Reader Mailbag: Notice period Unlimited contract

Notice period Unlimited contract

Emails: 20-10-2013 to 23-10-2013

Question 1:I have worked during the notice period of one month after I have submitted my resignation letter…And after the notice period has expired, my employer asked for an extension of the notice period without any reason. Shall he have the right to do the same?

The employer may extent the notice period after the worker has completed his work in that period, but the same should be under the consent of both parties.

Question 2: I have submitted my resignation letter to my employer, knowing that I am working under Unlimited labour contract besides, we have already, me and my employer agreed to reduce the notice period, what shall be my legal position in such a case?

The one-month notice period may neither be reduced nor may the month period be relieved from even if the same has happened under the consent of both parties… but the respite period may be increased, (the month notice)

Question 3: How can the month notice allowance be calculated if the worker has submitted his resignation letter or if the employer has terminated the service of the worker…and the worker has already done his duties during the said period?

 It shall be calculated based on the last salary received by the worker.

Question 4: I have worked with my employer for a period of one year under a labour contract of unlimited period, yet I have submitted my resignation letter…and I have worked during the notice period of one month, but it was stipulated in my labour contract that if I submitted my resignation, I should work for 3 mont as a notice period….Do I need to be bound to such condition?

Yes, the labor should be bound to the one month notice period, (3 months), if his contract so requires

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Deepak is a passionate blogger with interests in bitcoin, online marketing, and writing.
  • i did not sign my labour contract, i was having a employment visa, my passport is in my company. i dont want to work anymore i just want to go home. i complain in the labour and they just close my case they inform me to resign and have one month notice period. i just work there for 10 days on after coming in kish. if i resign immediately without notice do i need to pay them? the company wants me to pay 4500 for their expenses like my medical application fee and emirates id along with the ticket going to kish do you think is it too much? help me

  • Hi,
    I have been cheated by One of the Bangalore company who sent me to Dubai to do some engineering work in an Australian Big Company.
    The visa Sponsered by some Unknown company and I was working in some other company. I came to know that is illegal and started refusing to work. He had given me as a Labor designation but i am a graduate. He did forgery in all my documents like labor cards and emirates id forms without my knowledge. He was holding my passport for more than 2 months by saying visa is processing and my bangalore company is not paying his fee for visa process. As per my knowledge Both the companies are doing illegal work.
    He was not ready to cancel my visa so I gave complaint at Ministry of Labor. then he came and cancelled my visa and i exited.
    Now I have to Sharja airport freezone company job. But my visa is getting rejected at abudhabi security clearance.
    IS it possible for him to put any ban or any fraud/cheating case against me after my visa cancellation and exit.
    Now the old PRO is not at all responding for my calls. I am not getting any solution, Can I take visit visa to enter UAE?
    Some one is saying I will be Caught by police in the airport.
    Is that true? Please help me
    Now I am in India and lost my SAIF zone Job due to these issues.
    But I must re-enter UAE. Please guide me?
    My Number is 919845545245 and

  • Idont know which I will follow

    On my labour i.d the expiry date is december 10,2014

    On my signed contract is January 19, 2015

    And on my passport visa is February 13, 2015..

    What would I do..

  • Hi im a nurse under limited contract of 2 years,i already finish my 1.5 years of service and i received a good offer from freezone and immidiately submit my resignation letter but our HR ask told me to pay 3months of my salary as labor fine,our PRO said 45 days basic salary,i called labor said 45 days full salary,i read 1 article of labor law said 1month and half of basis salary or remaining period of contract,whichever is less, my friend who is in the same situation said he did not pay anything when he transfered to freezone. I am so confused which i will follow,pls advice and where should i pay for the fine,is it in labor office or to the company.thanx

  • Hi Deepak
    I just want to ask about visa cancellationi have a contract with my company for 2 years i renewed it after more than 3 years i decided to resign because i got a new offer from a different company i’ve given them my 1 month notice. Right now its been 23 days i they still did not cancel my visa i already signed a contract with the new company and i can’t start working because my company is just not doing anything to get my visa cancelled so how long does it have to take for my visa to get cancelled is it just a few days or should it take a month? Please lend me your help thank you

  • I am working in hotel, i am planning to resign this March but my employer renewed my visa last November 2014 and i was wondering if i have to pay the visa expenses. I am working to this hotel for 6 years and 5 months.

  • HI i am into a situation where my company is not paying me regular salary, there are just delaying the salary and paying salary as per the wish, i have worked for last 5 month with them and i am under free zone under unlimited contract.
    I have putten down my resignation then they cleared few month salary still my 2 Month salary is due, now i am coming to end of my 1 month Notice period , but my employer is telling me to complete one project which is coming to last for next 4 month.
    I am determined to leave.

    Request you to please suggest what Option i have so that i get proper relieving and my dues clear from the employee. i am willing to go back to my country after this.

    • Amit,
      Companies can not delay salaries.
      You will have to complain with the relevant free zone authorities.
      Currently, I see that you have not option but to wait for company to relieve you since you have already resigned.
      Better to exit with good terms with the company.

  • i resign already in my company, and my visa is cancelled already but i have 12 days remaining for my 1month notice. Do i still need to work to the company of the remaining days even if they cancelled already my visa?

  • i am working in a private hospital in sharjah as a staff nurse in my husband visa.my contract is unlimited made on 22/05/2013 (MB134246174AE).resignation 3 months notice peroid in my contract.i completed 2 years.i got job in dubai health authority.i given 3 months resignation and they accepted .1 month finished on 02/04/2015.now dubai health authority people telling before 23/04/2015(within 2 months) i should join.
    my current salary is 5500dh.offered salary is 9000dh.i spoke my hospital people to reduce the notice peroid but they refused.i am redy to pay back money but they are refusing.

    1.if i will leave before my resignatin peroid any problem for me?
    2. can they apply immigration ban for me?
    3.after joined dha can they tell complete the notice peroid?
    3. what is the solution for me?

    • Geena,
      1. May be they will not cancel your labour approval.
      2. Not sure about this.
      3. No.
      4. Solution is to convince your employer to reduce notice period. On the other hand new company should understand and respect current employer’s rules.

  • Hi,
    I have been working for 7 years and 7 months. now. I got termination and notice was given to me for 1 month (14 April to 14 May 2015). How can I calculate my gratuity? Is it calculated for 21 days or 30 days. And from the start I am getting my leave salary only the basic, housing allowance is not given. When I will get my settlement is there a chance to get my housing allowance for the past 7 years?
    Appreciate your reply. Thanks.

      • Thanks Deepak M. But what about the Leave Salary? The company gave me only the basic salary (3000) for the past 7 years whenever I am going for an Annual Leave. I’m getting 4500 monthly (3000 + 1500 Housing Allo).
        Appreciate your reply.

        Thanks again.

    • Hi,

      I have joined a company in Dubai and worked for 48 days, my visa was approved, but not stamped on my passport, which was submitted along with my photographs, and I disagree to continue and request to cancel my visa, now the company cancelled my approved visa, but asks me to bear amount of aed 4700/-aprox,
      i’m in visit visa and worked so far, and received stipend for 45 days.

      on 2nd may the I signed the offer letter and on the same evening i mailed them, that i won’t be able to continue further.

      Is the visa charges and cancellation comes to 4700/- ?

      Please help..

      Regards,

      kumar

  • I am under limited contract and finished for two years. My contract was finished april 12,2015. I send a letter april 11 that i want to renew with his company with the salary of 7000 as per our verbal conversation, because they said they will send me a letter that i will sign about my increment. But until the april 12, the last day of my duty they did not send me letter about my increment. April 13 early in the morning i send again a letter thru fax and email that i will not renew with his company. I’ ll finished my contract april 12, i did not come to work after april 12. Because my contract is already finished. April 16 my boss replied with my email and requested to come in the office to talk about my cancellation. But when came in his office he want me make letter that i am not able to work with other company. For almost two months i am not yet cancelled. My case now is in the court. Is my boss have a chance to give me a 1 year ban?

  • i join a new compeny before one month but i want to leave this job because i got a better offer from this job and my medical is done so if i leave this job now there will be any ban or some thing eles

  • I been working in Al-wael company for 2yrs. Shop name is JungleJuice.. after that i renew. but suddenly when the time i renew they change my company to Wadi alfawakh company. Visa Issue May 11, 2015 until now im still working here.. now im planning to change my work and company and iam now waiting for my offer letter.. my question is if i resign do i get ban?

  • Hi Mr Deepak

    I”m working in unlimited contract and I already finished my 2 yrs contract then I passed my resignation because I found a good opportunity and also finished my 1 month notice and it is already 1 week and still my employer did not cancel my visa because of many reason can you please help me what is my rights and what should I do.

    • 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

  • Hi,

    Im working in a company for the past 19 months. My visa contract is for 2 years, and now due to some personal problems i gave my resignation. But they are asking me for money for the visa expenses. Should i pay them or not, im really confused please help me.

  • Dear Mr.Deepak,

    Appreciate your efforts
    .
    Its been 15months i worked in a company,last month i got a better offer from one of the company in freezone.i submitted my resignation letter to hr n gave 1month notice period but they asked me To stop working on 2nd day of my notice period.now my question is under uae labor law will i be payed till the cancellation of my visa or whole of notice period or till the last day of my service??

  • My previous work here in u.ae done in 2yrs..now i hve new job in sofitel hotel until now im working 8 months..i want to resign? Question is giving ban ?

    • Catherine,
      There may not be labour ban as hotel visas/labour contracts are usually not through MOL.

  • Hi Mr deepak
    I would like to file a case in the mol regarding to my company because they are not following the uae labour law. Ive been here in the company for almost 8mos. Will the company have the right to banned me for 1year? If I still to pursue the case about them

  • Hi,

    I am under unlimited contract. I’ve started in this company Jan 2015 but in my passport the stamped visa is March 5, 2015. Now I want to resign because they don’t pay wages on time and they are giving immediate termination to the new employees without any valid reason at all.

    I wanted to pass immediate resignation since I have an offer in a freezone area in a week but they are asking me to pay my one month salary and the visa.

    I want to know if this is okay and should I pay the full visa since I am working for more than 6 mos now?

    Please advise.

  • Hi Mr Deepak,

    Appreciate your effort answering labour questions.

    I was employed May 2015 and planning to leave the company before my probationary period, I already informed my employer regarding this, but my employer ask me to stay until January 2016 and finish the project. My question is, will there be any labour ban if I will not finish 1 year from my current employer or shall I insist that I will leave the company prior to my 6 months probationary period?

    Thanks in advance.

  • sir, before I turned in dubai, I came here on August 15, 2015 and terminated me september 28, 2015 with no proof to me, if I said I worked closely with my enemies, and I was told he workmate not true, I had to lose jobs, and convinced the manager I was told when I work, they have no proof that showed me. So I said to my manager why do not you check out the CCTV to you to know how much I’m doing while I’m on duty. and so you also have to actually stealing my toys while you’re in the duty. and more favorable view for me, if what I am doing really. rather believe you immediately say when I work, I even slandered me to lose a job. and the store manager immediately said he would email to our agency, which said the email “im stealing toys from the store”. which they do not reflect the evidence or proof, if my colleague just said. and the next day I reported to our agency office to explain or argue that spurious manager emailed me because they saw me. just me and said we could not because it persuade the email they receive. and said the agency would be searched when they saw me work, in other words they can not find work for me. So far the agency said without me. they just do it for me they canceled my visa, to return to the Philippines. and I stay here without allowance, because they said to me no work no pay. They just left me, and my salary is not given me to hold in my agency. sir What should I do with my case.

  • Hi,
    I would like to ask if i resign from my current company after a year (unlimited contract) with designation as secretary? Will i still get ban?
    My boss promised me the time of my interview to give me insurance.. till now (8months) still not applied.. they always ask me to work even holiday or off day but not compensated…Working for tender till 1-2am… even i work for them not feeling well and finished it.. will get bad comments from the wife of my boss just because i missed the call as im taking rest (not office hour) .. really demoralizing.. u feel that all your hardworks is worthless…

    Pls advise

  • Hi Mr Deepak,

    I have been working almost 3 years with the current employer under unlimited contract.on 31/12/2015 i gave my resignation with 30 days notice period, since i got a new job offer.
    i want to join new employer on 1/02/2016(since my notice period finish by 31/01/2016)
    but my my current company has not started processing resignation, they are saying that they would start Visa cancellation after completion of 30 days notice period.
    but i want to join new company on 01/02/2016.
    what is my legal position.
    Please advise.

  • Dear.sir/madam

    I am working in uae 1year complete .now i get new job
    another campanies i have to leave my fist campania .
    Point is i given my registration letter bt i don’t have any
    Comfomaition letter . Now what too do ? By rules

  • As per UAE Labour Law, is the date on the Letter of Termination count as the 1st day of the 30 day notice period?

    For example if you are given the Letter of Termination at 4pm on 1st May then is the last day of the 30 day notice period on 30th May or shall it be 31st May?

  • Sir, I had worked in my company for 2 yrs , which was my contract period, I resigned by giving 1 month notice also, now it’s been 1 month after my last working day but still my employer had not paid me my dues they had not given me my passport they had not cancelled my visa and also not arranged my ticket to go back home, as they mentioned in the contract, they are delaying, So I just wanna know that how much time should a employer should take for all these work according to UAE labor laws.

  • Hi I want to know if I resigned without completed of my 3 year of contact how much I have to pay to my company and also I finished one year should I pay or not to them ?

  • Hello deepak,
    I am presently on vacation from 15 august – 14 September. Right now i have health challenge issue which was just discovered and need very close monitory and family ask me to resign for proper treatment. I am a bachelors holder with hospital and i have worked just 10 months with my company out of 2yrs limited contract. Please can i automatically resign without me present? and will i have tom pay anything to my company? Kindly clarify me pls.

    Thanks alot.

  • Mr Deepak

    I just joined a company last july and eversince then, the company has been delaying the pay for staff every month. With this, i decided to resign end of September. Since i was still under probation period, I was adviced that i only need to serve 24hr notice to the company. Everything went well and my resignation was accepted, however after I went back to HR, they told me that i need to pay 5000aed for the recruitment and visa. I was hired locally and i believe this recruitment fee can only be charged to people that are hired overseas or thru recruitment agencies. What can be my claim on this since they dont want to release my passport until i paid the said dues and my next employer overseas has been waiting for my response as to when i can schedule my flight to join them.

    Please advise me on what to do