when I am asking he is telling whitin half& hour amount will be credit in your account

    Please suggest what I have to do

  • sakeer

    I am employed under a labour contract of limited period, and i just worked 6 months. I want to leave my present job. Is there any ban for me. What should I do?

  • Muhammad

    Well i am Muhammad i was working with limited contract of two years i just worked 4 months and my company terminated me kindly tell me is there any Ban will be give or how many month of salary i am expecting to get from
    company.

    Thank you.

  • EVANGELINE GALVEZ

    Dear Deepak,

    Im on a limited contract for two year and just finished 7 months. I would like to resign and look for a better paying job. I’m an accountant and has a degree. My present company is asking me to pay for the visa expenses since I am not finishing the contract. Should I really need to pay?

  • kannan

    I am working in sales under unlimited visa. now my contract had expired on 9th may 2016, and ,my residence visa expires on 23rd june 2016, i was on duty till 15th of june even after my contract expired, now i dont wish to renew my visa as my salary where not paid on time and not paid in full,also i dont thing they have any intention of renewing my visa , so my question is do i have to continue working. as i have not submitted any resignation letter.

  • Cristian

    Hi, I want to resign on my company, buy I am afraid that they will charged me in my Visa processing, I am almost 9 months .. do you have any suggestions?

    • Rose

      It will depend if you have limited or unlimited contract. As per unlimited contract, no matter the circumstances of leaving employment,the employee is not liable for any of the employer’s costs. This is per ministerial order 52 of 1989, Article 6. No penalties on unlimited contract. I’m not sure about limited contract.

      Hope this helps.

  • Syed Alquama Zulquarnain

    Dear Sir,

    I worked with a company under an unlimited contract for the 5 years. Now the company terminated me and had asked me to serve one month notice period which I already served. Now I have filed a complain alrady at MOL. They have brought unfilled time sheet for the notice period month and claiming that I didn’t serve the notice period and I don’t have the time sheets how can I prove to court that Ii have worked and served the notice period. kindly advise.

  • Uzuagbe

    I have two yes contract with my company and I have one month left to finish with my contact, and I don’t want to renew. am going back to my country, what do I do?

  • Syed Yousuf Hussaini

    Dear Sir

    I was working with one FMCG company for 2 years and 6 months ( unlimited cont) and i have given resignation on 10/04/2016 with one month notice period but company asked me to work till 25/05/2016 which i agreed but still they have not given me any final settlemet or not cancelled my visa also please tell what is the rules, when i should get all

    thanks

  • Syed Yousuf Hussaini

    Dear Sir

    I was working with one FMCG company for 2 years and 6 months ( unlimited cont) and i have given resignation on 10/04/2016 with one month notice period but company asked me to work till 25/05/2016 which i agreed but still they have not given me any final settlemet or not cancelled my visa also please tell what is the rules, when i should get my final settelement and my cancellation

    thanks

  • Swetha

    Hi Sir,

    I have worked for a pvt company for 2 and half months from jan 12th, 2015 to march 24th 2015. Actually probation period is for 6 months. I signed a bond for 3 years but due to health problems i resigned my job. And now they sent me a legal notice to pay 1 lakh amount after 1 year 3 months. And two surity signs also given. In probation period, am i liable to pay the amount? Will the company take any serious action if not paying 1 lakh amount. Please help me.

  • Swetha

    Hi Sir,

    I have worked for a pvt company for 2 and half months from jan 12th, 2015 to march 24th 2015. Actually probation period is for 6 months. I signed a bond for 3 years but due to health problems i resigned my job. And now they sent me a legal notice to pay 1 lakh amount after 1 year 3 months. In probation period, am i liable to pay the amount? Please help me.

  • Fakhruddin

    Hi,

    I am on a unlimited contract, i finished my 3yrs and 6 months in the company and now company has terminated me as of no business in the market and gave me 2 months notice period. Regards this, lets say the 2 months notice period ends on 30 april. So can i get May and june month salary with my graduity from the company. As company is terminating me?

  • Mrs Rajan

    Dear Deepak

    Presently I am working in an education institute as a archives clerk.I have resigned my job.I am in probation.But by employer is asking me to pay 45 days salary.I am ready to serve 45 days notice period without salary,but the employer is saying that he needs just money no need of notice period.What should I do,kindly advice me

  • Mark Raymond Cantalan

    I’m currently working under unlimited contract and I have been here for 7mos. My employer promised me to have a commission after 2mos of being here but until now, I haven’t receive a single centavo as commission plus my job designation does not only limit to the one they said before. I’m working as a designer but they’re asking me to do everything even lifting of boxes in our office. Now I want to resign and go back home instead. I want to know if I’m going to pay anything from my employer and how much would that be? Please help me. Thank you.

  • Susheel

    I started a new job on the 24 Dec 2015 it had a 3 month

    probationary period.They gave me warning notice on 10 jan

    2106 about my performance. and told me on next day that you

    can go to home because this time we don’t have project so

    you can go to home when we will get project that time we

    will call you again. They gave me my salary 24 dec to 31

    dec till . and told me this month salary we send you next

    month 10 fab . please suggest me, how to get my this month

    salary and advance one month salary as policy in

    probationary period.

  • lloyd

    my labour of contract is done .. i dont want to renew it.. do i need to have a 90days notice ?? or 1 month?

  • waqas khan

    Hello Deepak I am working in Dubai under a limited 2 year contract. My contract expires on March 3rd 2016 but my visa expires on April 04th 2016, which one should i care about ? I want to leave this job without facing any penalties or ban. Please tell me what to do.

    Thank you for your time
    Waqas Khan

  • Jv

    Hi Deepak,

    In my current employer i am earning 5000AED per month but in my labor contract its only 4500AED. Now i got a job offer 8000AED monthly and i want to resign immediately (10 days notice period) and my new employer wants me to start by January 2nd week. Will i have a labor ban?

  • Prince

    Dear Sir

    I am working in a company as Quantity Surveyor. I have attested Civil Engineering Certificate. My salary in current company is AED 15,000 per month and I am in an unlimited contract. I joined the company on January 2015. I got a better offer from another company and hence submitted my resignation on 16 November 2015 to start my one month notice period. Till date, company did not arranged any replacement for me.

    when I send my resignation, HR did not officially received it. Therefore, I send the scanned copy of same through email and had followed up the status of the same through emails. However, no response was received from their end.

    Today I got a call from my HR manager saying that they cannot accept my resignation and I will have to serve another one month as notice period. I told them to give me an official notification of the same stating my last working day. They refused to give any such letter. Finally they told me that if I don’t agree then go to court and fight.

    I request you to advise what I should do in such case. My new company is not ready to wait further. If I go to court, will it take long to get a verdict. Since HR is not negotiable, what are the possibilities to get rid of such situation.

    Kindly advise.

    Thanks

  • Farooq Iqbal

    Dear Deepak,

    i am doing job in Aluminium industries last One Year as a Production Clerck in under unlimited contract. .my qualification is B.COM here the problem is Salary not on time so I want to change my Job is it possible can i save my self from labour ban.

    thanks

  • Juan

    Dear Deepak,

    I have completed my 2 year contract with my company and the work cancellation permit I received has a quote on it saying “do not issue work permit until 6 months from cancellation” or something like it. I asked our company PRO but he says don’t mind it and when I ask our HR she says she doesn’t know anything. Please get back to me as I do not know if I should sign it or not. I’ve read a lot about companies tricking their employees regarding this matter and, honestly, the company I work for did it already to some of their employees.

    Thanks and best Regards.

  • John

    Dear Deepak,

    I have completed my 2 year contract this November 2015 and my company is forcing me to sign a work cancellation form that says “no work permit to be issued 6 months after cancellation” and I asked the pro to explain it to me as everythong in the document is in arabic, he said I shoukd just ignore it and I do not have ban. I’m wary because these people like to screw their employees whenever they can. Is the pro right in that I shouldn’t worry? Or should I escalate this into labor? I can send you photo of the quote in the cancel permit if you need it. Hoping for your reply and help.

  • bijay

    i heard that we can change current company after finsing 6month after 2016 is it true or not

  • Tauseef

    Hi. I have been employed on a limited contract of 2 years. And due to emergency I had went to home town for 2 months. Now the company called me up as I had no intension to work,I came back n gave resignation of one month n it’s gonna be complete. But the company shows that as I was on two months unpaid leave. My gratiuty cannot be calculated Wat is the best advice.

  • Shehzad Habibullah

    Sir, I have following question If you can reply it will be great help for me.

    I have join company on May 2014 which was basically me and my friend company but under his mother name and I joined as an employee with limited contract 2 years in Dubai. We worked as a partner but now due to bad market I plan to search a job and already find it. Now please guide me so I will not get any labour banned my 2yrs still not completed. My new job also in dubai

    1) If company give me NOC/Release letter should I change my visa without getting any labour ban? if yes what will be the procedure and does it will effect to company like any bad impression in immigration?
    2) Can I hold my wife visa to pay aed5000…. also my current salary will be only aed5500…… and desgination shipping coordinator…………. also pls advise the procedure
    3) I can amend labor contract from limited to unlimited? so I will not get any labor banned before canceling?

    Please advise thank you in advance
    Rgds,
    Shehzad

  • yasmin

    Hello. I am working in a company under unlimited contract for 1 year and 10 months. The company is facing some financial difficulties and with that salary comes delayed all the time. It is NOT an an issue for me either. They told me that they want to terminate me. I asked them to give me official termination letter. 2 weeks passed and they are not giving any. What happens now, they are discreetly telling to other staff that they do not need my services. Somehow, they wanted me to resign because one of the partners telling that why should i not look for another job or they can help me to find another. It’s so pathetic, they are not giving me any task, I just sit in the office without doing anything. Shall I demand for a termination letter or shall I resign? I am not resigning because in 2 months I am finishing my contract.

    Thank you for any support you may extend to me.

  • Jean

    I have a lot of question in mind right now, First I want to know because I already give resignation letter to my employer that I am working until the end of this month. They give me offer letter last June 15, 2015 and I started working August 8, 2015 as Sales Promoter and then when my performance is not good working in that position they move me in Office as Receptionist. Now I already decided that I want to quit and go back in Philippines. What do they need to pay for me? Can I take my 1month paid leave if ever? or just only my salary for the month of November?

  • Santhosh

    Sir if daily 13 hours work 2months without weekly off its in uae rule.i paid my visa amount and medical amount also so i dont like to work here i informed my boss he asked resingation letter without date mention i gave that yesterday only

  • Santhosh

    Sir i came uae 31july and i join my restuarent duty my salary is 1200 but after 3 monts i got a 800 salory only

  • Rasheed ahmad

    Hai sir I was hired as a store keeper in a company but from very first day work as site supervisor. I have to perform 3 month as probation period now I have completed 6month I want to resigned from job. Should I have to face labour Ban or should company can charged me visa fee. I am commerce graduate b.com. Plz help me..

  • SWAROOP

    HI im working in a contract of unlimited and its 2 year so my contract will finish on 20 Nov 2015 and visa on passport wil finish on 23 dec 2015. and i submitted my resignation on oct 20 to serve 1 month notice period. but my employer is not ready to cancel me. please help me how many days i can stay here after finish my contract. and is there any fine after that. or i need to stay here after completing my visa on passport.
    and how can i get cancel my visa if my employer is not ready to cancel

    please help
    thanks in advance

  • Gail Michal

    hi sir, I just want to ask when is the right date to pass a letter of non-renewal? because my contract will be finish this december but im not sure what is the exact date because I have an UNLIMITED CONTRACT, it says that I need to pass a non-renewal 1 month before the end of your service but again as i have said it is UNLIMITED. no definite date. I can only see the date that the contract was made, contract signed and my visa date? my problem is in which date should I base my 1 month notice? would it be on the day the contract was made? or contract was signed? or in my visa end period?

  • uae worker

    Dear Mr. Deepak,

    How are you.

    I dont want to renew my 2 contract at the company and I started my work of the 27th of december 2013 and want to end it of the 31st of december 2015. But my labor contract was applied of march 2014 after my 3 months probation.

    “If i give 1 month notice this november 2015 for non renewal letter which says that I completed two according the “start date of work” will it be ok and get my 2-way ticket”

    I have proof of salary which starts my pay january 2014 and offer letter with date of january 2, 2014 – saying 2 year contract and 2-way ticket.

    Thank you in advance…

  • Jude Nfua Kum

    Hi sir my salary has never come on the right date .I have worked with my company for 1 year 9 months ad my vacation is on February 20 and before I get my salary I must have called my head office in dubai for a week to presurise them so that they can send my salary and they keep on telling if I continue asking my salary they will terminate me my salary is always pending and every month I must have querrel with my sales man or HR before I get my salary it’s remaining me three month for my vacation and my company is about closing down so am a little scared about this and I found a new job already and I want to resign from the company .what I want to know if it’s I will ha e a band or What can I do please help me thanks

  • lakhwinder Paul Singh

    I M WORKING WITH THE EMPLOYER IN UNLIMITED CONTRACT.

    MY VISA IS LIGHT VEHICLE DRIVER.

    I HAVE COMPLETED 10 MONTHS SUCCESSFULLY.

    I WANT TO RESIGN .

    DO I NEED TO PAY FOR MY VISA TO EMPLOYER COZ HE MAY ASK.

    SOMETIMES HE USE ABUSIVE WORDS AND SHOUT.

    IN WHAT CASES HE CAN IMPOSE A BAN ON ME IN IMMIGRATION.

    CAN HE LEGALLY DO THIS OR NOT.

  • Affan

    Hi sir iam affan i am working in al tayer today i give them resign i also want to go my home country early beacause my mother is in serious condition in resignation letter i write that urgent visa cancelation my supervisor is telling me if you need urgent cancelation you have to pay one month salary

  • Umair

    Hi Deepak,
    I am working in private company llc, my joining date on this company is 19-Sep-2015. Now due to some issue maybe company will terminate me, i don’t get my emirates id yet. if company terminated me, so it they give me one month time to find another job? or can i get a new job after previous company terminated me? and if i can go to my country after termination and i will come after six months to visit visa and find jobs in dubai. so is there any thing on my previous record that some company terminated me etc!

  • waseem

    hello sir,

    i’m waseem i came dubai on employment visa through the agent
    my company giving me very less salary and also not providing me transportation. they are giving very poor accommodation which is a labor camp basically i can not live that kind of place
    i don’t want to work for them my visa is not stamped on my passport. Can i go back to india without cancellation of my visa?
    i did not sign any kind of contract with my company so i just want to know can i go to india or not without cancellation?
    if i can not go so how can i do ?
    my manager is saying i have to pay visa cost then i can go to india.
    i’m a graduate person if i will exit from uae i will get ban or not?
    please help me

    Thanks

  • john

    Hi good day to you

    I am now working at mcdonalds
    my salary is 1200 aed
    and its ot enough for me

    I just want to switch into other company with a good salary offer 350p

    And now im currently work for 5months. can i resign to my present company since i am under probation? And beside i am a degree holder. And do you think my present employer can give me ban?

  • angel baby

    Hi Deepak,

    I’m currently working as office manager on unlimited contract. however, when my boss hired me, i supposed to join his newly set up company. while waiting for all the processing for his new company trade license, he applied for me a visa under his father’s business, but now, he informed me that he will no longer have this new company. He asked me to look for new job but i am only on my 5th month with them and I’m afraid to get a labor ban from it. Can you please advise me on what to do.
    Thank you so much!

  • JP

    Mr. Deepak,

    I have been terminated last Sept. 2, my cancellation was done last 11th of October..
    Since ai don’t plan to work here in dubai anymore, I asked for my passport..
    Suppossedly, I should have my ticket since I am cancelled right?

    When I asked the HR about my passport, gratuity and ticket, they told me that I need to give them a new visa from new employer or exit ticket in order for me to get my passport and gratuity..

    And since I was cancelled last 11th of Oct., do I have to worry about my new visa or should I leave dxb before 11th of Sept?

    Is this true?
    Please respond..

  • Alok Kashyap

    Hi Deepak,

    I’m working for a LLC company under unlimited contract since October 2013 and my residence visa will expire on 4th Nov, 2015.

    I resigned dated 15th October, 2015 giving a notice period of 30 days as needed and they have acknowledged my resignation.

    Could you please advise on my queries below:

    1. Should I continue going office after my visa expiry (i.e. 4th Nov). Note: 30days notice period completes on 14th Nov.

    2. What in case they do not cancel my visa after notice period? (Concern, since management is not co-operative and might delay the process inspite accepting the resignation)

    3. My basic salary was AED 3500+1500 allowance which was later incremented to a total of 8000. However, the same was not officially documented. But salary of 8000 is paid under WPS through bank. What would be the salary considered towards gratuity calculations in this case?

    4. I’m entitled to 30days annual leave, amounting to 60days in 2 years. However I have availed 15 days and balance 45 days is still due. Should I be paid for the unused leaves?

    Thanks and appreciate your response.

  • Chris

    Dear sir,

    I am currrently employed in a restaurant for 10 months now under an unlimited contract. But the thing is I haven’t sign any contract yet and I want to quit the job. I signed only the offer letter. Is it possible that my employer may require payments from me when I resign considering that there was no indications that I have to in the offer letter?

  • Adrian

    I have a big problem and its killing me both sides i dont know what to do.
    I am a Hardware and networking engineer by profession i got an offer but the boss spoke to me and told me if you are ready to learn a new thing GAS DETECTION i have a job for you, you can do your IT work for our company and learn the gas detection thing and do sales for your extra income. In this way he tricked me at first and he said he will let me in the country on sales visa and later change to service engineers visabut he didnt do that. I didnt realize he cheated me there; thought may be it must be the way to get in. This is my first job abroad so i had no idea if this was ok or not so i came here on sales visa paying my own ticket and company didnt reimburse me for that as i didnt know that it was to be taken from the company back. I came to know everything after i cancelled my papers. I singed on the contract which is limited with the offer letter mentioning something different and contract stating something different but the salary amount same as 2500 dhirams. This also i realized when i left the job. I was forced to do sales and my salary depended on sales. My employer would tell me if you cant do sales you wont get your salary.
    I used to get my sslary also late but used to get it every month but instead of 5th or 7th it would come on d 22nd or 25th of the month(Sept salary would come on Oct 22nd or 25th 1 and half month it took everymonth the same thing). I worked for 1 year in total from 16th Aug 2014-19th Aug 2015 with my notice period included after my resignation on the 26th of july. During my 1 months notice period they took my signature on the cancellation papers and didnt pay my dues; i was unaware of that even, that the dues had to be taken before i signed the cancellation. I dint get my 2months salary and my leave salary which i am entitled for as my dues also my ticket money which i came to Dubai and commenced job with. My employer told me if u book your ticket for returning back to home country and show me i will give your salary of 2months only nothing else so i booked my ticket for 1st Sept 2015 and when i heard that hes not giving me the money and he told he will give at the airport my uncle told me hes not going to give you anything at the airport only your passport and tell you to leave so i kept my ticket open. And gave a complaint in the labour dept. on 8th of August 2015 as i came to know that my employer has bluffed me tricked me and taken my signature on the cancellation papers. I didnt get any call or message from the labour dept. Till i went there and they updated the list of complaints. Then i got a call on 29th of Aug 2015 and the lady conferenced me and the Admin of my company and she heard both sides and told you will have to get an appointment and i waited for it. Finally i got an appointment on the 22nd of October and when i reached therei saw my company’s owner for the first time along with the admin. i figured out that the lady telling me that it is my mistake to sign on the cancellation of visa papers your mistake that you stayed in the country without visa after cancellation and your mistake you are asking for your salary as your have to pay to the company 45days compensation.
    I got another appointment for 28th tough dont know why. But what should i do?what should i expect?

    Now my question is will i get justice from the labour dept.?
    Will i get my ticket money of coming to Dubai from India as i have cancelled my contract and visa?
    Also i booked my ticket theranted by my employer and then kept it open to get the complaint be given will i get the money for the ticket i booked to go back?(employer told me he will pay my dues at the airport if he wouldnt pay i would have had to go empty handed so i cancelled my return tickect to India)
    Will i have to pay 45 days compensation to my employer?? As i have given a months notice after resignation??
    Will i have to pay the fine for 2 months as the appointment came in late and i was waiting for justice so long?
    My passport is with the employer and also he has taken my emirates ID card.
    I am unemployed till date after cancellation and dont have money with me to survive i dont know how i am surving staying hungry and thirsty and all because my employer has cheated me. Will i get justice from labour dept. Or should i go some where more for help? Lik immigration or police or Indiam embassy for help??

  • Jourdan

    Dear Sir,

    I am currently working as a private duty nurse in a limited contract of 2 years. I am planning to resign after 1 yr and 7 months plus the 1 month notice period. will i get a ban? how many months? I’m confused about the 6 month and 1 year ban. and is there a chance for me to get a NOC? please help

  • Manoj

    Dear Mr. Deepak

    I am Manoj, working as a Graphic Designer in a LLC printing press (Dubai) from last 1.10 years. Soon my visa going to end. Please help me to beware the process of the resignation. 1). I am working as a Graphic Designer but on the ‘unlimited contract’, the designation mentioned as ‘Computer Operator’. So how many month before I should give the letter for Notice Period & Resignation? (Since now there is only one graphic designer, by verbally I told to them on 6 month back that please appoint a designer because I am not renewing my visa. They Didn’t. Now I am worried about that the last moment they will make any issues). 2). Please give an Idea about the allowances, leave salary etc. There is any flight ticket allowance when they cancel the visa?

    Please help me.

    • ARUN

      Dear Mr.Deepak,

      I am on a limited contract. I finished 2 year and 8 months in my current company. Now I need to resign from the company and back to home with one month notice period.
      Sir My question is,

      1) Is I need to pay any expense for visa and other things?
      2) Is there any chance to hold me the company after the notice period?
      3) Can I get all the settlement?
      4) Is there any chance to face labor ban?
      5) Is I need to pay 45 days salary?

  • Manoj

    Dear Mr. Deepak

    I am Manoj, working as a Graphic Designer in a LLC printing press from last 1.10 years. Soon my visa going to end. Please help me to beware the process of the resignation. 1). I am working as a Graphic Designer but on the ‘unlimited contract’, the designation mentioned as ‘Computer Operator’. So how many month before I should give the letter for Notice Period & Resignation? (Since now there is only one graphic designer, by verbally I told to them on 6 month back that please appoint a designer because I am not renewing my visa. They Didn’t. Now I am worried about that the last moment they will make any issues). 2). Please give an Idea about the allowances, leave salary etc. There is any flight ticket allowance when they cancel the visa?

    Please help me.

  • Devi

    Sir, I worked as a teacher 2 years in a school suddenly due to my health issues I cant work properly due to my health condition. So I explained my situation to my principal and requested for a break ,,, since am handling senior classes she said she can’t give me a break ,, so she only told me to put a paper immediately so on the same day I did it. Now they said August salary is paid to u and we will not give ur gratuity and u need to pay extra 1500dhirams to school. What should I do now? pls help

  • Anzz

    sir,
    i want to resign my job in dubai, im a graphic designer, they give me whole job, no time to sleep, i can’t do this job, I’m new here I didn’t get my Emirates id yet, but i got my visa in my passport, what should i do for my resignation nd cancellation my visa, pls help me..

    • Deepak

      Anzz,
      You could resign any time. It is your decision. But beware of labour ban.

  • rasheed

    Hi admin,
    I work in Dubai as a cleaner for the period of 6months now,am not ok with the job, I proceed for another job due to myprofession,I’m a diploma holder in banking and finance, now I secure a job as sales executive with a better salary, if I give my company a resignation letter, will they allow me to go,and do I need to face any ban.
    Please reply me thanks.

  • Dennis Ludo

    Hi Deepak

    I was reading all the questions being throned to you and I find it so helpful specially on my present situation. I am under a limited contract with Rak Investment Authority FZ and fortunately got an offer which is a better money compare to my present job. I just would like to ask if it’s possible not to render the whole 30 days notice period? Should the company issue violations about this action?

    • Deepak

      Dennis,
      I am not aware of what your contract says and the rules of the FZ.

  • Etong

    I was accused of something i didnt do. I asked the management to do an investigation regarding the matter but they refused and instead pin pointed me. I finished my medical last august 2015. Then, last sept 21, the management gave me a letter stating that they will not renew my contract. My last working day was on the 29th of september. Is this a proper procedure as per the uae law? Thanks.

    • Deepak

      Etong,
      Does not look proper to me.
      If you feel that your rights are violated, you could file a complaint with MOL.
      There needs to be proper proof of any incidents.

  • arun

    Sir,
    i am on a unlimited contract with my company i have completed 8 years of service in this company,now that i have resigned from my company i wanted to know i had given 30days notice but the company refused as they have a 45days notice,now i have accepted the 45days notice and have already finished 22days ,now suddenly the company has started putting lots of pressure and even threatened me to get me accused in a false case if i dont do any extra hours as per the companys 54hrs a week policy, i approached the H.R. DIRECTOR of my company and told him about the same he assured me protection but that needs to be seen my question to you is can the terminate me in a false case and what should i do ..pls help

    • Deepak

      Arun,
      You should communicate this to the HR Director in writing and let him take up the matters.
      Accusing in false case will prove costly for the company as the AUthorities here do not accept such behaviour.

  • Rami

    Dear Deepak
    I got an employee offer from a company and they have recently issues a pink employee visa for me but I have not yet finished my blood test yet , my contract is 2 years contract , in my job offer (signed by me) probationary period is mentioned as 6 months but it is said I have no right to leave the company within two year of tenure, unless with written notice (No Objection Letter) from the manager of the company.
    I got my pink visa 2 months ago ,Now I have decided to leave the company for a better offer (12K+ salary). considering I am under probationary period ,
    1. Do I need to submit the 30 days leave notice ?
    2. Am I liable to pay the penalty fee (45 days of my salary) ?
    3. can company ban me from work ?

  • Gen

    Hi sir,
    I am a nurse and I recently transferred to a new facility. They are now processing my license but it’s taking so long for me to get my new license resulting to the expiration of my visa. Now I have to exit and return back with visit visa. They also asked me to start working after I signed the offer letter but not the contract. There is still no contract signed.

    P.s. They told me to get a visit visa so that I can continue my work with them. The fees for the exit process and visit visa were all shouldered by me. They said it cannot be reimbursed.

    Can I still apply to another hospital?

    • Deepak

      Gen,
      If your labour approval is not yet applied, you could apply with other companies.
      Working on visit visa is illegal.

  • Angel

    Dear,
    I already gave my resignation to my boss for 1 month notice. but he refuse to accept my letter. I have worked for 8months without labour contract. He was not able to give the salary he offer for me. He just said wait until 3months. then after 3months still the same. I wait 6months then he refuse to give me the salary he offer. so after 8months. i am resigning because i need to look for a higher salary than can support me and my family. sir what is the best thing to do so i can leave my company because he just said i will be banned in uae if he cancel me.

    • Deepak

      Angel,
      You should first of all file a complaint with MOL.
      However, since you do not have labour contract, it is illegal to work.
      Do you have residence visa?? How are you staying with visa?

      • Angel

        Dear Sir,

        I already file the complaint because of working without contract. I only have employment visa and emirates ID. When I checked my record online I have Pre-approval work permit and it was already expired last march 22, 2015 and have penalty. As for now my employer accept my resignation and he wants me to withdraw my complaint. And I ask him that if he will cancel me i am not the one who will be charged for the penalty. my question for now is when can he cancel me? what is the procedure for cancellation? because I have the offer to work in freezone.
        Thankyou.

        • Deepak

          Angel,
          the employer should bear all the penalties!!

  • Syed

    Hi

    I am writing this behalf of my company.

    Company terminated one sales employee (unlimited contract) after n number of warnings who doesnt performing well and doing lots of mistakes or financial losses. When company given him a termination letter he booked a case against the company in MOL and company setteled everything as per law and now few days back company PRO given his passport at the Airport after the Boarding pass He did not cross the emigration and came back which we came to know when PRO went to collect exit paper from emigration found he has not left the country please let us knwo what action company can take because he is illegal in UAE now since 31/08/2015. please advice

    Thanks

    • Deepak

      Syed,
      You could file an absconding case against the employee.

  • Angel

    Dear,
    I already gave my resignation to my boss for 1 month notice. but he refuse to accept my letter. I have worked for 8months without labour contract. He was not able to give the salary he offer for me. He just said wait until 3months. then after 3months still the same. I wait 6months then he refuse to give me the salary he offer. so after 8months. i am resigning because i need to look for a higher salary than can support me and my family. sir what is the best thing to do so i can leave my company?

    • Deepak

      Angel,
      If you feel your rights are violated, you could file a complaint with MOL.

  • Jenelyn

    Good day…

    Sir I really need ur advice..
    I’m working in my company under labor which is under unlimited contract,my labor visa started last oct13,2013 nd will expire this 12 of this month of oct,I told them that I don’t want to renew when they ask me if I will,I just want to go back to my country…

    They want me to renew my contract,they said if I really don’t want,they will not allow me to leave as long as I can’t find someone who will take over my job..

    I’m finished with my 2 yrs contract,is it my responsibility to find someone who will take over my job before I can leave?

    I don’t want also sir to extend even for a week after this 12 of Oct which my visa will be finish already,is it OK if I will not work anymore after that day,nd I will wait only till the day of my flight?

    • Deepak

      Jenelyn,
      No, it’s not your responsibility at all.

  • Mohammad Omair

    Dear I am working in a bank on third partyI(agency) visa on an unlimited contracte & i am competing 9 month, i have resigned dated 01st October 2015 with 30 days notice period mentioning 30th oct 2015 my last working day on a physical paper & my TL & SM accepted the & signed & stamped but yesterday when they forwarded the same to head of department he is saying i’ll not accept the resignation & will terminate me, they have done same to other guys before as well. Sending the termination email to agency with whom i am having visa with & i have informed & sent an email to my agency as well regarding my resignation & notice.
    Plz suggest:-
    Can they still terminate me because i dont want termination, i want to properly serve notice & properly resign?
    What can i do?

    • Deepak

      Mohammad,
      That will be termed as arbitrary termination!!

  • ann

    Good day Sir/Ma’am!

    I just want to know if we all have the same 6 months probationary period? is it okay for me to resign, because i am still in the 5th month of probation, i want to go back in my country and i have a valid reason. is that okay? I just want to clarify these things…
    Thank you very much

    • Deepak

      Ann,
      usually during probation, companies do not allow leaves.

  • narry

    I already submitted my resignation notice to my employer via online (scan). because I was not able to meet him personally as he was based on the other emirates but my PRO is living together with me in the same accommodation. My employer accept my resignation. But they did not reply to my email. they just inform my PRO about. Do I need proof that I sent him my resignation just in case they insist that I don’t pass a notice. or should I get a return paper or anything? just to proof that i send my 1 month notice. thanks

    • Deepak

      Narry,
      you need to get official reply from employer on acceptance on resignation.

  • Kumar

    Dear Sir/Madam,

    I’m in limited contract (2yrs), started 30/06/2014 and I went on 30 days vacation in July and returned, working again from Sep onward. as per contract Total 4000.00 AED (Basic 2500+ Accommodation 1500). I paid monthly salary each months.
    my contract not mentioned any notice period.

    We made terms when I joined you July 2014. I demanded you for 6000.00 AED monthly salary and bonus in projects. As company situation was not in good position financially employer explained. We made deal, with basic monthly total salary 4000.00 AED, and 1000.00 AED bonus in each 5000.00 AED made on net profit over 35000.00 AED, which Involved. We both work together last 14 months with patients, I didn’t demand any bonus on small projects or jobs I done.
    But I waited, and last projects given very good profit, and credited to company account August end, I remind you from 2015 September, about my bonus. But now you saying, it’s not possible.

    So request him, for three options,
    1. You keep me in employment until expired, with paying last project bonus and for pay me future project as well as same terms.
    2. If you can’t continue give me bonus agreed terms, pay this remain bonus and release me from employment contract within two months.
    3. If you can’t give this remain bonus at all, please release me immediately from contract

    How you advice, I really want to leave if not worth. because I can make 10000.00 monthly and bonus in so many companies in UAE. even some investors request me for partnership to develop the business.

    Thank You
    Regards
    Elil

    • Deepak

      Kumar,
      The decision is up to you as it is confusing me.
      If it helps your career, take risks!

  • ons

    i am working in DMCC for less then one year . and i want to resign . as part my limited contract the notice period is 3 month . i am able to stay only one month . in this case what should i do ? is there any low about this situation ?
    thnx

    • Deepak

      Ons,
      Sorry, i have little knowledge about DMCC.

  • Josef

    Dear Mr. Deepak.

    I am employed under a unlimited contract and was employed last June 2014. I have seen a new job opportunity that gave me greater benefits. I have submitted a resignation letter 2 weeks ago with a notice period. After few weeks I received a reply from our HR department stating that they are omitting my resignation letter and for me to finish the contract a have signed with them before they can let me go. Kindly advise me what are my rights or is it my right to resign? What should I do in order for me to get our of my current company?

    Hope to hear from you at the soonest.

    Regards,
    Mac

    • Deepak

      Josef,
      Your employer can not stop you from resigning.
      You could file a complaint with MOL about this.

    • Josef

      Hi Deepak,

      I received a reply from my employer stating that they don’t accept my resignation. As I was breaching the contract and sudden omission from service they will give me an corresponding disciplinary action towards me. In addition I have called the MoL today and asked for an advise. Unfortunately and unexpected they told me that I will have 1 year ban as I signed a limited contract even my new company is a free zone company.

      Can you give me an advise what will be my next right step if any???

      Regards

      • Deepak

        Josef,
        IF you resign from limited contract, as MOL said, you will have 1 year ban.
        You can not even join free zone company i think so.

  • Arman

    Hi i hire one emplyee through some 1 refrence he told me that he is graduate from high school but when i give him visa and when he came for work so he doesnt know anything and he didnt even go to school and cant even write his name and now after 6 month he s telling me to increase my salary but he dont even have any thing that we can increase his salary so what can i do with him trough law plz any idea can some1 explain me what can i do if i want to cancel him so do i need to pay him anything? Or not

  • Sara

    Hi,
    I have joined a school on 1st september 2015. Still not signed the contract and got a better oppertunity in one nursery. I m living on husband visa. I have a masters degree and the new salary will b around 6k.
    Will there be any ban or restrictions on me for changing job before signing any contract.
    Thanks

    • Deepak

      Sara,
      If labour approval has not been applied, you will not have labour ban.
      Otherwise, yes.

  • Hameed

    Dear, Mr.Deepak :
    I am working in a concern for last 11 months completed from the date of joining with an unlimited contract now i got a job offer doubled the salary with a semingovt company and i mentioned all my detailed circumstances in the resignation letter attached the offer letter too but i still didnt receive any acknowledgement from the company as the days of 5 passed where my letter for 1month as a notification. What shall i do now please as my clock started ticking too short where the present company contract says as a Heavy bus driver with 8 hrs duty and excess time of working would be calculated as O.T. but in my condition the o.t what company paid is only two to three months after they changed the division and rest of the months till today i was paid for my basic + other allowance when i claim calling them for my o.t there is no proper response and in this case i could not stress myself to not become a patient so i started searchin a job and i got it now they started showing the other face of the role and more over my daily working hours was 13 to 14 hrs a day plz help me

    • Deepak

      Hameed,
      You have to ask your company about the resigntaion application.

      • fairee

        sir, I am working under unlimited contract under labour visa, I worked for almost a year. Most of us resigned because the company said that we are closing so better finf a new job, so in short iwas able to get one, I render my notice period of one month, and during my exit inerview, the hr said that they will hold my salary which i worked from aug. 15 to sept. 15 plus this october for my one month notice period. they said that it was there procedure but it was not written to the hr handbook that they gave. Is it legal to hold the salary which i worked for before i gave my resignation? i can understand if they hold the salary which i work for during notice period but to hold the salary that i work before i resigned, i believe is not right. pls help.

        • Deepak

          Fairee,
          Usually the final salary is credited along with the final settlement.

  • CLARITY

    Dear Deepak,

    I’m currently working on a LIMITED CONTRACT for 1 year now. I’m going to resign the company this October.

    1. Do we need to pay the company for terminating the contract?
    2. during our render period are we paid?
    3. Are we applicable to get gratuity pay even serving for 1 year?
    4. If I resign and did not render exact date but management approved is it applicable if both parties agree?

    • Deepak

      Clarity,
      1. No.
      2. Yes.
      3. Yes.
      4. yes.

  • Tonying

    Hello mr deepak

    I woul like to ask something about notice period 1st of all im unlimited i served 2 yrs ang 8 months but i render my notice 1 month but my question is theres a posible for the company to stop for 15 days which is i have still 15 days left and theyre reason is the company is no longer needed my service and they will not pay my 15 days left and for my side im free to go right after 15 days from my 1 month notice or they should give an approval or something to proof that they are the who stop me to finish my 1 month notice which is entitled for me to finish it what shall i do mr deepak???

  • Igor

    Dear Deepak,
    I’m currently employed by a company and just finished 4 months of duty. As per contract the probation period is 6 moths.
    Due to some circumstances I want to resign and apply for another job in UAE.
    I’m holding two passports of different countries. One passport contains a UAE visa, another is clean.
    It is not clear in the labor law if I get a ban on one passport, can I still get employed using other passport.
    will the ban still apply to me if I exit UAE with one passport and return using another passport?

    • Deepak

      Igor,
      If you are banned on one passport, then you may not be able to apply with other passport.
      Labour ban is not on passports, but on the person.
      Your identity will be known through emirates id.

  • Vishnu Raj

    Hi Mr. Deepak,
    I am an accountant & my contract is unlimited and have completed 4 years in present company. One month before labour card expiry, I have already requested employer in writing not to renew my labour card & visa and employer also agreed… One month notice period already completed but employer still not releasing me and delaying without reason.. Visa already expired on 20-09-2015. Kindly advise me what to do.

    • Deepak

      Vishnu,
      You could file a complaint with MOL.

  • Anonymous

    Hello,

    Incase I sign a offer letter from a company and leave for home to wait for employment visa. In the meantime if I get a better offer or if I decide not to work in UAE, do I still face a ban or can I pay up for the visa expense and move on since I haven’t joined and labour contract isn’t signed yet.

    Thanks

    • Deepak

      is the new offer in UAE?
      If yes, you will face ban in case your labour approval was processed.
      You need to inform the employer of your situation that you are not interested to join for them to cancel the process.

  • aisah

    im working in a clinic for 8 months now and i want to cancel it to transfer for the new clinic. Aside from 1 month notice period what else my responsibility and liability to my old company? how to lift the ban i have since it is less than a year?

    Thank you

  • Maria

    Dear Mr. Deepak,

    I find your post and answers very helpful, yet I still need to clarify my own situation. Please help me straighten out this issue. Here are some facts:

    * I am currently in my first job here in UAE
    * I have Unlimited Contract in a Dubai Visa (the one that is not freezone)
    * I have started to work for the company on MARCH 15, and it is stated as well in my contract (which is technically the offer letter)
    * My Residence visa is issued on MAY 26 (I have worked for the company for more than 2 months under Visit Visa)
    * I have 6-month probation period
    * Termination of employment from either party under probation requires only 1 week notice, and it is stated as well in my contract (which is technically the offer letter)
    * Two month notice must be given should the employee decide to terminate employment after completing the probationary period
    * I am planning to resign before my probation period ends

    My questions are:
    1. When is the official start of my probation? MARCH 15 or MAY 26?
    2. If I am able to resign under the probation period, do I still need to pay anything to my employer? (e.g. Visa fees or 1 full month pay as stated in Labor Law)
    3. If I am not able to resign under the probation period, which notice period should I follow, the one in the labor law (30 days) or the one in the contract (offer letter) which is 2 months?

    Thank you very much, and I hope to hear from you soon.

    • Deepak

      Maria,
      1. The day you started working officially and not on visit visa!.
      2. No, unless it is mentioned in your contract.
      3. As per the contract, under probation, you will serve 7 days as mentioned by you.

  • ARKIM

    Hi Mr. Deepak,

    I am working for 3 months in a cleaning company in Dubai as a reception clerk. Now, I want to resign because they’re making me do outdoor marketing. They only told me about marketing when I am already working for them. They’re also deducting 200 as visa retention and said that they will give it back to me as soon as I resign. They are also holding my passport and dont want to give it back to me.

    Also, before they hire me, they took 1000 dirhams to me and saying this will be the processing fee of the agency for my visa because a diploma and TOR is needed before the visa can be processed. But I talked to someone and he said that diploma and TOR are not needed for reception clerk.

    I also confirmed today that I am working under Unlimited agreement. Because before, I was asking them to let me see my labor contract but they didn’t allow me. It says here that the basic is 1000, accommodation is 1000 and transportation is 500.

    Here are my questions:
    1. If I resign, do I need to pay the company? How much?
    2. Are diploma and TOR needed to apply as reception clerk?
    3. I finished bachelor’s degree, how can I lift a ban?

    I am hoping for your response ASAP as I am planning to resign on 1st of October.
    Thank you spo much and more power!!!

    • Deepak

      Arkim,
      1. No, you do not have to pay unless it is limited contract.
      2. I don’t think so.
      3. Need 12K salary as per current laws. However, in the new labour laws issued on 27th September 2015 by MOL, graduates will not face ban issues. But these rules are effective January 2016.

      • princess semana

        hi sir can i ask if you already inform the to leave in company beacuse of the salary is not coming every month and they are asking for resignation letter is it needed for cancellation sir?
        thank you.

  • B

    Hello Mr. Deepack,

    I currently employed under a 2 yrs LIMITED term contract, already served for 1 yr 10 months, and planning to leave right by the end of the contract period.

    ***should i give the employer a notice about not renewing my contract? (i prefer not to, if not mandatory by the law)

    on my paid leaves balance i have around 10 unused days.

    *** is it possible to use these days in the last month of the contract (whether i give a notice or not) (of course this pends on the approval of the employer) ?
    i.e. does the law state any information about this matter?

  • Alpha

    Hi Mr. Deepak,

    1 year ban are imposed at the request of an employer, right?

    Isn’t immigration ban only for those with criminal offense? I do not have any criminal offense so I don’t think I’ll be having that. Can my husband apply for my spouse with given that I’ll be having MOL ban for 6 months?

    Thank you

    • Deepak

      Alpha,
      Yes.
      Not necessarily.If you have MOL 6 month labour ban, your husband can apply for your residence visa.

  • Narayan

    Dear deepak,
    When I have email confirming company will not provide over time. Can I use this to resign this job under limited contract, which was not ended one year. Can I submit at the court.

    Also they forcefully hold the passport can I use it against the company at courts.
    Thanks narayan

    • Deepak

      Narayan,
      Overtime is the right of employees as per UAE labour Law.
      Passports can not be held by companies.

  • naijith

    Hello deepak. I am working in abudhabi for the last one year and 5 months. I am having an unlimited contract. Now i got an offer from a free zone. Now i am advised to resign as soon as possible. But my company refused to accept my resignation. So i contacted mol and they told me to send the resign through fax. And i do so. Is there any chance of getting cancel. Thanks in advance.

    • Deepak

      Naijith,
      You should be in touch with MOL.

  • Yogesh Jadhav

    Sir I have given resign after 7 months and they were askingme and I have informed them it is not leagl.noe they are asking me that sign on cancellation then we will give u settlement plz tell me what I have to do

    • Deepak

      Yogesh,
      Your situation is not clear to me.

  • MEL

    Hi Mr Deepak,
    I ‘am employed under a immigration visa. As per my contract it says that 2 years (24 months)my last day of work will be on 22nd October 2015 and my boss doesn’t want to accept my resignation as what they want me to give a 2 months notice and i obey i gave after that i also gave a 1 month notice but still they dont want to accept it. And as per my visa it will expire on 06.11.2016. So My question is, should I resign after the date mentioned on the contract or after the date mentioned on my visa and also they are telling me that im the one who should pay for my air ticket going back to my home country.
    Appreciate your quick response and action.

    • Deepak

      Mel,
      Your visa validity will decide your notice period as this is immigration level approval.
      No, you are not eligible for return ticket from company if you resign. However, you should be paid the normal airticket that you are eligible.

      • mel

        Dear Deepak,

        my company now is telling me that they cannot release me on my last day and forcing me to extend until january 2016. can i go to the labour for my rights?

        Appreciate your quick response and action.

        thank you very much.

        • Deepak

          Mel,
          Yes you can go to MOL.

  • Alpha

    I am having a limited contract. I have been with the company for 10 months. I have resigned with immediate effectivity. They have sent a confirmation that I need not to pay 45 days salary penalty. Can they hold my

    Also, how much ban am I going get? How can it be lifted. Please note after cancellation of current visa my husband will be processing my docs for spouse visa. Can I still work in uae?

    Thanks

    • Deepak

      Alpha,
      You may receive 1 year ban.
      No, since you will have MOL level ban, you may not be able to work or get labour approval. If it is immigration level ban, you will not be able to get UAE Residence visa.

  • RJ

    Dear Mr. Deepak,

    I am having a problem with my employer/company.
    I am a bachelor’s degree graduate with attestation but on my visa they put on my designation
    as ” loading and unloading worker “.
    I am still new with my job under a LIMITED Contract, I’ve been working for almost 7 months in a Cargo Company.
    I got my first job here in Dubai, they give me a basic salary of 1500+350 accommodation.
    They promise me to raise my salary after 3 months then they will give me a permanent position
    and on my contract i will work 8 hrs a day. But what is happening to me right now is very disappointing,
    none of their promises fulfilled until now.They are giving me lot of works like encoding or processing
    all shipments until i finish everything, My duty starts 1pm in the afternoon and i will work
    up-to 11 o’clock or 12 o’clock at night up-to i finish everything, i can’t refuse to finish all the works
    cause it will be a big problem on the company if i don’t make all the manifest and send all the shipments.
    Everyday i’m doing this i will work for 11-12 hours a day and they are not paying for my overtime also. Please help me. Please answer my questions..

    1.If I resign from my current job will there be a labour ban on me?

    2.If i won’t follow them or make complains on to them? if they will terminate me do i get ban?

    3.Can I apply for another Job?

    4.What is best thing i can do?

    5.Do i have the right to resign?

    Thank You!

    • Deepak

      Rj,
      1. Yes, under limited contract, you could face up to a year ban.
      2. Yes, they could terminate you. Read: http://emiratesdiary.com/uae-labour-law-2/limited-contract
      3. WIth labour ban, you may not be able to get another approval.
      4. You will need to complete your contract.
      5. Yes, you can resign. But will face ban.

      • RJ

        Mr. Deepak,

        Instead of 8hrs written on my contract duty only, my employer want’s me to do all the jobs up to 11hrs to 12hrs everyday. without paying my overtime.

        Even my employer is not following what is written on my contract?
        I don’t have the right to complain or leave on this company? and if I do that, i will be facing a ban?
        Is that what you mean Mr. Deepak?

        Thank you for time Mr. Deepak, i really need your help, i don’t really want my company anymore they are abusing me. I want to resign and get another job. I don’t know what to do. Please help Mr. Deepak.

        • Deepak

          RJ,
          you have all the rights to complain if you feel that your rights are being violated.
          If you resign without completing your contract, you may face labour ban.

  • Anthony

    Dear Deepak,

    I have been working in my current employer for 1 year now. I have a unlimited visa. I have found a new company which is Free zone. My current employer wants me to serve 3 months. There is no policy of notice period on my LABOUR CONTRACT, the problem is there is this rule in the EMPLOYMENT CONTRACT. How do you interpret this
    “After the successful completion of your probationary period you may terminate by providing at least three months’ notice in writing to the company. The Company shall provide you with not less than one month notice to terminate”.

    Will I face a ban if I leave on the last day of my notice period? My free zone employer require the copy of cancellation from labour in which will not be possible since my current employer want me to stay for 3 months instead of 1 month.

    thank you,

    • Deepak

      Anthony,
      I think it is clear that you must serve the 3 month notice period as in the employment contract.

  • Shijoy

    Dear Mr. Deepak,

    Good morning!

    I have a problem,
    since 20July 2015 I started working in the company as Marketing specialist at Dubai with unlimited employment contract with 6 months probation period but I am not at all comfortable to work here so I informed to my boss that i want go back please cancel and give back my passport,
    Then he is asking me 10000 AED to give back my passport with cancelation, I am on my probation period and completed 2 months only still 4 months remaining …

    I don’t Know What to do
    please help me
    thank you
    Shijoy

    • Deepak

      Shijoy,
      You do not have to pay anythig to the company if it is not written in the contract.
      You could file a complaint with MOL for this.

      • AJ

        hi, this is my first time in dubai i signed a contract for three years and i’m already three months working in the company which is under 6months probation, I am not happy with my company because it’s not my field of work and i’m a bachelor degree holder. I would like to resign this october or november, do I nedd to pay any visa expenses or other penalty. I’m planning to go back home to my home country.

  • karlo

    Hi Deepak,

    Right now im working here in UAE for 1 month already. I signed 2 years contract. Now, i want to resign but my employer is asking me 4000 dirhams and i will be having 1 year ban and they are telling me i cannot enter UAE for 1 year. Is that true? Im not satisfied with my work right now. Im planning to look for another job. Can you please explain to me if its true that i cannot enter UAE for 1 year if i resign without completing my contract? Thank you!

    • Deepak

      Karlo,
      If it is limited contract, yes, you will face 1 year ban and also must pay 45 day salary to your company.

      • yram

        What if im on husband visa?

        • Deepak

          Yram,
          Labor ban is applicable, even if you are on husband visa.

  • Mac

    Hi Deepak,

    i have already tendered my 30 days notice period to my previous company under Unlimited Contract. however my employer still holding me and telling me that I’ve not properly handed over all my responsibilities to the company (knowing he hired already someone for my replacement). i have filed already my complain to MOL (already a week now) and i was advised not to do anything, i should wait util MOL calls. despite all of these my employer still saying that that my departure from the company still not as per the UAE Labor law. I am wondering does my employer still have right to hold me/my cancellation even I’m done with the said notice period?

    Please may i have your reliable advise.

    Thanks,
    Mac

    • Deepak

      Mac,
      I am not sure why your employer is doing this!

      • Mac

        Hi Deepak,

        Thanks for your prompt reply, appreciate that.

        Myself as well don’t understand why he’s doing that, thats why i came up to you to ask this, though MOL advised me the same about my rights in this concern.

        Thanks,
        Mac

  • Mac

    Hi Deepak,

    i have already tendered my 30 days notice period to my previous company under Unlimited Contract. however my employer still holding me and telling me that I’ve not properly handed over all my responsibilities to the company (knowing he hired already someone for my replacement). i have filed already my complain to MOL (already a week now), despite all of these my employer still saying that that my departure from the company still not as per the UAE Labor law and i was advise not to do anything. I am wondering does my employer still have right to hold me/my cancellation even I’m done with the said notice period?

    Please may i have your reliable advise.

    Thanks,
    Mac

  • karlo

    Hii. Im currently working here in UAE for one month. My employer said if i will resign i will get one year ban here in UAE and i am not allowed to enter here for one year. How true is that? Please i need answer. Im not satisfied with my work right now and im planning to resign and look for another work. Thank you!

  • Ann

    Hi good afternoon.

    I am under unlimited contract working in a private company. 1 year and 8 months to be exact. I accepted a job offer from a new company which is free zone. I submitted my resignation to my boss with 1 month/30 days notice but he is not allowing me to resign or they are asking me to extend. But my new company is only willing to wait for me after my 30 days notice period. Do they have the right to refuse my resignation even i followed the mandatory 30 days notice as per the labour law? I did not sign any documents regarding this. I have no job offer when i started. I only signed the labour contract but there is no information regarding resignation. I really want to leave and move to the new company. What should i do? Please help. Thanks.

    • Deepak

      Ann,
      COmpany has no right to stop employees from resigning.
      There is nothing specific written in labor law.

      • Mizchelle

        can I tender my 24 hour resignation? is that possible in the UAE law?do they have rights to stop me or extend me on these?

  • Renka

    Hi Mr Deepak, im seeking for an answer.
    I am employed under a labour contract of limited. My plan is to finish my contract and not to be renewed. As per my contract it says that “The duration of this agreement shall be LIMITED as from 15/12/2013 to 14/12/2015. And as per my visa it will expire on 08.02.2016. So My question is, should I resign after the date mentioned on the contract or after the date mentioned on my visa. As I don’t want to have any ban.
    Appreciate your quick response and action.

    • Deepak

      Renka,
      Dates as per contract will be considered.

  • June

    Do I need to ask my boss to sign the notice in case that he denies he received that notice.

    • Deepak

      June,
      Better to get official email or letter.

  • Ramona

    Good evening,

    I was terminated with immediate effect during my probation period. I asked for my salary breakdown from 1st of the month until today(16 September) and they are telling me that the salary will be calculate depending on how many days the month have(30/31) not by how many working days have one month (22).
    Example: a salary of 10k /30 days=333.33 aed/day
    10k/22 working days per month=454 aed/day
    Please let me know which one is the legal calculation for the salary?

    Thank you!

  • Jobelle

    Hello goodeve. .
    I have problem now,
    I started working in this company this Nov 30 2015. They give visa January 25 2015 and my contract is unlimited.

    I decided now not to go to work .
    Since I work there this is my first absent.
    I tell to my manager I wanna go back to Philippines.
    Now he is telling me he will put case to me .
    He will put case ( AWOL) to me and send me to Police.
    Or else he told me I have to pay him 5000 for the visa expenses.

    Do I really have to pay 5000 ? And do I really having AWOL case?

    I need answers please .

    Thanks

    • Deepak

      Jobelle,
      You do not have to pay any visa expenses. If he is blackmailing you, you could file a complaint with MOL and Police.

  • Fernandes

    Hey deepak

    I have joined this particular company on June 2015. I exited on my visa on 13th july and returned on the 28th of july on the companies employment visa. Its been 2 months since i have been working here on the companies visa and I have not recieved any contract. I am not satisfied with my job and I am planning to quit provided i get a job elsewhere (mostly in the freezone).

    There are 4 things i want to know

    1) By reading online I learnt that If i get a job with salary more then 5000 or if i get a job in the free zone my ban is automaticaly lifted. (Correct me if i am wrong here)

    2) Secondly if i dont get a job and i still plan to quit. I know i’l get the ban but just wanted to know till when will i have to exit the country?

    3)My company has kept my passport with them. I know its illegal but what can i do for that?

    4) I have heard from my previous employees that they have signed contracts mentioning that if i leave the job before the contract expires, i will have to pay some fine.Please note i have not signed any contract yet. But just want to know that if incase they do ask me to Can i refuse?

    My visa is not stamped on my passport yet but i guess it will happen in this month.

    Waiting for your reply.
    Deepak.

    Thanks in advance

    • Deepak

      Fernandes,
      1. Yes, but not in all the cases. Jafza does consider whether you have a labour ban!!
      2. You have up to 30 days after cancellation to exit the country.
      3. You should request it back.
      4. How did your visa get processed if you have not signed any offer letter or contract??

  • sadiq ali

    my 2 year visa is finish after one month , i need resignation , can tell me about leave salory? (homany months available the leave salory)

  • BABU joshua

    Dear mr.Dheepak…
    Can I stay one more month in my current employer provided accomodation after completing my notice period.???

    • Deepak

      Babu,
      depends on the company policy.

  • BABU joshua

    Dear Dheepak…
    I have been working since 1.5 years in UAE under unlimited contract.I got a new job offer. My future employer wants my present visa cancellation copy. If I resign my current job…can I get my visa cancellation copy soon?….or will my current employer provide me after the one month notice period?….
    Please reply me

    • Deepak

      Babu,
      That depends on how soon the company will cancel your visa!
      Yes, visa is usually cancelled after the notice period.

  • Farooq says

    hi.Deepak sir …sir mera free zone visa unlimited hai mein 2015 may 13 ko uae me enter kiya ab muje yanha aaye howa 4 mahine ho gaye hai kya mien resign de k ja sakta houn.aur muje company ko kuch paise paide karna padega kya….sorry sir muje english nai aati hai issliye hindi me likha houn ..Please help me sir

    • Deepak

      Farooq,
      You will face labour ban.

  • ayesha

    HI,

    this is my first job in UAE, i started in April 2015 and intend to resign in october 2015 , .i.e after completing six months whereas my probation period was of 03 months which i have completed. My Contract says that my appointment is on purely temporary basis. which can be terminated by rendering one month notice or by payment of one month salary in lieu thereof by either side.

    so can i resign without facing a ban if I give one month notice or I pay one month salary?

  • narayanbharati

    Hi it’s me nayan I have 2 years contract and I am going to Chang my company within 10 month is it possible

    • Deepak

      Narayan,
      Yes possible but you may face labour ban.

  • Maruja

    Hi I’m working as limited contract. I’m only 1month and a half if ever I want to resign my present company,is the labour still allowed me find another job?

  • Jannidel

    Good Day!!

    I resigned in my company and noticed period already finished but my visa not yet cancelled. I’m in a limited contract and I finished 4 months in the company (still on probation period), What should I do because 7 days already my noticed period finished and I already finished my clearance too, but the manager still not cancelling my Dubai visa.

    • Deepak

      Jannidel,
      You should follow up with the company.

  • Qumail

    Hi Sir,
    i finished my one year work ,my contract is for two years. my manager and hr said me that they lost all the contracts now they want to terminate many employers i am one of them .can i found any other job as they said they will provide NOC. can i get graduaity and compensation from company

    • Deepak

      Qumail,
      Yes, you could search for other jobs.
      NOC may help.

  • Helina

    Hi Deepak,

    Im currently working for a company and I would be leaving the company for another Job.I joined in feb 2015 and I will be leaving them in Oct 2015.

    Do I have to pay my company any visa fees to my company.

    and how many days notice do I hve to give?

    I am on a Unlimited contract.

    • Deepak

      Helina,
      You do not hav eto pay anything to the company.
      Notice is as per contract.

      • sophia

        Hi,

        I’ve been working for almost 1 yr and 3 months and decided to resign. do I need to pay the visa expenses of company? do you know any article in the labor law regarding this matter? Appreciate your help. Thanks.

        • Deepak

          Sophia,
          No, you don’t need to pay!

  • Rein

    Hi Sir,

    Greetings!

    Needed your advice, I have finished 3 and half years from my company under labor visa unlimited contract. I did resign already and finished the 1 month resignation notice period. I have requested to cancel my visa, but my employer keeps delaying the cancellation for no reason.

    No liability is left from my side as I handover everything.

    My boss personally doesn’t like me, I guess he intentionally trying to keeps my cancellation delay, for me to be mess up.

    Please advice what should I do.

    Thanks a lot!!

    • Deepak

      Rein,
      You could approach MOL and file a complaint about the delays.

  • M Zaza

    Hi Deepak

    Can you please tell me if I can hire a house maid who’s work permit is due to expire after one a month as she has just finished dispute from her former employer? What are the laws regarding this? Also can I hire a maid who’s visa her on her husband’s visa as a house wife ?

    I appreciate some advice on this.

    Kind regards
    M Zaza

    • Deepak

      Zaza,
      You should apply for a new visa for the maid prior to hiring her.

  • Angel

    I am working as a Public Relation clerk in a small business. Regarding my status I am working for more than 7 months in our company, but still I have no contract. I wanted to resign in my company. Can I make a notice for 1 week?

  • Good

    Sir Good Day to you!!!, I just want to ask regarding the status of my husband, his previous employer is going to cancel him but he don’t have residence visa or emirates ID yet, he’s been working their for almost 7 mos. now, he did not even sign any contract he just signed before an offer letter. His Boss promise him that he will not have a ban, is it possible? and what are we going to do?

    • Deepak

      Can’t say anything about this!
      Without visa, how is he staying in UAE?

  • Fahad

    Dear Mr. Deepak,

    Thanks for helping us in all situations.

    I have a question, i am working in a small company based in Industrial Area 10, Sharjah.
    First of all, i want to know is it limited contract or unlimited, how can i know??

    On the other side, i want to know that i just join the company in start of May 2015 but due to small company and no work of my kind, i want to resign and it is September 2015. Should i need to pay any thing to my employer regarding visa expense or any thing else like that?? in limited and unlimited contract-both cases.

    Please help me in this situation.

    God Bless you..

    • Deepak

      Fahad,
      You do not have to pay anything to the company.
      But you may face labour ban.

  • Tahir

    Dear Sir,

    I am working in a Trading compnay here in Sharjah from Ocrt., 2013 but i get my employment visa in Jan, 2014. I have a unlimited labout contract. Now get a better opportunity in Sharjah. I want to resign my job. Is it possible to resign my job before complete my 2 years?
    I read on net that if I have unlimited labour contract i will resign my job after completion of my one year to submit one month notice.
    Please guide me..

  • Kashif abbas

    Hi
    Its my first time in uae
    I am working for bank,its been 4 months under six months probation period and manager is forcing me to resign on daily basis and now he is threatning that i will be terminated.
    Its a two year contract
    To whom should i contact as i am not willing to resign
    What are my rights

    • Deepak

      Kashif,
      What is the reason he is insisting you resign??
      Do you agree to that? You could talk to your HR first and then if not solved with MOL.

  • Fernandes

    Dear,
    I`ve been working in a hotel since 03/Aug/2014. My contract is for 2 years and i resign after one year (20/aug/2015).

    The first question is: They are charging half of all my expenses with them (Visa/Ticket/Medicals), I need to pay for all?

    Second: After give the notice period can I stop work before the 30 days and pay the company for the remaining days?

    Many thanks

    • Deepak

      Fernandes,
      1. That is illegal to charge visa fees to employees.
      2. No, you have to serve the notice period on duty.

    • Deepak

      Fernandes,
      You need not pay any expenses to company.
      You could stay, but it is up to the company to request you to exit immediately after cancellation.

  • prajwal

    Dear Sir
    I am working in a hotel i have a limited contract for 3 years i started in oct 2013 and gave resignation in august 2015 all i want to know whether there is ban applicable reimbursement expenses have to paid ? kindly suggest
    thanks

    • Deepak

      Prajwal,
      You do not need to pay anything to employer upon resignation.

  • Ali

    Sir, I have a another doubt also if i worked 30days instead of 45 days notice period , i need to pay 15 days salary on this case , Please let me know sir.

    Advance Thanks For your reply,

  • Ali

    This is my first job in dubai, im working 8monyhs already. Stated in my contract im under 6 mos probationary.And I wanted to resign with my company. I signed a 2yrs contract with them. If ever i resign am i liable to pay to the company regarding my visa or any other expenses they acquired for me and will i need to work 45 notice period ? If i am not work with notice period shall i liable to pay 45 days salary

    • Deepak

      Ali,
      If it is limited contract, you must compensate 45 day salary to employer.

  • Anzar

    Hi.
    This is my first job in dubai, im working 6mos already. Stated in my contract im under 6 mos probationary.And I wanted to resign with my company. I signed a 2yrs contract with them. If ever i resign am i liable to pay to the company regarding my visa or any other expenses they acquired for me?

    • Deepak

      Anzar,
      You don’t have to pay anything to the employer.

  • Mohammed

    My friend got terminated from his company, just he worked for 5 months 20 days, his visa is unlimited, will he get 5 months 20 days annual leave settlement ?? kindly reply

    • Deepak

      Mohammed,
      Yes, he is supposed to get that pro rated.

  • Prakash

    Hi Mr.Deepak this is prakash from Dubai.I have on problem that before six months I joined a hotel organization & now I wanna to leave but the company is charging me 2000 AED for breaking contract & my contract is unlimited.
    So,I just wanna to know where should I complaints on that organization about that matter.Means is there any UAE office for particular this type of cases.
    Plz.if possible send me rply bcs I don’t HV more time I already resigned.
    Plz rply to my email – [email protected]

    • Deepak

      Prakash,
      If you have labour contract, you should approach MOL.
      For rest of the cases, you could visit immigration.

  • Cherry

    I tendered my resignation to my previous employer because I received a job offer to the new company and informing to finish my one month notice period. Now, as I am waiting my new visa, after submitting all the required documents for visa processing- the new company doesn’t want me to give me the job anymore. Can I file a complaint case to MOL? I have to exit the country soon and buy my own visit visa because of them.

    Thanks.

    • Deepak

      Cherry,
      I am not sure about this!!
      As of now, you do not have any recourse.
      You could file a complaint with MOL!

  • janak

    which article of uae labour law allow 15 days notice period for Resign?

  • Mohammed

    Hi,
    I am working in private company , I have completed 2 year in UNLIMITED visa, i renewed contract 2 month before , if i resign now any amount to be payed to company or any action is there.

    • Deepak

      Mohammed,
      You do not have to pay anything to company!

  • Eiroj

    Hi.
    Im under 6mos probationary right now and im on my 4th month already. Im planning to resign.. i just want to ask, am i liable to pay anything to my company if i resign.? I already signed 2yrs contract with them.

    • Emiliano francov

      Same problem here.

  • Eiroj

    Hi.
    This is my first job in dubai, im working 4mos already. Stated in my contract im under 6 mos probationary.And I wanted to resign with my company. I signed a 2yrs contract with them. If ever i resign am i liable to pay to the company regarding my visa or any other expenses they acquired for me?

  • Hassan

    Dear Sir,

    I worked with a company in Dubai for 4years. After getting a good opportunity in G4S company in Abu Dhabi, I resigned from my old company. My last working day was 12 June 2015. Accordingly, my visa from the old company was cancelled on 13 June 2015 and I have submitted all the required documents for visa processing to my new company. It is to be noted that as per the visa cancellation document, I could stay in the UAE till July 13. I understand that it usually takes two days for processing the visa. My new company I submitted my final documents needed for my visa process since 4 July but I am still waiting for my visa in UAE. I have not received any response from the new company. Currently I am overstaying in the UAE and have no clue what to do in these circumstances. I have 1 month 10 days over say already. What can I do and how much will be my fine?

    • Deepak

      Hassan,
      The fines are 25 dirhams per day.
      It is better to exit the country if you do not have visa.
      Do you have labour approval?

  • Ross

    Hi i have an unlimited contract and I’ve been working in the company for over a year.My boss has different companies in the UAE and ive been working in one of our companies in Dubai and my visa is in Dubai as well.Now my boss asked me that starting next week i should be working in one of our companies in Sharjah. So my question is do i have the right to say no? and do they have the right to terminate me if i say no?

    • Deepak

      Ross,
      yes, you have all the right to say NO as long as you have not agreed to it or signed in your contract.

  • mohammed sadiq

    hi
    1. i worked in a company for 14 months and i resigned and going to another company,
    i have family with me, how can i hold there visa?
    2. while in notice period in present company, how many hours i have to work.
    it should be full 8 hours or there is any law that i can work less hours during notice period.
    kindly advise , thanks

    • Deepak

      Mohammed,
      1. I am not sure that facility is still available to hold the visa. You should check directly with immigration.
      2. Hours of work do not change during notice period.

  • gere

    Hi Sir, I just want to know how much does a person need to pay to the company for the initial labor approval cancellation in case he doesn’t want to accept the job but already signed the offer letter. No employment (pink visa ) yet. Thank you.

    • Deepak

      Gere,
      Sorry for the delay in replying. I was out of station for couple weeks.
      You do not have to pay anything to the company.

  • Mahaveer

    Hi
    I am working in construction company from last 3 year in UAE. Due to salery issue I giving resignation from my position with one month notice period as per employeement offer later.
    As I continue follow with my manager after that in ending moment he asking you have to extend more 15 days, since he don’t have replacements.
    But I don’t won’t to extend my notice period.
    Since I have some commitments with other employer.
    Pls advise

    • Deepak

      Mahaveer,
      Employer can only request. It is up to you to accept it or not.

  • Bibin

    I am working for a trading company as sales representative and not satisfied with my job, want to quit.

    I am a post graduate, i heard that there will not be a ban if i quit my job before 6 months. is that true will i get a ban.

    started working in this company on may 2015.
    Qualification BE-MBA

    I don’t know on what qualification they have issued my current visa.

    any way I have to quit my job and if i come across a ban how to lift it.

    please reply.

  • Anna Ghayle

    I am currently working in unlimited contract, I have 2 positions in our company. My boss didn’t give me increase, he canceled the P.R.O before, and he promoted me. I have been working for more than 5 months now as a P.R.O, but I’ve been working since January 2014. I want to resign now, what are the possible problem I can encounter? What if he didn’t accept my resignation letter? What should I do? I really don’t want to work here anymore. Pls, help me. Thanksss

    • Deepak

      Anna,
      You may face labour ban.

  • james

    Hi, my employer serve me my termination letter on the grounds of misconduct and insubordination it was also stated there that i need to make a 30 days notice period before it will take effect. Do i really need to complete the notice period or should i just consider it as optional? Thanks in advance.

    • Deepak

      James,
      Notice period is mandatory!

  • mel

    I have resigned from my current job. I never signed a contract. I said to my boss I would do a 6 week notice period to be polite however my new manager has asked I start on the 1st of sept. This means only doing a 30 day notice. I have advised my current manager of this and he has said I have to do 6 weeks because I said so in an email.

    I have never actually signed a contract. I don’t want to loose my new job. Please help

    • Deepak

      Mel,
      Why did you have to overstep on your current notice period and mention 6 weeks.
      Now they have a proof that you have agreed and may create some confusion.
      It is better to request the reversal of 6 week period.

  • Uday

    My labour contract has expaired 03/08/2015.I don’t wish to renew with the company.I didn’t sent resignation till..how I approach to or any problem if im aplying new job..because I have an offer right now.

    • Deepak

      Uday,
      You will need to check with your company on this as they may have policies on notice period etc.

  • Asan Ali

    can Employee before 1year encash leave on resignation, termination.

    • Deepak

      Asan,
      Depends on what the company policy is!

  • Javed

    Hi. I am working under unlimited contract in Dubai. I have completed one and a half year and now I have got a better opportunity with more salary & prospects. I want to resign. But I want to know

    1. can i shift without a ban. (The new company is not under free zone & the salary is not meeting the required standards)

    2. Also, I will be serving one month notice but then do I have to exit after my employement visa cancellation? is it compulsory ? Can I not join from the very next day of my last day in current company.

    3. If the current company is going to cancel my visa. Will it be cancelled easily and in how many days. I have etisalat mobile bill outstanding from past three months. Will it affect my cancellation procedure. Please let me know. Thanks in advance.

    • Deepak

      Javed,
      1. Read: Avoid labour ban.
      2. That depends on your company whether they allow you to stay after the visa cancellation.
      3. I can not speak for your company. You need to ask them directly.

  • Aakinchan Jain

    My labour contract has expired on 20th july and my visa will expire on 8th august. i dont want to renew it. so can i say company not to renew directly what will be the notice period i need to give.

    • Deepak

      Aakinchan,
      Have you rendered notice period?
      If not, you should render.

  • Martin

    Hi I have been terminated due to accommodation policy , I was terminated immediately but and advised there will be no ban, I worked for 8 years in this company and still have my flight allowance and vacation due. Will the company pay me for that as per the UAE labour law.

    • Deepak

      Martin,
      Since there has been a violation of rules and if the company has terminated you on Article 120 of UAE Labour Law, you may not get the benefits.
      You need to check with your HR.

  • Hassan Ahmed

    I need ur advice, i have got a job of a sales person at a shop. i have an unlimited contract with mi company which ends next month september 27th. but the person giving me this job needs me before 15th september.. and my contract will be left with two weeks…
    so how can i change the job..

    thankx

    • Deepak

      Hassan,
      I am confused with your query.

  • thanse

    Hi sir
    i m working a aluminium company .my visa on unlimited contract. visa finish on January 2016 i don’t need renew this visa bcoz my employer told if u go after 2 yr he want visa expense .last week one employee send resign paper bt the employer said u can go ur home country i dont give u even 1 fills

    • Deepak

      Thanse,
      That is illegal. Employers can not ask for visa expenses.
      You could file a complaint with MOL against this.

  • vincent chumban tantoh

    Sir,

    My contract will expire this 8-8-2015 and i got an offer better than my present offer. I send a resignation letter, should i wait for the month notice period from the day i send the resignation or i can just stop working at the end of my visa expiration?

  • ELSA GUMACAL

    Dear Mr. Deepak,
    Hello Sir, I just want to ask advice . I am working under “LIMITED Contract” for 10 months working. I was promoted 2 times and never had any bad report or warning letter.
    Suddenly June 29,2015 , my Company stop me from work also told me to find job within 1 month.

    after 2 weeks I found job . I went to my previous company to ask for my termination letter and to process my cancellation. But my company told me Sign the warning letter that they make and they will give the termination letter. But I didnt Sign Because all bad issue she write about me were all lies.

    after 3 weeks they ask me to come back to work but with some rules that i will only recieved my basic salary or else file resignation.

    If I will resign I will be ban for 1 year as I am working in limited contract and only 10months working. They are the one who stop me but they refused to give termination letter. What I need to do Sir?

    Thanks,
    EB

    • Deepak

      Elsa,
      Yes, if you resign under limited contract, you will face 1 year ban. Also you will need to pay 45 day compensation to the company.
      Termination is better if you are under limited contract and in any case they were the ones who wanted to terminate you.
      Why did they back out?

  • Roy

    Greetings Deepak,

    I seem to have stumbled onto a dilemma here. I’ve been terminated by my employer and have received my termination letter without stating the reason of termination – termination effective immediately with last working day as 30th August 2015. It has only been a month since I worked and I was in my probation period of 6 months. I haven’t received my copy of the labor contract and hence I cannot confirm the type of contract that I have signed. My offer letter mentioned that the employment offer was for a period of 1 year from the date of commencement of work.

    1. Could you provide me with conclusive result for a limited and unlimited contract based on my present scenario? (in terms of any dues to be received/benefits/air ticket)
    2. I will have a labor ban for 6 months. True?
    3. Could I still be hired in a Free Zone visa while I am still in U.A.E till 30th August?

    Your quick response will be highly appreciated.

    Thank you in advance.

  • Asghar Ali

    Greetings!

    I am working with Emerging Technologies last five months. Company has given me unlimited contract. Now, I want to resign this organization as they are not paying wages on time.

    My visa is under Sales Executive and from day first I am performing as per company parameters. I have given the business more than 150% of my target.

    I got good job of AED 5000 per month in dubai and I want to join it.

    Today I discussed with my HR manager related to notice period, she is asking me to pay all the expenses that was occurred on you. I am ready to server notice period of one month.

    Please help me to get rid as I am not able to pay the expenses.

    Thank You.

    • Deepak

      Asghar,
      You are not required to pay any expenses if it is not mentioned in your labour contract.

  • Geethu

    Hi Deepak,

    I have some Query, i want to change my job, i am working under husband sponsorship and Labour contract under Freezone, by 17th of august i would be completing my 6 months. can i change my job and do i have to pay any amount to employer as a training purpose. in my offer letter its mention we have to pay 5000 Aed if we are not cmpleting 36 months ( freezone labour contract), is it applicable for me. please suggest .

    • Deepak

      Geethu,
      whether you have to pay or no will be decided by the employment contract that you have signed.
      However, if you are working in free zone, you may not face labour ban.

  • Ernie

    Hi sir,

    i just want to ask something, i am currently employed for less than 6 months now on unlimited contract, and i’m planning to resign if i got a new job on free zone company or any company that can lift the 6 months ban. Is it possible for me to resign within 6 months on my unlimited contract for 2 years? do i have to pay anything to my current company and to labor?

    thanks

    • Deepak

      Ernie,
      You need to be careful. Certain free zones like Jafza, do consider whether you have a labour ban.
      SO be careful to ask your new company whether you will have a ban or no.

  • Sunny

    I am working in present company from 3 years now i have got another job in Dubai and i would like to resign.

    I submitted my resignation letter officially to my HR Manager.

    But HR Manager is saying that the notice period should be 3 months as per your signed offer letter. I submitted resignation as per UAE Labour Law with 1 month notice period.

    Please let me know should i wait 3 months or 1 month is ok as per UAE Labour Law.

    Thanks

    • Deepak

      Sunny,
      Offer letter is not valid after the labour contract is signed.
      IF the company wanted to increase the notice period, it should be changed in the labour contract at the time of signing.
      You should talk to MOL in this regard and get a confirmation.

  • Joedel

    Hi Mr. Deepak,

    I just finished my 2 years of contract last July 11, 2015 & I gave my resignation letter last July 19, 2015 because I don’t want to renew the contract. The company is insisting that I should finish one more month of my duty due to one month notice period. They said if I wont finish my one month notice period then I will be required to pay for it. By the way my Visa is under labour, my questions are: One month notice period is a must
    after not renewing the contract? And if so, if i stop on duty with out finishing one month of notice do I have to pay for it? Hoping for your response… Thank you

    • Deepak

      Joedel,
      yes, one month notice period is a MUST as per Labour Law.
      Yes, you will have to pay for it if you have not served notice period.

  • catelyn

    I have a question i wanted to resign but my employer does not accept my resignation letter. I have finish my two years contract. When I joined my company they did not give a copy of my employment contract. I kept asking them before but they just promise me that they will give but until now i am resigning i they did not provide. what should i do? should i go the labor i am under sharjah free zone.

    • Deepak

      CATELYN,
      MOL does not have jurisdiction over free zones.
      You should visit respective free zone authority.

  • Anjo

    Hi Mr. Deepak,

    I would like to ask some question regarding my visa, I am currently on cancelled visa and my grace period is about to expire this coming August 01, 2015. I’ve already found a job and my visa still on process but not sure if will be finish until August 01, 2015. My question is do I need to exit if my new visa will not be release before or on the mentioned date?

    Thank you,
    Anj

    • Deepak

      Anjo,
      You could change the status within UAE if your old company does not insist that you exit the country.

  • karim

    Good Day !.

    I have worked as a civil engineer for the last 9 years at construction company .
    I have submitted my resignation by giving three months notice . in order to clear all my pending salaries ,holidays and compensation ,, i have mentioned on the resignation letter , that i am planning to leave the country . my last working days was 15 of may .. since then i didn’t receive my money , all the time they are telling me , next week , end of month , we are expecting payment soon , etc .

    my question is if i go to the labor office for complain ,, can i claim also the waiting time take into consideration that i am not looking for other job , i just waiting my money to leave the country .

    thanks in advance

    Best Regards .

  • ali kazmi

    sir i just want to ask that i have worked for one company for 2 years and after my renewal my owner forced me to work for one of his typing centre as a marketting he told me i dont ned u in this company even ur visa is for other company bcz his cousin will take care of this company and if u say no we will make u problem u have to work u can try the marketting job for one month and if u dont like u can leave and i have tried that one month but i didnt knew anything about this job but still i tried and after completion he said as u dont know marketting so i will keep u in marketting and give u 2000 salary which is even half what i was being given and he refused to give me the car and refused me to work more so i decided to leave then he told me to give me resignation letter i asked him to let me complete one month he said mention it that one month is already been over so i wrote that and he accepted and after that now he is not cancelling me znd asking the money for visa and blackmailing me that i never told u like that but he has accpeted my resignation letter before and signed and i have copy for that please tell me should i still get labour ban for this and immigration ban bcz its all not my fault he was forcing me to work for another company my visa was not from that company

    • Deepak

      Ali,
      If you feel that there has been any violation, you should approach MOL with your views.
      They will try and help you.

  • Ankush

    Dear Deepak,

    I wanted to resign from my current company as they don’t have any challenging work to do. I also have an offer from India and Planning to move there.

    Having an unlimited contract and my 1 year period will end in mid September.

    1. Will I face any other Ban apart from Labour ban ? (Labour ban is for 6 months right ?)
    2. Do I have to pay any visa expenses, is it a law here in dubai ? if Yes how much does it cost for visa ?

    Waiting for your reply.

    Thank you 🙂

  • Ankush

    Hello Deepak,

    Hope you are doing well !?

    I wanted to resign from my current company as they don’t have any challenging work to do. Also I already have an offer from India and planning to move.
    Having an unlimited contract and 1 year will be finished in mid September.

    1. Will I face any other ban apart from 6months Labour ban (I Guess it is an automatic ban) ?
    2. Do I have to pay any visa expenses or any other expenses ? (is there any law of paying visa expenses)

    Thank you, will be waiting for your response.

  • CJ

    I was working in unlimited contract in abu dhabi and last june 26 is my 2 years already so i pass my resignation last june 17 up july 17 to reach my 2 years and the management accept my resignation and my problem is I’m already 1 week after my last day notice period but still I did not sign any paper to cancel my visa and when i ask them why they will tell me always tomorrow. Can you help me what should I do and what is my rights..thank you

    • Deepak

      CJ,
      You should talk to your PRO and accompany him to MOL for cancellation.
      If any further delays happen, you could file a complaint with MOL.

      Be part of a community at Emirates Diary Forum. Browse, ask a question at the latest feature of Emirates Diary. Visit: http://forum.emiratesdiary.com

  • Irfan

    dear deepak,,,,,, i am doing job in UAE from 8 months as a Civil Engineer and my contract is unlimited,,,,in which conditions i can change my job??? as i have better job offer from another company ……

  • Upasna

    Hello,
    I am under a unlimited contract and have completed two years of service with my current employer. However, as per the initial contract which i had signed with them I am eligible for 01 months notice period. However, my employer recently made us sign a paper with increment in the basic wage with mentioning a notice period to be 02 months?
    Will this paper be accepted as part of my contract? Also, if yes and i would like resign with 01 month notice period and settle the 01 month will there be any problem if my employer is not accepting it???

    • Deepak

      Upasna,
      Employers do use this tactic. It may be applicable as you have agreed.
      Notice period as per UAE labour law is 1 month/30 days. However, it is also tweakable.
      For example senior management staff may need to provide a longer notice period as their roles are strategic.
      Yes, paying 1 month instead of an extra month of notice is possible if your company agrees to it.

      Be part of a community at Emirates Diary Forum. Browse, ask a question at the latest feature of Emirates Diary. Visit: http://forum.emiratesdiary.com

  • jhinna

    Good Day!,

    I am employed under a labour contract of unlimited period and already completed 1 year in my current company, now i wanted to resign is there any possibility that i can get a ban? i am resigning due to the delayed of salary.

    • Deepak

      Jhinna,
      First of all you could file a complaint with MOL for delayed salaries.
      Then MOL will take the decision.

  • navin

    I am a Chartered Accountant from India. My UAE Labour Law contract with my present company (Dubai) is an unlimited one, however there is one condition in the Offer letter initially signed by both me and the company, which is three months notice if I resign.

    I want to know how many months notice I should give if I plan to change the company. Will I have to give one month notice as per UAE Labour law or three months’ notice as per the initial Offer terms in the company (internal) contract?

    If it is three months, will I have to compensate the company if I give a lesser period of notice? How much will I have to pay as compensation? Please advise.

    • Deepak

      Navin,
      If you have signed the contract which mentions the notice period, you need to abide by this.
      however, labour contract has the final say in addition to UAE Labour law.
      Yes, if you’d like lesser notice period and if company agrees to relieve you earlier, you must compensate employer for the remaining period.

  • peanuts

    Hi, I have an unlimited contact with my company and has served them for almost 9 years. I have renewed my contract 3 times already. My original contract has Art 127 clause and likewise should provide resignation notice for 6 months. Since I have renewed 3 times already can I just give resignation notice for 1 month and will Article 127 still be applicable?
    Thanks.

  • Gui

    Good afternoon. I wanted to ask about my situation. I am working in a private institution. I reported an incident about a sexual harassment with our company driver to the management but there was no action taken against the driver. I questioned the director about that but she got furious with me because i was questioning her for not giving a punishment to our driver. The meeting with my director became so intense and the director was insulting me already and was shouting and scoulding me. Because of this i informed her that i want to leave the company without any further notice. She accepted my resignation without notice and i handed over everything to her. Now, they wanted to cancel everything like labour contract and visa. I wanted to ask if i am entitled to have my end of benefits and my pending 45days annual leave. Kindly note that i have worked with them for 3 years and 3 months. Thanks

    • Deepak

      Gui,
      You should get paid for the remaining annual leave in cash.
      Also you should get paid with your gratuity.

  • sauda

    Hi sir i got renewal visa for 3rd time contract last mont.the question is if ever i resign, do i need to pay the visa expense which they provided to me because my visa is still new or is there is minnimum months for me that i can quit a job with complete gratuity? Thanks

  • kiz

    Hi sir,
    I just want to ask. Let say I will finished my 2yrs next year May 2016 and I will renew it. Then after 2 to 3 months after my renewal I can find better job and I will resign for the first company. Either free zone or not.

    Is there any ban on it? Or any amount to pay in company regarding my renewal process?

  • brook D

    Hi there,

    I work work for a company however I am under my parents visa and insurance.
    The contract is limited, i have just surpassed my probation period.
    They had a temporary labour card made for me up until now, which they require parents documents to acquire a permanent card.

    Can I resign from the position without a ban?
    Will i still require to pay for the 45 days?
    Does the contract bind me more than the labour card?
    Can i get in trouble if i refuse to provide them with the necessary documents?

    thank you

    • Deepak

      Brook,
      If you complete your contract there won’t be labour ban.
      Yes, you could resign.
      Since it is a temporary contract, i don’t think penalty is applicable.
      I am not sure about that!

  • Sorry I missed of asking this,
    I signed a contract, that I have never read,because when I was signing, he hold the paper and only signed down in a small box,
    I never saw what it is written, I dont know of job offer or contract,
    my question is that, whatis the diference between job offer and labour contract?
    I saw my contract in online, and read it theree
    my worries is, inside the job offer and labour contract is the same of what is written?

    How couldI know if I was signed?

  • Saul P.

    Hi, I am presently working for more or less 2 months under an unlimited contract and planning to resign anytime.

    My questions are as follows:
    1) Are there any complications like labour ban (for how many months) and do I have to pay anything to the company/employer where I am resigning?
    2) Upon resignation, am I only entitled to salary based on the no. of days I have worked? Am I right?
    3) How will I or my new employer be able to lift my ban?
    4) Do I need to have my new job under a free zone company?

  • YNNA

    hi Deepak,
    I just want to ask, my contract will expire on January 15, 2016 (unlimited), and my Boss is always telling me that he will terminate me OR asked me to resign from the company.
    My questions are:
    1) if its OK if I will apply to the other companies while i’m still working to my current employer?
    2) Once I got hired by the new company and my current employer doesn’t want me to go, what should I do?
    3) OR 1 month notice is enough for my current employer?
    4) In Case that I will resigned from my current employer, how much should i need to pay?
    Thanks a lot

    • Deepak

      Ynna,
      1/ yes you can apply.
      2/ It is your decision.
      3/ Notice period will be as per your contract.
      4/ You don’t have to pay anything to your employer.

  • jawad

    Good morning.i am working in a security company.i have renewed my visa in February 2015 after completing first two years.now I want to resign and want to move to UK.when can I give resign to company and get cancelation without having any difficulties?

    • Deepak

      Jawad,
      You should not have any problem in resigning anytime.
      SInce you are moving to UK, even if you have labour ban, it won’t affect you.

  • Sikandar

    Hey Deepak,

    I am an accountant in a restaurant based company with unlimited contract, my visa is Archeive Clerk, i join this company on 07-Oct-2014 but my visa pasted on my passport on 25-Nov-14. My employer verbally terminate me and asked my to resign so many times without giving me last 2 month salary, and now i also wished to resign because he did not give me salary on time and made so much deductions without no reason, and now he fire everyone in office and i am alone working in accounts, Finance, Admin work.

    I want to resign on a 15 days notice, so can he stop me for an unspecific time period by force?
    What ban i have to face from Mol or from Immigration ?
    What will be the procedure to remove the ban?
    I have B.Com and Intermediate and Matriculation degrees but they are not attested so is it compulsory to attest these degrees first from embassy ?
    Only verbal notice is sufficient or i have to send him an e-mail?

    Please tell me , because i want to give him notice after this Eid.

    • Deepak M

      Sikandar,
      Notice period will be as per your contract.
      Yes, labour ban is applicable.
      To remove ban, read:
      Yes, you will need attest it at the Embassy first.

      • Sikandar

        Thank you so much Deepak 🙂 , if i need further assistance, then i will ask you again,

  • jha jha

    hi mr. deepak,

    good day!

    im currently working in a hypermarket company under unlimited contract, my joining date is august 20, 2013 and my labour card will expires on august 22, 2015 and i just want to finished my 2yrs in the company.

    1.)do i still have to give 1 month notice period? coz i wanted to give this month the notice
    2.) is there any ban for me in UAE/labor ?

    thank you!

    jackie

  • Aploniya francis

    hai sir,

    am working in a stationery my contract is limited,

    i joined here on nov 17 on husban d visa but now am in company vis they took visa for me on jan 26 so now am planning to resign from the job because of some personal problems

    i want to go back to my place

    i want to know wheteher i want to pay any money to the employer

    and if i will come back whether any bann for me how i can lift that bann

  • Susan

    And one more query to the previous question,

    4. Do you I get my EOS Benefits if my labour card is expired?

    • Deepak M

      Yes, if you have completed more than a year in your employment, you will receive gratuity.

  • Susan

    Hi,

    My Labour Card has expired.

    1. If I am going to resign, do I need to renew labour card?
    2. Will the expired labour card cause an issue in joining a new company?
    3. Do I need to serve the notice period, if my labour card is no more valid / has expired?

    Thanks.

    • Deepak M

      Susan,
      1. No, you do not need to renew!
      2. No. But it needs to be cancelled officially.
      3. Yes, you will need to server notice period as per the labour contract/UAE labour law.

  • April udoh

    Please is it possible for an employer to cancel an employee visa if the employee is not at fault.and there is no contract letter signed between both parties

    • Deepak M

      April,
      You have not provided any context. I can’t say anything!

  • ms.a

    Hi deepak. Just want to ask. How many days will be the cancellation of visa during ramadan? Is there any paper to sign for the cancellation?

    • Deepak M

      Ms A,
      Yes, you must sign cancellation letter yourself and your sponsor as well.
      There is no separate rule for immigration process during Ramadan; the office timings may be different. It does not take more than a day to cancel the visa.

  • Sonia

    Dear Deepak,
    I am professor by profession in management college and terminated with immediate effect on 11 June and on asking reason they told me course file not up to mark. Well i ma not only one there are many. Though when college quality team checked it was on of the good files but ERT visit of CAA pointed out many mistakes. Ok my first job in UAE so accepted because problem in files even in the professor teaching UAE from last 30 years. But i want to know if i am terminated with immediate effect then i am suppose to complete the course files even after termination. Though i have completed all but as i was not part of meeting held after me regarding the course files so i have made as per my earlier experiences. I have submitted my relieving forms signed by all Dan of college, HR, Administration and IT and also submitted my vise for cancellation and also given them my emirates id. I hope by today i.e. 75/7/15 my visa must has been cancelled.
    As per my termination they wrote my 3 months salary only basic and house allowance but also 11 days salary, my tickets which i claimed long back, gratuity of 16 months, also some overtime teaching balance and also leave balance payment which is more then 30 days is due.
    Now problem is as per ERT visit they find some mistakes in files now which i submitted them 11 days before and want to redo some things. Now i want to ask if i am obliged to redo it again as i got clearance from all departments also visa cancelled. Official mail disabled. Can they stop my payment once all formalities done. These issues are not only with me but all teachers if terminated or not. But my question what is the meaning of termination with immediate effect if they need perfect work.

    Please Reply

    • Deepak M

      Sonia,
      After termination, you are not required to do. However, if you wish you could do.

  • Mukesh

    Hi Deepak,
    I am working under unlimited contract for 1 year and 1.5 months. Now my employer is asking me to resign from my job. I want to know whether there will be ban for me and also what all benefits (Gratuity, Salary,etc) I will get from my employer as I am resigning from my job. Please reply.

    • Deepak M

      Mukesh,
      You will receive all end of service benefits.

  • lian

    I finished a two-year limited contract last July 01,2015. I already sent the required one month notice. My previous company wants me to extend for a week or more but i said no because i already got an offer from another company and the job is urgent. What can i do if they hold my cancellation process because i declined in extending a few days more?

    • Deepak M

      Lian,
      Companies can not extend this way without your agreement.

  • pal

    Dear Deepak,

    Greetings for your Great support and Effort to People.

    I have one quiry presently i am working in Dubai.But my visa issued by Abu Dhabi. In my company offer letter they stated if i am leaving the company with in period of three year what so ever reasons i have to compensate them my 3 month gross salary and cost of visa charges and also minimum one year i have to serve them.Right now i am in 7 month of my limited contract.

    But i have verified with Ministry of Labour in my contract nothing is mentioned and only if i am leaving the company i have to serve them one month notice period with proper resignation nothing else.

    So if i am leaving the company i have to pay anything to them is it legel.if my company not processing my cancellation what can i do..?As soon as possible i have to leave UAE.

    Please Reply as soon as possible

    Thanks in advance

    • Deepak M

      Pal,
      I recommend you listen to what MOL has said.
      Read more about Limited Contract.

      • Pal

        Dear Deepak,

        I told you i have limited Contract sorry for my wrong information i have unlimited contract.

        For this case what can i do.

        Thanks

        • Deepak M

          Please post query in a single comment.

          • Pal

            Dear Deepak,

            I have one quiry presently i am working in Dubai.But my visa issued by Abu Dhabi. In my company offer letter they stated if i am leaving the company with in period of three year what so ever reasons i have to compensate them my 3 month gross salary and cost of visa charges and also minimum one year i have to serve them.Right now i am in 7 month of my Unlimited contract.

            But i have verified with Ministry of Labour in my contract nothing is mentioned and only if i am leaving the company i have to serve them one month notice period with proper resignation nothing else.

            So if i am leaving the company i have to pay anything to them is it legel.if my company not processing my cancellation what can i do..?As soon as possible i have to leave UAE.

            Please Reply as soon as possible

            Thanks in advance

            • Deepak M

              Pal,
              Listen to what MOL says.

  • Renuaka

    Hi, I have joined a company on limited contract starting dated 05/01/2015 but the joining date is 28/11/2014. Due to pregnancy I want to resign, so from which date my probation period will be counted contract or joining, and if I will give a notice period of 1 month should I have to compensate to my employer.

    Regards

    • Deepak M

      Renuaka,
      The joining date will start from the actual joining date!
      Since you are breaking limited contract, you will need to compensate for 45 days to the company along with the notice period as per your contract.

  • Abu

    Hi Deepak,
    My Labour Contract is Going to Expire 2nd july 2015 i got offer so i gave resignation on 2nd june and mentioned one month notice period so my last working day is 2nd july .Now I am in Notice Period today(22-06-2015) my HR call me and he said he will send cancellation document i have to sign and replay it with my emirates id. i Know if i sign i have my ban.what my question is if company have rights to cancel my visa while i am in notice period

    • Deepak M

      Abu,
      I am not sure about this.
      Have they cancelled your labour card?

      • abu

        hi deepak,
        i am not sure they cancelled my labour card , but my labourcard is with me only before they never ask my labour card and i never sign any cancelation document. my hr ask labour card also i think its for cancelation. how can they do this , up to 9th july (my releving date extended) after contract completion also i am working but they want to cancel my visa before 2nd july its not fare. if they force me for cancelation what can i do can i go to labour court.

        • Deepak M

          Abu,
          I am confused with your query.

      • Cristo

        Hi Deepak,

        I am working on limited contract which has already finished on 17th of June 2015. I have already mailed to my employer that i will not be continuing. But my visa is valid for next two months. Is it so that the company can hold me for two months till the visa expires or they have to cancel visa because the labour contract has finished. They are refusing to cancel my contract & visa as of now. I need to join another company in 2 weeks.

        • Deepak M

          Cristo,
          No, you contract ends the day your limited contract is expired.

          • cristo

            So they have to cancel visa even though visa is valid for 2 months? Will there be any ban on visa.

            • Deepak M

              Cristo,
              Yes, visa needs to be cancelled if you have resigned as per Labour card date. There may be no ban on visa.

          • Cristo

            So they have to cancel visa even though visa is valid for 2 months? Will there be any ban on visa. or they can hold visa till 2 months

            • Deepak M

              Repeat query!!

          • froilan

            my labour card expired on july 30 my employment contract august 15 my residence id expired on october 19 what should i follow i want to resign now

            • Deepak M

              Froilan,
              You should follow your labour card expiry.

      • Joyce

        Hi Deepak!

        I have been working for my company for two years and last year I received increment and they asked us to sign undertaking saying if I resigned before dec 2015 I should pay 12 months worth of the increase given to me last year (e.g. they gave 1000 so if i resigned now i will pay 12000). If we will not sign the undertaking then increase would not be credited. Is that even legal?

        Plus, in my offer letter it states that if i resigned before three years i have to pay 4000.. So if I quit my job now I would pay 16000..
        Please advise if I could leave my company without even paying this huge amount of money after all I worked for them. But this is not in my MOL contract.

        Thanks!

        • Deepak M

          Joyce,
          Companies do make strange laws. However, only your labour contract is recognised in the court of law.

  • May

    I am an employee with unlimited contract and renewed last April 2015 after I finished my first two years, can I resign in September 2015 and what are the possibilities. I want to apply for another work

    • Deepak M

      May,
      I think your could resign as you already have completed one contract.

  • Shashank

    Dear Sir,

    I am Working in Dubai, but my visa is of Fujairah as our main office is in Fujairah. I am on a contract of 3 years and I am about to complete my 1 year, but due to some family problem I want to resign immediately and move back to India. How much notice period I a have to serve as on our contact paper they have mentioned 3 months notice period.

  • maya

    Hi Deepa,
    I am working in a clinic in sharjah for about 7 months.I am working under spouse visa,and the clinic owner did limited contract for 2 yrs.But he didn’t did any labor card for me yet.Now I want to quit from the job.Can he do some penalty on me or the labor ban only i have to face.Please reply.

  • sadjia

    An employee of mine has submitted his resignation letter. As he is still under prohibition period, am I allowed to ask him for one month notice period?

    • Deepak M

      Sadija,
      It will depend on what is written in the contract.

    • Iqbal

      Hi Deepak,

      one of the employee on my arbab restaurant has resigned because he wanted to look another job ( he gave the resignation letter, but his contract is not finished yet ( he resigned in April 2015, the contract finished in November 2015 ), my arbab has cancelled him, my question is, now almost 30 days after the cancellation, and he is not exit , and seem he has no interest to exit, and he still not getting any new job. My question is, what if after 30 days he is not exit and not getting any new job, we are afraid that the restaurant has to pay some over stay fine due to his status, he hold the passport and he doesn’t cooperative with us, since we’ve been trying to contact him to ask him to exit. what should the company do regarding this situation ? and we don’t want to pay money for the mistake we don’t make, we just want to end our relation or anything related with him. thank you before.

      • Deepak M

        Iqbal,
        You could file complain with MOL and Police in this matter.

        • Iqbal

          can you give me how to do it? should I go to tasheel ? once I go to MOL and the officer asked me to make a complain letter to tasheel

          • Deepak M

            Iqbal,
            Please do as MOL says.

  • Manny

    I am under unlimited contract and working in the company for almost 8 months. I have resigned and handed to my employer my one month notice which my employer has accepted and signed. I would like to ask aside from the automatic labour ban, is the company can give me another 6 months ban? If the company give me another 6 months ban, how to lift the 1 year ban?

  • Fairoose

    Hai Deepak,

    I am working as a project admnistrator in one company at ruwais since may 1st 2015. as per my contract the working hours is 8 hours and but here i am working from 6:30 AM to 5 to 6 PM. I ask them to reduce the time or to provide over time, but they refused and they said i should work as per projects timing and if you cant work you can resign. Still i didnt sign MOL contract, but medical and EID process finished already… Can you give me a suggession if i resign now i will have ban?? mine is dubai visa and salary is aed 7000

    • Deepak M

      Fairoose,
      How is it possible that you have not signed labour contract and have done medical and EID?
      I think if you work for an Oil company, there is no labour approval.
      Overtime is the right of employees.

  • Fatima

    Hello, we have one employee who works under Limited Contract. he resigned and his last working day will be on June 30th. He has 15 days annual leave and his service is no longer required in company. we asked him to take his annual leave days balance from 15th June to 30th June but he refused. Can an employer require an employee to take his leave days balance during the notice period.
    Thanks

    • Deepak M

      Fatima,
      I do not think you can force somebody to take the leave balance after the resignation.
      What is your company policy.
      Labour law is not particular how you treat this.

  • anand

    Hi..
    Kindly give me a clarification about.
    1) How long I can stay in uae after cancellation of my visa..(after resignation in a unlimited contract, on probation period)
    2) Do i get a labor ban?
    3) How can I lift the labor ban?
    4) If the accomodation is provided by company, can I stay there during the grace period after my visa cancellation
    5) What if company terminated from my job without notice…during probation in unlimited contract..can I stay back for 30 days. Am I eligible for any compensation from employer? Do i get a labor ban? If the accomodation is provided by company, can I stay there during the grace period after termination.

  • savitha

    HI DEEPAK,
    IAM WORKING IN A COMPANY SINCE 11 MONTHS , BUT I DONT LIKE TO WORK ANY MORE WITH THIS COMPANY AND I HAVE SEND 2 TIMES RESIGNATION AND THEY REJECTED .. THEY ARE TELLING THEY WILL NOT CANCEL THE VISA .. THWY ARE TELLING WE HAVE TO PAY 6 MONTHS SALARY WHICH IS NOT MENTIONED IN THE LABOUR CONTRACT,,BUT WE HAVE SIGNED A MEMORANDAM IN THAT ITS MENTIONED THE EMPLOYEE HAS TO PAY 6 MONTHS SALARY BUT IT IS NOT MENTIONED IN THE LABOUR CONTRACT ..SO THEY ARE TELLING IF AM GIVING RESIGNATION THEY WILL FILE THE CASE TO COURT ..AND WILL NOT CANCELL THE VISA..WHAT WE WILL DO ?? PLS REPLY

    • Deepak M

      SAVITHA,
      IT IS TIME FOR YOU TO APPROACH MOL AND FILE A COMPLAINT IF YOU WISH SO.

  • Leema

    Hi Deepak,

    In terms of an employee, what is the notice period in a LIMITED CONTRACT ?

    • Deepak M

      Leema,
      Please read your contract with regard to notice period.

  • Sudeep

    Hi,
    I joined my company on the 05th of April 2015. The contract was made on 09.04.2015. I joined the duty from 27.04.2015. And now i just received a month salary for the month of May.
    Do i get paid for the month of April? If not what about the 04 days of the month of April? Also, i was absent for two days, but the company’s accountant say’s i got a ‘fine’ for one extra day?

    Kindly suggest.

    Thanks.

    • Deepak M

      Sudeep,
      You are eligible for each day of work salary.
      What fine??!

  • Sush

    Hi, how r u sir.. i have a one doubt sir…my doubt is even though we complete our contract we get a ban from our company..previous employ’s got 6 month ban even though they complete their contract..why like this..suppose if i get a ban then what can i do..if i want to escape from ban what should i do..some of my friend said if new company which i supposed to join that company pay 650 to 700 dhirams in airport then our ban will lift automatically..is it true..can u give me a clear idea on this sir pls.

  • Mehfooz

    My Labour Contract from 2012 to 2014
    Its Finish 16-1-2014 and i didnot Sign any contract after that
    one and half year Finish for expired my Contract
    Now its become Unlimited Contract
    Whatever Noties Period They Write in Expire Contract it will Apply on employee still ??

    • Deepak M

      Mehfooz,
      Yes.

  • Shol

    Sir,
    My labour card expired last 26 of may 2015, and my visa stamp in my passport valid till 10 of july 2015. I have an offer letter and i send my resignation letter that i will not renew my visa.. If they will cancelled my visa before 10 of july there is still ban for me.. please help

    • Deepak M

      Shol,
      As long as your labour card is not renewed, I don’t think you will have a labour ban.

  • kashif

    My contract is Unlimited I m thinking resign now but they saying U have to Give three Month Noties Period Because In Limited Contract This Point Was mention Which is expire in 16-1-2014 now tell me What should i do

    • Deepak M

      Kashif,
      Is the notice period requirement mentioned in your contract?
      If yes, you have to provide.
      Also, if you break limited contract, you will have to compensate employer for 3 months.

      • kashif

        My contract unlimit if i will give one month noties Period so shuold i pay 2month Compensate to employer ??

        • Deepak M

          Kashif,
          incomplete query. Please let me know all the facts like length of service etc.

  • chakravarthi.p.s.

    how can i lodge a complaint against an amployer BY ONLINE..

    • Deepak M

      Chakravarthi,
      There is an option through MOL website.

  • n1tz

    hi..my visa xpire ..march 27 2015 ..but they cancel me march 15..then ill finish my 1 mon grace period april 15..2015 ..that time ill go exit..so what u think ? i have ban?..but i dont have any issue in my company,,

    • Deepak M

      No, since you have completed your contract, there will be no labour ban.

  • shayan

    hi i have limited contract i am working in dubai and already complete 14 months if i will give my resignation on 1 month notice period will i pay anything and will i pay any ban thanks tell me as soon as possible

  • Salman

    Hi Deepak,

    Actually I am planning to resign from my Company in Abu Dhabi, its been 9 Months working with them and i m under LIMITED contract with them ?

    Do i have to give only one month notice period to resign ? or do i have to pay them any thing while resigning as i was reading in some other articles ?

  • Ian

    I’m currently in my 4th month in the company as an Accountant. My contract is unlimited and I filed my resignation yesterday but they did not accept the letter. I got a job offer from SAIF. I would like to ask some questions:
    1.) Am i required to render 1 month notice period? my employer is insisting of a minimum of two months before I can resign but it is not stated in my contract.
    2.) If I don’t serve the one month notice period will I get the one year ban as claimed by my employer that they will do? Will that stop me from working in SAIF?
    3.) What can I do as they will not sign or accept the resignation letter that I have sent to them?

    Thank you

  • kulwinder Singh

    I am working here from two months. if I want to leave my job and shift into another country then what would be the procedure. Because Here job is not good and i also want a good salary, no matter what type of work is!
    If anyone can help to figure it out then please help.

    • Deepak M

      Kulwinder,
      You could resign and leave but beware that you could face labour ban.

  • Rajesh

    Dear Sir,

    I am an electrical engineer but having labour supervisor visa. My offer letter is of Electrical Engineer.

    I am working under a limited contract of 2 years with a construction company, i have completed 8 months and now wants to move to other company as I have better opportunity in my hand
    Can i leave in limited contract if yes, how much will be the cost which i have to pay to the company.
    Also is there will be any ban if i resign now.

  • Cindy

    Hi!

    I would like to clarify, are the employers must provide the noc or we employees must go to typing center or we make written noc and the employers sign only? then what should be the content that indicate in the noc?

    thanks. hope this can be helpful to others confusion.

    • Deepak M

      Cindy,
      Providing NOC is not a must.

      • Reyan

        Hi!

        I just would like to ask if there is any problem if submitting a letter of non-renewal few days before the labor contracts expires? I am actually having my vacation leave on June 5 and going back to work on July 6 and my labor contract will end on July 14. Will there be any complications for this?

        • Reyan

          Hi!

          I just would like to ask if there is any problem if submitting a letter of non-renewal few days before the labor contracts expires? I am actually having my vacation leave on June 5 and going back to work on July 6 and my labor contract will end on July 14. I am planning to submit my letter on the day when I get back to work. Will there be any complications for this? Should I submit my letter of non-renewal a month before my labor contract expires?

        • Deepak M

          Reyan,
          You have to submit a proper resignation letter and serve the notice period as per the contract

          • Reyan

            Should I submit a letter of resignation? As far as i know it should be a letter of non-renewal right? Or Is there no difference between the two? So there will be no problem if I’m serving my notice period even if my contract has been already expired?

            • Deepak M

              Reyan,
              It is one and the same.

  • Mar

    Hi,

    I am currently under probation on a LLC company with unlimited contract. I submitted my resignation but it was rejected, then I sent it again through email and still got a reply of rejection.

    Can you please advise what to do?

    and i got an offer in a freezone company.

    • Mar

      i sent the resignation letter on 19th of may, since they are rejecting it, will it be advisable to complain as early as now to the MOL?

    • Deepak M

      Mar,
      Organisations can not do such a thing. If the employee would like to resign they can not hold them.

  • mary ann

    Hi..
    I just to ask regarding resignation under limited contract working five months. What is the process they will allow find other job. How much the cost to pay the company.

    Guide please

    Thank you

  • Renjith

    Hello Deepak.. Thanks for your prompt reply. Just few more queries… Does the resignation letter sent by email can be use as a proof as per UAE law? (HR didn’t acknowledge the letter on same day). HR acknowledged the letter on 19th May only. Kindly advise..

    • Deepak M

      Remjith,
      HR should mention while acknowledging like ” your resignation dated 19 May 2015″

  • Renjith

    Hello Deepak,

    I have submitted my resignation letter to my employer through email on 27th April 2015. In the resignation letter I have indicated the notice period as 26th May 2015. (30 days as per employment contract). But when I tried to follow up today (19th May) for my release, they are not releasing me on the said notice date. My department manager has signed in my resignation letter (signed date is 19th May) on today only. HR is saying they can count the notice date from today only. Can you please advise how I can relieved on the said notice period from my employer (I.e., 26th May). Or I have to continue till 18th June as per the signed date in resignation letter. ?

    • Deepak M

      Renjith,
      If you have the proof that you have submitted your resignation, your HR should have notified of your notice period and last working day.
      If they have failed to do that and the delay is from their side, I see no reason why they should relieve you.
      It will depend on you whether you would like to continue till 18th June! Please speak also to MOL.

  • king

    I am employed under a labour contract but i just got terminated affer three months with NOC letter, please can i still find job on labour? please need advice.

    • Deepak M

      King,
      After the cancellation of your visa, you have up to 30 days to stay in UAE to look for a job.

  • Salman

    Hi,

    I am currently in probation in an LLC company in Burdubai. I want to leave this company because i dont like the environment. I am getting a 5500AED salary from here. I have a job offer from Jabel Ali Free Zone Company of Arround 7200 AED.

    The company is not letting me go, can you please tell me how can i get my visa canceled if the employers insist on not processing my visa cancellation. I am an MBA with attested degree

    I would appreciated your help on this.

    Cheers

    • Deepak M

      Salman,
      Companies can’t hold cancellation.
      You should file a complaint with MOL in this regard.

      • Salman

        One last thing, If they don’t provide me NOC, even if they decide to get my cancellation done. Will i be liable to a ban? If i am looking to switch to Jabel ALi FreeZone Company.

  • shyam

    Hi, I have been working in uae with unlimited employment contract since 2011, My employment visa is going to due in aug’15, kindly advice if i resign based on two month notice period.is it ok as per uae labour law.?

  • diana

    hi sir good day,

    i started working in a restaurant company june 27, 2013- and end of contract is june 27 2015 I would like actually to resign a bit earlier like just a week earlier to pass my resignation , for example i want to leave june 13 2015,
    is the company can make a ban for me? if i did not complete exactly the date of the end of contract, and do they have the rights to send me in my home country? even i have already my job offer? do they have the rights to hold my passport?

  • Jeff

    Hi sir Deepak, i’m working here in Abu Dhabi And my contract here is limited contract. and i already finished my two years contract and i already renew, and i’am 3 years now, i have a plan to resign and find a new job. what if i found a new job . may i know i will get a labour ban?if yes? even i’am degree holder (college graduate) and my salary is 5k up?kindly explain?clearly.thanks!

    • Deepak M

      Jeff,
      I do not think, you will face a ban as you have completed 2 years.

      • jeff

        thank you,

      • Ak G

        Hello Deepak,

        Two queries for yourself to kindly help with:

        1. In what cases is this labour ban applicable, please?
        2. If a resignation has been submitted by a confirmed employee on an unlimited contract with 7 years of work-ex with the same company, is this employee entitled to take some accrued days of annual leave during her notice period or is this illegal?

        Thanks,

        • Deepak M

          AKG,
          1. Please read about Bans
          2. Yes, notice period is also considered for accumulation of leave.

  • hazel

    Hi sir, my co worker and i, pass our resignation for one month notice, in our situation we dont have any manger who will receive it, we gave it to our employer but he did not sign it, does our notice will be valid after a month?

    • Deepak M

      Hazel,
      Your employer must acknowledge your resignation in writing.

      • Janice

        Hi Mr. Deepak,

        In my husband case he gave 1 month noticed of resignation (April 2, 2015) but the employer withdraw this in promised of relocation. AFter 1 month, no relocation took place and my husband pursuing the previous resignation. The employer is aking for another 1 month notice as they said that the previous resignation was invalid. Now he filed a complaint to labour relations. Employer keeps on calling and threatening my husband that they will file abscond case. Please advise. Unlimited contract August 09 2013.Thanks Janice

        • Deepak M

          Janice,
          You should also file complaint about employer harassing your husband with threats.
          Also file complaint with Dubai Police.

  • Aiza

    Hello sir i am an employee with unlimited contract and as per my labor contract it will end on 29th of june but i am on leave vacation now as of may 9. Im planning to pass my 1 month notice on the 29th of may. Is it possible to pass my notice letter while on my leave vacation?Thank you sir.

    • Deepak M

      Aiza,
      You will have to come back and resign.

      • mohammed imthiyaz

        Hi Mr Deepak would you please advise me that i workd for a company in Dubai last 4 years unlimited visa and i got a new offer in Dubai it self need to join on urgent basis can i ask my present company to cancell my visa on urgent basis awaiting for your reply Best Regards

        • Deepak

          Mohammed,
          Yes it is possible. Your company can do that.

  • i’m working in an italian restaurant in dubai i changed my uniform in the chiller for the first time and my company wants to terminate me,and am still on proportional period please help me what should i do?

    • Deepak M

      Obinna,
      Company has the right to terminate employees in probation period.
      I am not too aware of your internal company policies.

  • salman

    I am on unlimited contract , Employer has decided to cancel my contract with in 08 months. Do i will get a Auto Labor Ban. My Employer is ready to GIVE ME NOC as well and my New employer is giving me Salary 5.5 k … can you tell me will i get a labour ban or not ?

    • Deepak M

      Salman,
      Yes, ban will be automatic. Noc will solve it in most cases.

      • Rajul Khan

        no NOC for automatic ban but he can lift the ban with showing 5000/- or more salary.

  • Anoop

    Hi,
    I am working in Abu Dhabi with limited contract. another 6 month is pending to complete my contract. If i want to resign from this company what is the notice period to maintain as per UAE labor law.

    As per my job offer my contract is unlimited and three month is the notice period. While joining time i was not aware UAE law. But later i understood i signed the contract with limited but nothing mentioned about notice period.

    • Deepak M

      Anoop,
      Usually notice period is 1 month. If you break your limited contract, you will face 1 year ban.

  • ben

    hi…i’m working already at 6 months in this company with a very low salary…and i want to transfer to another company with big offer…what will i do? so that i can transfer without any problem…pls .help

    • Deepak M

      Ben,
      You will face labour ban.

  • vimlesh

    any one guide

    I have given resignation on 8 april for notice period, for which i suppose i should get the notice period salary. Now my company is saying as my visa is getting over by 17 april soo we will only pay you till 17 only. Kindly guide me

    • Deepak M

      Vimlesh,
      That is not right. They must pay until the last day you worked with them.

  • laure

    Hi, I am working with an unlimited contract since 1 years and 8 months in Abu Dhabi.
    I gave my resignation to my HR and wanted to leave the position in one month.
    The HR rejected it : ‘your resignation letter is not accepted”
    What I have to do? Can they do that?
    Thank you

    • Deepak M

      Laure,
      What’s the reason? Did you ask them?
      Employers can not do that!

  • Rohita

    I have finished my earlier 2 year contract. This is my renewal contract is going, i would like to resign now giving them one month notice. How much visa charges i have to pay as i come under adm staff in a school? Please let me know

  • Ibrahim

    Hi deepak. My contract is finish on Dec 2. But my visa is expired on Jan 6. I need to resign within dec 2. So can i resigned job on dec 2? or i should stay within visa expired. Can you explain me this? My contract is limited period. Can you email me?

    • Deepak M

      Ibrahim,
      You should resign when there is one month pending in your contract so as to provide notice period.

  • ANI

    hi, i have completed my one year in a company in uae with limited contract. now i have given my resignation. will there be a ban for me from labour side or company side, if there, how can i lift it. will it affects me if i am joining in a freezone company. please reply.

  • Abid

    Dear Deepak,
    After working 15 months with my company under i have resigned with one month notice period as per Labour Law. I submitted the resignation on 30th march and i wish to serve the notice from 1st April to 30 April , however my manager has accepted the resignation on 2nd April and written last working day 7th April.
    Please advise me if my employer is liable to pay my salary till 7th April or as per the notice period for full month. What is the UAE labour law says about it in case if the employer is not accepting my notice period and releasing me before time.

    • Deepak M

      Abid,
      Yes, they should pay you till the last day of work.

  • Umesh

    I have worked as a Manager for a company twenty plus years and have submitted my resignation with 30 days notice. Already 15 days have passed and my company has not accepted my resignation up to now. There is an investigation going on with in the company at the moment against some senior employees who are under suspension now. I have had nothing to do with any of those investigations in any way.
    Can my company stop me from resigning or is there a law in UAE where it says no employee can resign when there is an on going investigation with i a company. Please advise. Thank you

    • Deepak M

      Umesh,
      No, your company can not stop you from resigning unless there is a charge against you.
      UAE Labour Law does not explicitly mention these details. However, companies are required to respect the notice period.

  • Gina

    hi. i resigned from my current company because i will be working in another company and gave 1 month notice. they have accepted it. but it is only a week left and they have not found my replacement yet. and they asked me to stay for few more weeks. the company i will be joining does not accept the “few more weeks” late in joining them. is it legal if my current company does not cancel my visa after the notice period which they accepted. note: the current company gave me a “letter of acceptance of resignation”
    thanks

    • Deepak M

      Gina,
      Your current company should relieve you within 1 month after your notice period.

  • Rekha

    Dear Deepak,

    please clarify me few things. i had resigned from a company within 4months since joining. i was not in company visa. and also probationary period was not completed. now i got another job. will the old employer can create any issues? and also, for Freezone and non-freezone employees, what’s the minimum duration for work after the confirmation received.?

    • Deepak M

      Rekha,
      sorry, you query is confusing to me! Not clear.
      Did you have labour card. If yes, there may be labour ban.

  • sherry

    hi, I have a One year labor ban, my contract is Unlimited. I worked with them for 4 months only. I filed a complaint at MOL cuz they don’t want to cancel my visa and give my passport. however, Im wondering can I still look for a job in a FREEZONE company even if I have a 1 year ban?

    • Deepak M

      Sherry,
      If you have 1 year labour ban, yes, you could work in free zones.

  • nilmann

    Dear Deepak,

    I have completed 22 months and given a resignation of one month. One month period completed but still employer is refused to cancel my visa. Can i approach a labour department. Will be any ban applicable for me. I have an engineer visa + my new offered salary is 15000.

    • Deepak M

      Nilmann,
      Yes, you could approach MOL.
      As per your new salary, you will not face any labour ban.

  • Ricky

    HI Sir,

    I am working with Free zone LLC IT company in Dubai Internet city. I have VISA of 3 years and also my employer signed one contract with me that if i resigned before 3 years then i have to pay bond breaking amount . and official notice period which is mentioned in offer letter is 30 days.

    I have completed 9 month and want to resign from this company . just want to ask after paying this bond breaking amount and 30 days notice period . will they allow me me to go or they can also create a problem because i am fearing it is small company they dont have any policy and procedures.

    and still my 18 Days leave are pending as per the offer letter 2 days per month. will they pay me for this or can they count this leave as my notice period days.

    I want your suggestion before i resign.

    Please suggest .

    will the hope of positive result .Thanks.

    • Deepak M

      Ricky,
      They have no legal way to keep you waiting after you have fulfilled their requirements.
      The leave encashment depends on the company policies. Some companies pay and others do not pay!
      You should ask your HR.

      • Ricky

        Thank for the reply,

        as this is new company there is no policy . what should i do in this.

        • Deepak M

          Ricky,
          You will need to ask your HR.

  • Rhea

    Hi Deepak,

    I would like to ask is there any grounds if just make a 15 days noticed of resignation, because i still have remaining annual leave benefits. Please advise

    • Deepak Machado

      Rhea,
      I don’t see any!
      It is up to the company to consider leave along with notice period.

  • saravanan

    i am visa 2years finished after 6 month running period now. i have new oppornity job change of other company?

    • Deepak Machado

      Saravanan,
      Yes, you could change job.

  • bea

    Dear sir.
    According to my question from 21 march 2015 and your answer from 22 march 2015 – cuold you check this information or write me where I can obtain confirmation of these 45 days equivalent needs to pay to my employer in the case of termination before 1 year. I would like to receive some help on that issue but I do not know where. I will be grateful for your help

    • Deepak Machado

      Bea,
      your best source is the MOL call centre! They assist employees with any information!

  • Ramesh

    Dear Mr.Deepak,

    This is regard to my termination i was suppose to go on vacation and vacation approved but before vacation i had some fracture due to which i did not went to office for 2 days but informed my manager the doctor had given sick leave for a week but on the 3 day my manager told to come to office so that i can on vacation early but my boss instead of allowing me to go early terminated me

    I was under limited contract will i get my termination benefit or my termination will not be valid as i was on sick leave .

    • Deepak Machado

      Ramesh,
      Under limited contract, if it is a premature termination, you will receive 3 month compensation in addition to leave salary and gratuity.
      Company could take such decision but they have to pay proper compensation as per law.

  • Carlo

    Hi!

    My contract will end on April 16, 2015 and today im submitting my 30 days notice resignation. Will dr be any problem with that? also i have 30 Days Leave Remaining that they need to pay. What if they will not give that payment? can i complain them on labor?

    • Deepak Machado

      Carlo,
      Leave payment is as per company policies whether to encash or not!
      You have right to resign from your job.

  • John

    Hi Sir,

    I have an unlimited contract, I’m working for 1 1/2 year in my company, I decided to resigned since a got an offer from other company. However, my current company don’t want to sign my resignation and forcing me to finish my contract. Can i do anything about this?

    Please advise.

    Thanks!

    • Deepak Machado

      John,
      You could resign and company has no right to stop you from resigning.

      • John

        Hi Sir,

        My employer is still insisting that i should finish my contract. I went to the MOL last week and seek advised. They told me to file a complain that I want to cancel my visa once my 30 days notice is finish.

        They received the complaint and now we settled the problem here in the office and they’ve signed my resignation paper. The question now is can i cancel or drop my complaint against them?

        Thanks!

        • Deepak Machado

          John,
          Yes, you could withdraw your complaint at MOL.

  • miera

    what should I do,my last day of notice on March 27 Friday,if possible labor give me ban,or just they scare me to resign?? I have some offer from outside.but not frizon,total salary just 3500,

  • miera

    Hi goodmorning,I was working for unlimiTed contract and I finish already the 2years and reneW again.I finish the New contract for 6month now.but I give resign because delay the salary,I have total 3month not take,I took November salary last March 13,then my increase salary for the New contract I not Take in bank,I received just 1000 in bank and 800 cash,my last day for month notice on March 27,what should I do,because the owner told me labor will give me a ban,Is it true???

  • Brin

    Hi Sir,

    Im with a freezone visa,with 3 years contract. Im planning to resign after finishing my 1year in June, can you advise me what will I receive or should I pay for my visa.because they telling me that the processing of my visa 12000aed.

    • Deepak Machado

      Brin,
      you are not supposed to pay for visa expenses. The company should take care of this!

  • Adnan

    Hello Deepak

    I have resigned from my Current Company working as a Project Manager. I would like to furnish the following details.

    1) My resignation date: 1st March, 2015
    2) Notice period: 03 Months
    3) Leave Balance : 47 calendar days
    4) Considering leave balance : My last working day should be 13th April, 2015.
    5) Not considering leave balance : 31st May, 2015

    My company is forcing me not to take leave balance and also not appointing my replacement. Their stance is that I should extend my notice period i.e. 13th April, 2015 by end of May, 2015. What shall I do as per the labor law as the new company wanted me to join ASAP. Request for your earliest response.

    • Deepak Machado

      Adnan,
      Company could request you to stay longer; but it is up to you to adhere to their requests.
      Company can not force you to stay longer.

    • anas

      Dear Adnan,

      Can you update us what happened? and did you take your 45 days?

  • reign lee

    hi i just want to ask if a private hospital/company have a policy of not giving COE (Certificate of Exp) to their employees? I just recently resigned from a private company to a semi-govt. I finished the 2 yrs contract then i renew it but after 6 months i got a new job but i give 3 mos notice period. During the notice period, i ask for the COE but they told me after i finish the 3mos period they will give it to me. But when i tried to ask for the letter they said they cannot give it bec i didnt finish the contract and the Head dont want to sign it. I called the Mol they said i should get a document and if they cannot give the letter i should file a complaint. If i file a complain do you think they will give me the letter i requested? is there in a law that a company are not giving Coe eventhough i finish/resigned gracefully? thanks for the reply.

    • Deepak Machado

      Reign,
      Your company should not make such a hue and cry over an EXPERIENCE CERTIFICATE!
      It is a simple document which does not cost them anything!!
      Yes, do as per MOL instructions.
      Whether they will give or not…I do not know.

  • Joseph

    what is the difference between resignation and non renewal of contract? Since I’m resigning at the end of my contract, and the hospital requires to complete the three months notice period,(which they can shorten according to the contract) and the said notice period will overlap the end date of my contract.

    • Deepak Machado

      Joseph,
      resignation is your desire to leave the organisation. Non renewal is from company side.
      You should have resigned when there were 3 months to finish your contract.

  • bea

    Dear sir. I would like to ask one more question – just to remind: I have unlimited contract as veterinary general started from 11 november 2014. My resident visa is valid for 2 years ( till november 2016) . And I heared that if I resign from the job before one year I will have to pay an equivalent of 45 days of my work to my employer? Is this statement is true? Could you explain me rules of resignation ? Thank you very much.

  • bea

    Dear sir. I would like to ask one more question – just to remind: I have unlimited contract as veterinary general started from 11 november 2014. And I heared that if I resign from the job before one year I will have to pay an equivalent of 45 days of my work to my employer? Is this statement is true? Could you explain me rules of resignation ? Thank you very much.

    • Deepak Machado

      Bea,
      If you heard this from MOL, it may be true!

  • Tahmina

    hi

    i resigned from company on 3rd party payroll, i worked only 2 months one month salary received ,
    before taking 2nd salary i resigned and as per contract nothing mention about banned and deductions for visa charges.

    should company charge for visa if i resigned in 6 month( probation pirode)

  • love

    Hi,im currently working in dubai health care city as a nurse for 2 months, then my license application is on process. My previous hospital in saudi refused to give clarification letter thats why my license have been compromise according to HR. If my license was not approved and the company terminated me because of not having a license, do i need to pay for my visa?or i have a ban?

  • hareesh

    Hi deepak,

    I got my termination on 28/01/2015 and in my termination letter clearly mentioned that my last working day was also the same date.Termination reason sales target . But till company didn’t cancel my visa.They are saying that they will pay me up to 28/01/2015.I registered complaint against the company.From last two months I am staying here without salary.So will I get my salary for last two month?

    • Deepak Machado

      Hareesh,
      No, you will not get salary for the period you have not worked.

      • hareesh

        Thanx for the reply.But I am staying here without salary for last 2 month. Company not responding to my visa cancellation .Now I am stuck here.No money to pay the rent and food.How long I have to wait for my cancellation.

        • Deepak Machado

          Hareesh,
          You will have to talk to MOL with regard to this situation.
          I don’t think I can offer any other suggestion or solution.

  • Roselle

    Hi Deepak,

    How are you? I was terminated by the company before I reach 6 months. Now im so confused
    – if i have a labour ban or not?
    – Do i need to look for a job which is 5T salary to lift the ban?

    Many thanks

  • Eric

    Dear sir, i am working in company for four years under mol. Now they want to increase notice period from one month to three months if staff will resign, they should work three month before they move to any other company. Please do let me know if its according to labour law or should we sign. Thanks

    • Deepak Machado

      Eric,
      It is up to the companies to device such rules.

  • Jack Samaha

    I resign form my company and provide 1 month notice letter. my one month period is over and i did not get paid my notice period salary and any end of service ( i work for 2years and half) what i have to do?

    • Deepak Machado

      Jack,
      You will have to approach MOL with your complaints.

  • pat

    im working 5months as waiter under a labour contract. i just recently resign because i find a new job in a freezone company.. my question is how many days should my notice period be? and is there any trouble about the labour ban when transferring to the new firm? thanks.

    • Deepak Machado

      Pat,
      Notice period is decided by company. But it is usually 30 days.
      In free zone, labour ban is not applicable.

      • ANNE

        Hi! Good evening!. I send an email today to the Hr and to our directress that i will not renew my contract anymore and I printed a copy for her to sign but she doesn’t want to because she is asking me to write there that I will work until June 25, 2015. my joining is March 16, 2013, my labor card will expired on April 20, 2015 and my visa in my passport will expired on May 12, 2015. What do I need to do if I will continue until June 25, 2015 I don’t have a visa anymore. Hope you can help me .

        • Deepak Machado

          Anne,
          You need to remind your employer that working without valid papers/visa/labour approval is illegal.

  • Malik Mohammed

    Hi deepak
    I am working in dubai for 5 years with unlimited visa . I have recently renewed my visa 2 months before, now I like to resign and go back to my country.
    Do I have to pay for the visa charges
    In my new contract it was said tht I cannt resign for one year.
    And if I resign will I get my full gratuity
    Thanks

  • geena

    i am working in a private hospital as a staff nurse in my husband visa.my contract is unlimited 3 months notice peroid.i completed 2 years.i got goverment job.i put 3 months resignation .now govement hospital telling within 2 months i should join.
    1.if i will leave before my resignatin peroid any problem for me?
    2. can they putimmigration ban for me/
    3. what is the solution for me?

    • Deepak Machado

      Geena,
      1. This will depend on your current company policy. You could request them to reduce the notice period.
      2. Not sure what kind of contract you have.

  • Thahsi

    Hi sir,
    I have completed six year in a company here in UAE,i got a new job in dubai in better salary.So i resigned and given 30 days notice period to the current employer,but now they are asking to extend my notice period for one month more.I am signed in one month notice period agrement only.
    If i go to ministry of labour or court how many days that may take to finalize this case,bcoz i have to join after 15 days of my one month notice period.

  • Rahman

    Dear deepak
    I just want to enquire that can I get an experience certificate from my current job without resigning the job.its bcoz I am a pharmacist working in Dubai hospital. Now I want to write MOH exam and receive evaluation certificate from uae ministry of health.for that purpose I need to upload my latest experience certificate via online.i hav renewed my visa second time .will the hospital give me experience certificate .is there any rule ?

    • Deepak Machado

      Rahman,
      You could request a service certificate and salary certificate with details as required.
      Request your HR with regard to this.

  • Rashid

    Dear Deepak ,

    I am working for a company under Unlimited contract. for last 1.6years Now i have got a new opportunity.Whether I can resign from my current job without having any ban?

  • Nilesh

    Dear Deepak,

    I am working as a general electronics engineer. I have competed 22 months. I have good opportunity. Can my company put a band on me?

    • Deepak Machado

      Nilesh,
      If you complete your contract, there will be no labour ban.

  • Mary

    And lastly I also forgot to ask my potential employers would like to register me at the immigration. I know I’ll get an automatic six month ban maybe plus a 6 month ban from my current employer. Does the MOL ban affect registration that may be done at the immigration office.

    • Deepak Machado

      Mary,
      if your company does not come under MOL and applies visas directly at immigration(that means no labour card), then labour ban is not applicable to you.

  • Mary

    Dear Deepak

    I don’t know where to post this since it’s kinda unique situation, and I don’t see any posts relating to it. I’m Mary and I’ve been working as a tutor/nanny since August 2013 for a divorced single Lebanese woman. Thing is at this point am applying for the same position but with employers from the western and Eastern European who are keen on paying very well. Even though I’m a nanny I’m registered under the MOL instead of the immigration. My contract is limited. My employer insists that I either renew my contract or go to my country. But I still want to work for another European lady. Who do I contact the labour office or the immigration? I heard that I have been registered illegally, and she could get fined 100000 aed, jailed and later deported but that’s none of my business. Will I also get into problems too?

    • Deepak Machado

      Mary,
      Not too sure about your situation.
      I recommend that you fix up an appointment with MOL and talk to them.
      Seems like your situation is a serious one.
      Please take care.

  • Zaid

    I mean to say that resign can be with one month notice period or 24 hrs. In 24 hours u can have one year ban also. What will happen to 15 days. ?????

    • Deepak Machado

      Zaid,
      Not sure what your query is!!

  • Zaid

    Hi dee pak,
    I m working 30 months . I gave resignation 15 days notice period. I didn’t know it should be 30 days. The thing is the company throw me out of building. They not agree to cancel my visa. I want to know can I get any ban coz my notice period is only 15 days.

    • Deepak Machado

      Zaid,
      there is no link between notice period and labour ban.

  • denzil

    I got a job in UAE through my cousin, she introduced me to my current emplyer and he arranged a sales executive visa for me saying that Visa for IT (Hardware) is expensive once you are here we will change it; so trusting him as i knew her through my cousin i came to UAE on a work visa of sales executive. At first my employer gave me all the IT related work. He mentioned to me that for your extra income you will be given a sales target of 30,000 quaterly and you can do sales and get extra income which will be excluding your salary i answered yeah okk as long as i get an extra income no harm. But recently he started yelling at me and tellng me that if you dont do your sales i will show you the way out. I have been cheated by my employer. Its a small company with not much of a profitable business and salary also is not done on time. Now i want to know that can i go to the labour court to say that i have been cheated? As i know i also will be caught guilty. But i want a solution either i get an IT(Hardware) work Visa or i quit the job before my contract ends. Can labour court help me on this or Indian embassy help me on this?

    • Deepak Machado

      Denzil,
      Please contact MOL as your case is a bit complicated.

  • Mira

    I am currently employed in a company here in Sharjah. Initially, I worked with a contract with the company but under my husband’s sponsorship effective sept 2012. My husband was terminated so now I am under my company’s sponsorship effective dec 23, 2014. Until now my husband has not found any job so he’s leaving the UAE and I had to leave to. Im worried thai if i resigned, say next month they will ask me to pay them for the visa expenses. Can they do that. Thank you so much.

  • mohammed

    i joined one company for one month,i wouldn’t like to continue in this job ,what can i do

  • toto makfeesh

    Mister Deepak,

    I already finished my 3 yrs.contract with my company and renewed it for 2 yrs again..10months more to finish the 2 yrs contract..i want to resign to seek a new job.. do i have a ban if i resign? Or do i have a ban if they terminate me?

    • Deepak Machado

      Toto,
      I don’t think you will have a labour ban. If they terminate too, you will have no ban.

  • Marlene

    Hi, I am a GM at a company, i handed in my resignation, however my contract says i have a 3 month notice period that i need to work. is there a way or outcome for this that i can work 2 months instead of completing the 3 months?

    • Deepak Machado

      Marlene,
      I don’t see any way other than agreeing with your company to reduce the notice period.

  • miray

    If i will file complaints against my company who is paying our salary on instalment basis and delayed for 2 months and not on time? what will be the liable actions of mol? i am still unsure since i am still on my fourth month working in this company? i am afraid also with the ban entitled to any employees.

    • Deepak Machado

      Miray,
      I am unable to predict the actions of MOL.

  • BIANCA

    Hi Deepak!

    I have been working as a Receptionist in a hospital under a limited contract for 9 months now with salary of 3,500AED. I am a Registered Nurse in my country but not here in UAE. Now, one engineering company has offered me a secretarial job with a salary of AED5,000. My questions are:
    1. I am a Bachelor’s degree graduate, so should I also face the ban if I intend to shift to the engineering company?(I read the link you posted re avoiding ban)
    2. I am working in a hospital, am I considered as a hospital attendant? If so, does that make me exempted from facing the labor ban?
    Please and thank you.

    • Deepak Machado

      Bianca,
      1. I guess Yes, you will face labour ban.
      2. What is your visa type? What designation you will get in new company and what would be your salary.
      Unique situation you have!

  • William

    Hi Deepak,
    Worked for a company 14 and half years. Terminated me with one month notice period for restructuring,, 28th Jan.2015 was the last working day. But continued to work till 12/02/2015 till somebody came to take duty handover. Hope it contains week end date 13th also. So my notice period should start from 14/02/2015 to 15/03/2015 as I have worked continuously and could not leave the job to find a new job. Now Jan. & Feb salary is on hold which will be paid with the final settlement. Will the pay me till 13/02/2015? I have found a new job now and handed over the work permit and Emirates ID, medical card. Should I sign the cancellation before I see the final settlement records or details? Please advice. Worked in Sharjah/Hamriyah/Dip Dubai, now in Abudhabi. Is there any requirement to join new company in Dubai ?

    • Deepak Machado

      William,
      Yes they have to pay you till the day you have worked.
      Signing papers before receiving compensation is risky.
      I suggest you get the calculation of you end of service from your company officially.
      There is no further requirement to join new company.

  • maken

    hi, i want to know what rights as my company is terminating my contract which was for unlimited time and not even giving notice period or gratuity?

  • ASAD

    Dear, i am a senior accountant and i have given notice period for two month as per my company policy in july-14 to sep-14 but still i am working with this company because my employer have not yet hired any person on my place and keep on telling that i am looking and every month he is giving me salary after 15th and now i am totally fed up with company and today i told him i will not come to office mean resignation without notice period so i just want to know what step company can take against me.

    • Deepak Machado

      Asad,
      If you do not attend office continuously for 7 days without informing your company, they have the right to report you as absconding.

  • bea

    Hello sir. I would like to ask you for advice. I have unlimited labour contract as veterinary general. I started contract 11 november 2014. I would like to finish it after one year and go back to my country. Is it possible that I will give a written resignation letter a month before 11 november 2015 and finish my job after that date? What are the co sequences?
    Thank you very much

    • Deepak Machado

      Bea,
      What kind of contract are you on?
      You could resign. There is no problem.
      You may face labour ban

  • May

    good day

    My company dont canceled me until now and my visa finished last january 22,

    What should i do, im waiting almost one month now just for them to give my settlement.

    • Deepak Machado

      May,
      IF they do not provide your settlement, you will need to approach MOL.

  • bea

    Dear sir. I have unlimited labour contract as veterinary general. I would like to resign from current job and go back to my country. Do I need to wait till one year or can I present a resignation letter even after several months? Because I can find opposite facts about that issue. My contract start november 11 2014. I will be very grateful for your help.

    • Deepak Machado

      Bea,
      There is no restriction of resignations.
      However, upon resignation you may face labour ban.
      But as you are returning back to your home country, I don’t think that will be of any problem to you.

      • khurram

        Dear Deepak,

        In 02 April 2015 i will complete my four years in a company but i got offer letter from other company and they are asking for immediate joining. My question is that can i give immediate resign what ever is the notice period defined by company.My contract is unlimited.

        • Deepak Machado

          Khurram,
          Depends on your company management.
          Your new company should in fact be patient and they should be well aware that every company has notice period.
          Would they relieve an employee immediately?

  • alaa

    i have 3 month notic period ,what happen if i just leave without continuing the 3 month period ?

    • Deepak Machado

      Alaa,
      Depends on what action company will take.
      I am not sure about your company policies.

  • arafath

    Hi deepak,
    i’m working under limited contract,My contract going to expire may 2015,i’m planing to cancel my visa without notice period..is there any ban?and i want to now for limited contract notice period is must r not?

    • Deepak Machado

      Arafath,
      If you complete your contract, there is no ban.
      Notice period depends on whether it is mentioned or not.
      Better to mention it to your company before leaving.

  • raja

    Do an employee, who received termination from company after working 5 years,
    1. needs to continue work in the notice period. if no,
    2. can employer force him to work, and employee refeses.
    3. can the company hold all his benefits.

    please advise soon

    • Deepak Machado

      Raja,
      1. Yes, notice period must be served.
      2. Yes, you need to work.
      3. No, they can not hold benefits if you perform your duties.

  • Brok

    Hi Deepak,

    I’m about to finish my 3o days noticed period from my old company this week and my passport is expiring this April, i have my appointment date this coming week, my concern is, that will affect the cancellation & final settlement since i renewed my passport.

    Please advise.

    • Deepak Machado

      Brok,
      Come to an agreement with your company and process accordingly.
      I guess cancellation can wait. Passport renewal is more important.

  • Ted

    Good afternoon,

    if the company is the will cancel my visa do i need to pay from the company?

    • Deepak Machado

      Ted,
      As per labour law, you need not pay any cost to company.

  • Jeff

    Hi Deepak,

    Iam an electrical engineer working in Dubai under unlimited contract. I have completed 6 months and iam not happy with the stay. Now i have received an offer from other company. I intend to submit my resignation with 1 month notice period as mentioned in my contract. Let me know if there will be any problem in joining the other company.

  • Elsa Morado

    Howw about if my visa labour. Then my contract 2years. Then im only worker in 8months then I want to resign. I have a ban for the labour code.

    • Deepak Machado

      Elsa,
      Yes, labour ban is applicable.

  • Sean

    Dear Sir
    If i signed a contract with a probation period of 6 months to commence on a specified date, but due to the company not being able to secure my visa in time, I was only able to arrive a month later.
    Is my contract from the date allocate on the contract or from actual start date?

  • Hukam sinngh

    Hi, Deeppak M,

    I’m H.singh ,
    I’m so confused , I have given my 3 months notice period on (5th Jan2015 to 5th,April,2015 ) although i want to leave company after one month( which is already over till date) i have been asked to the company , even i’m ready to pay the all costs but they are not agreed, kindly suggest me what should i do now ??? anyhow i want to leave the company, is it possible to get terminated(without going at work) ..if yes …will i able to receive any kinda ban to work within the country in future?? and after the terminations within how many days ..the company is able to send me …. kindly suggest me also if i want to go without cancellation or terminations of my contract so in that situation what kinda offences will be took place again the labor law???

    looking forward for valuable suggestions

    • Deepak Machado

      Hukam,
      If you have agreed in your contract to provide 3 month notice period, you should abide by it.
      But if not, company may ask for extension of notice period. It is up to you.
      I do not recommend going without cancellation.
      If you complete your contract, there will be no labour ban.

  • daisy

    i am current employed as waitress here in fujairah UAE and i have 2 years visa contract. i want to make resign but im not yet finish my 2 years contract i have 3months more balance because i have some problem with my manager but i want to find another job.i passed my resignation letter but they refuse to sign my general manager telling he dont like like this letter and telling me to write another letter saying that i only want to go in my country thats why i want to make cancel.my problem is they want me to sign the paper but i dont understand what written there it was arabic words and i ask if they can give me copy but they refuse to give.what would be my next step .i will sign or not because i dont understand.thank you

    • daisy

      and two more things sir, they will not give my passport unless im showing them ticket going back to our country.now im not working im waiting for there response. hope you can guide me what to do sir..

      and how many months ban i recieve..

      • Deepak Machado

        Daisy,
        Your passport is your property. No one can refuse to keep it.
        However, employer has the right to make sure that you exit the country.
        You will have 6 month labour ban.

    • Deepak Machado

      Daisy,
      IF you do not understand, get it translated and do not sign if you do not agree to what is written.

  • Akbar M

    I am employed under an unlimited contract with a civil engineers visa. As per contract I am in my notice period of thirty days after the resignation. The company however does not want me to complete my notice period. In this case am I entitled to receive the full 30 day salary or till the point they closed my time sheet?

    • Deepak Machado

      Akbar,
      Yes, you are entitled for full 30 day pay as per your contract notice period.

  • Ted

    Dear Deepak,

    my company does not want to accept may resignation letter it’s been already 9 days but they’re not cancelling my visa. he said no need for resignation letter. and they’re still not giving me my last month salary. and he said he will give my salary on labour office? because in labour says no need to go to labour office to settle salaries unless you have any complain against the company and i don’t have any compalin for them. is it legal?

  • karthik

    I have joined a company with unlimited contract on July 2014, I have finished 6 months, At the time of joining i have signed offer letter mentioning that i have to give 3 months notice period, But in my original labor contract it is mentioned One(1) month notice period.

    I have given resignation with 1 month notice period, But my company is asking me to give 3 months notice or to pay 3 months salary.

    If my company does not release my after 1 month, So i need to pay 3 months salary, If i will not pay that amount what will be possible consequences legally. Please Suggest…

    • Deepak Machado

      Karthik,
      You can go as per labour contract.

      • Reddy

        Will there will be any legal problems if i will not give 3 months notice.

        • Deepak Machado

          Reddy,
          If your contract states that you have to provide 3 month notice, then you should.
          Company may not release you till then.

      • Kuthbudeen

        Hi,Mr.Deepak I Need Clarification,That i Working in a company as a Administrator.My Salary Is 3500 AED.I’m in Unlimited contract.Now,I completed my 8 Months.But,i don’t want to continue with this job.Is it possible to get a new job for me.I need your advice

        NOTE: I’m not a graduate,I only completed my Degree(BE).But,I have some backlogs that mean Not consider me as a graduate.Honestly I’m telling you that i finished only my higher secondary..What should i do.

  • Hello,
    I’m on unlimited contract. Will complete 2years on 11March 2015
    I have tow questions please
    – if I submit resignation by 11 Feb will and serve one month notice till 11 March – will I still recive a labour ban?
    – my contract is unlimited , company doesnt know my intention to resign and currently they are renwing my visa and labour contract will this have implication (just renwing visa and labour contract then resign?
    Many thanks

    • Deepak Machado

      Sara,
      1. No, you will not receive labour ban.
      2. Tender your resignation prior to submitting any documents for processing visa renewal.

  • Ted

    how about if i found a another company? they were still send me home?

    • Deepak Machado

      Ted,
      Yes, possible. Requesting your company may help.

      • Ted

        why my company doesn’t want to accept may resignation letter he no need letter. he’ll just cancel me. and he he will give my salary on labour office? is it legal?

        • Deepak Machado

          Ted,
          It’s up to the company!!

  • Nitesh Marwaha

    Dear Deepak
    I’ve been working under a 2-year limited contract since Jan 6th, 2014.
    My total salary mentioned in the contract is AED 3000 (basic 1500). Now I’ve got an offer with an all-inclusive AED 12000. This company is also llc. I’ve accepted the offer and now I need to resign. How much notice period do i need to give? is it possible without notice period as i want to leave asap? Can my employer put employment ban on me?

    • Deepak Machado

      Nitesh,
      Notice period is as per your labour contract. IF your current employer agrees, you may leave immediately.
      Since your salary is 12K, I don’t think you will have labour ban.

  • Ted

    i finish already my 6months for the company now i want to cancel my visa, but the company told me that i need to pay 4000aed + 1 month salary and when i’m asking which part of the rule that do i need to pay the 4000 he can’t answer anything. and i did not sign any internal contract that says i will pay them if i cancel my visa.

    Question: is there a really a rule that is saying that i need to pay the company after 6months?

    • Deepak Machado

      Ted,
      Company is not supposed to ask such expenses. It is illegal.
      Read: http://emiratesdiary.com/uae-labour-law-2/reader-mailbag-pay-visa-costs-resign

      • Ted

        And also i am asking them if they will give my salary this month. that is for the month of January. they said they will think about it.

        Question: should the company give me my salary for the month of January 2015?

        • Deepak Machado

          Ted,
          Company should pay salaries for each day till the employee is employed legally with them.

          • Ted

            is there a certain rule that if they cancel may contract they need to send me to my home country? because they told me that we will cancel your visa and we’ll buy you ticket. what’s that mean? i cannot find another job? i still have my grace period for 1 month right?

            • Deepak Machado

              Ted,
              yes, companies can insist that you return to home country because if you stay here more than the grace period, the company may get into trouble.

  • Amor Imeri

    Dear Ministry of Labour,

    I’ve signed a contract with company from Dubai on 11th of January and I have worked till 31th of the same month. My signed salary was 4500 AED, and for those 20 days I got around 3000 AED. But on 31th Jan. I received a bad news from back home, my mother ended up in hospital and I urgently wanted to get back to her. But when I came to the office to inform that I have a need to go back home, In-house recruiter tricked me and took my passport which I had with me, she said just to cancel my visa, which I didn’t get yet, and than she told me that I can leave only if I pay 5550 AED of what, I don’t know! Now I got my passport with them and I dont have that kind of money with me, and in the company say they dont care and they dont even wan’t to give me the bill to see what am I suppose to pay.

    Please can you help me in some way, as soon as possible!

    Best Regards and I hope to your respond

    • Deepak Machado

      Amor,
      Please lodge a complaint with MOL asap. Call their call centre: 800-MOL
      They will help you with this situation.

  • Lyn

    Hi mr deepak,

    I have been working for this company for 2years and 9 months on unlimited contract. I submitted my resignation yesterday would it be possible i could request them to cancel me right away? Because i found a new job and they want me start as soon as possible. Even if i pay my 1 month salary because thats whats in the law. My new employer is telling me he has a visa already and it will only need to change the name he can process my visa within 3 days. Is this possible?
    1. How long does a cancellation take?
    2. Will i have a ban?
    3. Does my new employer telling the truth about a visa ( he has one and only needs to change the name because tghe one he hired didnt come back) is this possible?

    Please help me. I have doubt but i already submitted my resignation letter.

  • Raj

    I am currently employed in Dubai and have completed 2 Years with my company. My Labour Card had expired on Dec 4th 2014.. Also my visa on passport is getting expired on 14th Jan, 2015. Hope after 14th January i can stay in dubai under grace period of 30 days. On 11th Jan i received a new job offer with better salary than previous one . Now i want to get my visa cancelled to join the new job…by showing 30 days notice period to the pervious company.

    My question is if the company delay in cancelling my visa within the 30 days grace period..will there be any ban for me or can i overstay in dubai…and if so how long.

    • Deepak Machado

      Raj,
      I don’t think it will result in any ban as you have completed your contract. But make sure to inform your company not to renew your contract and visa.

  • mehabbo kp

    Dear sir,
    i can’t claim for last six month salary? They terminate mě befre still not Cancelled ? Plz reply

    • Deepak Machado

      Mehabbo,
      If you have not worked how could you claim salary?
      You will have to approach MOL to complain against non cancellation.

  • mehabbo kp

    I have worked in dubai based company almost 1.5 year,after my annual leave i came late,the company trrminate mě from service .almost 7 monty im staying in room ,they are not Cancelled yet.now i ask them from cancellation and my finał settlment .they are not ready to pay final settlemt.Wht benefiT i have to gEt frm company? Plz advise.im planning to make a labour complamit.plz reply

    • Deepak Machado

      Mehboob,
      You are entitled for gratuity as per law.

  • Name (required)

    my labour contract finishes 26 march and emrites id is valid till 15 may so how ling can i stay in this country

  • sya

    Dear Mr. Deepak

    I am now employed to a unlimited labor contract company for 3 months. And i want to resign what possible consequences can i have?

    • Deepak Machado

      Sya,
      You will have a labour ban.

  • Francis

    Dear Mr. Deepak,

    My Visa expired 25 November and my Labour card expired 17 December 2014.

    I have ask MOL but told me to wait for 1 week.

    Can you advise me if I should continue to work or stop as I do not want to work but my company is forcing me to work until 10 Jan 2015. Though I have informed them 3 months back that I will not be renewing my contract with them. Please advise

    • Deepak Machado

      Francis,
      companies can not force employees to work after the contract has ended.

  • Carla

    Hi Deepak!

    I have checked my contract again regarding my employment contract. And according to what I have signed, I have 1 month notice period if I want to resign from my job. I already submitted my resignation letter last December 10 cause I’ve found a new company that will process my license and give me more salary than in what I am receiving right now. Our branch supervisor signed and stamped it as soon as I submit it to her. I am a nurse under unlimited contract, haven’t finished my 2 years contract yet but already rendered 1 year and 1 month service. My questions are,

    1. Will I still get a ban even if I’m a nurse under unlimited contract, and rendered 1 year and 1 month service?
    2. What if my current employer doesn’t want me to release or cancel my visa after 1 month of notice period and even if they signed and stamped already my resignation letter?
    3. And lastly, the only reason on why I’m going to leave my current job is that it’s been a year that she’s not doing my license and my job description is different with what I am doing right now. Must I go to the Ministry of Labour for some better clarrification?

    Thank you!

  • Kris

    Hello, good day!

    I recently resigned from a certain company here in Abu Dhabi and I submitted a notice 30 days like every body else. I properly endorsed my work and trained the new employees that will take over my job. On my final settlement, they were asking me to pay for a very huge amount saying that it is for the payment for the money they spent for my visa, medical and training. So basically it’s like I worked 30 days for free.

    I reviewed my labor and company contract as well as our employee handbook and it was never stated there that I would have to pay for that amount. And now they don’t want to release my payment in full.

    I honestly don’t know how to proceed from here. Can you please help me?

  • Mashud

    Dear Mr Deepak

    i got a job in another company, signed my offer letter and gave my cancellation papers from my previous company to my new company last month 23rd. but still i didnt get my visa and i have only 1 week left to leave uae. i talked to company hr they told me they will call when they recieve my visa. they are telling me not to exit.but my previous company is forcing me to go back to my country. what should i do??

    • Deepak Machado

      Mashud,
      If you stay beyond the days of grace period, you will face a fine of 25 dirhams per day.
      For your current company, it is their responsibility that you don’t overstay in UAE.
      New company wants to save charges of bringing you here again.
      You will have to decide what is best for you!!

  • mashud

    Dear Mr Deepak
    i have been working for a limited contract of 2 years in uae. then i renewed again for another 2 years. i worked in this company for 3 years and 4 months. i gotta another job and i want to leave this company. but the company is not willing to give me my experience certificate. what is the procedure to get my experience certificate??

    • Deepak Machado

      Mashud,
      This entirely is company internal process.

      • Mashud

        but the company doesnt like to give me or any other staff their experience certificate.

        • Deepak Machado

          Mashud,
          They should. They won’t lose anything.

    • Meghana

      Deepak,
      I am on my husband’s visa and working for a company registered in free Zone. My Employment contract is for One year. I gave notice period of 45 days as per the Employment contract where as my offer letter has a notice period of 2 months. My Employer says, my notice period is 2 months, which one should be followed? – Thanks

      • Deepak Machado

        Meghana,
        Contract by JAFZA is to be considered. However, as a matter of ethics, I’d urge you to provide 2 month notice as you would have signed it.

  • CECILIA

    Hi Deepak,
    My labour contract will expired on 8th of January 2015 and my visa expired on Feb 12, 2015. I joined the company 5 November 2012 i already complete 2 years if it will base on my joining date. if i base on my labour contract my 2 years wil be on 8 of january 2015 is it right? When is the right time to give my resignation so i will not get ban?
    Thanks

    • Deepak Machado

      Cecilia,
      Once you finish your contract you may resign. I hope there is a month notice period.
      It’s better to keep the company informed of your resignation in notice period.

      • Anne

        I wanted to resign to my current employer (unlimited contract) because I already have a better offer from a freezone company but my boss is insisting that I have to pay for my 2 months salary plus the visa expenses they have incurrred before he will cancel my visa. What legal actions shall I take from my side?

      • Anne

        I wanted to resign to my current employer under unlimited contract because I already have a better offer from a freezone company but my boss is insisting that I have to pay for my 2 months salary plus the visa expenses they have incurrred before he will cancel my visa. What legal actions shall I take from my side?

  • Mrs. Fay

    Hi, Deepak!
    This is the link about the exemption from 6 months labor ban. uaelaborlaw, under number 14. Termination of Contract. It says:

    A six- month ban is typical and a person who wishes to be reemployed must wait until the period of six months has passed.
    The following categories are exempted from the six-month ban and permitted to transfer their residence visas to a new sponsor:
    (a) Engineers.
    (b) Doctors, Pharmacists and Hospital Attendants.
    (c) Agricultural Instructors.
    (d) Teachers.
    (e) Qualified Accountants and Auditors.
    (f) Qualified Administration officials.
    (g) Technicians in scientific electronics and laboratories.

    • Husain Shabbir

      Hello,

      I am working as Marketing Manager in a Trading firm. My contract was of 2 years but I am planning to leave the organization after the completion of 11th month of total contract period. I need to know whether a 6 month ban is applicable on me or not ?
      My qualifications are:
      BBA (4 years)
      M.B.A (2 years)
      and I have also received an equivalency of M.Phil as well from my university.

      Kindly advise and also suggest how to avoid the ban if any other alternative is applicable in my situation.

  • Mrs. Fay

    Hi, Deepak!
    I have read on the MOL page that teachers are exempted from ban. How does this apply?
    I am working as a teacher, my visa is stamped as a secondary teacher, for an after school learning center. I have been with this company for 8 months now. I got an offer from a private school as a secondary teacher also, offering higher compensation, and wants me to start immediately. My question is, does my present employer have the right to impose a ban on me and make me pay any amount if I decide to resign immediately? How about if I give one month notice period?

    • Deepak Machado

      Mrs.Fay,
      If it is written on MOL page, it must be true.
      Could you send me that link?

  • Nasir

    Hi
    I joined 5 months before in a company on unlimited contract. Now i have got an offer from another firm. Can I resign giving a month notice as per my contract? what liabilities i may have to face.

  • Benedick

    Dear Deepak,

    I am employed in limited contract. But still I am in a probationary period, I just want to ask if ever I do not want to continue before 6 months ends, to transfer in other company, Is there any problem?

    • Deepak Machado
      • sagar paudel

        Mr. Deepak,

        I am working in a company from 30-10-2014 and I want to resign the job now. Please let me know how many days’ notice period I can submit my resignation

        • Deepak Machado

          Sagar,
          Notice period is as per your contract. So please read it.

  • raj

    I am working as doctor in private hospital for last 2.5yrs on limited contract. I renewed my contract 3months back for another 2 years.
    I have now been offered a post in government hospital. I have submitted my resignation.
    my question is
    1. what is the notice period in limited contract as nothing is mentioned in my contract.
    2. Can the labor ban be applicable even if i am moving to government organisation
    3. What happens if my employer doesnt give receipt of my resignation letter.
    Thanks

    • Deepak Machado

      Raj,
      1. Notice period will be as per your contract.
      2. No. For government organisations, labour ban is not applicable.
      3. You should follow up and get the acceptance of resignation in writing.

  • raj

    I am working as doctor in private hospital for last 2.5yrs on limited contract. I renewed my contract 3months back for another 2 years.
    I have now been offered a post in government hospital.
    My question is
    1

  • Asif

    Dear Deepak, how are you? hope you are good in health.
    iam working with a real estate company as Stone Mason in Abu dhabi its my second month here. but i wanna leave for another job, real estate company don’t pay salary just written in offer letter 1000 AED, but they don’t pay actually . if i move to another will i face 6 month ban on me? plz advise. its labour visa right now iam working on

    • Deepak Machado

      Asif,
      You will face automatic labour ban.

  • cha

    I have been working in a private company for more that 7 years now. Last September, I approach my boss and advise him that I plan to leave the company and to go back to my home country for good after my wedding. At first he refused and later he told me to find someone who can do my work and I find one immediately. I make all the turn over for more than one month. I my boss did not give me anything except for my last salary in October 2014. What should I do?

    • Deepak Machado

      Cha,
      You are entitled for gratuity if you have continuously worked for your company.
      Approach MOL and file a complaint that your gratuity is not paid.
      I hope your labour card is not cancelled and also you have not signed any document that you have received the gratuity.

      • Carla

        Hi Deepak! I am currently working as a school nurse in nursery school (private). I am planning to leave from my current job cause it’s been a year that she’s not doing my HAAD license. My question is, is she still going to ban me even if i have been working for 1 year and have an unlimited contract? am i still entitled for gratuity even if i will not finish my contract? If I’m going to pass my resignation letter now, usually, how many month/s of notice period should i wait? how will i know if its 1 month only or 3 months? I hope you can answer all my queries. Thank you so much!

        • Deepak Machado

          Carla,
          First of all, read your employment contract once again. It should have all details regarding your notice period and other issues.
          If you do not complete your contract, there will be automatic ban.

          • Carla

            Hi Deepak!

            I have checked my contract again regarding my employment contract. And according to what I have signed, I have 1 month notice period if I want to resign from my job. I already submitted my resignation letter last December 10 cause I’ve found a new company that will process my license and give me more salary than in what I am receiving right now. Our branch supervisor signed and stamped it as soon as I submit it to her. I am a nurse under unlimited contract, haven’t finished my 2 years contract yet but already rendered 1 year and 1 month service. My questions are,

            1. Will I still get a ban even if I’m a nurse under unlimited contract, and rendered 1 year and 1 month service?
            2. What if my current employer doesn’t want me to release or cancel my visa after 1 month of notice period and even if they signed and stamped already my resignation letter?
            3. And lastly, the only reason on why I’m going to leave my current job is that it’s been a year that she’s not doing my license and my job description is different with what I am doing right now. Must I go to the Ministry of Labour for some better clarrification?

            Thank you!

            • Deepak Machado

              Carla,
              1. I don’t think you will have a ban as your category is professional.
              2. That is a remote possibility.
              3. Better to do that.

  • GJG

    We have an employee who left the company prior to completing his 6-month probation period. He properly tendered his resignation and stated his purpose for doing so. His offer letter did not talk anything about bans or payment that he has to make if he decides to leave during his probation period.

    Our HR made him pay a percentage of recruitment and VISA fees (totaling to about AED10K), so the company “would not impose a 1-year ban” against him. He paid the amount and based on our records, it says “Miscellaneous Deductions.” Was this legal? Would appreciate your prompt response.

    • Deepak Machado

      Gjg,
      I can not comment on how your company classifies internal expenses in your systems.
      However, note that, if the employee has willingly paid the amount, then there should be no problem.

  • Vinoth

    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

    • Deepak Machado

      Vinoth,
      Nothing like that.
      The salary mentioned in the contract needs to be paid.

  • Ragesh

    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.

  • razim

    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 ?

  • Belinda

    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!

    • Deepak Machado

      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.

  • gaurav suneja

    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.

    • Deepak Machado

      Gaurav,
      Yes you can go to any country as long as you have valid documents.

  • jennifer

    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?

    • Deepak Machado

      Jennifer,
      Depends on what is mentioned in your offer letter!

  • Donot want to mention

    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.

    • Deepak Machado

      You have to give notice as per law.
      Company can not reject.

  • Joao

    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

    • Deepak Machado

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

  • Veronika

    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

    • Deepak Machado

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

  • nik

    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?

    • Deepak Machado

      Nik,
      depends on what is on your contract.

  • Kalees

    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!

    • Deepak Machado

      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.

  • Darioza

    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?

    • Deepak Machado

      Darioza,
      No, these are not considered.

      • Darioza

        So, I’m still supposed to receive the three month compensation, correct?

  • Renalyn

    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…

    • Deepak Machado

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

  • nhix

    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!

    • Deepak Machado

      Nhix,
      You will face ban for 6 months.
      If you join Freezone, you will not have labour ban.
      Read: http://emiratesdiary.com/uae-tips/types-bans-uae

      • jayson

        hi mr. deepak. i am under a unlimited visa and this coming nov. 13 is my 2 years of serving my job and i want to leave.. and my boss ask mo to send a resignation letter is that the real way to process it because i am going to finish 2 years of service in my job…

        • Deepak Machado

          Jayson,
          Yes you will need to resign officially through a letter.

          • jayson

            even i finish two years??? ok thank you so much….

  • Michael Miranda

    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.

    • Deepak Machado

      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.

  • Mandar

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

    • Deepak Machado

      Mandar,
      What type of contract are you under?

  • aisha

    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.

    • Deepak Machado

      Aisha,
      Please approach MOL in this regard, as this is serious offence.

  • Rosh

    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.

    • Deepak Machado

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

  • Beatriz fernanda

    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

    • Deepak Machado

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

  • rona mae

    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.

  • ganesh

    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??

    • Deepak Machado

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

  • rona

    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.

    • Deepak Machado

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

  • mashel

    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

    • Deepak Machado

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

  • Sanyukon

    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?

    • Deepak Machado

      Sanyukon,
      You may file complaint with MOL.

  • tine

    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

  • [email protected].com

    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

    • Deepak Machado

      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.

  • Stephen Amoako

    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

  • unnikrishnan

    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

    • Deepak Machado

      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.

  • chie

    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.

  • hayat

    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 …

  • syed jabbar

    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.????

  • Ram Chandar

    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?

  • Nizan

    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?

    • Deepak Machado

      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.

  • JL

    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?

    • Deepak Machado

      JL,
      under MOL, you will receive ban for 6 months if your labour approval is processed. To avoid ban, read: http://emiratesdiary.com/jobs-in-uae-2/how-to-avoid-6-months-labour-ban-in-dubai-uae

      • JL

        I did not yet sign any contract with the company. Does that exclude me from being banned?

        • Deepak Machado

          JL,
          Have they applied for your Labour Approval?

          • JL

            Not yet. They will process my resident’s visa once i have finished my medical, emirates id and all. Then that’s the time they will hand over to me the contract. Plus they require me to surrender my passport. Isn’t that illegal?

  • Louie

    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.

  • Jan

    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.

  • Niyas

    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.

    • Deepak Machado

      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?

      • Niyas

        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.

        • Deepak Machado

          Niyas,
          That’s sad. Better to enquire with MOL regarding this.

  • rashid

    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.

  • MUHAMED MUSTHAFA

    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?

  • Louie

    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!

  • Reem

    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.

    • Reem

      Meant to say that i am finishing 1 year and 6 months.

      • Deepak Machado

        I don’t get what you are trying to say!

  • Mohammed

    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.

    • Deepak Machado

      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

  • shafqat

    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

    • Deepak Machado

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

  • Wilson

    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?

    • Deepak Machado

      You need to have a certificate. In any case you can try it

  • arlene

    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?

    • Martin

      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.

  • upul balasuriya

    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

  • ading

    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

  • Baski

    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

  • Louie

    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?

    • Deepak Machado

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

  • chi lucio

    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?

    • Deepak M

      Sorry i have no idea. However it is depend on your agreement

      • narayanamurthy

        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

        • Deepak

          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?

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