New Labour Law Rules 764 (2016): Standard Offer Letters and Contracts

Employment Contracts / Offer Letters – Standardised 

The new UAE Labour Law rules have been met with a lot of positive feelings from employees. In their latest release of Labour Law Resolutions, Ministry of Labour has tried to cover 3 important aspects of Employment:

  1. Ministerial Decree 764: Standard Work Contracts
  2. Ministerial Decree 765: Termination of Limited Contract and Unlimited Contract
  3. Ministerial Decree 766: Granting of New Work Permits 

In this post, I will try and explain the Point number 1: Standard Work Contracts.

Why this Resolution?

In the past when an employer wanted to hire prospective employees, they would interview them and present Offer Letter to hire them. The employee would come to UAE (if outside UAE), and rest of the formalities like Labour Contract, Employment visas etc were completed.

However, certain employers had a nifty tactic up their sleeves. They would provide an offer letter to an employee. Once they had resigned from their posts with the current employer or had come to UAE trusting upon the offer letter they had been offered, the employer would change the terms in the offer letter like Salary, Designation and other benefits and vital details. Employees who had already resigned or had already arrived in UAE would have nowhere to go besides accepting the terms of the ‘new employment contract.’

I had received several queries from readers with regard to such cheating and violations from their companies. I on my part had called and informed MOL about this practice. I reckon MOL would have also received thousands of similar complaints and they have come up with a right solution to address the issue.

Extract from the Ministerial Resolution 764:

Ministerial decree (764) of 2015 on Ministry of Labour-approved Standard Employment Contracts

The Minister of Labour:

Upon consulting Federal Law (8) of 1980 and its amendments governing labour relations; and Council of Ministers’ Decree (40) of 2014 on fees and penalties associated with Ministry of Labour provided services.

Decrees:
Article (1)

The employment contract specimen is henceforth adopted for use as a Standard Employment Contract. Tentative approval to admit a foreign worker for the purpose of employment in the UAE cannot be granted until an employment offer that conforms with the Standard Employment Contract is presented to and duly signed by the worker.

Article (2)

If the worker is in the UAE, the worker must duly sign the employment offer, as stipulated in Article (1) before the employer applies for tentative approval to employ the worker.

Article (3)

The Standard Employment Contract referenced in Article (1) must be used upon renewing contracts that are in force prior to the issuance of this Decree.

Article (4)

The employer must retrieve from the Ministry system a standard contract that captures exactly the terms of the employment offer and obtain the worker’s signature on the contract prior to presenting the contract for registration with the Ministry. No alteration or substitution of terms may be entered unless such alteration or substitution benefits the worker and after the alteration or substitution is approved by both the worker and the Ministry.

Article (5)

No new clauses may be added to the Standard Contract referenced in Article (1) unless they are consistent and compliant with the Ministry’s legal requirements, do not conflict with other clauses of the Standard Contract and are approved by the Ministry.

Article (6)

This Decree shall be published in the Official Gazette and become effective on January 1, 2016.

By Saqr Ghobash, Minister of Labour
Issued in Abu Dhabi on September 27, 2015

———————————————————–

Now, MOL through the New Labour Law Ministerial Resolution have issued the new directive that the Offer Letter have to be in a proper format as provided by the MOL and the Offer Letters will need to be registered with MOL. Once the employee is ready to join the company, the offer letter would also serve as a labour contract. The offer letter needs to be signed by the employee. MOL will not accept any tentative employment approvals for expatriates until the Offer Letter is as per the Employment Contract Template as provided by MOL.

From the effective date, upon renewing the contract, the new Employment Contract template must be used.

The Employment Contract must capture all terms as in the Employment offer Letter. There can be no alteration, substitution of Terms of the Offer Letter when it is converted into Employment Contract. If there needs to changes, it must be approved by MOL.

The companies can not add new clauses and terms to the offer letter/employment contract that are in violation to other clauses in the contract.

Here we can see that the MOL is taking right steps in protecting the interests of employees to make the process of Employment Contract much transparent so it helps the economy as a whole and also puts candidates, employees at ease.

What do you feel about this? Let me know at: http://forum.emiratesdiary.com

About Deepak 509 Articles
Deepak is a passionate blogger with interests in bitcoin, online marketing, and writing.
  • HI DEEPAK ,
    IAM JONING MY COMPANY DATE LAST MONTH 6 SEP.THEN I WONT TO LEAVE THIS COMPANY BEFORE 13 OCT.COMPANY STILL NOT APPLY MEDICAL AND EMIRATES ID PLEASE LET ME KNOW MY VISA FINISH LAST DATE 13 OCT EMPLOY VISA

  • Hi Deepak
    I joined one company herein UAE on employment visa last year 2016Sep to Sep 2018 now due to financial issue its being closed..In spite of our several request we have not got our last 10 month salary. Company has not cancel our visa. Company trade license is being not renewed till now. Please advice me how and what relief I can get.. Completely disappointed.

  • If you have limited contract, you have to pay 45 day compensation to the company.
    But visa costs are not supposed to be paid/reimbursed by employee.

    • Hi im working in hospital and my limited contract will end on 26th of august. Last month i signed an offer letter which is unlimited with 3 months notice. Now i wish not to renew my contract and withdraw the offer letter i signed. Should i pay 45 days because i wasn’t able to give 1 month notice or i will pay 3 months, because tge new offer letter was 3 months notice. Because they’re asking me to pay for 3 months if i will kot renew

    • 6 month after if we 4th and 5th skills labors limited contret resign to pay 45 day compensation to company compani will can give labor ben or not sir

  • Hello

    I am new to the UAE market and new to MOL. I want to have a clear idea on the salary. What is the percentage distribution between basic salary and allowance. I have read in places that it should comply with the 60-40 rule. Is it true? Also is a limited contract better or unlimited contract? Can you please highlight the perks and downs of both since I have an option of choosing.

    Kind Regards,
    Injila

    • There is no definite rule of percentage between basic salary and allowances. Ideally it should be 60:40.
      But you must aim for higher basic salary as your Gratuity will be calculated based on this.

  • Hi Deepak

    I have recently been terminated from my company and the employer has aligned another vendor to hire me for the same services which i was offering. Its more like a sublet. I will do the same job but thru different vendor. Now my question is my last day of work is 1st of August. do i still continue working with my current employer after getting a new contract named under another vendor? i did not sign the contract yet. But if i do, can i still work without any visa? another question, the new contractor will retain my passport. Is it allowed?

    • You will definitely require a new visa and new labour contract.
      No, passport should not be with the employer. it is illegal for the company to hold your passport.

      • hi Deepak!
        i’m Kirubakaran.i completed Diploma computer Engineer and B.Sc Computer Science but i have only Provision certificate and overall mark sheet only.Degree Certificate till not get from my college i can apply skill 1 type visa? pls reply me.

  • Hi , I got offer from one company, then I resigned, I worked notice period (30 days). Then I got cancellation paper! The same day my new company sent message, which is they regret their offer! Now I lost my job! What can I do in this case, because of them I lost my job! Please help me

  • Hi Deepak,
    I have recieved offer letter from company , the offer is same in amount in mol contract too but they have used only basic salary and bonus . Where else in original offer letter they have included basic and allowance . Now here my question is will i recieve the total salary as per mol contract that is basic + bonus or they wont pay the bonus as the bonus is on complete discretion of the employer?? Please help

  • Hi sir,
    I am in Pakistan and sign MOL offer letter on 03/04/2017 in one recruoting agency. Plz sir tell me how many days required for to issue visa?

          • Hi deepak sir I m from kharafi national Abu Dhabi I m only 8 month I got the new offer later from new company but the question is my company provide me release to go onother company or not ?please .

              • Hi deepak! i want to leave my company and join another my employer asked me to pay 15000 AED in order to get me cancellation from her and transfer to the other employer. is it legal.what can i do. when i joined the company was new and no rules were discussed about anything at all. im working 10 hours a day, three days a month off.I am a fashion designer and getting 4000 which is not sufficient. no PH and no annual leaves. what can I do. notice period was not also even discussed when i joined

  • I have a question here. Can the employer write a clause in the offer letter saying that extra hours if asked by the company would be served by the employee. As per UAE law I understand it’s a vaiolation. Is It possible to stile off these lines from the contract and sign?

  • hi,

    I have signed an MOL with an employer in UAE. They applied for my work permit, however they are now cancelling saying they have some issues.

    can i challenge them legally?

  • Hi. I am now working as a receptionist in one fashion shop but my visa is a househelper visa? Is it legal? Am i allowed to use Labour rules?

  • Hi All,

    I have been working with company for almost 3 month now and signed an offer letter with them with a promised that they will process my employment visa before my visit visa expires. When I joined the company I still have 35 days left with my visit visa before it expires. Unfortunately, the company was not able to process my emp. visa because there were problems and I have exited the country twice at their expense and promised that will be the last exit and emp. visa is already under process. But a week after, I came back from my exit they told me that they will not process my employment visa any more and that they will deduct my exit from my last salary. Now I only have like less than 20 days before my visit visa expires and in a battle with my salary.
    I don’t know now what to do. Your insight and assistance is highly appreciated.

  • Hi I joined as emt with a offer letter saying 12hrs / day work in 6 days / week, is the time of work is legal for emergency medical technician in a private ambulance service? The labour contract doesn’t say 12hrs work but only mentioned 6 days / week, what is the actual work hours applicable for emt?

  • Hi. I have read the article and quite confused. Because if the offer letter and the contract should be the same, I wonder how are we able to work here at all. The first time I got here, I had a talk with the GM and he informed me that the labour contract is only 5000 aed as total salary with 2000 aed basic salary. The offer letter I signed before I come here was 8500 as total salary with 3500 basic salary. He said that I will still be receiving 8500, only 5000 on my atm salary account and 3500 cash. They were doing that because they only pay for insurance of employees with 5000 salary and if I chose to indicate my whole 8500 in the labour contract, they will still pay for the insurance but te same amount as with 5k salary, the excess will be ours to pay. Since almost all of the employees chose the 5k salary indication in labour code, I chose the same. After months of working and with the situation on daman insurance, the company decided to increase our working hours to 240hrs per month. They did not ask us to sign another offer letter. A month after they decided to decrease our salary to 7000 with 264hrs working hrs a month “TAKE IT OR LEAVE IT” condition from the management. Since we have no choice, we are about to sign a new offer letter. Last week they presented the offer letter with 7000 as total salary, some employees have already signed. This week, the managemant revised the offer letter and indicated there is 5000 total salary and 2000 academic bonus. No one informed us of the revision of the offer letter. Later found out that if we signed the revised offer letter and we are not to complete the 264hrs work, we will only receive 5000. Are they allowed to do that? And they are forcing us to sign it or we should resign. Besides our company have been deducting our salary with very unreasonable basis and they were not informing us. We will just be informed if we take our “CASH” salary and if we refuse to this salary deduction, they will withold our cash salary. They do not even have a guidelines for the sanctions of the employees. Are they allowed to do that? I feel like we are being abused by our employer.

  • Hi. I have read the article and quite confused. Because if the offer letter and the contract should be the same, I wonder how are we able to work here at all. The first time I got here, I had a talk with the GM and he informed me that the labour contract is only 5000 aed as total salary with 2000 aed basic salary. The offer letter I signed before I come here was 8500 as total salary with 3500 basic salary. He said that I will still be receiving 8500, only 5000 on my atm salary account and 3500 cash. They were doing that because they only pay for insurance of employees with 5000 salary and if I chose to indicate my whole 8500 in the labour contract, they will still pay for the insurance but te same amount as with 5k salary, the excess will be ours to pay. Since almost all of the employees chose the 5k salary indication in labour code, I chose the same. After months of working and with the situation on daman insurance, the company decided to increase our working hours to 240hrs per month. They did not ask us to sign another offer letter. A month after they decided to decrease our salary to 7000 with 264hrs working hrs a month “TAKE IT OR LEAVE IT” condition from the management. Since we have no choice, we are about to sign a new offer letter. Last week they presented the offer letter with 7000 as total salary, some employees have already signed. This week, the managemant revised the offer letter and indicated there is 5000 total salary and 2000 academic bonus. No one informed us of the revision of the offer letter. Later found out that if we signed the revised offer letter and we are not to complete the 264hrs work, we will only receive 5000. Are they allowed to do that? And they are forcing us to sign it or we should resign. Besides our company have been deducting our salary with very unreasonable basis and they were not informing us. We will just be informed if we take our “CASH” salary and if we refuse to this salary deduction, they will withold our cash salary. They do not even have a guidelines for the sanctions of the employees. Can they do that?

    • Based on what you are saying are working for dishonest people which involves the GM which is confusing things to your disadvantage. This unfortunately is very common.

      EMPLOYERS who cheat are part of the same mindset as stealing and cheating clients. Hence where I see a company cheating its staff I know that it will try to cheat my company, especially if it is at GM Level.
      The main reason such persons often get away with such acts is twofold:

      1. Such fraudulent acts are not criminalized with jail sentences heavy fines and damages to the EMPLOYEE. Thus such cheating currently carries a low risk with high incentives to steal from the employee as a bonus.

      2. Secondly, staffs are concerned about being fired if they complain. There are no laws in place to protect staff in such circumstances except the notice period.

      There again in such situations once the person has completed his contract he can go to the Labour Department before signing and end of contract pay settlement. If the EMPLOYEE has already signed a settlement and has not been paid in full it means pursuing it through the court which should be in his favour. The EMPLOYER in this case has to prove he paid all the required outstanding payments.

      It is illegal to withhold pay from an employee make illegal deductions and even worse to blackmail them.
      If you had signed an OFFER LETTER through the MOL assigned website, and the contract is different the EMPLOYER is in breach and can be ordered to pay per the offer.

      IF the EMPLOYER filed nothing with the MOL where you then had to provide your assent by email or signed a document then you still have the same rights to raise an objection.

      It seems the EMPLOYER is now issuing a revised contract which ignores the legal one required by the MOL. This is of course breaking the law.

      Every alteration of the contract to your disadvantage was illegal.

      In my opinion (per what you stated) the EMPLOYER committed an act of clear fraud by promising one thing before you started then once you arrived switched terms to your disadvantage then cutting the salary.

      Now, prepare for more surprises such as withholding pay for national holidays, holiday pay end of service gratuity and return flights and pretty much anything else it chooses in the contract.

      Some employees will report the Employer to the LABOUR department which is OPEN and SHUT in their favour. However they fear they may then be terminated prematurely.

      Others can wait until the contract ends and then go to the LABOUR DEPARTMENT before settling and then claim the backlog. In certain instances (e.g. return flights) the LABOUR DEPARTMENT may then put an attachment on the company assets which it cannot use until this is paid up.

      Under UAE Law the working hours are 8 hours a day or a maximum of 48 hours per week, whereupon after that there is overtime. Some jobs can ask the employer to work 9 hours a day. The hours you are being asked to work are in excess of what is stated in UAE LAW. If you work over these hours you should receive overtime.

      If you wish to leave, you can look for another job and are entitled to sack your employer.

      However in such instances so make sure that you keep the Labour Department involved so as to ensure that a ‘ban’ is not put on you’ to temporarily stop you working again for a few months. Further you can also show the documents you signed and it should be an open and shut case for you to receive what is owed to you.

      Try the Labour department for advice on the free number it provides and see what advice you can get. Unfortunately the UAE has some excellent worker rights but I believe one day the authorities may fall hard on cheating employers, perhaps even with jail sentences.

      Why would the employer have a guideline for employers when it seems its management are making their own rules as they go along.

    • Answer No 1 relates to the Client Absconding with money:

      Based on what you say without all the details, it seems you introduced a client to the company. However he continued to work with your company, wherein the management approved a large amount of credit in a later transaction wherein he disappeared with the AED 500,000.

      The deductions are illegal where further the Employer did not notify the Labour department of his intent and subsequent action.

      Article 102 of UAE Labour Law (8) clearly states:

      ARTICLE (102)
      Disciplinary penalties which may be imposed by the employer or its agent upon its
      employees are as follows:
      1. Warning.
      2. Fine.
      3. Suspension from work with reduced pay for a period not exceeding ten days.
      4. Forfeiture of deferment of periodic increment in establishments where such
      increments system is applied.
      5. Forfeiture or deferment of promotion in establishments where promotion system
      is applied.
      6. Dismissal from service but reserving right to end of service benefits.
      7. Dismissal from service together with forfeiture of all or part of the benefits, provided that penalties shall not be imposed for reasons other than those
      specifically prescribed in Article (120) of this Law.

      Article 120 of UAE Labour Law (8) prescribes

      If your employer did not notify the labour department, then it follows that he cannot impose anything on you for the limitation of 48 hours has expired as explicitly implied. This is to protect the employee from victimisation.

      Such actions also violate the Sharia concept that all contracts must be executed in good faith;

      I presume you will look for another job wherein before you sign any end of contract settlement you can go to the Labour department and claim this back. In some cases they may even put a lean on the company properties and pay you.

      Withholding commissions from earlier transactions and other clients would also be illegal and exacerbated by the fact it was not your fault as given in the letter.

      Answer No 02

      If the offer letter indicated AED 4,350.00 the company cannot legally change this. If you had promised this would go up this should be clear where it would increase at a certain point.

      See the Labour department in confidence or otherwise for advice. If you’re lucky you can find another employer and work for them at which point you can claim the backlog via the Ministry of Labour (Labour Department) at no cost prior to signing a settlement.

      As I understand if anything goes to court the process for Answers 1 and 2 should not be lengthy.

      In the first instance phone and possibly see the Labour Department for assistance.

  • Hello sir, i have only 17 days left, my visa going to expired. Currently i’m working in fast food, but last week i went interview, i pass that interview. They told me, they will pass my resume to that company HR.. so i have to wait until HR contact with me. once HR call sure i will get offer letter. the problem nov 27 2016 my visa going to expired. what i can do?? My current company said to me, i have to give resign 30 days before so that process will running. if i continue my current company they will call next week medical after that i don’t know what i have to do??? plz reply…

  • Hullo,

    I need some clarification on some matters, i signed the offer letter from MOL provided by our recruiting company, the activity was alittle quick so i didnt get the chance to understand all conditions. I need to clarify if i am still free to get another job in another company even after signing the MOL offer letter of the previous one.

    • In countries like India, and the UK , the signed contract is the determining document.

      However, in the UAE the parties can agree to enter into a contract at a future time. Therefore the Offer Letter is legally binding between the parties and is the actual agreement prior to the contract document which is then provided with the fine details etc.

      You have a duty to inform yourself as to what is on offer before signing anything unless you were forced into signing the terms or did not see them.

      A few years ago, I was not able to follow up on an offer, so I replaced myself with a colleague to the satisfaction of the Employer in Abu Dhabi. The company took me on a year later when it was convenient. 15 years later my old boss gave me another contract.

      Obligations under the OFFER LETTER are legally enforceable mainly to try to prevent employers changing the terms of contract when the employee arrives in the UAE. So the Employee is also obliged to keep his end of the agreement. Maybe you can get an amicable agreement on this as I suggested.

  • Hi Deepak,

    Although been here for many years, there are still some aspects that are unclear to me and having come across this forum, thought of pinning down my concerns to you to see whats best:

    Have been asked to resign from company (reason given was not being able to achieve set targets) but not received the same in writing. So wanting to proceed with the same and seek new and better prospects, processed the resignation from my end without having to endure complications – completed the clearance + handover to concerned department heads including GM within 4 days of resignation and now if I calculate the days (specifically from date of resignation) its almost closing 2 weeks and no sign or communication of clearance settlement / visa cancellation from companys end.

    What should and can be done here?

    p.s. am on unlimited contract and been with company for 3+ years

    Ozone

    • Let me guess; It was HR See ARTICLE 116 of Federal Law (8) UAE Labour Law

      If you resign then you become liable to compensate the employer. My guess is that is the reason you were asked to resign but not even asked to do this in writing so that you may be defrauded out of entitlements. If there is a valid reason to terminate you then it should not be a problem for a company representative to commit this in writing. Verbal statements of this sort are designed to leave no trace of what was said.

      If you can trust anyone within the company who is in a senior position speak to them.
      If the company does require you to leave it should legally terminate you.
      After 3 1/2 years it’s somewhat difficult to say your work was not satisfactory.

      I would suggest trying the GM.

      ARTICLE (116)
      If the contract has been terminated on part of the employee, for reasons other that those provided for under Article (121) hereof, the employee becomes liable for compensating the employer against losses incurred by him in consequence of contract termination, provided that the amount of compensation, may not exceed half a month’s pay for a period of three months or for the remaining period of contract whichever is shorter, unless the terms of the contract provide otherwise.

    • Clearly if a company is dissatisfied with your work it would terminate your employment with notice. After 3 ½ years this would be a little more difficult. I would suggest whoever said this (HR?) had no reason nor was there anything coming down from the company.

      An employee who does not meet specified targets can still be valuable if what he achieves benefits the company.

      I believe this could be a deception to get you to resign on your own accord so you are liable to compensate the employer as follows:

      ARTICLE (116) FEDERAL LAW (8) UAE LABOUR LAW states:
      If the contract has been terminated on part of the employee, for reasons other that those provided for under Article (121) hereof, the employee becomes liable for compensating the employer against losses incurred by him in consequence of contract termination, provided that the amount of compensation, may not exceed half a month’s pay for a period of three months or for the remaining period of contract whichever is shorter, unless the terms of the contract provide otherwise.

      If you trust the GM speak to him but don’t be surprised if the person telling you to resign denies every speaking to you on this. So this would be approached as a MISUNDERSTANDING.

      If the GM or senior person you can trust wants you to stay and you agree, you can withdraw the resignation.

      You could take this to the Labour department but the only written record is your resignation letter.

      The GOLDEN RULE is always insist on written statements as verbal ones are harder to prove. Email is a legal communication instrument also.

      For qualified legal advice speak to the Labour department.

  • Sir I am working abu dhabi company .I am give resignation company not cansel visa .another company good offer come what are doing me .this company contract salary not give .cutting salary.

  • Hello, i worked for 2 companies here in the UAE, apparently, non of them wants to grant employment visa, and the worst thing is that, they did not gave me the compensation or salary I am entitled to. Do I have the rights to go to the MOL or any rights to get what is due to me? My problem is that, i am on a visit visa, I started working Even if no contract or employment visa, they gave me an Offer letter, and thats the only thing I have in hand. Will it give me a problem too if the MOL found out that i strted working under visit/tourist visa? Please help me. Thnk you

    • The Offer Letter determines that the Employer has agreed to employ you and you have agreed to work for the Employer. The salary is as given in the Offer Letter and cannot be reduced.

      Take your offer Letters to the MOL for that is the only evidence you would need.

      If they are not filed by the Employer then the Employer is further breaking the law as well as not providing you with a contract, and altering the terms of the offer.

  • Hi, I’m working in Abu Dhabi and I’m on a probation period now, what will happened if I want to resign the contract during this probation period?
    Do I need to pay 45 days of my salary if I give the notice letter and work during that notice period?
    Do I need to pay 45 days of the salary which is in the contact of MOL, because that salary I get on my bank account? (The rest are allowances and I’m getting that in cash)

  • hi sir,
    i have got a problem about my visa.i am working before in abudhabi bt nw i get new job so i sign my new contrct and resign the old job and i have sumitted my cancillation letter 2 week before, now the problem is my company he is telling me i cannot provide u visa may b it will take tym so got back to my country.and othet problem is my uae staying last day is 6…i complain abt dis bt they are nt doing anything..so please suggest me what should i do? please help me i will wait for ur reply thanku..

  • Good day!

    I have a problem about the company I resigned with. I accepted their offer letter, 3 weeks have passed but still no employment visa, they collected my passport and told me 2-3days. But still no visa. I decided to cancel my application to them even gave them a resignation letter. Upon giving, they told me that they have processed by visa so if I wanted to leave I nees to pay 5-7000 dirhams! If not, they will not give me my passport. Until now they hostaged my passport. I went to the MOL website and saw that there is no record of me being processed for employment visa.
    I told the company, even screenshot the query to MOL. They called me saying its not about the MOL, its company policy that I need to pay, it is not even in my offer letter! I told them that its super unfair. They said they will ask the other PRO in Abu Dhabi. Please help me. Please

    • The new labour laws have not addressed various other issues such as you mentioned, or secret internal employer and employee agreements outside the contract, or an internal contract that substitutes the one signed with the MOL.
      Even before this new law, the Offer Letter sets in place the contractual terms, but then some employers are making up their own rules such as charging for visas and withholding a passport.
      Company policy can never take precedence of MOL procedures and UAE Laws for that is effectively breaking the law. MOL procedures and UAE Laws form the procedures for the Employer.
      It will take longer than 2 to 3 days though there are ways to expedite the process. You are entitled to check your application online or check with the Ministry of Labour.
      However, I assume you signed the OFFER LETTER which is in the MOL website, and you have completed the medical tests
      Even so, an AED5, 000.00 to 7,000.00 is several times the cost of the actual charges for something that a couple of hundred or so dirhams plus dependants. See
      http://gulfnews.com/business/visas/how-much-uae-visa-will-cost-after-increase-1.1365749
      “There is no legislation, Ministry of Labour directives, or entry and residency requirements for foreign workers foreigners that entitles any employer or sponsor to keep or confiscate and employee’s passport for any reason”. This document is required for ID purposes.
      Technically this is theft as it is withholding property owned by the issuer (government of that person’s country).
      In fact the UAE Ministry of Interior circular, issued in 2002, states: “As the passport is a personal document that the law obliges its owner to keep and show when required by the governmental authorities, it is not allowed for any party to detain the passport except by the official parties with a judicial order and according to the law.
      If an employer still decides to retain an employee’s passport, the employee has the full right to take legal course of action.

      If the employer refuses to return the document, a report should be made to the Ministry of Labour. It is possible to file a petition in the court to expedite an urgent decision by the court.

      This also violates the International Labour Organisation’s (ILO) Convention on the Abolition of Forced Labour 1957, to which the UAE is a signatory.
      My own view is that the government should
      1. Criminalise the withholding of employee passports with possible jail sentences
      2. Criminalize charges for their return as extortion.
      3. Issue a handbook to employees advising them of their rights
      4. Hold a one or half day seminar paid by the EMPLOYER for this.

  • Dear all,

    I got an offer letter for a job, the offer is for 2 years but am not willing to sign a contract that will force me to stay irrespective of working conditions. I offered to pay back the visa fees and stay for one year but the employer is insisting that apart from making monthly deposits for visa fees repayment to the company, if I quit the job before 2 years, I must return 50% of salary earned and the visa fees. Is this condition legal?

    Thank you

    • ARTICLE 116 of FEDERAL LAW (8) UAE LABOUR LAW states

      If the contract has been terminated on part of the employee, for reasons other that those provided for under Article (121) hereof, the employee becomes liable for compensating the employer against losses incurred by him in consequence of contract termination, provided that the amount of compensation, may not exceed half a month’s pay for a period of three months or for the remaining period of contract whichever is shorter, unless the terms of the contract provide otherwise. ”

      It will not therefore be 50% of all the pay as this only applies to a maximum of THREE month’s pay.

  • Dear all,

    I got an offer letter for a job, the offer is for 2 years but am not willing to sign a contract that will force me to stay irrespective of working conditions. I offered to pay back the visa fees and stay for one year but the employer is insisting that apart from making monthly deposits for visa fees repayment to the company, if I quit the job before 2 years, I must return 50% of salary earned and the visa fees. Is this condition legal?

    Thank you

  • Hi,
    I’m started work in Sharjah Aug 20 2015, now one year finished the company. I’m looking other job this time I have any ban problem coming

  • Dear Deepak

    My name is Faqira Jiva I am coming from Pakistan through one of logistics company on 18/july/2016 & same day I have join that company & start work on 2nd day after arrival at Dubai without any documents from that company, some days was past I have ask her (she is in HR) regarding offer Letter but she didn’t reply me on positive way & told me that when our BOSS will come from the Canada then we will talk so don’t worry & do your work (without any documents/O/Letter), 10 days past I have received one call from another company for the job interview so I go their & they get the interview so I passed & also I have ask them Offer Letter so they agree to give me after 2 days then after 2 days they call me & told me that your offer letter is ready please come with us & sign that letter.
    So I have read & sign that letter after signed that letter I have again come back to that company & clearly told them (in their HR) I have move another company because you didn’t give me offer letter know back to the point that I have leave their company after 15 days working & I have ask them my 15 days working dues they told me that once you will pay our visa fee 1350 AED then we will release your dues so I agree & arrange their payment within 3 days after they received payment through RAK BANK they refused to pay me my dues which I have already worked over their & can’t pick up my phone & do not inter me in their office & ask me that why you are coming our office, so my request is to you can some body help me for my previous dues clear from that company???????????

    • Under ARTICLE 121 of UAE Labour Law
      ARTICLE (121)
      The employee may leave the service without notice in the following cases:
      a. If the employer does not fulfil his obligations towards the employee as provided
      for in the contract or in this Law.

      In this case since there was no contract the EMPLOYER broke the law by employing you and the Labour department should investigate the company for employing people under false pretences.

      I am not a lawyer but work in contracts so for the UAE this is not clear. In other countries I worked in such as the UK, China and HK, even if there is no written contract the worker is entitled to full payment for work or services rendered providing this can be proved.

      However nonpayment of salary and employing people without a contract may affect its licence to operate. Perhaps you can get your money’s worth if you don’t get the money you are entitled and shut down a rogue operator.

      It would be a lot easier if such actions were moved from civil law to the penal code and mandatory fines and jail sentences were imposed. This works very well in countries like Hong Kong where the penalties are severe. Also the company I worked there some years ago didn’t have an HR, so recruitment was easier and labour disputes very much easier to resolve. It also meant that CV’s didn’t get lost so easily.

  • I am working with a company here in UAE for 1 year and 7 months now but all of a sudden I was terminated without no genuine reason because the company was recruitment company. So agree to sign the cancellation letter and I take my dues but Am not happy with it. My main question is that how many days do I have to use in the country to find a New job because my visa is Abu Dhabi visa. And can I file up a case about the company for poor end of service paid after the cancellation.

  • Hi sir good day

    Heres my story sir, currently i am in visit visa for 3 months valid until sept 28 2016, then i got an offer letter on the company (let we say Company A) last july 19 2016 then i sign it. then today i got an work permit As of today july 16 2016 i also sign it with my thumb stamp but the comflict happen i got an another offer letter on another company (let we say Company B) more that good enough on Company A. So my problem sir is do i have a band on the labor law if i going to accept the Company B??

  • Dear Friends, Hi , My name is ABBAS and I m in INDIA but I have received an offer letter from Emirates Global Oil & Gas Compaany and they have also mention the travel agency name Al Wahda Travels but I think its a fraud company and I have also contact the travel agency people but they are saying that they will check n come bacl since from last 10 days. so what should I do I have already sign and send them the offer letter and it also has UAE approved stamps and sign from the authority on that offer letter so what should I do……can n e 1 suggest or any government authority email or something i can get where i can send them the offer letter so that they can check that letter and catch this gang.

  • Dear Deepak,
    I have signed the official MOL job offer from another company as my contract was about to end in the present company. However, since my present company has increased my salary, I want to continue here. Will there be any legal issues if I refuse the other company where I had signed the offer letter?

  • Dear Deepak,

    Six month ago i started working with an llc company as a mechanical engineer on visit visa they told me that with in one week i will get the visa ,but one month ago they only apply for visa & did not paid visa fee due to which i only sign the unlimited job offer letter(MOL) & i think the visa is passed from labour , now they only bound me and they are not paying the visa fee. As their any way to decline the job offer letter and search another job ????????
    and if i cancel the MOL offer letter i will be ban ?

    kindly reply me as soon as possible.

  • Ramadan Kareem!

    Good day sir,
    I would like to ask what is possible i can do now. I hired in my company last march 22 then i gave my documents including my passport original to them last April 3 2016. Until now they didn’t process my visa.they said my application is rejected in 3 times. I sign it also a labor offer letter last 25 of may., my tourist visa expired last 5th of june. and they will trained me in their company last 23rd of may till 21 of june..
    please tell me what can i do or steps i can make now

    • Dear,

      Did you received any reply from deepak…
      if you received ,can you please send me that bcz i am also suffering from the same situation…

  • Hi good day sir,
    Can i file a case for my company due to unprocess of my last final settlement payments?
    Before that my company push me to resign, so i file resignation and my other coulligue do the same. Now its been almost 1 month my expiry visa is near, until now they always saying its on process but they didnt do. What should i do?

  • Dear Sir,

    Articles 129, 130 and 131 of UAE Labour Law already mandated that the a contract shall be made by virtue solely of the confluence of offer and acceptance. The new measures which came into effect should have some impact but there are other tactics.

    One employer recruited a staff person through an agency. It paid the Agency for the salary, public holidays, annual leaves and end of service gratuity. However it refused to pay the agency for anything other than the salary.
    HR people in the UAE (unlike other places I worked) tend to be ignorant on the laws anyway.
    Under UAE Labour Law, Article 18 Para 2, here is self explanatory

    ARTICLE 18 para 2
    THE PERSONS SUPPLIED BY A RECRUITMENT AGENT OR A LABOUR SUPPLIER SHALL, IMMEDIATELY UPON JOINING THE SERVICE OF AN EMPLOYER, BE CONSIDERED EMPLOYEES OF THAT EMPLOYER AND SHALL BE ENTITLED TO ALL THE RIGHTS ENJOYED BY THE EMPLOYEES OF THE ESTABLISHMENT IN WHICH THEY ARE EMPLOYED.
    THE RELATIONS BETWEEN SUCH EMPLOYEES AND THE EMPLOYER SHALL BE DIRECT AND WITHOUT ANY INTERFERENCE FROM THE LABOUR AGENT WHOSE TASK AND RELATION WITH THEM SHALL CEASE TO EXIST AS SOON AS THEY ARE INTRODUCED TO AND EMPLOYED BY THE EMPLOYER.

    However the EMPLOYER still refuses to deal with the EMPLOYEE on this. He can of course file a complaint with the Labour department, then the employer will not hire him again, or terminate his contract.

    Employment Contracts / Offer Letters – Standardised

  • Hai now i am working in electrician in unlimited employment visa after 6 month can i resign the job?pls reply

  • Dear Deepak
    My Name is Abdul Malik from India . I work here in a company as a messenger in limited contract 2 years visa . As a marketing executive in probation 3 month . 2 months finished one month left .
    Am very disturbed n don like as medical Emirates I’d finished before 2 months still M not getting . Ask me to work more than 8 hour in this two months and in this ramdhan also so with their management I want to leave the job .
    Do pliz let me know the consequences if I want to work . What band or fine will be there .

  • a friend just told me me about a job in UAE so i am ask to do my passports can this be real am a Nigerian

  • Dear Deepak,

    My father is stuck in avery critical situation. Doctor by profession, he was employed by another group and was committed an employment visa; however, on the end moment was told it is taking time and then he called him on visit visa saying that the clinic is shut from so many days. He came and his visit visa for one month expired. He left county and again they gave him three months visit visa saying it is taking time and they are on it.

    But now it is too much, they are harrassing him, not giving salary on time and saying they will take decision on time, whenever he or my brother follows up for visa.

    His visa is expiring on July 2 and still we’re not sure what they are upto. What if he resigns but will they pay him his pending salary?

    Can he go to court?

  • Hi good day sir, im working in the company of paris group as a visual merchandiser now the company is getting down and they lessen the employee as much as they can and pushing us to resign in terms of doing worst schedule,place,position and even the salary. They call me just now and they told me to starting tommorow will be my duty is ras al khaima the thing is im living in burjuman and im will be as a sales person now not a visual merchandiser and also half of my salary they take it. As of now i dont know what im going to do and 1st step i will do. Please help me in this situation, paris group l.l.c is alot of violation in government i dont know why they still operating there bussiness and now they throw the employee as a garbage even they serve them in decades.

  • Dear Deepak
    Good day to you!
    Past four months Im working in a LLC company with limited contract as Mechanical engineer.Now I wish to terminate my contract in probation period.Should I get any labor ban six month /one year?if I get more than 12K salary from new company ,the imposed ban can be lifted?how much compensation should applicable when I break limited contract in probation period?

  • Hi deepak I am graduated and working as Securty guard since may 2015.now I want to change field and company…. If I do this can I got ban or not?

  • I am working for a Rental company in Abu Dhabi,
    I came here on September 2015 and i signed for a contract with 8 hours/Day.Now my company forcing me to work more than 10 hours /day without paying overtime.just i completed my 7 months of employment with this company .i asked my employer to pay for my additional hours but he says if i resigned he will blacklist me ,and he is also a employee of UAE ministry .
    Just let me know how can i come out of this problem?or if i quit this job Is their any ban for me ?
    I failed in 12th but i have completed my two years Automobile engineering(ITI).Is it helpful for me to stay out of ban as i am not a Graduate?

  • Hi mr deepak, if i will not sign the mol offer letter, my visa will not be process? Cos i want to quit the job while im not yet signing any paper.

    • You are supposed to sign the offer (per new directive before you enter the country). If you don’t sign the OFFER it means you have not accepted it. It’s not clear how you could quit the job since technically you should not have started it. You may be an employee by virtue of conduct (working and fulfilling functions) but that would contravene the employment laws where you need negotiate an offer and sign it before being employed. If you are continuing to work for a company, this sometimes happens.

  • Hi!good day. im currently employed to non freezone company and i found a better job (LLC company also) offered me higher salary.i already worked for more than 1 year in my current company if i resign will i get ban? the salary offered to me is lower than 5k range for bachelor degree.will i get a ban?

  • Dear Mr. Deepak,

    My husband was working as a senior sales executive for a company in Dubai for the past three and half years on a limiter contract basis..He completed his three years and his forth year is getting completed this September. mean time he got a better job in an non competitor company.so he gave his resignation with a one month notice.now they are refusing to relive him on the following basis,

    Two of his customers has defaulted in their payment, as their cheque has bounced and is under police case.
    All the payments has been collected by by husband. so they putting a condition that he must collect the payments and then they will relive.

    in the contract a clause says that ,The collection of payments of the employee’s transactions from the customers is solely the responsibility of the employee.

    Can the employer hold my husband liable for the customers default. They are asking a cheque for the value for garente to give to let him go or to work for them for 6 more months.

    kindly advice.

    Thanking you ,

    Mrs Sangeetha.

    • Dear Mr. Deepak,

      I have got offer letter after getting selected in one of the Construction company in Dubai on visit visa.

      I signed on the appointment letter and got a copy for the same and was informed to go India and wait for the employment visa. They promised to send visa in 45 days.

      But, It’s been more than 3 months and they are not sending visa. They are replying that they are not getting quota from government. They are saying to wait until they get the quota from MoL.

      It’s my kind request to clarify my situation in context of Ministry of Labor Law. If they don’t issue the visa or they deny issuing the visa though they have issued appointment letter and duly signed on it, can i file any case against company.

      I would be very thankful to the team for the co-operation.

      With best regards,
      Sarfaraz Nawaz

  • Pls sir my name is Michael am from Nigeria I came to UAE with three months visiting visa and I got a job at AL mutamyez fire equipments and the gave me offer letter and that they will do my visa since two months now my visa is not out,but the said the submitted application to the ministry of labour how do I know it is the truths.

  • hi sir,
    I just wanna ask. I’m currently under training in company A and promise to give me offer letter.they promise to give that tomorrow. In other hand I have company B as a second option but I’m on my final interview and they want me. If I signed company A offer letter and change mind. Can I leave company A without any problem or they might file case against me because i signed?

    Please help
    Thanks

    JOE

  • Hi, sir
    I’m now on my company from 15 months and I got offer letter from another company. So, this time I going to cancel my visa. After this i get ban or not. And I’m under the limit visa.

  • Hi Deepak,
    I have joined a company as Accountant during my visiting Visa. and they told me that we will process your visa after you attest the certificate within 10 days. I attested my certificate, and asked them to process my visa, but told me that their online registration is not completed yet. it takes time to process my visa. finally they applied for emergency visa and got it. But the work they provide me is not related to my profession and they asked me to take more work than specified. I told them that we need more staff, because i am handling more than 4 or 5 companies work. But they are not ready to do that. so the work is pending. I am confusing that can i cancel this visa after 4 or 5 months, when i get another job. is there any labour ban for me by cancelling this visa within 6 months, even my graduate certificate attested. Please give me a solution

  • Good day Sir! First and foremost , thanks for solving peoples predicaments every hours. Sir, Can I change work from January without any problem? I am an HND Holder (Higher National Diplomal) I studied Accountancy in a reputable Polytechnic but unfortunately i work as helper in a Construction Company. And I have spent 14 months here in uae. My sponsored company sold me temporally ( Rent) to another construction company. Although my certificates are not with me now. Can i change work without facing labour ban? Please help me.

  • Hi sir
    I’m an electrical engineer but I signed offer later of electrician. In interview they offer me 1500dh salary but in offer later that is 1000dh anyhow I signed but when I came UAE I didn’t want to signed the contract but they force me to signed and not let me read as well now they let me work as labour even I cleaned waste water main hole
    Please reply I’m waiting thanks

  • What is an unlimited contract and on what conditions does one get a ban? Is NOL necessary after completing two years(which I was told was the length of my contract btw)? I have a masters degree and making 7K, and looking for a new job. Will I get a ban, and should I ask for a NOL?

  • Hi Deepak,
    I really appreciate that you are guiding people with their disputes. I am working in a transport company as a Clerk (Unlimited Contract), I have bachelor degree and I have completed 14 months with this company. Now if I am changing this job after January 2016 will I get the ban? Please reply.

  • I have 1yr experience in my work… my contract is unlimited …my salary is 1500 high school diploma holder…. i just wanna ask if i will get a ban if i resign in jan.2016 and change my job because i got offer a 3000dhs…

  • Hi bro I need ur advise.6 month before I came in sharjah my salry 2000 .now m getting offer job of supervisor in abu dhabi.he will give offer letter.how I can .

  • Hi,
    When new labour law will take effect What will happen to my existing contract ?? Is company needs to issue a new contract along with new offer letter? So employees need to sign them because of new rules isn’t it?? Please confirm coz i am now bounded in a competitive clause i e artical no 127 so if they issue new contract i can think twice b4 signing it. Please reply and need your valuable advice regarding this.

    Thanks

  • Hy deepak

    My name is imran and my qualification is MCOM
    I joined security company in sep 2015 as a security guard
    please tell me If i left the job in jan 2016 ban exist or not
    Also tell me can i get a new job in Uae after jan 2016

  • Hi Deepak hope you will be good.
    i want to get some queries about ban actually i joined a Manpower LLC company in December 11th 2014 as a Archives clerk.before a few days i got a new offer from a different company in sales,and now i want to resign…will i have to face no entry(ban) for 6 months or not? kindly tell me if theirs any alternative to get save from ban i am waiting for your reply
    Thanks best Regards
    Taimur

  • SIr Deepak,
    Im currently Working as Sales Associate, from March 2015, now i passed the Probitionary period, i signed it already. But im planning to resign this January? No more ban? Right? Wat do i get from my company? Thank You Sir. Can i Get ur Email? Or just email me, [email protected]
    Can u be my advisor. 🙂 Your a Big Help for All Abroad Workers.

  • Hi Mr. Deepak
    I have a Question
    I am Electrical Engineer in a Private Company on Unlimited Contract in Sharjah. I have completed 17 months now please tell me that i have notice period of 3 months and if i give notice to company on 21st month it means i just want to complete 2 years with company no more than that. But during these last 3 month my employer cancels me before completion of 2 years will i still get a ban????
    Your advice awaited :

  • Hi Deepak ,I really appreciate your help to all those people who came here in search of a better life and ended up finding themselves in the trap by there employers .

    I have Few Question and Expect your help regarding this.

    1) i am a Computer Science Graduate holding Bachelor Degree attested , I have joined a llc company in abu dhabi on 04-October-2015 , before i come on visit visa got job here and i had a talk with my employer about contracts and i told them to make an unlimited contract . when i arrive they make limited contract and told if u wish to work sign otherwise we will cancel your visa. so i am left with no choice but to sign.

    2) There is no other employees in the company i am the only one employee , and my employer didn’t treat the employee well and always shouting and no one works with him more than 6 months .Now i am in same situation, i am on computer engineer Visa on a Limited contract , I want to Leave the job

    As Of New Labour Laws affecting jan 2016

    – will i get ban if resign after january holding a limited contract?

    -if yes how many months ?

    – If i not then after cancellation is it compulsory to return to home country ? or i can take exit to kish or oman and get back on visit visa for job search ?

    kindly answer me as soon as possible you can , becuase my decision depends on your reply , whether i must resign now or wait till january 2016

  • Dear Mr.Deepak,
    I got an offer from one company that’s why I resigned my previous company and submitted all the documents to the company and went back to my country. Company informed me they will send my new visa within 10 to 15 days before my departure. Then after 10 days they send me one Mail my visa application rejected due to my name blacklisted by UAE police. So, they informed me nowadays lot of issues happens like this so you need to come UAE and solve this issue individually with police headquarters and collect clearance and submit to company for proceeding visa. That’s why I applied visit visa and came back to UAE and collect police clearance from headquarters then submit my police clearance to the company. After that they inform me to wait some days. After two weeks I received one Mail from company they will not proceed my visa as per the PRO’s information. I asked the reason they inform me before the submission of my police clearance PRO applied second time for my visa that also rejected as per PRO they will not proceed third time for applying visa. Now I don’t know what can I do they cheated me and my visit visa will going to expire on November 20, 2015. So, Please provide me any advice from your side regarding about this issue.

  • Dear Deepak,

    Hope you are doing great.

    Kindly note I have a query , I am currently working in and LLC and in March 2016 1 year will be completed and I am an MBA graduate.

    As per new labour law if I will resign the company and join a new firm with March 2016 then I will be having labour ban please advise.

  • Thanks mr.DEEPAK….
    I want to ask about graduate. How I will prove that m graduate? There is need to atteSt certificate if ys then from where?

  • Dear Sir,
    Hope you are doing well.
    Sir am working with LLC company in Dubai.
    My visa type is limited visa – 2 years period. I am in my probation period of six months. I heared from my colleague that the company will terminat me due non performance. I want to know whether the can imposed 1 year ban in case the company terminat me. I know there will be automatic ban of 6 months. If I get salary of 12,000 with new employer , can this ban be lifted

  • Hi deepak
    My wife recently came to dubai from india on long term visit tourist visa she got a job in fujirah as a science lab tech the employer said to exit the country asap so she did it on 22/oct/2015 and mailed the exit stamp on the passport back can you please tell me how many working days will it take to get the employment entry visa as the employer said they fwd the documents on 25/0ct/15 for the visa.

  • Please advice m here in uae since 2008. I join new company on 3august 2014. Now I want to change my job and m also graduated… Should I get any ban or have to pay any fine to present company? Please advice

  • Hello Deepak,
    I am in very big confusion. I came here on employment visa. I work for them one month and now they are cancelling my visa even I didn’t have done my medical. The problem is there will be 6 months ban. The issue was ” they hired me for sales and after i came here they transferred me to warehouse and when I ask them they said I don’t know how to work and we can not waste time and money. I told me let me work in sales because I am sales person and I ask them for time to learn to work in warehouse then they said they don’t want me to work with their company because I argued for what I came here. Will be here 6 months ban on me in 2016 after effective new MOL Law?

  • hi this is venkatesh.
    i was completed bcom (computers)
    currently ‘m working in jewellery shop..
    my employer given visa as limited two yrs employment visa.from 04-04-2014 to 03-04-2016.
    and they mentiond as silver sales executive.
    but they are utilizing me in gold sales department..
    and they put some other conditions–” workers are not entitled to work in same field for two years in uae after his resignation ” according to article 127 of the labour law…”
    my qst is …
    after completing my contract…..
    if i resign here will i get 2 yrs ban in same work field…?
    & 1more thing they mentioned as silver executive..
    so if get gold sales job what this condition applicable upon me…?
    if i get 5000 aed job in same feild or somewhere else…! will i get ban …?
    and i have somany doubts…
    please anyone clarify my doubts … thanks in advance

  • Hi Mr deepak
    Im.only asking about my salary,im from philippinnes I was signed a contract for 1500 aed,then now after the arrival here in uae ive signed another contract which cost 800 aed can you please tell me my rights thnks

  • Sir.
    I ve signed an offer letter with a company in abu dhabi since 3rd of August 2015, from the offer letter sent to me they promised to process my visa within 2 weeks. I waited until my visit visa expired which is on the 12th of September. They asked me to exit that they ll send my visa to me. Sir upto this moment they have not sent anything to me. I call them every week from my country they keep telling me it ll be ready this week next week. Please sir what can I do or how can you help me because I came to UAE with the hope of enhancing my career and building my life. I came with everything I have in my life. Please kindly help me. I can forward the offer letter to you sir

      • Dear Deepak,

        Hope you receive this.

        I am working in SAIF Zone in Sales.

        A client of mine had run away with credit 500,000 AED recently or it seems that he has run away. Client working with my company constantly for 2 years with no big issues but small issues here and there from time to time but never like this regarding payment. It was my managements decision to give larger credit amount.

        Anyway my management decided that this is my fault even though I bring them newer clients and other clients work ongoing.

        They have been deducting my salary for 2 months on the basis that I am somehow “involved” with this runaway client in eating this money from the company. That I have helped him somehow. I asked for proof but they are saying things like they will tell me later or that I will know soon. I am still working with them normally but when it comes to salary their response is that I am responsible for this person to run away.

        They have withheld all commission for this client even excluding this amount (understandable) and other clients, my allowance is flat deducted and my salary is listed as 3500 with 500 home 350 transport. But they only give 350 allowance and my salary is 4000 aed.

        I even renewed my contract recently. They mention in the contract my salary 3000 aed when it is 4350. aed. What is the reason for this? Past 2nd year now with them but no 2nd increment yet.

        Please tell me what I should do. I have brought my family here and now i’m starting to suffer as i have many payments pending and my company is not listening to me. And no update for balance payment form client.

  • hi mr.deepak
    i want clarrify that if a person misguided by the employer and signed the job agreement without reading as i am . i dont know what is written in my salary agreement.
    and as i know according to the law if employee taken loan from employee , the deduction should b not more than 10 % . but our employee deducted 30 % wages in the name of visa expense.
    after all he is just hire me on too minimum salary and responsibilities i got are also too much

    appriciate your quick responce in mail ..
    thanks

    • Muhammad,
      You must read any agreement before signing; employment contract included!
      Deduction of wages is not right.
      You could file salary complaint with MOL.

  • Dear deepak,

    I am working currently uae in star hotel i come here a company visa for two years now i am in a probation period, if i am give resign and going back to my country and i am search new job in dubai if i will get ban here. Pls give me reply

  • Good Day Sir,
    Just wish to verify something from you. I’m an African and I’ve work with this company for 7 months now and I’ve not been able to save even 5 dirhams because of the way they Pay our salaries. But my visa is only three months now because it took a long time to be stamped cus of Financial problems.
    First what I wish to verify is can I cancel my contract since my visa is still showing three months with regards to the probation period?
    Secondly the owner of the restaurant his owing our August, September till now the second week of October. When we ask him he keeps playing with words and we have rents to pay, food to eat. If I take him to labor, will he be forced to pay my salary and cancel me?
    Thirdly, he has refused to employ workers because he is not using the WPS to pay our salary, so he is afraid that if he employs another worker, they will check and find out that he hasn’t created any account for the old employees and will find him. So we are forced to do the work of three to four people.
    What do you think I can do in this case?

    • Enow,
      Probatiion period starts from the day your labour approval is obtained and your first day.
      If your salaries are not being paid, you could complain with MOL.
      Looks like he is gaming the system!!

      • Dear Deepak,

        Hope you receive this.

        I am working in Sharjah Airport International Free Zone, in Sales.

        A client of mine had run away with credit of 500,000 AED recently or it seems that he has run away. Client working with my company constantly for 2 years with no big issues but small issues here and there from time to time but never like this regarding payment. It was my managements decision to give larger credit amount.

        Anyway my management decided that this is my fault even though I bring them newer clients and other clients work ongoing.

        They have been deducting my salary for 2 months on the basis that I am somehow “involved” with this runaway client in eating this money from the company. That I have helped him somehow. I asked for proof but they are saying things like they will tell me later or that I will know soon. I am still working with them normally but when it comes to salary their response is that I am responsible for this person to run away. They have made complaint to police and made case against him.

        They have withheld all commission for this client even excluding this amount (understandable) and other clients, my allowance is flat deducted and my salary is listed as 3500 with 500 home 350 transport. But they only give 350 allowance and my salary is 4000 aed.

        I even renewed my contract recently. They mention in the contract my salary 3000 aed when it is 4350. aed. What is the reason for this? Past 2nd year now with them but no 2nd increment yet.

        Please tell me what I should do. I have brought my family here and now i’m starting to suffer as i have many payments pending and my company is not listening to me. And no update for balance payment form client.

  • Hi. Sir.

    I m working in a coffee(limited contract) shop n already completed 1 years….. I m graduates in hotel management…. So I want to know abt ban… If I have offer new job …I can join or not

  • Hi!good day. im currently employed and under probation to non freezone company which is LLC and i found a better job (LLC company also) offered me slightly higher salary. if i resign under probation period will i get a 6 months ban?and the salary offered to me is lower than the 5k range for high school diploma holder.will i get a ban if i resign under probation period?

  • Hi Mr. Deepak,

    I realy appreciate your politeness in replying for all the post.

    I have few clarifications and it will be great if you can help me on that.

    I came to UAE on Jun 2014 and was working in a company as Sales for 8months because the salary was 4000AED I couldnt manage with that salary so applied for new job and got for 7000AED as purchase executive. Now this current company is not paying the salary on time, they are paying almost by 25th of every month and that is also not confirmed. I have worked here only for 4months. I am afraid to continue here. If I get a new job after 2016 will I be getting a ban? As my family is also here will there be a problem. Please advice.

  • hi Deepak

    Just wanna ask question, if for example you want to leave the company, you have finished your 1 year. the reason is, your employer calling you bad words, let you work even your off and if you didn’t work he will say something bad, then extended work without payment for example our office timing is until 6pm he will extend 2 or 3 hours. I have many evidence of all what he did, even to other employee he did beyond of the job description. will I win against him? possible I will have ban if I resign?

  • Respected sir,
    I have a question on my mind can a person leave or ask for release from a company after only 1 month of work and he/she has already signed all the paper?he/she is working in a coffee shop and has a basic salary of 900 dhs(actually promised of higher salary and said 1hour break in the middle but no break actually), 9 hours of duty (but
    actually they let them work for 12 hours) and has
    no off day.
    Please reply and thank you very much for suggesting all the people who are in trouble..

    • Nyima,
      That is completely inhuman. How can somebody make someone work all days of the week??
      You must be paid overtime and compensatory off must be provided.

  • Hi Mr. deepak i join a company in March 2015 and completed my 3 months of probation period as per my offer letter my salary is 2500, 1500 basic salary 1000 allowance, and after 3 months my salary will increase to 3500 but after 3 moths they said that they will increase after 6 months and suddenly they reduce my salary to 2000 and saying that you you will get only 2000 Dhs salary if you do not want to continue than cancel your visa and go back and also saying i have to pay visa cancellation amount, and they are giving basic salary 1500 in bank allowance since July they did not give, and also they hold first month salary, no week offs and no over time money.
    please advice me what to do this is my first experience in UAE .

    • Mohammed,
      Salary can not be decreased as per the whims and fancies of the company. Salary as per the labour contract must be paid.
      You could file a complaint with the MOL in this regard.

  • deepak please i need to clarify if it is legal for the company to send me back or force me to my country of origin? in my case philippines. or i could just exit on my own expense in oman or kish. my company has a bad reputation in labor, they had lost in some cases filed against them within the minstry of labor because of holding passport and not paying the employees with their salary. i am currently applying for new jobs at feezone. if i will get employed before they cancel my visa. can i start working immediately? i only have a copy of my passport. the company has my original passport. thank you deepak. your reply would be of great help.

    • Mel,
      They can insist but can not force you to go back to country of origin.
      However, before applying for a new visa, you will have to exit the country.

  • im waiting for the cancellation of my visa, i was recently terminated under probation, unlimited contract. the hr personel advised me to wait for the cancellation of my visa and my one way ticket to my country of origin. my question is can i resquest not to go back to my home country? perhaps exit in oman or kish? so ican find another job in freezone. i plan not to sign the cancellation if the pro will insist for me to exit to my country of origin. will i have a criminal liability? is repatriation in the country of origin cumpulsary? do i have any other option? i need to stay in uae ti find another job. please help me with this matter. thank you deepak.

    • Mel,
      Company could insist that you exit UAE. However, you could fly to any country.
      You can then fly back on visit/tourist visa.