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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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 fulfilment 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 fulfils 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.

Deepak

Deepak is a passionate blogger with interests in bitcoin, online marketing, and writing.

407 thoughts on “Termination of Labour Contract in Dubai Abu Dhabi UAE

  1. Good day. Thanks for helping people through this forum.
    Can someone that have not worked up to 6months with his employer cancel the employment if he or she gets another employment in another country?

  2. Hi Deepak,
    I resigned on 4th September 2016 for a notice period of 60 days and that completed on 3rd November 2016. After one week my service company locker was stolen from office and my name was also there for inquiry. Now this case still pending and company is also not giving me my settlement. So please advice me what is UAE labour law regarding this matter. Because I am not getting my settlement and even salary so this is very difficult for me to stay here without getting money.

  3. Adrian

    Please advice me regarding my status right now. My visa expired last 15.10.2016 and my company is telling me that there is extension one month for visa renewal.
    What compensation can i get if the company will consumed that 30 days grace period and will not renew my visa?
    Urgent advice please….
    My expired visa is from DHCC-Tecom and they will transfer it to LLC. (Limited or Unlimited)

  4. Hi,
    I am working in a Oil & Gas Company thru Manpower supply. I got a new offer & i resigned my current job (as per contract 2 month Notice). while I resigned the agency forced me to continue but I refused so that time OM threaten me that will see while cancellation of your visa. my Last working day will be end of this week and I submitted my passport, Emirates ID bt till didnt sign Visa cancellation paper more than 1 week I am following up bt no response from the agency. could you please tell me Visa should be cancelled on or before Last working day or after last working day they can cancel the visa

  5. Greetings!

    Before i joined my current company, i was made to sign a contract which has article 127 in it. I am then aware of what the article states. my questions are:

    1. would it still be effective after my contract is finished?
    2. if i sign for a company with the same industry as my previous company but they offer different services, will article 127 apply?
    3. they have specified the clause that it will only be applicable for companies within Abu Dhabi, but what if i get hired in a government firm within emirate of abu dhabi?

    your answers and suggestions will be highly appreciated.

    Thank you

  6. Hi Sir,

    I have a new employer and I already signed a contract and my joining date will commence on 23 October 2016, however the employer had spoken to me yesterday that my joining date need to reschedule into different date somewhere in December. This is their second attemp to reschedule my joining date. My employer has the right to violate what is written on my contract? In case I withdraw my application do I need to pay since I already have a visa? Please need your full advise…

    Thank you,
    Ara

  7. i have been terminated by Flora Creek by the clause, Asualts the employer,the manager in charge,orany of his workmates during working hours..
    In this situation how would be settlement of my account. i have completed 1 year and they arepaying 27 dyas which i worked last month and my leave days only.

    Please Advise me your valuable cooments.

  8. Good day Sir,

    I have a question regarding labour quota if how long will it take for labour ministry to approve it? Because as per the agency the reason why they still cannot forward to us the visa and mol was

    * 3 months ago their reason was the accommodation is under renovation.

    *then after 3 months the they told us that they will stop the processing because of ramadan but they promise that right after the celebration of ramadan they will resume with the processing of our application.

    *now after ramadan we followed up the status of our application and their alibi now was the labour quota that they were still waiting for the approval of labour ministry and that they do not have any control regarding the approval and they do not know how long it will take to approve that labour quota.

    I would like to ask you regarding the procedure of labour quota because I just want to know if they are telling us the truth or just giving us alibis. I feel like they’re just using the name of labour ministry to play safe and to put all the blame to labour ministry.

    thank you so much in advance for answering my questions.

  9. Deepak,

    I am a Director level employee in an MNC in Dubai Internet City. I was called in by HR 2 days back to discuss some issues with the department. Later in the evening, I was called back in by HR saying that though there is no cause for a case, I should accept moral responsibility and resign.

    I later met my president who insisted that I don’t resign and he would advice me of the status the next day.

    The next day, a couple of hours after I came in, my laptop was taken away and all my log in and office access has been revoked. I left the office after informing the second in command. I also later called in HR and informed them that I have not come in as I dont have access.

    Today is the first day when I have not gone in to work. Questions for you

    1. does the company have grounds for termination?
    2. Should i document all my future communication with them?
    3. Since I am in a free zone at a Director level, can the company ban me?
    4. Can i ask for compensation?

    Thanks in advance for your advice.
    2.

  10. Hello Deepak
    I see you helping man kind here which is awesome and so great of you. God bless!

    I have one situation and if you could give quick resolution and guidance to this. I have been terminated from my job, my work experience with them is 2 years 8 months. Primarily they spoke (only verbal) about compensation for 3 months salary but later at the time of notification it is only EOS payments along with ticket and leave encashment but no compensation. Some people say I should got to MOL as such cases should be compensated. Company is doing good business but change it just due to restructuring some departments. Your guidance shall help me big time.

    1. I had the same situation with my previous company, if your contract is LIMITED, go ahead and complain about this company to MOL. company MUST pay 3 months compensation. this is 100%

  11. hi, I am still in probation period and want to resign n join a new company. i am on a limited contract and my current employer is saying that i have to serve a 30 days notice period whereas I am still in probation. further i am not even on the visa of the company i am working for, i am on the sister companys visa. i need to know do i really need to serve a notice period, if i dont what can they do….please tell me asap

  12. Hello Mr. Deepak ,

    I have one question about my labour contract ?? can i ask to you ??

  13. Hi Deepak,
    I am workin in a company in Abu dhabi since 2012 to till date as software engineer, I want to resign from the company since I want to move back to india due to some financial issues. My visa is Abu dhabiand contract is Unlimited and I don’t know how much is the notice period in my contract. Can you please tell me whether I can resign from my job? And How much is the notice period for me one month is enough? Kindly reply.

  14. Dear Sir,

    my friend previously work here in UAE and now he is back home, he has been asking his experience certificate and his previous employer is ignoring him. kindly advise on what to do or how to get it.

  15. Hello Deepak,
    Could you please advise. I filed a case in ministry of labor against my employer for non payment of salary for 3 month and insult in the office.
    its been almost 2 month since case is going on and i can not obviously stay just like that without work and money in dubai.
    i started working in another company just 2 days and my previous employer cam to know . He is threatening me that he will say this fact in the court.
    I believe I have a right to work while case is going on as its not possible to leave in UAE without income .
    Please advise what can happen to me in the court if he reveal this fact. As a proof he has only 1 email which I sent to the client with my name.

  16. Dear Sir,

    I was terminated by company last may 11-2016 . the company didn’t mention the reason in termination letter. they told one month notice period also searching the job in uae. company will request noc from me or not.

  17. dear

    if one company now terminated some employee( some of these people was working for 5-25 years ) there performance very good as the company documents(as the yearly appraisal )
    the company comments due oil price (financial issue)
    my Question is this legal ?
    if not and we go to court what the is the right may i will get?

  18. Dear Deepak,

    I Joined this company on 11th June 2014, my labor card’s expiry date is 9th June 2016 while the visa expires on 24th June 2016. Now that i’m not willing to renew the contract, which date should be my last working day in June 2016. Will I also be required to write a resignation letter one month before that date.

  19. Hi sir,
    Pls sir I joined my company Nov 2014…as kitchen helper and 3months later they gave me jacket and I started cooking…
    But due to my personal problems… my performance was not too good recently and they want to send me back to stewarding.
    But I found another job… if i resign, will I face one year ban?

  20. Dear, Deepak.
    Am finishing my one year of the three years contract on 20th this month, And my holiday would be on 28th the same month. The company does not provide us with a ticket . How ever the challenge is that I developed the uterus problem and its protruding, due to the long hours of standing and heavy lifting of materials since am working at a mall. I reported my health situation and we went with the company administrative personnel to the Doctor,who proved it true, I requested for a transfer, to a less burden line of work, and they turned me down saying , I should rather resign, or else I face being terminated, Now, under what ways, am I safe from termination, and where can I engage the company for my full benefits, since the contract was for three years?
    Dear your immediate response saves my life,and only God can reward ur efforts to save the helpless.

  21. Dear Sir,

    I was worked a well established copay they terminated me under article 120 ,iam able to get my gratuity(i have one accident case and final judgement i reserved that in not duty time on Friday)please advice me

    Regards

    shibu.s
    [email protected]

  22. Employer has put a criminal case against me, at last the after 3 years the case came on my favour during this time the employer has not given me termination nor cancelled my visa. I have lodge a labour case against the employer can you suggest what will be outcome of such case.

  23. Hello Deepak,

    Please note my Employer terminated me after 1 year service as per Clause 120 saying the reason that my Certificates are not in line with the CV submitted during joining time. Also they have confirmed I am not eligible for any End of Service benifits. The certificates they have requested from me just week ago of the termination letter issued. Please advice in this case, Clause 120 is applies and I can approach MOL?

  24. Hi Deepak
    My company terminated me after 1 year with reason saying my Certificates are not matching with the CV submitted joining time.. They have used the clause 120. However no written letter provided just e-mail only. Please advice Am I right to go for jurisdiction to MOL for claiming that my documents are genuine ?

    Appreciate for your reply

  25. Case 1: Employee was terminated on medical ground, having being sick for over 45 days. Few days latter he passed away. In his final settlement, Is his family entitled for Salary in-lieu. Provided it was immediate termination on expiry of 45 days.
    Case 2: Employee was terminated on medical ground, having being sick for not more than 45 days. he passed away within 45 days period. In his final settlement, Is his family entitled for Salary in-lieu. Provided it was immediate termination.
    Query 3: The employee was in / out of hospitals / on-jobs in total more than 45 days . never constitutive

  26. Hello!
    I have been employed for the past 5 months, I got a job in another company but same position. Now I want to leave to this new company. I understand that in case of resignation, I will have to pay my employer, but I don’t have this money to pay. So my question is, if I miss duty consecutively which will obviously leaf to my termination, will I be entitled to labour ban from the government? And for how long? Thank you.

  27. Hi Sir,

    I just want to ask what other options can we do to make our employer show up? We work in an institute. We are only 6 employees in the institute and we have not received our salaries yet from december 2015.My colleagues and I already filed the complaint of delayed salary in the ministry of labor and we are just waiting for the scheduled meeting with our employer. We only talked with the wife of the owner. she showed up in behalf of the employer to tell us that the owner is out of the country and will be back after 2-3weeks. The problem is, it is not only our salaries they have not paid yet, they also have not paid for the dewa, rent fee of the institute, telephone and they also have our passports and original copies of transcript of records and diploma. We still come to the institute even without dewa to avoid being accused of absconding. Please help us with this matter. Thanks

  28. Hello there
    My name is Barigye Manzi and I am in the UAE as we type. I was brought here to work as a graphic designer and things have turned on its head. I had recently signed a contract with the company but because I could not cope with some of their requirements i was told to look for another job. Apparently, I also got to know that my visa was never processed and it expires on the 25th of this month…..plus my salary for the second month was revoked without a valid reason.

    My question is who will pay for my return ticket if my vias expires?

    Have a nice day

  29. I submitted my resignation for 24hours last january 8th 2016 however my HOD did not allow me and I would need to leave the company so I can join the other offer I have asap…

    It stated on my contract that I have to render 30days, How can I leave the company and in what way can I make them let me go since I Have been working for them for more than 2years now.

  30. hi..sir..my employer is harrasing me..m not well..i had send a msg in early morning,that i m not well physically..i m not cming today…to my management..my boss..reply me by sms that he will deduct 2 days salary n 1 friday hardly ..i worked on friday…for last 2 months he is torturing me..deducting salary..shouting..many more..m mentally disturbed..

  31. Hi

    I have a question.yesterday i was worried bcoz im not recieving my salary den i found out that my emplouer will give my salary together with my last pay. I was shocked bcoz m not signing anything though we have a verbal agreement for the past months. Im already 1 year and 2months , i have unlimited contract and i stay i work in sharjah. I want to ask wot benifiits i can get and how can i calculate dem.? And another things the person i worked with personally harrasing me. If ifile a case against him can i still get my benifts? Tia

  32. Hi Mr. Deepak,
    Hope you would be fine and doing well as usual.
    This is Abdala Abebi,
    First of all thanks for your efforts. You are helping people without any racial difference. Now a days it is very hard to find a stranger to help others even you know your own relative will leave you if you stuck in any problem. May Almighty ALLAH give you reward for this.
    I have some query for which i need your assistance.
    I am working in engineering company as Architect with unlimited contract. My labour card has expired in November-2015 and my Visa and emirates ID will be expire in this month i.e. January 2016.
    Now the company told me they will renew my visa for which i agreed but i want to leave the company in June 2016. (For which i did’t informed them, i have just plan to leave for further study in my home country). For leaving company in June 2016 i will surrender my resign from April till June 2016 which is 3 months notice period which will cover contract requirements.

    My question is 1. if i did this then my employer have any right (any law) to reject my resignation? (as they renew my visa in January 2016).
    2. They can impose any penalty or labour ban on me?
    3. They have any right to retain my final settlement with gratuity? (Till June 2016 i will complete 2 and half years with this firm).

    Your reply me help me a lot.
    Thanks in advance.

    Regards.

  33. Hi its sachin …recently I came to abhudabhi for my new job …but yet I have not started my work and also not signed employment contract …the problem is my health is getting very low I have asthama means sinus can’t even breath properly …so can I go back to my nation immediately for treatment cancelling my job from here …please reply me on this soon …it will be loads of help

  34. Hi Mr. Deepak,

    Continuation… Now if I’m going to renew my visa with them but before they will process my visa the company wants me to sign again another undertaking letter stating that I have to work with the company within 2 years starting date of visa renew until date of visa expire. And also stated in the letter “If I violated the agreement, I will not going to receive all my final settlement”.

    My question:
    1.) What if I will not sign the undertaking letter so my visa will not renew… Can they file case against me? Reason is… If I sign the letter after then they will send me for force vacation for how many months coz we don’t have project. Like what they did to others… they sent for 4 to 5 months without salary… So if they will do the same on me and then I will be force to resign due to financial matters… then I will not going to receive my final settlement as what mentioned in the letter.
    2.) Is this legal? I have the copy of the undertaking letter coz I faxed it to my wife for translation (arabic letter). This could be use as my weapon against them if I will not renew with them. But the letter shows that I’m the one who write it and there is no logo of the company.

    1. Fridel,
      1. such letters are not valid in the eyes of MOL. All the clauses have to be mentioned in the labour contract.
      2. Please exercise caution before signing such undertakings.

  35. Hi Mr. Deepak,

    Last year, I resigned from the company (January 28,2014) for there was a good offer from the other company. But after 30 days’ noticed, they refused to give my final settlement and cancellation instead they let me take a loan of dhs.20,000 from the company and deduct every month of dhs.500 and giving me salary increment of dhs.7,500 as we agreed just to cancel my resignation. They treatened me that they will make problems on me as if I continued my resignation that time. So, I agreed to cancelled my resignation and I signed a letter stating about the loan money, salary increment of dhs.7,500 and work with them with minimum of 3-years from the date I received the loan (14-Feb-2014) with the letter.

    My question is… Can they still hold me from transferring to the other company and can they file case against me if:
    a.) I will not finish the 3-years mentioned in the letter?
    b.) I will not re-new my visa with them without finishing the 3-years mentioned in the letter? Under unlimited contract since August 2008 and my visa will going to expire next month October 27, 2015. I’m planning to pay all the remaining debt through my gratuity I’m going to receive. I don’t want to work anymore in the company. Please help me what to do co’z I’m financially in troubled.

    Hoping for response. Thank you in advance….

  36. Hi Mr. Deepak,

    I forgot to mention that I am in unlimited contract since August 2008…

    Please advice me…

  37. Hi Mr. Deepak,

    Last year, I resignation (January 28,2014) for there was a good offer from the other company. But after 30 days’ noticed, they refused to give my final settlement and cancellation instead they let me take a loan of dhs.20,000 from the company and deduct every month of dhs.500 and giving me salary increment of dhs.7,500 as we agreed just to cancel my resignation. They treatened me that they will make problems on me as if I continued my resignation that time. So, I agreed to cancelled my resignation and I signed a letter stating about the loan money, salary increment of dhs.7,500 and work with them with minimum of 3-years from the date I received the loan (14-Feb-2014) with the letter.

    My question is… Can they still hold me from transferring to the other company and can they file case against me if:
    a.) I will not finish the 3-years mentioned in the letter?
    b.) I will not re-new my visa with them without finishing the 3-years mentioned in the letter? I’m planning to pay all the remaining debt through my gratuity I’m going to receive. I don’t want to work anymore in the company. Please help me what to do co’z I’m financially in troubled.

    Hoping for response. Thank you in advance….

    1. Fred,
      A complicated issue. However, such letters do not hold good unless through MOL.
      Pleas seek their assistance.

  38. HI,

    1 of our employee gave us a resignation letter end of August and since then he was sick 3 days beginning of Sept. He then came and left the office when he wanted. Travelled without authorisation for 4 days. And now he is not coming to the office or even calling to say he will be off. Not sure what to really do. We need know if we will be entitled to any gratuity. he start work with us in 1 Jan 2014.

    1. Kiki,
      You could deduct the salaries for the days he has been absent!
      If he absents without providing proper reason, as per Article 120 of UAE Labour Law, you could terminate and not provide any gratuity.

      1. Dear Mr. Deepak,

        If i’m terminated by UAE LAW 120, will i still get my pending payment such as the days worked, and the vacation pay and the number of days worked on Public holiday etc.

        Please let me know as soon as you can so i can decide on those things.

        Thank in Advance.

  39. Hi can you please explain, if an employee is terminated under article 120 by employer, if he gets new job can he be able to join or he will be facing any kind of bans???

    1. Mfasi,
      Laobur ban is automatic.
      To avoid: http://emiratesdiary.com/jobs-in-uae-2/how-to-avoid-6-months-labour-ban-in-dubai-uae

  40. Dear, I am a doctor, got terminated as I did not accept the letter from my employer of acceptance of my resignation which was given 4 months back and which was rejected by the administration head on the same day. I signed the letter of termination on 9th august, my last working day was 20th August’2015.
    Now even after 21 days they are denying to give my proper final settlement, almost a difference of 2500Aed.
    My Q1. can they accept my resignation after rejection of my resignation & even after working for about 4 months thereafter?
    Q2. I signed the termination letter does that means I accepted the reason for which they terminated me?
    Q3. what can I do for getting my final proper settlement if they are giving less?
    Q4. all this is delaying my next employment joining. what should i do?
    If you want to say any thing related, pl. inform.
    Pl. help. Thanks. Regards !

    1. Swati,
      1. Employers can not reject resignations unless there is a valid reason.
      2. Yes, since you have signed it, it means you have accepted the terms mentioned.
      3. Employers should settle everything up to the last working day. You could file a complaint with MOL.
      4. As mentioned above.

      1. dear Deepak, in continuation of the above discussion,
        1. will I get a ban from employer of 1 yr and of which type? can they impose 1 yr immigration ban on me? I heard that any employer can collected false proofs with the help of other employee and patients and can impose immigration ban out of revenge and if so in that case no one can escape out of it.
        2. can I put my dependants visa on hold?
        3. if the employer is saying I can not put my dependants visa on hold then what will happen with my daughter’s school and my maid’s visa?
        pl. reply ASAP. Thx.

        1. Swati,
          1. Read: http://emiratesdiary.com/uae-tips/types-bans-uae
          2. I am not sure whether this facility is still available.
          3. You will have to cancel and reapply.

  41. Hi.. Good morning… Thanks in advance for the reply. I am working in Private engineering firm in Abu Dhabi as an engineer and now I got new job in Government sector in Abu Dhabi. I already completed 3.5 years in the private company. Can I get the sponsorship transfer from my previous employer to new employer?. I need to do this in order to avoid my wife and son’s visa getting cancelled in case my job change process includes cancellation of my present work permit to take new work permit.

    1. Vijaya,
      If you are moving to a government organisation, labour ban will not be applicable.
      There was earlier a facility where you could keep a deposit of AED 5K per person and transfer their visas once your residence visa got stamped.
      I am not sure whether this facility is still available!! You may need to approach immigration and enquire.

  42. Hi, first I got suspended from my job 4 days after the slide collision that results to a serious leg injury, i am responsible for the 2 separate loop slide in the middle part.I saw that they dispatch a guest but, I was not sure if she went through the loop all the way to the exit, I did not see the person got stock into the loop of the slide (slide 1). so I went and do another job as I was ask by the dispatcher of the slide to clear the other slide (slide 2). That after clearing the slide 2 unfortunately the slide 1 suddenly becomes clear despite of having a person stock inside with out me or the exit clearing it where its not suppose to happen according to the management and manufacturer. Anyways after a week of being suspended my company terminated me for the reason of negligence imposing that I let the slide to be clear despite of having someone stock inside that cause an accident and monatary loss of the company. I haven’t sign the termination letter yet until now. Its been almost a month.
    What am I supposed to do?
    Now my passport is in the custody of the police as the injured person open a case, and I dont have any update about the case as everytime i ask my company they they dodnt have update yet, only update i got from them was i can not leave the country..
    My company is urgently asking me to do my leaver clearance and the final pay settlement..
    Pls. I hope you can help me in my situation.
    I will be so grateful to have any advise about my issue.
    Thank you in advance.

    1. Cris,
      Under what clause have they terminated you?
      If it is under Article 120 of Uae Labour law, I don’t think there is much you could do!

  43. Hi Deepak,
    I really appreciate the work you are doing here replying to each and every comment.

    I am in a situation, I recently accepted a job offer in a new company which is a competitor but they have different divisions. I worked in my current comoany for 1 year and 8 months almost (current) i resigned to my employer, he cornered me and I revealed my new employer name which ofcourse he knows is a competitor. He threatened me with a legal case if I join that company.
    My contract type is unlimited. My current designation is an engineer (tech support) and the new position is also similar. There is a clause in my official labour contract which says in english “I will not participate in a project competing with my former for a period of 2 years” besides in Arabic article 127 is mentioned. I just want to know under what circumstances can the non-compete be enforced and what will be the penalty if I lose the case. Or is he just bluffing? My new employer asked me to consult with someone and make your decision but they are positive about it.
    I would appreciate your swift response in this regard.

  44. Dear Mr. Deepak,

    Good day! In my cancellation from Ministry of Labour, I have signed that I received all my dues but the truth, I did not get the full payment in my final settlement. Date of my cancelletion was 19th February 2015. My employer only give me the half amount from the total and until now he did not yet give me the balance. My question are:
    1) How can i get the balance of my final settelement?
    2) What is the legal action to do?
    3) Do i have the right to file a complain in the Ministry of Labour?

    Thank you and i hope you can help me.

    1. Jean,
      1. You should ask your company for the full and final settlement.
      2. You may file a complaint with MOl for this.
      3. Yes.
      But also note that you have signed the cancellation letter.

  45. 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

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

  46. 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.

  47. 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!

    1. Rachel,
      What is the reason for the termination?
      If there is no reason and if it is arbitrary, the company must compensate you.
      Read: http://emiratesdiary.com/job-tips/what-is-an-unlimited-contract-employment-contract
      If you are more than a year in the company, you should also receive gratuity and air ticket.

  48. 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)

  49. 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.

    1. Mohamed,
      Please read: http://emiratesdiary.com/jobs-in-uae-2/gratuity-calculation-uae-labour-law-unlimited-contract

  50. 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”.

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

      1. 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”

  51. 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

  52. 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

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

  53. 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.

  54. 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.

    1. 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?

  55. 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

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

  56. 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.

      1. Thank you so much for your response. What a valuable service you are providing. bless you

  57. 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

    1. 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.

  58. 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

    1. 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.

      1. 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

  59. 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.

    1. 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.

      1. 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.

        1. 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.

  60. 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.

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

  61. 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.

    1. 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.

  62. 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.

  63. 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?

    1. 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.

  64. 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?

  65. 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

    1. 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.

  66. 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: [email protected]

    1. 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.

      1. 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.

  67. 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.

    1. 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.

  68. 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

  69. 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. (:

      1. 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! 🙂

        1. Gem,
          If your qualification is secondary and salary is 5K, there may be no ban.

  70. 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??

    1. 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.

      1. 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

  71. 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 ?

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

  72. 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.

  73. 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

    1. 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.

  74. 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.

    1. 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.

  75. 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.

  76. 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!

  77. 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?

    1. 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!!!

      1. 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.

      2. 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

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

  78. 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.

    1. 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.

  79. 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.

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

  80. 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.

  81. 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?

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

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

  83. 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…

    1. 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.

  84. 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.

    1. 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.

  85. 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.

    1. Yasir,
      If you break limited contract, you are liable to compensate your employer and also you may face up to 1 year ban, post which you will not be able to work here.
      SO be careful with your decision.
      Read: http://emiratesdiary.com/uae-tips/types-bans-uae

  86. 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

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

  87. 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.

  88. 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

    1. 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!

  89. 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

      1. 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.

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

  90. 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

    1. Sharafudheen,
      Companies can not ask such expenses from employees.
      Read: http://emiratesdiary.com/uae-labour-law-2/reader-mailbag-pay-visa-costs-resign

    2. 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.

      1. 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.

  91. 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

  92. “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.

  93. 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

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

  94. 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

      1. Hi Deepak

        Thank you very much for your reply… One more question is there any way I can know whether I got labour approval or not.

        Thanks

        Sanaj

        1. Sanaj,
          Yes.
          http://emiratesdiary.com/uae-tips/how-to-check-your-labour-contract-online-on-www-mol-gov-ae

  95. 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.

    1. Judy,
      grace period starts from the day of cancellation of visa. So, yes.

  96. 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

    1. Singh,
      You will have to resign first providing proper notice period as per your contract.
      You may face labour ban.
      How to avoid labour ban: http://emiratesdiary.com/jobs-in-uae-2/how-to-avoid-6-months-labour-ban-in-dubai-uae

  97. 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.

    1. 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.

  98. Hi,

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

    Thanks,
    Vince

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

  99. 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

    1. 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.

  100. 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?

    1. 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.

  101. 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.

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

  102. 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

    1. 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.

  103. 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.

    1. 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!

  104. 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.

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

      1. 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?

  105. 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

    1. Annie,
      Seeking costs from employees is illegal.
      Read: http://emiratesdiary.com/uae-labour-law-2/reader-mailbag-pay-visa-costs-resign

  106. 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

    1. 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.

  107. 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

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

  108. 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.

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

      1. 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.

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

          1. 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.

            1. 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.

  109. 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?

    1. AZ,
      I am not sure what your company has told you.
      Everyone who has a labour card is subject to labour ban in UAE.
      If you have a salay above 12K, you will not face any labour ban.
      Further recommended reading: http://emiratesdiary.com/jobs-in-uae-2/how-to-avoid-6-months-labour-ban-in-dubai-uae

  110. 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?

    1. 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.

    2. 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??

      1. 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.

        1. 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

          1. Muhammad,
            Usually companies do not ban if it was termination.
            Breaking limited contract would result in 1 year ban.
            Read: http://emiratesdiary.com/uae-tips/types-bans-uae

  111. 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

  112. 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..

    1. Maryam,
      If you have worked more than a year, you are entitled for gratuity. Read: http://emiratesdiary.com/jobs-in-uae-2/gratuity-calculation-uae-labour-law-unlimited-contract
      With regard to air ticket, it is up to your company to decide that. This depends on their internal policy.

    2. my labour card expiry february9, 2015 my residence visa expire march 23, 2015 . i just want to ask when the company should cancel my visa to avoid ban

  113. 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.

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

  114. 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?

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

      1. 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

  115. 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

    1. 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.

  116. 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.

  117. 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

    1. Philo,
      Yes, you will face labour ban.
      Read: http://emiratesdiary.com/uae-tips/types-bans-uae

  118. 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

    1. 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.

  119. 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!

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

  120. 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

      1. 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?

  121. 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

    1. Gian,
      I can’t comment on whether you will win or no.
      But from what you explain it looks very bad situation for the employees.
      What damages are you talking about?
      Read: http://emiratesdiary.com/uae-labour-law-2/reader-mailbag-pay-visa-costs-resign

  122. 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

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

  123. 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

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

  124. 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

  125. 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.

    1. 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?

  126. 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

    1. Saroj,
      recovering cost from employees is illegal. Read: http://emiratesdiary.com/uae-labour-law-2/reader-mailbag-pay-visa-costs-resign

  127. 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

    1. 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.

  128. 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?

  129. 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.

    1. Shahul,
      Sorry to hear about your situation.
      You will have to approach freezone authorities with your concerns.
      In the meantime, Kindly register your CV at below sites:
      1. http://emiratesdiary.com/go/gulf-talent-register
      2. http://emiratesdiary.com/go/bayt-register
      3. http://emiratesdiary.com/submit-your-cvresume

  130. 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.

    1. 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?

  131. 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.

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

  132. 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

    1. 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.

  133. 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

    1. 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.

  134. 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

    1. 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.

  135. 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

    1. 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.

    2. 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

      1. 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.

  136. 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

    1. Imran,
      I don’t charge anyone for the advise. However, my site is governed by: http://emiratesdiary.com/terms-and-conditions-of-use
      Some companies do pay 3 month’s salary. However, there is no specific law. I have heard that those who appealed, got 3 month compensation.
      Staying in accommodation is up to company policy!

  137. 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?

  138. 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.

  139. 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.

  140. 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

    1. 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.

  141. 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.

    1. 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

  142. 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,

    1. Kevin,
      1. IF you get terminated you will get a ban. Read: http://emiratesdiary.com/uae-tips/types-bans-uae
      2. Read the article on above link.

  143. 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

    1. 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.

  144. 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

  145. 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.

    1. 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.

      1. 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?

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

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

  146. 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.?

      1. dear : mr. deepak
        what if theres no such things written in my contract regarding on cancelation and resigning even payments?

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

    1. Lhou,
      You will receive automatic 6 month ban.
      Suggested reading: http://emiratesdiary.com/uae-tips/types-bans-uae

  148. 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.

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

  149. 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.

    1. 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?

  150. 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

    1. 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.

  151. 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.

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

  152. 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~

  153. 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

  154. 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

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

      1. 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

  155. 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.

    1. You may get a ban. Read how to avoid ban: http://emiratesdiary.com/jobs-in-uae-2/how-to-avoid-6-months-labour-ban-in-dubai-uae

  156. 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??

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

  157. 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.

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

  158. 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.

    1. Yes, you may get a labour ban. You can avoid labour ban-Read: http://emiratesdiary.com/jobs-in-uae-2/how-to-avoid-6-months-labour-ban-in-dubai-uae.
      You may not get a labour ban depending on your salary and if your current company will provide No Objection Certificate.

    2. since you are working for a company long time i don’t think there may be any ban

  159. 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.

  160. 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

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

  161. 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?

  162. 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 .

  163. 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

    1. 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

  164. 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.

    1. 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

  165. 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

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

      if you are right you can approach to labour department

      1. 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

  166. 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

    1. sorry * NOT FOLLOWING THE LAW 🙂

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

      thank you!

    2. 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

  167. 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.

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

  168. 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.?

    1. you may get an automatic labour ban and….

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

  169. 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.

  170. 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.

  171. 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.

  172. 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!

  173. 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..

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

  175. 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 ?

    1. 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.

  176. 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

  177. 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!

    1. 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

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

    contact ; 0569021106
    or ; 042523633

  179. 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.

  180. 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

  181. 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

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

  182. 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.

  183. 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

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

    2. 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.

  184. 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??

    1. 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

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

  186. 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 !

  187. 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?

  188. 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

    1. 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

  189. 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.

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

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

  191. 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!

    1. 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.

  192. 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.

  193. 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.

  194. 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

  195. 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?

  196. 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: [email protected]

    Hope to hear from you soon. Thanks

  197. 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

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

  198. 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….

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

  199. 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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