Termination of Labour Contract in Dubai Abu Dhabi UAE

TERMINATION OF LABOUR CONTRACT-Provisions under UAE Labour Law

UAE Labour Law is comprehensive when it comes to how and in which circumstances an employment contract or labour contract can be terminated. UAE Labour Law Articles from 113 to 131 detail the circumstances in which both employees and employers can terminate the contract.

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To Download UAE Labour Law, visit this post.

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Below are the various clauses regarding Termination of Labour Contract:

UAE LABOUR LAW ARTICLE (113)

The employment contract is deemed to be terminated in any of the following cases: –

  • In the event of mutual consent by both parties to terminate the contract provided that the employee’s consent is made in writing. –
  • On expiry of the period specified in the contract unless the contract is expressly or implicitly extended in accordance with the provisions of this Law.
  • At the option of either party in unlimited contracts provided that the provisions of this Law regarding warnings and acceptable causes for termination of the contract without abuse are fully complied with.

UAE LABOUR LAW ARTICLE (114)

A contract of employment shall not expire by reason of death of the employer unless the subject matter of the contract is related to him in person. However, the contract shall terminate by reason of death of the employee or in case of his total disability to perform duties established by a medical report approved by the competent State Medical Authority.

If partial disability of an employee permits him to perform different duties which conform with his health state, the employer shall transfer the employee, at the latter’s request, to another job of such other duties and shall pay him the remuneration normally paid by the employer in similar cases without prejudice to entitlement and indemnity accrued to the employee in accordance with this Law.

UAE LABOUR LAW ARTICLE (115)*(* Amended by Federal Law No. (12) of 1986.)

If the employer has terminated an employment contract with a limited period, for reasons other than those provided for under UAE Labour Law UAE LABOUR LAW ARTICLE (120) hereof, he becomes liable for payment of compensation to the employee against damages sustained by him, provided that the sum of compensation in all events, may not exceed the total pay due to him for a period of three months or for the remaining period of contract whichever is shorter, unless the terms of the contract provide otherwise.

UAE LABOUR LAW ARTICLE (116)(* Amended by Federal Law No. (12) of 1986.)

If the contract has been terminated on part of the employee, for reasons other that those provided for under UAE Labour Law UAE LABOUR LAW 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.

UAE LABOUR LAW ARTICLE (117)

1. The employer and employee may terminate the employment contract with unlimited period, for a valid reason at any time after conclusion of the contract by written notice duly given to other party, thirty days at least prior to termination.

2. In respect of daily pay employees period of notice shall be as follows:

  • On week in the employee has worked for more than six months but less than one year.
  • Two weeks if the employee has worked for at least one year.
  • One month if the employee has worked for at least five years.

UAE LABOUR LAW ARTICLE (118)

The contract shall continue to be valid throughout the period of warning referred to in the preceding Article and shall expire with the expiry date of the warning. The employee shall be entitled to full pay during the notice period on the basis of last pay he earned, and he shall have to perform his duties during such period if so instructed by the employer. It may not be agreed to waive or reduce period of warning but it may be agreed to increase such period.

UAE LABOUR LAW ARTICLE (119)

If the employer or the employee has failed to serve notice to the other party for termination of the contract or has reduced the notice period, the party obliged to serve the notice shall pay to the other party an indemnity called “Compensation in lieu of notice“, and it is incurred by the other party as a result of failure to give notice or for reduction of said period, and the indemnity shall be equal to the employee’s pay for the notice period in full or in proportion to the diminished part. In regard to employees on monthly, weekly, daily or per hour work pay the notice allowance shall be computed on the basis of last pay earned by them. With regard to employees paid on piece work basis, allowance shall be calculated on the basis of the average daily pay provided for in UAE Labour Law UAE LABOUR LAW ARTICLE (57) hereof.

UAE LABOUR LAW ARTICLE (120)

The employer may dismiss the employee without notice in the following cases:

1. If the employee adopts a false identity or nationality or if he submits forged documents or certificates.

2. If the employee is appointed under a probationary period and dismissal occurred during or at the end of said period.

3. If he commits an error causing substantial material loss to the employer provided that the latter advises the labour department of the incident within 48 hours from having knowledge of the same.

4. If the employee violates instructions concerning safety of the place of business provided that such instructions are displayed in writing at conspicuous places and in case of an illiterate employee the latter be informed verbally of the same.

5. If he fails to perform his basic duties under the contract of employment and persists in violating them despite formal investigation with him in this respect and warning him of dismissal if the same is repeated.

6. If he divulges any secrets of the establishment where he is employed.

7. If he is awarded final judgement by the competent court in respect of an offence prejudicing honour, honesty or public morals. 8. If during working hours he is found drunk or under the influence of drug. 9. If in the course of his work he commits an assault on the employer, the manager or any of his colleagues. 10. If he absents himself without lawful excuse for more that twenty intermittent days or for more than seven successive day during one year.

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. b. If the employer of his legal regal representative has committed an act of assault against the employee.

UAE LABOUR LAW ARTICLE (122)

Termination by the employer of an employee’s service is considered arbitrary if the cause for such termination has nothing to do with the work. In particular, termination is considered arbitrary if the employee’s service has been terminated on grounds, or a reasonable complaint lodged by him to the competent authorities, or on grounds of a justifiable action brought by him against the employer.

UAE LABOUR LAW ARTICLE (123)*(* Amended by Federal Law No. (12) of 1986. )

a. If the employee has been arbitrarily dismissed, the competent court has the jurisdiction to give judgement against the employer for payment of compensation to the employee. The court shall determine the amount of this compensation, taking into consideration the nature of work sustained by the employee, period of service and after investigation of dismissal circumstances. Provided that in all cases the amount of compensation should not exceed the employee’s pay for a period of three months, to be worked out on the basis of last pay due to him. b. The provisions of the preceding clause shall not prejudice to the employee’s entitlement to the gratuity due to him and notice period provided for in this Law.

UAE LABOUR LAW ARTICLE (124)

The employer may not terminate the service of an employee for his health deficiency before he avails himself of the leaves lawfully due to him. Any agreement to the contrary is deemed null and void even if it is made before this Law comes into operation.

UAE LABOUR LAW ARTICLE (125)

The employer shall provide the employee at the end of his service and at the latter’s request with an end of service certificate free of charge. Said Certificate shall include date of appointment and date of termination, total period of service, nature of work performed by him and his last pay plus allowances, if any. Certificates or diplomas, papers and tools belonging to the employee shall be returned to him.

UAE LABOUR LAW ARTICLE (126)

If any change takes place in the form of the establishment or in its legal status, valid contracts at the time of change shall continue to exist so between the new employer and the employees of the establishment, and service shall be deemed to be continuous. Both the former and the new employers shall jointly be liable for a period of six months for the fulfillment of obligations arising from contracts of employment in the period prior to such change and after the lapse of the said period the new employer shall be solely responsible.

UAE LABOUR LAW ARTICLE (127)

If work assigned to the employee allows to acquaint with the employer’s clients or have access to the secrets of his work, the employer may oblige the employee that after termination of the contract he may not compete with him or take part in any business interest competitive to the employer’s. Such agreement shall be valid only if the employee has reached the age of 21 years at the time of its being executed and if the agreement is limited with respect to the place, time and nature of work to the extent as is necessary to safeguard the lawful interest of business.

UAE LABOUR LAW ARTICLE (128)

Any non-national employee who absents himself from work without lawful reasons prior to the end of the contract for a limited period, may not take up employment elsewhere even with the consent of the employer for one year after the date on which he absented himself from duties. And no other employer who is aware of that may employ or keep such employee in his service during such period.

UAE LABOUR LAW ARTICLE (129)

If the non-national employee has notified the employer of his desire to terminate the contract with unlimited period and has absented himself from work before the end of the legal notice period, he may not take up employment elsewhere before the lapse of one year from date of absence from work, even with consent of employer, and no other employer, who is aware of the case may recruit him or keep him in service before the end of such period.

UAE LABOUR LAW ARTICLE (130)

The provisions of UAE Labour Law UAE LABOUR LAW ARTICLE (128) and (129) exempt non-national employee who obtains prior approval of the Minister of Labour and Social Affairs before taking up another employment with the approval of the original employer.

UAE LABOUR LAW ARTICLE (131)

Expenses for repatriation of an employee to his place of origin or any other place agreed upon by both parties shall be borne by the employer. If the employee after the end of his contract takes up employment somewhere else, repatriation expenses upon termination of his service shall be paid by the last employer subject to the provisions in the preceding clauses, and if the employer has failed to repatriate the employee and has not paid the repatriation expenses, the competent authorities shall do this at the employer’s expense by way of attachment. If the cause for termination of contract is attributed to the employee, his repatriation will be arranged at his own expense if he has the mean to pay.

UAE LABOUR LAW ARTICLE (131) (REPEATED) (* Added by Federal Law No. (12) of 1986.)

1. In application of the provisions stated in the preceding clause, the expenses of employer’s repatriation shall mean the cost of his travel ticket and whatever is provided for in the employment contract or in the bylaws of the Establishment, such as the employee’s entitlement to travel tickets for his family and costs for shipment of his luggage.

2. In the cases where the employer provides the employee with accommodation, the employee shall be obliged to vacate the accommodation within a period not to exceed thirty days from the date of his service termination.

3. The employee may not delay vacation of accommodation, thereafter, for any reason whatsoever, provided that the employer fulfills his obligation towards the employee with respect to the followings:

  • Expenses defined in Clause (1) under this Article.
  • End of service remuneration and any other dues assumed by the employer under the employment contract or the bylaws or the Law.

4. However, if the employer raised a dispute with respect to the amount of expenses and dues referred to above; the competent labour Department shall determine urgently the amount of such expenses and dues, within one week of a notification being sent to it, provided always that after such determination is made by the Labour Dept. the employee must be informed forthwith.

5. In such a case, the validity of the thirty days period referred to in Clause 2 under this Article, shall take effect from the date, the employer deposits the expenses and dues determined by the labour Department, with the treasury of Labour Dept. as a trust. If however the employee has failed to vacate the accommodation after expiry of the said thirty days, the Labour Department, in cooperation with the competent authorities in the concerned Emirate, will take the necessary administrative action to secure vacation. 6. No provisions under this Article is deemed to prejudice the right of employee to litigate thereabout before the competent court.

UAE LABOUR LAW ARTICLE (131-a-1)( Added by Federal Law No. (14) of 1999.)

1. Employer shall undertake to submit a bank guarantee to the competent labour department. The type, amount, procedures and companies and establishments subject to this condition, as well as other relevant provisions shall be defined by a Cabinet Resolution. Such guarantee shall be for the good performance of the employer’s obligations stipulated in Articles 131 and 131-a herein.

2. Deduction of amounts from the bank guarantee mentioned in para (1) of present article shall be by virtue of a court judgement, except for the following:

  • Return expenses of the employee to his home country or wherever as agreed with employer.
  • Amounts acknowledged by employer before the competent labour department as entitlements of employee. In both cases, the Ministry may deduct such entitlements from the guarantee referred to in Para (1) hereof and pay the same to the employee to settle his dues.

347Comments

  1. Jean says

    Hi Deepak,

    I just wanted to ask I am under a limited contract and I want to resign from my current company for the reason that our salary has been delayed for almost 4 months now. I wanted to know should I still be liable for the 45 days payment as stipulated on my labour contract and can they give me an additional 6 month administrative ban on top of the automatic labour ban if I resign?

    Thank you.

    Jean

    • Deepak says

      Jean,
      You should first file a complaint with regard to non payment of salary and MOL will guide you on how to file resignation.

  2. nani says

    Help me pls…what happen if my company going ro sell and buyer dnt want us to work with a new buyer what happen to us. My contract not finish yet what will ill do? Pls help me. Our contract is limited.

  3. Rachel says

    Hello! Thank you for the interesting article.
    I have a question. If I have a local unlimited contract and I have now been told that the company can no longer afford me and that my last working day will be the end of August, do I have any rights? Or can they just do this? Should I be compensated in any way? They say I will only get paid until the end of August. I don’t think this is fair as I have not been given any written warning that this was going to happen. Thank you in advance for your help!

  4. santosh says

    Hi Deepak, I have joined in JAFZA base company recently(2 months ago), i am planning to change the company due to several reasons. I got an offer from DIP base company. My question is, as per the JAFZA law, is company eligible to recover all visa and ticket expenses during the final settlement as i am leaving during probation period? Will be there any difficulties in getting new visa in my case? Expenses recover term is not mentioned in offer letter and contract as well. Can i approach JAFZA office, if i don’t get the final settlement from company? Is there any way to change the visa by without exit this country?(from JAFZA Visa to DIP Visa)

  5. Mohamed says

    Hi Dear Deepak,
    I was working with a company for five year and one month(Terminated by employer). So how i will calculate my gratuity? is that 30 days gratuity will be effective only for after five year?, i mean in my case it will be effective only for one month?. And what about my ticket fare? Actually i change my status without exit from UAE. Currently i got new visa from my new employer, still my previous company will be responsible for ticket payment? Also is am able to get an experience certificate from my previous employer? are they responsible to provide experience certificate on request? my visa was stamped as a “office clerk general” But in my offer letter was showing as “Designer” But in my internal office record including my final settlement sheet is showing as Sr. Cadd Technician. so how they will mention my designation? Can i have your personal email id for any further inquiry. Thanks. And I appreciate your dedication.

  6. Abdul says

    Dear Sir,

    I have completed my two years limited contract with my previous employer in Feb-2015. My previous employer did not renew my contract and I was jobless for three months. Now I got an offer from a trading company who does the same trading activity of my previous employer. Kindly advise me whether I can work with the new offer since I singed a labour contract with previous employer on item 127 of labour law no.8 mention “second party will not work with competitor or create competing business against first party in case termination or resignation for one year from the cancellation date”.

    • Deepak M says

      Abdul,
      What is your profile? Were you handling something strategic in your previous company?
      I don’t think you should be worried!

      • Abdul says

        Dear Sir,

        I was working as Sales Manager and got offer for same post. I know old company customers and I can approach same customers with new company products. I was involved in sales only, not much into strategic role. It is normal trading business.

        I completed two years during and last working day I received a letter mentioning that ” management decided not to renew your contract”

  7. mahendra says

    dear sir,
    my brother is working in security company last 4 yrs and they found my brother in influnce of alchahol.They terminated my imposing artical 120 8 without any benifits (graguity).my brother doesn’t want to leave it and want file case against company .so sir may i know about artical 120 fully and how to file case against company .I would remain grateful to you if you help to get my brother graguity money …..
    mahendra

  8. Harichandra says

    Deepak sir
    I working in LLC company limited contract 2 years
    my labour card
    started date 9.Aug. 2014 expiry date 8.Aug. 2016..
    but my emirates Id
    started date 16.Feb. 2015 expiry date 16.Feb. 2017
    which expiry date is consider…If the labour card is correct after completing one year like 10.Dec.2014 will go to vacation not come….is any ban…If I will come another company in dubaI… how many months it will take….please suggest me sir…..is it possible…thanking you

    • Deepak M says

      Harichandra,
      The date of you labour card is considered as your joining date and end date of your contract!

  9. Ali Asghar says

    Respected sir deepak. i recieved an offer letter from my company i considered it my final decision to work with with that company. I also recieved an offer letter from other company but i did not sighn it because of my first agreement and i am was on long term visit (3 months) but when i sighn an offer letter with my company i exit to my country after 40 days. So my time is wasted my money is wasted i missed other job opportunities. Respected sir now my company says that we are not sending u a visa and yours documents wl be back now what law says about this case?
    Stay blessed. Regards Ali Asghar.

  10. Muhammad says

    Dear Deepak,

    How are you, I would like to ask about article 127. My previous company added this clause on my labor contract that “2nd party cannot work in same competitor in UAE for 2 years after resignation According Article 127”. My designation on labor contract was Archives Clerk but I was working as web designer and I worked there for 2.5 years. I resigned in july 2014 and serve my three months notice as per my contract and I joined the new company in October. My new company is competitor company doing same business of web designing. My designation here is sales executive on labor contract, but I am working as Senior Graphics Designer. Now my old company is behind me all the time asking to resign or else they will do case in court. Note I never had any interaction with clients and had no confidential information. I was just doing designing.

    Please advise what is my standing in this case if they submit case against me.

    • Deepak M says

      Muhammad,
      I have received numerous emails with this same issue.
      I do not see any problem in this as you have not been handling strategic issues.
      How did the company know you have joined here in a new company?

  11. vipin v nair says

    hi deepak,
    i want to know about the experience certificate,i am resigned from my company and now i am in notice period for one month,but my company is not willing to give me the experience certificate,i have 2 years service in this company.what to do to get this ,is any clause in lab our ,please reply

    • Deepak M says

      Vipin,
      there is no such clause.
      But why is your company acting so cheap? It does not cost them anything!!!

  12. Nadia says

    Dear Sir,

    I have a question concerning fixed term contract, which has recently been terminated without cause. The indication has always been that the contract term is automatically renewable (thus indefinite contract) and it is the case for all other colleagues on the same terms.

    My question is, do I have any rights to with regards to compensation? I was given 30 days notice, which I have worked, plus my gratuity. Is there any other compensation to which I may be entitled – this is my second contract and its end date was not renewed despite their assurances that it would be.

    Appreciative of any response.

    Thanks you.

  13. sascho says

    Dear Deepak,
    thanks first of all for the tool you are providing which certainly helps a lot of people to get more confident on their issues, keep on going!

    My company has filed a complaint against me for articel 120, disclosing of company secrets. They have checked my company emails without notice to me at all but just filed a case and then questioned me verbally only afterwards.I have tried to reach the GM but he is not willing to talk to me (my direct supervisor). We do not have any HR department at all and the conversation was between me and the Business Development Manager.Is he the authorized person for such situations? I have read that the company cannot check my mails without informing me but the company claims that the legal adviser of MOL has told them that they are right to do so? In general we do not have a confidentility policy in place at all.

    They have also suspended me with a short email but not given me any written information about the accusation which should be the case. My last question, is there any issue to travel for 2 days to Qatar or can this bring me in trouble till the case is sorted. Thanks in advance for your reply

    • Deepak M says

      Sascho,
      It is not expressly written about IT system monitoring in UAE Labour Law.
      However, if the email belonged to the company, then they are the ultimate owner of the email system.
      They can log your emails and there should be an IT policy within your company.
      I don’t think you will face problems visiting Qatar.

  14. Jude says

    Dear Deepak,

    We are working in a Government organization. Without any valid reason we two terminated. Company not willing to conduct a investigation and not saying the reason also.

    As per our contract, Company has to pay 3 months salary but Company claims , they dont give 3 months salary compensation as they terminated for this reason. We are not clear still, what reason we terminated and why company not paying the compensation?

    1. Is there any such reasons Company can defendnot paying this compensation?
    2. No document served for Termination.

    Jude

    • Deepak M says

      Jude,
      1. Depends on the reason of termination.
      2. Termination letter should be served.
      However, note government companies do not come under the MOL labour law.
      They can have their own rules and regulations.

      • Jude says

        Dear Deepak,

        Thanks Deepak for your quick response, we dont know how to handle this situation as we are not allowed to see higher officers and they are also not interested for further investigation.

        Give me your best suggestion how could be handled this situation?

        Appreciate if you drop your mail id and contact details to my mail id.

        Thanks for your understanding and timely help.

        Jude

  15. Christine says

    Hi Deepak.

    I have worked under a unlimited contract for the past 2 and a half years. The company has been “Cutting down” and let a lot of people go. Unfortunately, I am one of them. I have a few questions:

    1. Does this warrant unjustified dismissal?
    2. My employers say that I am not due any repatriation expenses as I was hired out of Dubai. Is this correct?
    3. My employers say that I am not due any unused leave that I have. Is this correct?

    Thanks.

    • Deepak M says

      Christine,
      1. What is the reason for cutting down?? If it is arbitrary dismissal, you should get compensation.
      2. Yes, that is right.
      3. Incorrect. You should get: Cash against leave accrued, salary for the period worked, gratuity, 3 month compensation since you are under unlimited contract.

      • Christine says

        Thanks for reverting back to me on this.

        The termination reason is “restructuring”. They have been letting people go gradually over the year. Does this warrant “arbitrary dismissal”?

        Going back to the “repatriation benefits”. Am I not entitled to a pro-rated annual airfare equivalent at least due to this termination?

        Thanks again.

        • Deepak M says

          Christine,
          You will need to consult a lawyer to define the “arbitrary dismissal”. As per me, I think it is an arbitrary dismissal.
          You should receive one way ticket to your home country.

  16. Monkuttan says

    Hi,

    I forced sign amended contract with minimum notice period 3 month and including Article 127 please advise me the possibilities to change the employer (Job) in normal notice period, without any ban. now I completed 4 years with current employer.

    • Deepak M says

      Monukuttan,
      I don’t think you will face a labour ban. Article 127 is enforceable.

  17. cate says

    Hi deepak,

    Im an employer, noe we have one employee we would like to terminate due to very poor performance. We have given him several verbal warnings and 2 written warnings. He is holdong limited contract and has reached 1 yryear. Mý questions would be : 1. Can i terminate him without notice or with 30 days notice? 2. Will i need to pay him hi gratuity?

    Thanks in aadvance.

    • Deepak M says

      Cate,
      1. You could terminate without notice, but you will have to pay notice period salary.
      2. If the employee has been terminated as per Article 120 of UAE Labor Law, you may not pay gratuity. Please read UAE Labour Law..
      However, please note that you may be required to provide a compensation of up to 3 month salary in case of termination.

  18. Jerin says

    Hi Deepak, My wife is on my visa and she was working. Last month she has quit her job before completion of 2 years. her contract is unlimited. Will she get a labour ban? Also the previous co: has not cancelled her contract yet. what can be done in this case. Plz advise.

  19. Unname says

    I was working on my previous company for 4 yrs and decided not to renew my contract. To make it short, my visa is cancel and currently im looking for new Job.
    usually after cancellation we have 30days grace period then you have to exit from the country and take visit visa.
    My Company is still holding my passport and they keep insisting that i should exit the country ASAP.
    Now HR send me a message that they will file legal case if i will not exit.
    my grace period is not over yet. can my company sue me for staying?

    • Deepak M says

      Your company has all the rights to request you to exit. Because, if you do not exit before the expiry of grace period, they may end up in problem.

  20. Emorej says

    Hi Sir,

    Is it possible that the Labour Card will expire first than the Labour contract? Because in my case my Card will expire on May 10, 2015 but my contract will be on June 10, 2015. Could there by any typographical error?

  21. Jordy says

    Hi Sir,

    I received a termination letter from my company for the reason that my sales is less, but before that I am working in other division for 2 years and my sales is good that time then they transfer me to new division working for more less than 6 months and they are expecting more sales from me considering that the product is new to me. To make the story short my company terminated me. My question is, do they liable to compensate me for 3 months? is this law applicable to me?

    “UAE Labour Law UAE LABOUR LAW ARTICLE (120) hereof, he becomes liable for payment of compensation to the employee against damages sustained by him, provided that the sum of compensation in all events, may not exceed the total pay due to him for a period of three months or for the remaining period of contract whichever is shorter, unless the terms of the contract provide otherwise.”

    Thanks,
    Jordy

    • Deepak M says

      Jordy,
      I guess NO. Because they have a reason for your termination.
      If the dismissal was without any reason/arbitrary, then they should pay you 3 month salary as compensation in addition to gratuity and leave balance if any and air ticket.

  22. Vijay Menon says

    Hello Sir,

    I am working in a Shipping company here in Dubai. I joined the firm on March 2015, Did my medicals and they haven’t stamped my visa on my passport and My management informed me that the company is closing due to some financial crisis. Now the management is mentioning that they will not pay my salary or any benefits to me.

    Please help me how and what are are the procedures to in filling a complaint agnist the company, also want to know whether there is any Ban and what are the formalities to uplift the Ban if any.

    My name: Vijay Menon
    My contact no. +971 5298 71812
    Email: vijay_menon2004@yahoo.com

    • Deepak M says

      Vijay,
      The company has to pay you till the day you have worked.
      However, you are not eligible for any benefits as you have not completed 1 year.

      • Vijay Menon says

        Dear Deepak,

        Thank you for your prompt response. I want to know one more thing. Will there be a Ban for me and what are the procedures to lift my Ban and What are the documents needed to lift the same. Will the company pay for my return ticket as they are currently mentioning that they doesn’t have any fund to pay my salary. Also do help me in how to file a complaint agnist the company for not giving my salary for the days that I have worked.

        Awaiting your prompt reply.

  23. jess says

    Hello Sir!

    I am working as an engineer in a construction company from last September. Now i want to go for further studies abroad and quit my job. Will there be a ban on me if i leave my job now without the completion of the contract?

    I want to know what i am supposed to do now so that i can go for further studies abroad without any ban or penalty .

    Thank you in advance.

    • Deepak M says

      Jess,
      Ban will be automatic for 6 months.
      Since, you are going anyway abroad for studies, it won’t matter.
      You could apply for visit visa, even if you have labour ban.

  24. cliff says

    hi sir deepak

    i have a question…im currently working now in restaurant under limeted contract for 8mos..the question is?if i resign?i need to pay my employer??2nd question if in case the employer termenate me can i get any benifets??

    thank you godbless

  25. Gem says

    Hi Mr. Deepak,

    Gem here, I working with my current employer for 1 year and 4 mos. now and I’m in an unlimited contract. I just want to clarify if I’ll get banned if I’m going to resign now? If yes, is NOC enough to lift my ban?

    Can you explain what was Article 117 about?

    Thanks. (:

      • Gem says

        Appreciate your quick response Mr. Deepak!

        I have another question. If my new salary is the same as my current salary which is below 5000 aed and it’s not freezone but I have my certificates, how do I get lifted from labour ban?

        Thanks! :)

  26. acilegna says

    Sir goodmorning,..
    I have a serious situition .. Ive been working in limited company for 4 mos , and ive been absent for almost 7 days but i have medical certificate,.. And they terminate me,… What benefits i can get when they terminate me?? And this is reasonable to do that??

    • Deepak M says

      Acilegna,
      Did you inform your company about your absence? If you have informed, then they could consider retaining you.
      Are you under probation? If yes, there are not benefits. When you are in probation, the company can terminate you with a day’s notice.

      • Fadhal says

        I personally do not have any legal questions, but would like to thank and appreciate you for the excellent and detailed advices, in a city where every single piece of advise costs bucks.

        Kudos to you and keep up this excellent work.

        Fadhal

  27. Name (required) says

    Hi Deepak just need to ask i have submit my resignation to my company now i am just serving my one month notice period i just wanted to ask one thing that my company can terminate me while serving notice period or they cannot ?

    • Deepak M says

      Your company can ask you to leave immediately. However, they are supposed to pay you for the notice period.

  28. mitu says

    Dear mr Deepak I was working in a construction company since 2005 December.I have resigned in Sept 2014 with due notice and joined another construction company in dec-2014.Now my old company file a case against me with a point that I have joined the competitor company. My Vis profession is Mechanical Engineer .

    There was a other condition mentioned in my last company labour contract that(You are not allowed to work for 2 years with the competitor company). The labour contract was unlimited and was signed by me in 2009.I have to appear to court after 10 days .Please advice me is there any such law .All my residency is already stamped in new company .How should I face the same or I need to take any lawer for the same ..What is the advers effect Can they impose BAN on me.

  29. Ami says

    Deepak ,

    Currently i am working with public limited company with decent salary with unlimited contract .

    I joined last july 2014 , now almost 9 month got over .

    Now my company has no project . ask as to find a job somewhere .

    May be my prediction or my fear that next month company will terminate us .

    My Doubt is whether thet have rights to terminate within contract period.

    In what basic they will terminate us .

    If terminate how many month salary rights to claim from company ?

    Please assist me how to act .

    Ami

    • Deepak M says

      Ami,
      IF you are terminated without any proper justification, your company will need to pay 3 month salary as compensation as you are under unlimited contract.
      You should be paid till the last working day as per contract.

  30. MSY says

    Hi Deepak,

    Hope i will get the below things clarified from you.

    1)My current employer a private company registered under a free zone DMCC in JLT
    2)contract with current employer is limited?
    3)New Employer is not registered under free zone
    4)New Job position is IT consultant -same as previous
    5)More than 12,000 AED per month is offered as salary
    6) An engineering degree holder, Bachelor in Technology

    My employer has terminated the employment within three months of joining(because of no project) and sent me back to my native country however i didn’t receive any info on contract termination but i only got the relieving letter with positive words on my work. Having passed the 6 months of employment termination, i got an offer from client company where i was outsourced earlier but in Non-Competetion Document, it was stated that i should not join the clients for 24 months without the prior consent and at the same time it is very difficult for me to get the approval from them.

    a) What will be the consequences, if i join clients directly without my previous employers consent?
    b) Will i face any legal issues? or do i have to pay any lump sum and if so, how much?
    b) and if there are any issues or legal proceeding, can i handle them? if so, how?

    Note: Please note that my employment has been terminated during probation itself and been transferred to their own branch in another country.

    • Deepak M says

      MSY,
      1. Since you were terminated, I do not think your employer should have any problem.
      2. Enforcing non compete clauses is not straight forward. I do not see any problems.
      3. Get hold of a lawyer.

  31. Emorej says

    Hello Mr. Deepak M,

    I already finished my 2 years limited contract service last March 16, 2015, my Labor Card will expire on May 10, 2015, I’ve already given my Non-Renewal contract letter to the HR last week as I have been offered better opportunity somewhere else. The question is that will I still to render my 30 days service to the company OR right after my labor card expiration will be my last day? Regards.

  32. chico says

    Hi, I have recently resigned and previous company made final settlement payment calculations lower by not reimbursing me for the previous months salaries that were not paid as per contract and also not paid previous overtime worked with their reasons they don’t want to and feel they shouldn’t pay me at all! So they have made me sign the settlement even though I do not accept this otherwise I cannot cancel my visa which I need cancelled to start new job, but now they saying they will not pay my settlement (even though lower than should be) until I transfer house lease from their name to mine! My question is; can they withhold payment till this is done? As I had informed them when the house lease was due for renewal to transfer to my name but they didn’t and took extended it in their name and I gave post dated cheques to cover the rent (the house has been in company’s name since 2014 but since August 2014 I had been paying rent myself, and now estate agent has informed me their will be a penalty to pay to cancel the lease yo transfer to my name which is 2 months rent! For which company is saying they won’t pay, this, and won’t pay gratuity and final salary till lease transfered but I need the salary payment to pay this! So can they withhold my settlement? As the fault of house lease still being in their name is due to them, as only today 4 months after I asked for lease to transfer to my name did they draft letter of no objection to transfer the lease resulting in these penalties!

  33. Sam says

    I am employer, I hired an employee in September and by November he got involved in fight with another employee physically attacking him. We provided warning letter and by January he gave us resignation letter, I told him to give me 60 days to find replacement and by end of March I wanted to replace him he mentioned he was happy in his job and did not want to leave. two weeks later he mentioned he wanted to leave and it has been a week he did not show up for the job. What can I do in this situation?

    • Deepak M says

      Sam,
      First of all you should try contacting him.
      If you are unsuccessful, you must file a complaint with the police about missing.
      Then you must also file absconding complaint with the MOL.
      I hope he has not started working elsewhere on your visa!!!

      • Sma says

        He was actually in contact with me and he is stayin in our camp. He came on fourth day asking to work “part time” so he can take time to find other job.

        I need to cancel him without paying any fines. His total employment length is 7 months.

      • anonymous says

        i am on unlimited contract and gave 30 days notice to the employer and they did not accept my resignation, now i hv left the country and come back when i contacted my employer they said we will put up a absconding case and u will get a life ban,,,,pls hel as i was within the probation period and left…..tell me will i get a life ban

        • Deepak M says

          Anonymous,
          Yes, employer could file absconding case against you as you have not legally exited by giving them proper information.

  34. rhea says

    hi sir

    im working as a nurse in a private hospital. i finshed 1st year of my second contract. now i got a better offer from a semi govt hospital. i given my resignation letter last mar 16 and served the one month notice which ended last april 15. from 16th pril till now i stopped working. but till now they are not approving my resignation. they actually dont want to accept it. since they withold my salary for the month of march i was thinking they are processing my resignation. i talked to the hr so many times in a nice way but to no avail… what i will do and they are threatening me that if i dont join back to duty they file absconding case to me.

    • Deepak M says

      Rhea,
      Well, you should definitely not work for an employer who starts threatening you over resignation!! How rude is that?
      You should now file a complaint with the respective authorities.
      Filing absconding case is not cakewalk. The company will get into trouble if they do so without proper reasons.

  35. Abdul Gafoor says

    My wife (In my sponsorship) is working in a proivate company for a limited contract of two years. As per signed labour contract, the contract ends on 30 August 2015 whereas in labour card expiry date is on 2nd November 2015. Company says that they consider the labour card date, not the signed labour contract. Please advise which will be considered to determine the contract end date. Ban is based on the labour card date or labour contract date. Please advise.

    • Deepak M says

      Abdul,
      Labour contract will be effective unlike what company mentions. Labour card issue takes time after issue of labour contract.

  36. Syed says

    Hi Deepak,

    Firstly great work boss for providing assistance to all those who are not really aware about Labour Laws.

    I have a query as i have been working as Accountant with Limited contract since June 2013 and my contract will be expiring on June 2015 but my employer wants to end my contract right now. I just want to know what are the benefits that i can ask my employer if he cancels my contract.

  37. Confused says

    Hi my previous company had me sign a non compete clause after i resigned which i did sign for them to release my entitlement, but the scope given was globe and worldwide and the time of duration is 5 years, is this reasonable and valid?

    • Deepak M says

      Confused,
      Implementing non-compete clause is easier said than done. I don’t think you should worry too much about this!

  38. Mrs.M says

    Sir,
    This is Mrs.M. I forgot to tell you that The company is under LLC unlimited contract

  39. Mrs.M says

    Hello Sir,
    I’m working in a Dental Clinic as Nurse. I’m just new in my job about 4 months. They just fired me last Wednesday Dated April 15,2015. Because i filed a complaint against my boss to tne MOL for the reason that they want me to pay them 12,000 dhs. in order for me to take leave for 3-4 mos. because I’m going back to Philippines to gve birth by July. my question is how many month is my ban?? And do you think they will going to give one way ticket? I also worked from april 1-14 and they fired me last april 15. Is it possible to get any salary from them since i worked for 14 days? My problem was about the complaint bpecause they encode the wrong statement about my complaint against my boss. They encode it as ‘i complain because i am nit receiving my salary’ that is the wrong statement. I am planning to ask the people in Tasheel to change it because of the wrong statement. It is possible for them to edit or change my complain? Please help me Sir. Thank you…

    • Deepak M says

      Mrs.M,
      Yes, you should get salary till the last day of your work.
      Ban will be for 6 months.
      I am not sure whether you can edit the complaint.

  40. SONA VIJAY says

    Hi,

    I am holding husband sponsorship visa and having labour card which is issued by one trading comapny and there is one more year pending to finish my labour contract. As i am not having my salary on time and my salary is pending for 2 months.. Can i leave the company without one month notice period? Am i eligible for any benefits from the company?I need to get one round way ticket to my native place as well and the company is rejecting to pay the ticket fare. could you please advice me.

    • Deepak M says

      Sona,
      you could resign from your position. However, you will have automatic labour ban at MOL.
      No, you will have to adhere to notice period as per labour contract.
      Airfare is as per company policy. If you have completed 1 year, company must pay you gratuity, unutilised leave etc.

  41. Yasir says

    Hi Deepak,

    Hope you are doing great. I have one serious issue now believe you will guide me the best way to solve.
    I joined a private sector company in Dubai last month in Feb 2015 in limited contract with 6 month probation period. I got a offer with 12000AED I have graduation attested degree. I informed my owner that I m leaving he deduct my one month salary and push me to work 15 days to hand over with pay as well. Plus he threat me that he will ban in uae forever or one year as he has very powerful connection. advise me that as this is my future and I m very disturb now. I am sure you will be guide me the best.

  42. Sajeesh K.M says

    Dear sir,

    How can i check visa application status with my passport details?. I signed offer letter on 04/03/2015. They told already processed visa application. Now approval waiting from ministri of labour. this message received from company on 21/03/2015. Normaly howmany days need for new visa issuing from ministri of labour?

    Please reply.
    Thanks &Regards
    Sajeesh

    • Deepak M says

      Sajeesh,
      Can not put a time frame on application process. Depends on many factors.
      Visa is issued by DNRD and not labour department!!

  43. waqas says

    hi sir
    i came in uae about 2010 and i live there 2 years but my owner didn’t stamp my visa once my owner pay fine but he didn’t stamp my visa and because of some family problem i had cancelled and jawazad find me 3000dhr which i couldn’t pay it but now i want to go back in uae. i don’t know how long is Ben on me. help me in this case. so that i solve my problem.

  44. Lady says

    I’m work in a contracting company here in UAE, already finishing my contract this May 2015. I want to transfer for a new company with the same field as the current company, are they allowed to sue me for a case in court if I transfer since they let us sign a letter that we cannot transfer to a company with the same field of work as they have. But as I go through my contract it is not stated there that we cannot transfer to competitor, only that letter we sign. Need your advise on this. thanks

    • Deepak M says

      Lady,
      Why do you think they will sue you? Do you hold any company business secrets/strategies?
      If it is a non compete clause, it is tougher to implement.
      You should not worry!

  45. Sanjay says

    This is Sanjay was working in dubai based 35 year llc it company not giving salary from 4 month and Jun 29th company terminated me now company not giving my full and final settlement that is more then one year salary and not cancelling my visa.
    Please suggest I have Dubai visa but staying in Abu Dhabi can I file a complaint in MOL Abu Dhabi

      • Sanjay says

        Thanks for your replay
        I want to ask you that my visa is going to expired on 11th may 2015 and my labour card is already expired and my contract is unlimited.
        So can I file a complaint in MOL after visa expired or before that.

        • Deepak M says

          Sanjay,
          You could file whenever you wish. However, once it is cancelled, you will have nothing to do with the company.

  46. sharafudheen says

    dear sir,
    iam working in a company with unlimited contract for 3 months,now i would like to resign my job, i told to my MD about this matter,he asked to me 10000 AED ,without this amount he not allowed to leav efrom here,what can i do,iam ready to pay visa expense(4000 aed) please help me

    • Suzan says

      Hi Deepak,

      I have an company`s Visa and i resigned and got my cancellation papers. I got an offer from a company and signed a Contract with them. I gave them my papers in order to transfer my visa but it took so long while doing so. After a while i had some major issues with my family which didnt allow me to work anymore and was not able to attend work though. Accordingly, after some time, i have received an email from my company terminating my employement with them. (they didnt do any visa that time). Recently, i got an offer from a new company. But what i need to know is; will there be any problem for me to join them?

      Hoping your reply.

      Thanks.

      • Deepak Machado says

        Suzan,
        I do not think there will be problem.
        From what you mentioned, as the company did not process your visa, you could join the new company.

  47. Idris says

    Sir, I am working in company from 18 months,
    I got a new offer from other company & i signed the employee agreement.
    But now i dont want to join that company, as I havnt resigned from my current company & dont want to.
    Can you please guide me on this,
    Can i nullify the new agreement which i have signed. will there be any consequences.?

    Hoping for your reply

  48. Ah says

    “Your contract will be signed once we have the employment visa in place and your contract will be subject to UAE labor law”

    This message received in my new offer is that something correct ?

    I mean i should first sign contract with him then he can start the visa process.

  49. sara says

    Hi good evening I just want to ask I’m working as a sales in llc company I was working 4 year and 6 month I got pregnant and when my company knows that my be they thing about my 3 month leave so they send me termination letter and I didn’t do any any mistake and my working our is 12 hour even they never gave me over time plz help me what should I do aim 3 month pregnant now and difficult to get any job till I delivered my baby

    • Deepak Machado says

      Sara,
      This seems to be a classic case of arbitrary dismissal.
      Please contact MOL for a solution. They will help you.
      800-MOL

  50. Sanaj says

    Hi Deepak

    I have a query…I am in visit visa and I got an offer from a company and I signed the offer letter and submitted the documents required for the visa process,, within one week of time I got better opportunity from other company and asked the first company not to process my visa but they told me they already got my quota approval and they have to apply my visa and cancel at the same time to save their quota. I asked them whether I will get ban and they told me since I haven’t signed any contract I won’t be getting any ban. Once it cancel I can ask my new company to apply.
    Kindly advise whether the information given to me is true…will I get ban?

    Thanks in advance for your advise

    Sanaj

  51. Judy says

    Dear Sir,

    Please enlighten me.
    My husband has resigned in lieu with the expiration of his visa which is Feb. 26, 2015; he had served the 30-days notice. (He’s resignation was filed on January 27, 2015). So as far as we understand, he is only allowed to stay here in UAE up to 26 of March, 2015. When their PRO cancelled the visa in the labor office today, March 17,2015, the labor officer told him that he still have 30 days from today to stay in UAE. so it means he’s still allowed to stay up to April 15, 2015.
    But as per the PRO, it’s not correct. The visa’s grace period will prevail not the cancellation. so if he travels on April 15 he will pay the fine..
    Please advice which is correct.

  52. singh says

    Hello,

    I have worked in my company for more thn 6 months now, but i dont see the company growing and even my salary is not revised, every one in office works for 10 or more hours.
    i have offer for slightly raised salary. but ofcourse, the company i want to join has better working conditions.
    please tell me the way to get out of this company without any ban.

    Much appreciated.

    Thanks

  53. Don says

    Brother, X company closed without filing closure and my visa is still under X company. Y company hired me and we went to labour office to file a complain so my visa can be cancelled. Due to the labour ban, i am now thinking of just waiting for my visa to expire on 2016 from my X company. Labour office is pushing me to cancel because i already reported company closure but i did not sign. My query is, if i go out of the country and come back, will there be any problem for me while using X company visa which is still valid? Will Labour office instruct Immigration to hold on arrival? To my knowledge, as long as i did not sign any agreement to cancel my visa, Labour cannot cancel my visa. Please advise since me and my family are travelling out of the country on 14th of April and will be back 30th of April 2015 and we don’t want any problem in the airport because my son is under my sponsorhip. Thank you for sharing your expertise on this matter.

    • Deepak Machado says

      Don,
      Don’t think there will be problem while traveling.
      Labour department does not cancel visas, immigration does!
      I am not entirely sure about traveling, it is better to obtain clarification from DNRD.

  54. Vince says

    Hi,

    If you worked in a company by 11 months then the company decided to terminate you, do you get ban?

    Thanks,
    Vince

    • Deepak Machado says

      Vince,
      Usually termination does not attract labour ban.
      However, it is better to receive an NOC.

  55. kamalakar says

    Hi sir,

    I am working with facilities management company since 3 years 2 months but now I have a my family problem I submit my resignation only 10 days notice period but my company after my last working date setting me at room exactly 30 days after that my company said your go to another company now we put a ban for you labour and immigration ban also it is possible can you guid me sir.

    Regards
    kamal

    • Deepak Machado says

      Kamalkar,
      They can not impose immigration ban unless you have broken a limited contract.
      Labour ban also may not be applicable as you have more than 3 years of continuous service.

  56. ruchi says

    hi,
    i have been appointed on an LLC visa,limited contract-2yrs on Oct 2014.
    i have a probation of 6 months.
    i wish to leave before a year, purely due to medical reasons, i m falling sick every week and the erratic climate is not suiting me.
    would i be liable for compensation or would i have to serve 3 months notice period or BOTH?

    • Deepak Machado says

      Ruchi,
      You could resign.
      You will not receive any compensation as you are leaving within a year.
      Also you may face 1 year labour ban. Notice period will be as per your contract.

  57. rach says

    Hi,

    I’ve been working for my employer for 3 months and i already have my temporary employment visa. However, there is a medical issue that made me unfit to work. The only problem is that hospital found a little scar in my lung that i might got when i was a kid and it was cured(but i took an xray before and no one told me about the scar as I have already worked in food company and telecommunications company and they said that i am fit to work in my country). And the doctor verified that I dont have any lung diseases or blood infections. But as i have my scar in their XRAY they will not allow me to work here as the xray must be cleared even i dont have diseases as this is part of uae law.

    I completely understand that they are just protecting the country and i need to go back home. However after the results, my boss did not give my salary for this month and ticket so i can back to my country. He is telling me that he spend a lot of money for my visa and other expenses for me. Can i get any compensation for this as i cant come back to my country as i dont have any money now and always send this to my family. What are my rights? Thanks and regards.

    • Deepak Machado says

      Rach,
      Your company must take care of your ticket and must pay your salary for the time worked.
      You could contact MOL for this.

  58. Nicola Lambert says

    Dear Deepak M,

    I have been working under a limited contract with an employer in DMCC for over two years. I have received one warning letter in June 2014 for lateless and lack of consistency.

    In january I received a notice of termination from my employer as I signed a form from a client without checking with my Director. They classed this as breach of trust and put me on three months garden leave.

    My notice period in dMCC contract is 30 days as I am not a manager so I ask the company to reduce this and pay my end of service benefits.

    The must pay the 3 months compensation and 21 days but they only will pay 21 days and not three months compensation.

    I have been told I am entitled to this. Please help.

    Many thanks

    Nicola

    • Deepak Machado says

      Nicola,
      I am not entirely sure how garden leave works.
      But as per my knowledge, you must be paid for the 3 months of forced leave along with the gratuity.
      You could file a complaint with DMCC authorities if this is not obliged.

  59. MG says

    Hi.. I hope you can help me. My husband is an investor in a Building Contracting LLC company since 2002. Due to financial issues and in 2008 the company faced major financial constraints. The labourers in the company complained against the company so that they could leave the firm as they couldnt get paid and get a job elsewhere.

    Now we would like to either sell the trade license or close it and get my husband off this trade license so that he can work elsewhere as right now its not possible.

    We have cleared the labour file as the labourers exited the country and immigration has proof. Plus there is a new scheme by the government where you can clear all the fines accumulated per employee and have slashed it to AED1000 per employee. This has helped us alot and we cleared the file against all those who exited the country and left without removing the complaint.

    However there was one particular person who complained and never got in touch with us neither left the country. Tasheel has recommended to put an absconding case however I am unsure if you can out an absconding case on an employee if he has put a case against the company.

    1) Please let me know how to tackle this employee and get him off the labour files

    How can I just finish this and get my husband out of the trade license.

    2) Should I try selling the license or close it through DED which is extremely tedious and complicated given these issues.

    • Deepak Machado says

      MG,
      1. Would you be able to locate that employee and come to amicable terms to withdraw the complaint?
      You will need to get in touch with a lawyer for best results.
      2. Not too sure about these issues!

  60. Engineer2020 says

    I have been hired by a company and they said i will be in testing period, they have given me offer letter. I am on visit visa and they say that will apply for my visa after month. I have joined them on visit visa, I am afraid if they cheated me after 2 months and say we dont need you. What options will I have as by then my visit will also be expired and I cannot apply for jobs by that time. Getting tension. what should I do or options i would have after 2 months…waiting for your feedback.

    • Deepak Machado says

      Working while on visit visa is illegal. Both you and your company get in to trouble.

      • Trukka says

        Hello. Hope you can assist. If a person was jailed for 6 mths and lashed for crime of morality in Saudi Arabia and deported to their home country, would they succeed in obtaining a labour card in UAE? I know the person has returned to UAE recently and was not detained or questioned at Dubai Airport, possibly because of their new passport?

  61. Annie says

    I joined a real estate firm on 23rd Nov 2014 and was told that they will bear labour card costs and all.. After 2 months i signed my labour contract in 3rd week of Jan which was very simple. Now on 10th of Feb i told them that my husband wll be getting transferred to another country in 2 months and I will have to leave with him. They are asking me to pay back the costs for labour card..They are saying it’s now processed but please note that I don’t have any labour card in my possession yet and am on husband’s visa

  62. Yasir says

    By probation period I got terminate they until now I dnt have cancellation they said u gave to go from accumudation and what I have to get from them can u please help me

    • Deepak Machado says

      Yasir,
      You will have 30 days after cancellation in your accommodation.
      You are not eligible for gratuity as you have not completed 1 year.
      You should receive return airticket and salary for the days you have worked.

  63. dhanya says

    Dear Sir

    I came in an employment visa but not yet signed contract and visa also not stamped on passport now if i quit will there be ban for me

    • Deepak Machado says

      Dhanya,
      if your labour approval is under process, you will have a labour ban.

  64. denmark says

    Need help sir! i am working in a car rental company & my visa is a private visa with a title of a cook. the employer said it was okay and no problem. My work is in the front desk dealing with customers. He wont give my salary unless i collect all the remaining balance from the customers. i dont receive my salary for the month of december & january and now its mid february. i want to leave my job now but he said i need to train someone to replace me before i go. 11hrs per day of work and only 2000 he gives including all. he always threaten me that he will file a case against me & put ban if i dont get his money outside. Please help. what can i do about this, i want to leave this company and if possible apply to a new work. Thanks.

    • Deepak Machado says

      Mark,
      Employer can not hold back salary.
      You will need to lodge complain with MOL for your situation.

      • denmark says

        Thanks for the reply sir!.
        so he cannot hold back my salary even he said that its my duty to collect money to customers whom do not pay yet.
        my visa is not under his name also and i am not under MOL because my visa is a private visa(household visa /cook) where can i complain about this. Thanks.

        • Deepak Machado says

          Denmark,
          This is completely illegal.
          You can not have visa of one place and work at another.
          Please approach MOL and immigration authorities.

          • denmark says

            Thanks for the reply sir. Where do i stand here.
            He is threatening me that he will open a case against me because of the money outside (balance of the customers) that still not yet paid & for the GPS device that his PRO take from the office that is now out of the country and may not go back. He is blaming me for all this & accusing me of taking money from his office. Thats his reason for not giving my salary for 2 months now. Its either i pay or he will put a case against me. Can he do that? What move should i make? im scared cause maybe if i file a case against him he will just get flip it back to me. Please help.

          • Deepak Machado says

            Denmark,
            I am not sure about the whole story and background as I know only one side of the incident.
            Hence, I will pass the query.

  65. A.Z. says

    If Im American and have been lied to on my contract what are my options? I have heard I will not get any ban and nothing will really happen if I quit. Is this true?

  66. freddy biggy says

    Hi deepak
    I have work 4 a security company for 2yrs ND my labour card will expire 13th of febuary, ND I want to look for another company to work wit. Can my company still hold me or Ban me not to work for another company?
    (2) wat is d duration that they can still keep me or how long it takes for them to cancel me ND let me go?

    • Deepak Machado says

      Freddy,
      1. Inform your employer not to renew your labour contract and visa. Give a resignation letter.
      2. Cancellation takes 1 day. You have to provide your notice period to the company.

    • Muhammad says

      Dear Deepak,

      I am working with a llc company since 4/12/2013 on limited labor contract as sales executive. Even though my performance is same like others but employer issued my 1st warning letter of poor performance. Now they want to terminate my contract on the base of that.

      Would there be any ban if they terminate the contract on the base of poor performance? would i be eligible for 3 months compensation?

      What if i give my consent, could there be any ban also??

      • Deepak Machado says

        Muhammad,
        Labour ban is automatic.
        You could take an NOC from your company in case of termination.
        Under unlimited contract, there is no such rule of 3 month compensation.
        It is up to company.

        • Muhammad says

          someone told me that there is no ban if company terminate the limited labor contract due any reason.

          Termination on Limited Labor Contract due poor performance would be automatic ban of 1 year or 6 month??

          Please clarify. Thanks

  67. dash says

    dear deepack ,

    i got termination , with 1 month notice . but i refuce to sign due not my responsability . now i want my compensation , how can i get ?

    thx
    dash

  68. maryam says

    hi Mr. Deepak,
    i hope after this, ill have a free mind.
    i entered UAE June of 2013, and had started working at once, in a Hotel which is a local chain 0f hotels and apartments. Having a branch in Abu dhabi and Al ain. My working visa however was issued August of thesame year, in Dubai from which they had an existing branch there by then . July of 2013, I was moved to Al ain, and on December after working for almost six months, my visa was transferred under one of their existing business which is a party organizing.

    Contract is unlimited, however, I wanted to leave this year for certain reasons. I just wanted to know the process that I have to go through. Will I be entitled of any service compensation or shall the company has to bear my return ticket home though I havent completed 2years. Please let me know my entitlements.

    thanks..

  69. Raja says

    Leave was approved for a Labour 12 days , whereas without information to the management he hasn’t return back for 5 months. last week he has come back. ( Under Unlimited Contract ). Due to this reason management decided to dismiss him under article -120 . Does he eligible for any benefits in this case. Kindly advise.

    • Deepak Machado says

      Raja,
      No, I don’t think he is eligible for any compensation as he is not continuously employed for 1 year.

  70. rodel says

    Dear Sir,

    I worked in a supermarket in abu dhabi for 7 months but they terminated me last december 31 2015, i am under a unlimited contract what are the things that i could take from them aside from my one way ticket?

    • Deepak Machado says

      Rodel,
      You are not eligible for gratuity as you have not completed 1 year.

      • rodel says

        do i get 3 months salary aside from my ticket back home…?i ask some of my friend and they told me that i could get 3 months salary aside from my ticket

  71. Ali says

    Dear Deepak,

    Good day to you.
    Am working in dubai-based company as a sales manager under UAE Labor law.
    I have finished 2 years with them and now renewed another 2 years which 6 months have passed of.
    I have received a better offer in every possible way from a Dubai-Freezone company.
    How much notice should i give my company to leave them?
    Will i be banned if i resigned?
    My company might not want to let me go as i am the biggest achiever there, what possibly could they do?
    In my Labour contract it states that in case of reaignation, i am not allowed to work with a competitor company for 2 years in UAE.
    But this new company is a competitor, what will happen?

    Your reply is highly appreciated.

    Best regards,
    Ali

    • Deepak Machado says

      Ali,
      Notice period is mentioned in the contract and differs from companies.
      You will not face labour ban if you join a freezone.
      Enforcing the rule of joining competitor is tough.
      Are you supposed to inform your company which company you are joining?
      However, it is not ethical on your part to break trust if you have signed such a contract.

  72. Gokul says

    What is the maximum notice period that the employer can ask for in written from the employee. If they change the rule how is suppose to be done.

  73. philo says

    hve completed 6months period of probation am under unlimited contract but i want to cancel due to ova working and the boss doesnt follow the contract for how long will i be baned or can i up lift the bann if so plize help me

  74. Sameer says

    Hi,
    i got my visa on November 2014 then i entered in Dubai 21 November 2014 and still i am waiting for my medical and visa stamping.one month is over the company is not doing the stamping process and today i got the mail that they will terminate me on 31 december 2014 coz of low business performance, i alrready working here last 4 months, in september i joined ths company and after two month they provided me a visa but now they terminating all the sales staff,
    now i would like to know that whats limit of the visa if they wil not stamp or medical and if they will terminate me then they suppose to give the air ticket?? and how long i will stay in UAE???
    Thanks
    Waiting fir your reply

    • Deepak Machado says

      Sameer,
      IT is illegal to work without proper visa and/or labour approval.
      In such situation as yours, you will have to exit the country immediately. Air ticket depends on company.

  75. Merlin Merondo says

    Dear Sir,
    I have been working in a supply company for 8 months. The company is not paying the salary on time. My financial situation forced me to find some other job out side of the uae. Can I resing and leave the company by emergency cancellation procedure? I already paid a good amount for the visa and my two months salary is with the company. Also I would like to know that if I conveyed my resignation through mail whether it is acceptable or not. Please help me!

    • Deepak Machado says

      Merlin,
      There is nothing like emergency cancellation.
      I am not sure about your company’s resignation policy.

  76. mohsin abid says

    Dear Deepak.
    It would be a big favor if you enlighten us regarding any laws caluses or terms of uae labor law on and about an abusive boss whats the role of uae law to safeguard employees and provide a healthy work environment without any assault harrasment and threats.
    Thanks & Regards
    Mohsin

      • Meng says

        Hello, i’m working under 1 group companies but I signed the contract under one business unit here at Abu dhabi, but the HR is insisting I would be transfer to Dubai, because I’m under that company, which I find unacceptable. I signed a contract under Abu Dhabi. And now, he is threathening me that if i will not say yes he will give me sanctions, and mybe it is termination, is refusing to be relocated to other business unit is enough grounds for teminantion?

  77. Gian says

    Hi, Ive allready finish my probation,the problem is, my job as a comp tech, and my boss doesnt have a liscence to install cctv, and we total of work in shop is 10hrs and 30 mins, i sign to be a technician in computers not to be a installer in cctv, i got videos and pictures and audio that can be prove that we do it, sometime we work 15 hrs a day outside without eating. Limited contract. Do u think i can win in labor? Do u think hes shop will be close ? Do i need to pay for anything? Or do he nid to pay? For damages? Will i be.ban ,? Thank u

  78. Prabagar says

    If by any chance I can get any compensation from my employer for the unlawful because they didn’t pay my salary properly, is that any way

    • Deepak Machado says

      Prabagar,
      You will have to approach MOL for such queries as these are serious issues.

  79. Prabagar says

    Hi Deepak my company is not providing my salary as per my contract so I want to resign.my probation period is finished if I resign now for this reason I need to pay any visa charges? Please help me

    • Deepak Machado says

      Prabagar,
      Depends on whether you have signed that you will pay visa charges.

  80. Justin says

    Dear Deepak: My wife works for a DMCC Based company, a Nursery in JLT as a teacher. She has been employed by them under two separate contracts, one a teachers assistant and subsequently a full teacher; she has worked for the company since January 2013; in October this year she tendered 3 months notice as per her contract (90 days on her side, 30 days on theirs) which would have given an effective final date of January 18th.
    The employer confirmed in mid November that her final day would be December 18th.
    Today she has been given her final salary calculations which include payment up to 18th December (final working day for the Nursery) with no holiday pay accrued.
    The company is subject to DMCC regulations, they have not provided DMCC Identity Card or Medical cards as per their requirements, have reduced her Notice Period with out discussion and as far as I can see this may contravene Article 199 Of the UAE Labour Law. I would be glad if you can share your thoughts on next steps.

    She has worked for the company for some 700 days currently – I’m seeking advice on final pay (til 18/12, til 30/12 or til 18/01?) and holiday accrual since September 1st 2014

  81. Justin says

    Dear Deepak: My wife works for a DMCC Based company, a Nursery in JLT as a teacher. She has been employed by them under two separate contracts, one a teachers assistant and subsequently a full teacher; she has worked for the company since January 2013; in October this year she tendered 3 months notice as per her contract (90 days on her side, 30 days on theirs) which would have given an effective final date of January 18th.
    The employer confirmed in mid November that her final day would be December 18th.
    Today she has been given her final salary calculations which include payment up to 18th December (final working day for the Nursery) with no holiday pay accrued.
    The company is subject to DMCC regulations, they have not provided DMCC Identity Card or Medical cards as per their requirements, have reduced her Notice Period with out discussion and as far as I can see this may contravene Article 199 Of the UAE Labour Law. I would be glad if you can share your thoughts on next steps.

    • Deepak Machado says

      Justin,
      notice period could be reduced as per employer, I guess.
      Most of the companies do encash accrued leave. There is no rule to encash this. This is company policy.
      I have not much knowledge of DMCC.
      DMCC does not come under Labour Law; however, companies do follow labour law.
      Is this written in the contract?

  82. Saroj says

    hello sir,

    I am working in a furniture company with an unlimited contract. I have completed my probation period but company wants to terminate me without any reason and mine mistake. So in that case am i going to be paid any compensation by the company?

    Regards:
    Saroj

  83. Asma says

    Hi Deepak,

    I have joined a company in July and got termination on 27th November, i am on husband’s visa.
    Company did not credited my November salary in my Account. Am I eligible to get November salary if employer terminated me during probation period? My probation period was of 6 months.

    regards

    • Deepak Machado says

      Asma,
      yes you are eligible for November salary. Under probation, notice period is 1 day.
      But salary should be paid till the last day of work.

  84. izuchukwu says

    I have been working with labour company since July 2013 and now i got a new job with free zone company pls how do i go with my termination and how long will it last?

  85. shahulhameed says

    Dear Brother please help me i have worked in a free zone company (Ejadah asset management) for 8 months then terminated me in the name of poor performance at 27th/oct/2014 & still i am in Dubai, company not ready to give any termination benefit but i am struggling for my termination benefit.. please help me about my rights i have completed my professional period before 3 months too. since last 1 month am in my room for my benefit… pls help me what should i do.

  86. Anastasiya says

    Dear Deepak.
    Kindly i need your advice.
    I am working with Russian company for 2 years, and my contract for 3 years which will be finished at the end of 2015.
    They want to terminate me since they don’t need me anymore.
    Basic salary 3500 aed and transportation 1100 aed and house allowance 3665 and plus bonus.
    Please i want to know do i have right to ask for 3 month payment and if yes it will be only basic right?
    Thank you in advance.

    • Deepak Machado says

      Anastasiya,
      There is no rule as per Labour Law that you will be compensated for 3 month salary.
      However, good companies do provide termination benefits.
      You may ask your company what are the termination benefits.
      What is the reason for termination?

  87. John James says

    Good day Deepak,
    I would like to know whether there is a salary range specified by the government of UAE for professional? Like for (min – max) for Graduates and post graduates. If yes please point out the article to me.I am a qualified specialist doctor and my contract was drawn showing specialized hygiene physician. When i asked my employer to change it he said it is not necessary. Also he has drawn a Limited contract. I would also like to know if i leave the employer after one year of service will i have a ban? and will i be able to join a government hospital during ban period? i hope i have not asked more. thanks in advance for your time.

    • Deepak Machado says

      John,
      Not that I am aware of.
      For your profession, there will be no labour ban.

  88. MET says

    Dear i near a suggestion on a issue i have 5 people working in my company they are black mailing me even they are on my visa i own a business for construction in dubai all these people they made union and they said they want cancellation when i went and talk to them they said first clear our dues my question is this isit do we have any legal way to sort this issue because now they not cuming to the work also i m paying for there rents salaries and every thing else and they are not listing to me what should i do i m losing my business they are on my visa from last 3 months some of them 2 months who will pay my loss each visa i had spend alot and if i have to cancel what should all of them they said we are resining from company when i asked them give me in writing they are not providing me even that …..plz advice

    • Deepak Machado says

      Met,
      What dues are they talking about?
      MOL equally supports both employers and employees.
      File a complaint with MOL and mention that the employees have formed a union and are threatening.

  89. Shahzad says

    Dear Mr Deepak
    Plz answer me

    I have been working trading retail company almost 10 years . And after 1 warning latter with in 2 days i have terminate letter with 30 days notic artical 117 and my contract was unlimited . So in this case comapny should pay 2 month salary or just pay only 30 days notes work .

    Kindlay answer me
    Regards
    Shahzad

    • Deepak Machado says

      Shahzad,
      30 day’s notice period. However, sensible and good companies do pay 3 month salary as termination benefits along with mandatory gratuity and 1 way airfare.

  90. Deepak Bhatia says

    Dear Sir,

    I have recently joined a company in Dubai with Limited contract, In my Contract my probation period mentioned is 3 months. Now in the 5th month the company wants to terminate my contract. My question is , what benefits I can claim form my company, my friends told me that the employer is liable to pay 3 months compensation for terminating the contract before the maturity term of 2 years. Please advice

    • Deepak Machado says

      Deepak,
      under limited contract, if the company wants to terminate you after you have completed your probationary period, they have to pay you 3 months compensation.

  91. Tom says

    Dear Sir,

    I have been working for a trading company as a Logistics person for the last three and a half years. My contract is unlimited. I had joined on 17th July 2011 and renewed my contract on 2013.

    My visa designation is “Sales Executive” – but my job role does not involve any financial business dealing with the company’s clients or customers in the market. My only responsibilities is shipping and ensuring deliveries from point A to point B.

    On the labor contract there is a completion clause 127 for which I had signed.

    There is an internal contract prepared by the company as well just 8 months back – 18 page document – (this is not attested by the labour ministry).

    Due to personal family reasons I had given my resignation on 27th Sept 2014. 30 day notice being the last day 27th Oct 2014. From this date 1 month/3o days – my employer should start the cancellation process.

    Now as the days are nearing upon claiming my settlement amount, my company is asking me to sign an undertaking – labeling a specific company and its group and share holders etc – that I am not supposed to join.

    My company tells me that in order to get my settlement amount and cancellation of visa I need to sign this undertaking.

    Question 1 – Can they do this? I just wanted to cancel my visa and get back home. I called the MOL call center – and they have mentioned no need to sign such under taking.

    Also I would like to know….
    Now 3 or 4 months down the lane, if I get the job as a operations manager or administration manager and this is no where connected to sales or any other aspect financially with my current employer.

    Can’t I join a competitor but in a different job role and also their license activity if different? Like if the group have a shipping company – why can I not work under a shipping company even if it is the completion’s group. if the offer is on a different designation.

    It would be of great help if you could guide help me and my family to get through this situation.

    Awaiting your valuable guidance.

    Thanks and Regards

    Tom

    • Deepak Machado says

      Tom,
      1. Yes they can. But it is up to you to sign.
      2. Yes you can join competitor as your job is not mission critical that will derail your old company’s operations.

    • Tom says

      Dear Sir,

      Thank you for your valuable reply. For the question one the answer is still not complete.

      If they have specified the competitors company name and its group on the undertaking on which they are asking me to sign in order to release my settlement money –

      But I had already signed my labour contract with a generic competitors’s clause 127.

      It like forcing me to sign something in order to get my hard earned money.

      Say if I do sign this undertaking and later if I join this said competition will there be any legal issues on this. If I join the said company for a better pay of AED 15000/- in warehouse manager or operations manager etc and no where connected in sales or any revenue generation from the clients or customers.

      I am at stage where I will loose my money if I don’t sign the document.

      Question 1 – Can they force me to sign such an undertaking in order for me to cancel and get my settlement?

      Question 2 – If I sign this document in order to get my settlement money and later 2 or 3 months I am joining the said competitor but on a different line? Will there be any legal case on me even if I am not in the business or revenue cycle of the competition.

      Please advise.

      Thanks and Regards

      Tom

      • Deepak Machado says

        Tom,
        1. This is a serious issue and exploitation. I think you should approach MOL.
        2. Yes, there may be issues as you have signed such an agreement. However, I have not come across any companies who have been able to enforce such a clause.

  92. Imran says

    Dear Sir,

    I need your free advise on matter pertained to my job termination.

    I have been hired by a local oil & gas construction company on a permanent staff position in February 2012.

    Due to some financial issue of my company they have decided to shut down their business in Dubai. Due which they started termination of contract and permanent staff positions with one month notice period and salary of such notice period.

    I have heard that, termination due to such reason like it was not fault of employee than Employer should pay compensation of 3 months salary, is it right, if so what specific laws?

    I have been also offered service apartment hotel for accommodation, and my notice period of one month ending on 30th November 2014, can I stay and hold accommodation for one more month (maximum)?

    I hope you will provide me some guidance and advice.

    Best Regards

    Imran

  93. Mubeen says

    Mr Deepak, I went on 1 month vacation before 3 years(in 2010) and i not returned to UAE… Also there is no CANCEL stamp on my visa.

    can i come to UAE now on other company visa or not?

  94. Erwin says

    Dear Mr. Deepak,

    Good day! I would like to ask, I’m just new here in Abu Dhabi (starting date is July 10, 2014 – present, my contract is UNLIMITED and my employer got me directly from the Philippines). My question sir, If I got a new job in a government company under a placement or recruitment agency, am I gonna encounter problems? my salary now is 2500 and my new offer is 5000 above. Thanks in advance.

  95. Tharun says

    Dear Sir,

    Is it necessary to give notice to a limited contract if you do not wish to renew the contract. If so what is the duration of notice. Can the employer force you to continue working till end of your visa after completion of limited contract with them. If the employer refuses to cancel your visa after completing the limited contract what procedure can be done to cancel visa.

  96. Hamidu Tunkarah says

    Hello

    These are some things that are really bad about my company. They always cut two days from our salary whenever we are sick and do not go to work.And when we go at the office for medical attention they only give us Panadol 500 mg. And when we take the drug it make us more sick but they do not want to care.This day my friend went for drug he found out that the Panadol they have been give us is expired science August 8 2014.And he ask others worker the went and look at the once they had at home is also the same.
    So please tell us what can we do now.Because they are treating us bad ever day

    • Deepak Machado says

      hamidu,
      Every employee under ministry of labour is entitled for sick leave days.
      Providing expired medicine is violation of law.
      Pleas approach MOL with your complaint.

  97. Karen says

    Hi Sir,
    My employer will cancel my visa tomorrow and he will transfer me to another company he also own. all the employees under this company were transfer and Im the last employee they will transfer. after transferring all the employee they will close the said company. I don’t want to sign another contract in any of his company. Will I have ban in UAE? If I have what can lift my ban so that I can still work in UAE?
    Thank you in advance for the response.

    • Deepak Machado says

      Karen,
      If they are transferring and ending your contract please make sure that the new contract has a clause that the gratuity will be paid starting from old company joining date.
      If you sign a new contract and then you ask about this, it will be a problem.
      If you have completed your contract, there will be no ban. Get NOC.
      Read: http://emiratesdiary.com/uae-tips/types-bans-uae

  98. kevin says

    Hi Sir,

    I have a question regarding about ban. Im working for more than 6 months of my company. May basic salary is 2000 dirhams. And my job is not equal to my salary .

    Q.1) It is possible for me to get ban even the employer terminated me?

    Q.2) What if i got a new job and my basic salary is more than my salary for my previous company.It is possible that i got ban too?

    Please advise,

    Thanks,

  99. Faizal Hussain says

    Dear Deepak

    i was working in a company for last seven years. My company terminated me by giving only one month only. My contract is Limited . Can i file a case against my company.

    Also the salary in my contract is the one which i got at the time of joining the company. Hence please advise if i approach the labor court , which salary they will consider , the one which mentioned in the contract or the one which i am getting currently .

    Regards
    Faizal

    • Deepak Machado says

      Faizal,
      Under limited contract, your company will need compensate for the remaining contract period.
      Approach MOL.
      Latest salary earned will be considered for any calculation.

  100. Shahzad says

    Dear sir,
    I have been working trading retail company almost 10 years . And after 1 warning latter with in 2 days i have terminate letter with 30 days notic artical 117 and my contract was unlimited . So in this case comapny should pay 2 month salary or just pay only 30 days notes work .

    Kindlay answer me
    Regards
    Shahzad

  101. kumar says

    I am working in LLC company in Dubai as regional sales manager, I joined them on 21 oct 2013 but my visa and labor contract was received to my hand after medical procedure on 24 Nov 2013. Oct 2,2014 our company owner called me and told me that due to business down turn and financial problem they will not be able to accommodate me in the company any more. He is saying 2nd nov 2014 (one month notice period)will be my last working day and since I have not taken annual vacation ready to pay that one month paid for me as final settlement.

    Please let me know what are the compensation I am entitled for and how to proceed with this.

    • Deepak Machado says

      Kumar,
      Compensation depends on company policy. But as per labour law company should provide you gratuity if you have completed 1 year of continuous service.

      • kumar says

        dEAR dEEPAK,

        My question is that am I entitled for 3 months notice period or not? I heard since the company terminated my unlimited contract they should pay me 3 months salary for me. is that true? can i demand for this?

        • Deepak Machado says

          Kumar,
          I have heard that companies do pay 3 month compensation. But again this is not mentioned in Labour Law.

          • kumar says

            What about under labor law 115???? as i have not done any mistake or misconduct in the company during my tenure, Please advise

          • Deepak Machado says

            Kumar,
            In such cases it is better to approach MOL or court.

  102. Lhou says

    hi again mr. deepak
    i want to ask again if i will have the responsible to pay in labour or my employer if i resign and ask for cancel while im under Probition im only 3 months working to my employer, and my contract is unlimited. and what will be the possible might happen to me.?

  103. Lhou says

    what would happen to me if i resign on my previous work i am under probation and unlimited contract?

  104. Name (required) says

    Greetings

    i am working in an Automobile company i resigned on 25th of sep 2014 so its been a month almost my query is that it is necessary to inform your employer a month before if you wish to terminate your contract with your employer that’s what i did so are they suppose to wait to these thirty days to pass and then they should start my cancellation process or with in these thirty days including all others like air ticket final settlement etc.

    please do reply thanks

    regards.

    • Deepak Machado says

      Under probation, you may provide a day’s notice.
      However, you will have automatic 6 month labour ban.
      Air ticket depends on company policy.

  105. AJIBOSE AHMED says

    hello sir please i have a situation at hand which i strongly need the labour to interfare on am working with a company whom am doing over time of 3 hours or 2 hours in some cases and also not going off,now for 2 months they have been reducing my salaries and i ask why they are not giving me a good reason now i involve labour on this same issue,labour ask them to bring my work time schedule now they went to print a time schedule of 9 hours and ask me to sign but i refuse to sign so they now treating me with a resign letter and i also insist i won’t sign the resignation letter except at the labour office that wen i will sign but papers,please in this case what is my faith,am i going to face 6 months band or going to b deported? please labour u need to come to my resques,cause they have been treatening me please.

    • Deepak Machado says

      Ajibose,
      Sad to hear about your situation.
      Sorry to mention that I do not get involved in any labour related issues.
      Be in touch with Labour Office and complain to them about what your company is doing.
      What is your length of service and what type of contract do you have?

  106. Lovella Amora says

    Dear,

    I need help I am working in Tourism company for almost 4 years, I just recently resign and my boss don’t want to cancel my visa unless I will sign the agreement and inside the letter it’s mentioned I am not allowed to work for at least 1 year In a competitive business since I am the one handling the main agent, now I found job which is related to same field, my question is what will happen if they found that I transfer the same business, what I am gonna do. I need full information, I am afraid to what really happen on me. Please advice

    • Deepak Machado says

      Lovella,
      What are you, a scientist in a tourism company? Do you handle any trade secrets?
      Better to cancel you visa, exit and come back on a fresh visa.
      Yes employers can file complaints. However, I don’t think this affect you as it is a tourism company.

  107. Priji kumar says

    Sir good evening , sir working in Tca Abu Dhabi as assistant librarian through G4S visa from 28 December 2013 to 30 september 2014. now TCA is not renewing thier contract with G4S. and G4S asking me resign letter in this condiotion how can i apply for new job without any ban.actualy i joined inG4S with the help of tca . Dateof issue of my visa 28 December 2013 .
    awaiting for your
    valuable guidness
    thonk you sir.

    • Deepak Machado says

      Priji,
      Request your company for an NOC.
      If you have NOC you may not have a ban.

  108. Amir Hyder says

    sir, i want to know that i am working in advertising company my visa will fininshed on december but now i have new job offer and i want to cancel my current visa and join a new company my visa unlimited is that possible without any ban or charges kindly give me answer thanks i am waiting for your reply~

  109. Bryan says

    hi sir good day! i completed 1 year and 9 months to my company – limited, my company cancelled my working visa because its not profiting anymore and our manager is very sick and she cant manage anymore also she is one of the partner so next month our company will shut down. can my ban be lifted up? my company provided me NOC, termination letter and gave my 2 years gratuity and other benefits mentioning in a letter. thanks

  110. kim says

    A months ago, Engr. Essam Elmasry (Former Managing Director of Signature Engineering Consultant) resigned on his position. He’s the one who hired me and appointed me on my position as a Secretary. I’m on my 10 months here in the company that time when the New Managing Director decided to terminate me. He informed me that termination in unprofessional way, Insulted and really unfair. He was only on his 4th day that time in the company. I accepted the termination giving them the condition only if they will give me the termination letter wherein it will be included there the reasons of my termination, that reason must be acceptable for I know I didn’t do any violations. I also discussed to them that I need to get a fair deal as per the law. He changed his mind and I was asked by him to stay in the company. And now I’m already 1 year working here and he’s forcing me to resign or to transfer to another company he knows. The thing is I don’t like to work on that company but he keeps on forcing me to resign and to transfer there.
    Please advise me

    • Deepak Machado says

      Employer can not force anyone to resign. It will be better for you to get terminated.

      • Khan says

        Mr. Deepak, i m working in a five star hotel for 3 years and i have resigned yesterday (30-days notice).
        During these 3 years i have lot of extra working hours (duty hours=54/week), can i have the right to avail this extra work payment from the company under the UAE Law?
        These working hours are calculated by the system(in-out time) and i have all the copies.
        What is the procedure to file a case in these circumstances?
        I will be very great ful to you for the prompt reply.
        Thanks & Best Regards,
        Khan

  111. Rose says

    Dear Sir,

    May i ask what is the meaning of this:
    2nd party in case resignation can not work with competitor in UAE for 2yrs. according to article 127. This is the condition in my labour contract.
    In case that i will resign today what will be the consequences. My contract will end on April 15, 2016.

    Thank you for your reply.

  112. Joshua says

    My company terminated while I am on vacation?? Is it possible for them to do so?? Am I entitled to a month salary after I have been terminated??

    • Deepak Machado says

      Sad to know that. Did you ask what is the reason? This is really not professional on the part of your company.

  113. Suresh says

    Hi Deepak,

    I had 2 years experience in Dubai, currently am working in Abu Dhabi and my certificates got attested, for the past two months am working in my current company with salary of AED 5,000. If i get some other opportunities with AED 7,000 and above i will get ban or i can work.

    Pls. explain.

    • Deepak Machado says

      if you get a good opportunity probably you can remove that ban. however it all depends on MOL authorities

  114. Usman Bin Ali says

    i am working in a facilities management company as electrician from 2008. now i want resign because i have a better job offer as supervisor in different company . i have limited contract
    i want ask about Cancellation and Ban if will resign from my current job.
    please guide me.

  115. Malik Irfan Haider says

    sir,please assist me in these issues. I have three question can you assist me regarding these issues?
    -first of all i wanna tell you that I am Mechanical Engineer and I am working with SAFWAN Petroleum technologies Abu dhabi as Well test operator since last oct 2013.and my job is rotational job and my rotation is 5 month on and 1 month off. my question is mention here below
    Q-I got injured during the job i got severely burnt on 15 march at the ADCO field.and my company didnt give me any compensation regarding this Accident.can I get any compensation in terms of money from the company?
    Q-And now,today31-08-14 my company is giving me termination letter with the one month notice period because they said that ADCO didnt allow to me to come over there. shall I need to accept this notice?shall I need to sign on it?
    Q-And tell me if I put some case with the help of labor court on my company regarding Accident compensation.then can i eligible to find or do some another job over here in Abu Dhabi?
    Q-And this Safwan broke all the Labor law they are not paying any overtime to the workers even worker doing 24 hours duty.and as they offered me that they will pay 150 AED for each working day which i spent into the field(ADCO).they didnt paid me or didnt fully paid any worker.
    Please help me out regarding all these issues I am really very upset.

  116. souvik sur says

    Respected sir i want to know that if i was completed 3years and 5 months with my present employeer ,and i was complete the 1 month notice period with them ,can i come again after 1 year in this country , and after the resignation there was any kind of ban on me from the uae goverment ?? And my contract is unlimited contract bcz my present company want an signature on the paper and they are mention that i will not work anymore in the same feild with there competitors company in uae ?? I want to know these kind of paper are ligal or illigal?? Please sir give me reply i was waiting for your promt reply

    • Deepak Machado says

      if your cancellation is done properly as per Law you can come here and again search for new job

  117. Chris Chapman says

    My contract with my company in the free zone was terminated and reason was failure to execute my contractual duties properly. (article 120 UAE labor law or Jafza 9.9.6) but I was never issued any letters or had any discussion relating to my supposed failings. I went abroad for a job interview which got and stayed to start work with the intention of returning as soon as possible to finalize visa cancellation. I was given one months notice but told not to return to the office handing in access and computer etc.. will starting work before the 30 days notice stop my employer from paying the notice period? Also if II am late by one to two weeks after the 30 days will that have an effect on visa cancellation?

  118. Raghunat shelke says

    1) I am employed as a Optometrist ( optician retail shop ). i am working 3yr 10 months ( join date 27/10/2010 , but I already given resign to company . My employer is asking me to sign a declaration that I will not join any of his competitors for two years. Is it legal for a company to demand such a declaration? I don?t want to sign any such document. Does the labour law oblige an employee to sign such a clause? Can my employer refuse to release my end-of-service dues in case I don?t sign such a clause? any problem if i want work in future in same filed because i had Dubai Health authority optometrist ( primary Health care ) license this this my profession . My contract type Unlimited

    2) our company taking sign on latter head we dont have dues with company even they dint settle our dues. is it legal for a company to demand such a declaration? before settling A/C .

  119. wella says

    Hi sir!
    i just want to seek an advice on my current condition. I am a nurse with limited 2 year contract and ive been working in this company for more than a year already. I have a new job offer in a government hospital. my questions are, what are the consequences that i will face if i accept this new job offer? can my employer give me a company ban of 6 months, 1 year, or lifetime? who will decide about this company ban? as a professional are we included in this company ban? and what are the fees or damages that i have to pay to this company if i decided to resign?
    thanks

    • Deepak Machado says

      Labour ban won’t applicable if you get job in govt company.
      I have no idea about the fees . It will be depend on your company

  120. Anoop says

    sir,

    I just want to ask that my contract is unlimited period.if the employer terminates the contract under probation period.there is any ban?? if ban is ther how can i lift the ban.I am holding engineering visa.if the company is not ready to give the release letter there is any option to lift the ban.

    • allen says

      Sir,
      I just want to ask regarding the situation i encounter now.
      The company terminate me under limited visa.The Company give me Termination Letter and 1 month notice start from September 1 up to october 1. I Start working from March up to present. What the benefits i will get to the company? Can i get 3 months pay from the company or not? do i have ban? I have a limited contract.

      Thanks

  121. Pradeep says

    Dear Sir,

    I was working Abu Dhabi IT company on a Unlimited contract, my date of joining was on 03-06-2012, The company terminated me on 01-04-2014, with out notice period, last week my work permit expired, could you please assist me , how much compensation company can give me,
    My Basic Salary is 3750, and 23 days Leave Available, currently my company is saying, they will not pay any end of service to me, please advise me , where i need to approach.

    Regards,

    Pradeep.K
    +971508443901

    • Deepak Machado says

      Your gratuity would be almost 5k plus leave encashment would be 2500 approximate.

      if you are right you can approach to labour department

      • allen says

        Sir,

        I just want to ask regarding the situation i encounter now.
        The company terminate me under limited visa.The Company give me Termination Letter and 1 month notice start from September 1 up to october 1. I Start working from March up to present. What the benefits i will get to the company? Can i get 3 months pay from the company or not? do i have ban? I have a limited contract. Thanks

  122. Lourdlouie says

    Im working as a graphic designer in dubai for 9k dhs for unlimited contract my company terminated my contract without notice due to some work issue which is not true , but from the very start they are now following the law , like i have yearly ticket and saturday off but they remove it and they dont pay in bank only cash …can i file a case in labor ? i have all the proof and emails to back it up

    • Lourdlouie says

      sorry * NOT FOLLOWING THE LAW :)

      and addition the offer letter is totally different on my labor contract

      thank you!

    • Deepak Machado says

      I dont think for this issue you can complaint to labour. I would suggest ask the company to give release so that you can join other company without having a ban

  123. Rahul says

    Hello Mr. Deepak.
    Greetings!

    plzz help me
    I have a limited contract of 2 yrs
    I worked for 1 yr 4 months and then resigned with a months notice.
    now almost 45 days gone including my notice period…
    employer says he will deduct 45 days salary and 1 yr ban.
    can you please mail me the details in what circumstances I can uplift the ban???
    please very urgent.
    Regards.

    • Deepak Machado says

      since it is a limited contract company has the right to compensate. it is depends on each company policy

  124. Ram says

    Dear Deepak,

    I have joined a LLC company in Dubai in the Month of March 2014. Currently am holding a offer of AED 5500. If my employer terminates me from the employment will need to pay any charges. Referring to the above I come to know that Auto Ban will be imposed as per Dubai Labour contract which can be liftoff if we are getting the margin salary. MY doubt is will my employer issue ban on me.?

    • Deepak Machado says

      you may get an automatic labour ban and….

      regarding any payment of charges for your visa it will be depend on your company policy

  125. rameez says

    dear sir,
    i just want to know if i join any company for a period of three years contract in uae can i resign after 1 year of service with one month notice period and do i have to pay any amount to the company.

  126. joana dias says

    Respected sir,
    please help me sir , i want to know whether employee is eligible for employment certificate on termination of limited contract after giving 1 month prior notice , i want to know whether i have right to get my employment certificate from my current employer. i will be grateful to you if giving me the correct information about this.

  127. maria caraan says

    Good day! I would just like to ask if I terminate my contract with my employer is there any amount i have to pay them because i havent completed my 1st year but in my labour card its says i am a receptionist but i am actually doing laboratory works. I passed already the dha exam but still they are not giving me increment and also not changing my position in my visa. I hove you could enlighten me.

  128. lvin says

    Hello Sir, Good Day!

    i have been with a company for 5 mos now and I have already submitted my resignation stating 1 month notice period. But my employer wants me to stay for 2 mos since they are telling me that it was stated in the offer letter. But when i check in MOL, they are telling me that the offer can be disregarded since the labour contract is their main concern. Your advice is very much appreciated sir. Thanks!

  129. mary says

    hi,
    i am in limited contract with a 3 years in service, i finished 1 contract..now i resign with a 1 month notice period that what they said..i got an offer with a better job in freezone…is there any payment for my remaining 1 year or any ban…? please help me..

  130. Yousaf says

    and how much money i have to pay to company if i resign in probation period in a limited contract ?

  131. Yousaf says

    Hi deepak,

    I am working in dubai for the past two months and currently under probation period. My salary is 3k and its a limited contract of 2 years. Recently, i got a new offer of 7.5k in Free zone and want to resign from the present job.
    Will their be any ban ? for how long ? a year or six month ?

    and do i need to give any notice??

    What is the process and time required for cancellation??

    will i get grace period after cancellation ?

    will i get freezone visa easily ? there will be no problem if mol ban me ?

    • Hussain says

      hi ! I believe their is ban if employee tries to leave organisation before his contract finishes because employer spends / gives opportunity and later employee misuses technically its not allowed.

  132. sohaib nadeem says

    hi, i would like to ask, i am working for a company where they hired me for an executive administration job, which is written on my contract, but on my labour contract they made me sign as my position for office clerk, can you tell me if i can fight against this issue as i think it effects my labour rights. plse also if you can tell me where i should go regarding this matter…..thanks

  133. Carolyn says

    Good day Sir! I worked with my company under unlimited contract for 2 years. Last November 2013 was my 2nd year. Last January 2014, my employer made me a letter to agree to change it to limited contract. Is it legal? I want to resign from my company now but my employer told me that she can ban me for one year. Is this true?

    And in case she will ban me for a year, will it be waived if I will have a job offer of 5,000aed or 7000aed or 12,000aed. I am a nurse by the way. I hope to received a reply from you. Thank you very much!

    • Deepak M says

      if it is a limited contract and your are not completing it company may put you a ban. but the decision to impose ban will be depend on the authorities from MOL

  134. bashir ahmed says

    Dear,
    Sir
    we have ijaz crowding in pakistan
    labour technical and hard working plzz

    contact ; 0569021106
    or ; 042523633

  135. Emma Wright says

    Law firms in Abu Dhabi working closely with both businesses and individuals the team lays down strategies that help avoid potential difficulties and problems in the future, thus providing them with the best legal and Sharia solutions. I would recommend you to try with galadarilaw.

  136. sarika says

    Am working in a shipping co for past 5 months, suddenly my manger is saying there is no sales so from next month onwards they dont want my service. is there is any benefit i wll get from the company also note am in husband’s sponsorship

  137. marj says

    Dear Sir,

    I was working in hotel industry in abu dhabi for almost 3 yrs. I decided to resign with 1 month notice. As stated in my Period of employment contract is unlimited commencing from the first working day of employment. Termination of Service stated either party may terminate the contract of employment by giving 60 days of notice or payment in lieu of notice.
    My concerns are : Do employer have the right to hold me or refuse my resignation paper or push me to finish 2 months which I put only 1 month notice in my paper and the other remaining days I will pay. Do I need to pay the remaining 1 month notice since I finish 3 years service and they renew my residence visa last January 2014?

    Thank you for your kind and help

    BR,

    Marj

    • Deepak M says

      you need to give notice as mentioned in your agreement or else you need to pay the remaining days compensation to the company.

  138. Nadine says

    What if we are working for 12 hours then our maddame did not pay the overtime.. She always say that she will pay our ot when she get the money she spend for her business.

  139. cinderella says

    we are over staffed, and we will have to fire people. 90% of such are on limited contracts with us. we will give them one month notice of course.
    the question is, what else are they entitled to if the contract is not finished?

    thanks

    • Deepak M says

      They are entitled for 45 days compensation plus one way air ticket to their home country.

    • Sumaiya says

      As per UAE labour law, if the limited contract is not completed, then employer should pay 3 months salary or remaining period of the contract which ever is less.

  140. raj says

    hi,
    I am working in dubai for the past 4 months and currently under probation period. My salary is 4k and its a limited contract of 2 years. Recently, i got a new offer of 7.5k in Free zone and want to resign from the present job.
    Will their be any ban and do i need to give any notice??
    What is the process and time required for cancellation??

    • Deepak M says

      Yes you may get an automatic six months labour ban
      Yes you may need to give notice as well as compensation for 45 days salary since it is a limited contract
      Depends on your company PRO . Usually it takes one week or less than that

  141. M Alam says

    sir i worked for 1 year with dulsco ,now i got job in Etihad airways .will dulsco can impose ban on me?

  142. guyius says

    Hi Deepak M, pls i need to know how long it takes an employment visa to be processed in dubai! I hv submitted my papers to my employer since jan 20th and uptiill now ! I have not gotten a response from him !

  143. Aly says

    Hi,

    Ive been given a termination letter by my employer a day after he approved my annual leave. and there’s no grounds written on the termination so I signed. My dismissal was unfair. I’m under a unlimited contract. and we had issues of delayed salaries and filed complain together with my other colleagues. What is the best thing is should do?

  144. Ria Roxas says

    Dear Sir / Madam ;

    My company ask me to choose for the ff resignation or termination by force . they told me to sign which ever so. I signed the termination paper which is their grounds is poor performance . I have established the company for one year. The new General Manager was always finding faults in my work . is there any grounds that she take it personally against me. I would like to know if I can seek an assistance in Labour. i have recorded the conversation.please advise

    • Deepak M says

      For this matter it is not advisibale to go to Labour . It is better you try to discuss and compromise the issue with your general manager

  145. aldwin says

    i resign to my company after my 2 months working with them and hr told me that i need to pay 3000 aed as per labor law in uae?is it true?as my college inform me that i dont need to pay any amount as i am under provision?please advise.

  146. says

    termination due to article 120, clause 10, should the company shoulder the ticket or the employee should shoulder? kindly advise?

    • Deepak M says

      in this case i think employee should shoulder the air ticket expenses. I would suggest you to check with MOL.

  147. Rocky says

    Good Day!
    If you get terminated after 6 mos.of service,is it true that the sponsor will send you to your home country and they will cover the ticket expense and they will not allow you to look for another job? What if they’ll release you with NOC? Will you still have a 6 month ban? Your reply would be highly appreciated. Thanks!

    • Deepak M says

      If you are terminated then company will shoulder your air ticket expenses to your home country. You will have one month grace period after the cancellation . During your grace period you can search for other job. If they release you with NOC i dont think you will have problem with ban.

  148. says

    Dear Sir,
    My company terminated our contract yesterday Jan 5 2014. I have worked for them for 1 year and 2mos. They don’t have any grounds for terminating my contract. They said that they don’t have enough budget for us. In my termination letter it is written there business Reconstruction so its not our fault. I just want to ask if we have ban in Labor and how much the amount they should give us?They said they will pay us 1 month salary. Thank you so much.

  149. Anne says

    Dear Sir,
    My company terminated our contract yesterday Jan 5 2014. I have worked for them for 1 year and 2mos. They dont have any grounds for terminating my contract. They said that they dont have enough budget for us. In my termination letter it is written there business Reconstruction so its not our fault. I just want to ask if we have ban in Labor and how much the amount they should give us?They said they will pay us 1 month salary. Thank you so much.

  150. Dubai Lovers says

    Hi sir,

    Please can u tell me are we get ban if we get termination
    from the employ have unlimited contract service done almost 22 months.

    Regards

  151. Sam says

    Hi Deepak,

    I recently took over a company and found employee culture toxic. The engineer working under me shows contempt and insults me by refusing to reply questions. I cannot provide warning letter as he may become more abusive and closed. In this case if I get a replacement how do I quickly fire the employee?

  152. Robert says

    Hi Good day.

    I have question about the article 121. It says If the employer of his legal regal representative has committed an act of assault against the employee the contract may now terminated without notice. What if Verbal Assault, is that cover under article 121?

    please reply here: bertmailbox2007@icloud.com

    Hope to hear from you soon. Thanks

  153. Mylene says

    Hi sir I’m mylene from Philippines and I am working in aldar..but my employer give me ,termination letter this November 11 2013 and its written in the letter that I will comeback this December 11 , 2013 .but i did not come..they want my passport so that they can cancel my visa.until now did not give my passport and I did not came on that day.sir Is there posible. That they can make problem for and they will not give money because of what I did.hope u can help me to answer alll my question ..thank you so much

    • Deepak M says

      Yes if you are visa is not cancelled then company has the right to put you under absconded list.

  154. charmaine kaye santos says

    Hi good evening I just want to ask I’m working as a sales lady in al whada mall, Abu dhabi uAE I have some problem about my employment I just want to know if there not fulfil there obligations for us as in the contract our salary of last november until now there’s not giving and this al whada mall abu dhabi close 2 days ago because of the fire last Wednesday at 1am in that case they send me massage at 4pm that come to shop at 430pm sharp I reply them (at the first time) that I can’t come n duty cause of my stomach pain and they want me to make duty in morning at 930am until 11pm closing and I tell them why like this before I said your coming at duty at morning and I’m evening and then now there telling they will go pray and I tell them give me cancel visa or termination I will go home…. I just want to know what I need to do.. please help me thanks….

    • Deepak M says

      If you are facing such kind of problem from your officer you can address this issue with MOL.

  155. abdallah bin hussain bajubare says

    Dear Sir,

    Please find attach details is as follows:-

    Passport No. E 9457429

    Date of Issue: 08 – 06 – 2004

    Date of Expiry: 07 – 06 – 2014

    Place of Issue: Dubai, UAE.

    Please find how many months baned in UAE.

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