Termination of Labour Contract:
In this post I am trying to answer the queries with regard to the Termination of Labour Contract. (Click on the questions for answers)
1. When can the contract be terminated ?
2. Can the employment contract be terminated if the employee or the employer dies?
3. If the worker’s disability is partial, is the employment contract terminated?
5. Is the compensation for injustice dismissal calculated on the basic salary or the total salary?
11. How the compensation is calculated, on the basic or total salary?
22. In case the employer has terminated the worker’s unlimited labour contract and didn’t ask the said worker to work during the notice period; or if he has reduced the notice period, then what shall be the legal action towards such case?
23. A worker was terminated by the employer after the former has worked for 11.5 months…whereas the employer has paid him the value of the one month notice period, do such worker deserves the end of service gratuity?
24. If the worker has submitted his resignation letter and was ready to work during the one month notice period…and the employer has waived such period, do such worker deserves the allowance of the one month notice period?
25. In case the worker has submitted his resignation letter and took a leave… or resigned during such leave period…shall the said one month notice period become invalid?
26. May the employer terminate the worker without notice?
27. If the employer is having a right to dismiss the worker without notice…, shall such worker have the right to leave the work without a notice?
28. My employer has dismissed me without any reason after I have passed the probation period… do such dismissal considered arbitrary?
29. If the employer has arbitrary dismissed me without presence of any reason and I am damaged due to the same…how can such damage and arbitrary dismissal be determined?
30. The employer has terminated my service due to the fact that I am not fit from the health point of view, shall he have the right to do the same?
31. Can I have the right to obtain an experience certificate after I have spent my work period with my employer?
32. I have worked with my employer, but he have sold the establishment for some other person…how can I obtain my work dues?
33. I have signed the labour contract…where it was mentioned in the said contract a term which stipulates that after the expiry of my service or during suspension of my work, I should not work with any other competing company for a period of two years?
34. I have worked with my employer under a fixed contract for a period of two years, but I didn’t complete the period of my labour contract. Now my employer wants to cancel my labour card with a ban of work for one year in a pretext that I didn’t complete the contract period?
35. I have worked with an employer with a contract of unlimited period and I didn’t worked for the notice period… shall the employer have the right to put the pan stamp on my passport?
36. Is there any exclusion with regard to the one year ban on the worker if the original employer agreed to cancel the said ban?
37. I am employed under a limited period contract for 3 years and I have asked my employer not to renew the same…then who shall pay the costs of the return ticket?
38. If I worked under limited or unlimited period contract and submitted my resignation, shall I have the right to ask for return tickets?
39. I have completed my labour contract, whereas there is a stipulation in such labour contract showing that my employer should bear the costs of my family return tickets in addition to the baggage shipping costs, have I the right to bound him to the same?
40. As for the return tickets, shall my employer have the right to return me to the capital of my home country or to the place he has already brought me from?
42. If a labour compliant has been referred to the court…from when does the period of 30 days for vacation of the accommodation shall start to go into effect?
43. How the End of Service Gratuity is determined?
44. Shall the leaves without pay be calculated within the service period?
45. I have worked with my employer for two years and 5 months…; shall the End of Service Gratuity be calculated for the parts of years?
46. Shall the End of Service Gratuity be calculated for the total salary?
47. If a worker died, shall his employer pay his End of Service Gratuity?
48. I have worked with my employer for the year 1975, i.e. before the issuance of the Labour Law in 1980; shall I have the right to claim for the End of Service Gratuity for my service period with my employer before the issuance of the Federal Labour Law in 1980?
49. Kindly show how can the End of Service Gratuity be calculated if the worker has ceased working when he is employed under unlimited Period Contract?
50. When shall the worker be banned from having the End of Service Gratuity?
51. I have worked with my employer…, whereas present in the establishment a box called the “saving box” in which the employer was used to put in it an amount of money for the account of the workers as an End of Service Gratuity…, in case I have reached my end of service period, shall I deserve to have from such amount?
52. I am working in an establishment, in which the system of pension and insurance is adopted…, in case of my end of service; shall I have the right of option between having the pension and the End of Service Gratuity?
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Hi Dear Deepak,
Is it possible to check an immigration/labour ban through a legal adviser? If yes, can you please give me a contact number of a legal adviser in Abu Dhabi
Thanks
Jiffry
If my employer terminated my contract and after they receive my cancellation papers, can they force me to go back to my home country? I don’t want to for I will look for another job here.
I would like to seek advice against my wrongful termination by my employer.
I was terminated for the violation of company’s ethics policy. I believe I did not commit any wrongful action as specified in the article 120 of uae labor law.
They had an investigation about the matter, where I was asked a few question. I was never shared the outcome of the investigation and never allowed to present my defenses other than the investigation which they did, the results of the outcome were not shared with me.
On Thursday 17th of November they just called me to a meeting room ad told me I was being terminated with immediate effect and I will not be allowed to have the pay for my notice period. I was never issued any warning letter and there was no meeting held with me which could allow me to present my case and in which they would tell me the allegations against me and hence inspect my defense.
My question is that
1. Can my employer terminate my unlimited contract with them just like that without giving me a warning letter? I was working with the company for more than four and a half years
2. Can they terminate me without providing me proof of my wrongdoing?
My plea is even if I violated their ethics policy which I had signed they cannot terminate me without the above two.
I would request your advice on the subject
Thanking you in advance
Best Regards
Dear Sir/Madam;
I have an question about my situation. I want a cancellation so when she come back here again at the UAE I tell her that end of the month I will stop working because I cannot work more I’m tired. In two weeks we have only 1 off and sometime we work more than 8 hrs. And every Friday we work 15 hrs. but everytime I spoke with here she said after. And the last time I spoke before I stop working she said she cannot cancelled me because the new owner need two cashier. She want to sell the shop including the staff.
So it is valid to Inform her one month before I leave without giving a resignation letter?
Thank you, I really appreciate any of your responses for my letter.
Geralyn Lanzaderas
Hello,
I was working in a finance company and i have got terminated from the company with immediate effect 2 months ago but company did not cancel my visa till today. So my concern is that is there any law support us to raise a complaint against company and ask for the expense for delay visa cancellation.
I have already registered a complaint against the company for delaying my visa cancellation . So how many days actually take to cancel our visa if we terminated with immediate effect ??
Hello Sir/Madam,
Greetings…!!!
Myself Uttam Jain from India; I was working with Excellence IT Solutions Pvt. Ltd. (which is India based IT Company); Excellence IT had joint venture with Saitech Computer and IT Solutions LLC (UAE, Dubai Based IT Company).
I was on deputation from indian company to the dubai company; I started working with Saitech IT since Sept. 2015, they paid my salary till March-16. I went to India on Vacation in the month of April’16 due to some medical emergency of my father i was late by two weeks to coming back to Dubai; but somehow i managed and come back on 19th May, 2016. They put my salary of April’16 (7 days salary) on hold, but they provided salary for the month of May’16.
Now i can say my salary for Apr, June, July and August (current month) has not been paid.
I was getting pressure from my home also as my father need to be operted due to the major accident; hence my presence will be required their; Saitech IT cancelled my Labour contract and Visa. At present my Visa Status is Cancelled.
Can you please suggest the better way to get salary.?
Can i claim my salary and can you guide what is the process of labout law?
As my labour contract and visa has been cancelled; can i still go to the labour court? and how much time it will take to get salary?
Please suggest me and provide your advise on the same.
If you need any other details please feel free to contact me.
Thanks & Regards
Uttam Jain
0555 72 5443
Hi Deepak,
I am employed under unlimited contract. I finished my 2 years after that they renewed my visa. After 1 day of renewal they are saying that they want to cancel it because they cant continue with my. They have not gave any termination letter nor i have resigned. So i want to know that what are the rights for me to ask for as a compensation bcz they have not terminated me nor i have got any sort of letters of warning or anything. Please advice me asap.
Hi, My company forced me to resign by issuing warning letter and now when i resigned they are asking me to pay as i m under limited contract. I m pregnant and wasnt able to perform because of my health condition hence my manger ask me to submit resignation. i cant pay i dnt have money they already approved my resignation and my last working day is 28th july now they are delaying in my final settlement and also forcing me to pay. please suggest what can be Done in this case
Is it necessary to work for the employer after getting the termination letter and mentioning hence with that the final date of employment will be the end of the month.
Dear Mr Deepak,
I am working on an unlimited contract as a Doctor in a hospital here in Abu Dhabi since November 2014. The salaries have been regularly delayed for all the employees ranging from 2 – 4 months. In 1st week of January 2016 I had some argument with the owner related to the salary delay. After that I had to rush to my home country for Emergency leave of 11 days (application was approved by the medical director).
Once I returned back, I joined my duty for a day & was supposed to attend a conference for 4 days in Dubai (leave approved) from the next day. But on the same day of joining, around 9.30 pm in the night, HR dept. of my hospital shot a mail to me informing “Termination of my services” with one month notice & informed me not to attend office with immediate effect. My offer letter mentions 2 months of notice. My queries are as below –
a) Will the termination be considered legal, as it was sent through mail late in the night when I was off duty & was on approved conference leave from the next day??
b) Will this be considered “Arbitary Termination”? If so what should be my next steps?? What would be the action taken by the legal dept.??
c) Does “Offer letter” have more weightage than “Employment Contract” if it is in favor of the employee?? As there are many terms & conditions mentioned in the offer letter which are not there in the employment contract.
d) I have used only 11 days of my annual leave, so what is the annual leave salary that I am supposed to get??
e) How should my “End of Service Benefit” be calculated??
f) For last 1 year or so I have worked for more than 10 – 11 hours daily. Am I eligible for overtime??
g) I have worked on all the Public Holidays & majority of Fridays & got only compensatory off for the same. Am I eligible for extra pay for those days??
Awaiting your detailed reply with appropriate advice & guidance.
Thanks & Regards,
Hi, I have been working as a house help from june 2015 till now my visa will expire in august and i dont want to renew it as a house help, i want to get job. Is it a must for me to go back to my country then come back or i can just find another job while my visa is still valid?
Hi Deepak, I have a 6 months labour ban, now I tried to apply and 1 restaurant have an interest for to work. How they can lift a ban and what are the other solutions for them to apply a visa, my last company terminated me during my probationary in unlimited contract. And I got a ban because of that, but they issued me a NOC. What the new company can do to lift my ban with this case? Thank you so much. Hope to hear from you. Arvin
Dear Sir,
My company terminated me with immediate effect in my probation period
It is written in the offer letter terms and contitions that if company terminate then the employee has to pay 3000dhs for training course .and my signatures is also there
In this case
Either I have to pay it or I can go to MOL .
Is this legal ?
Asif,
Does your labour contract state this? if yes, then you need to pay.
Any other document is not valid at MOL.
I am working under probation, im in unlimited contract, i got terminated because i abandon my work due to a heated argument with the manager, i was terminated today by the general manager. please help me, i need your advice, regarding ban, and will they pay me my last salary. thank you.
Mel,
Under what Article in Labour Law were you terminated?
Hi deepak
I am a civil engineer working under 2 year contract at sharjah visa.Now 5 months over i have resigned and i knw i will get ban.My new new employer said to break ban they have to pay me 12000dhs salayry that was not possible so we will take u as clerk(visa proffesion only) and giving 7000dhs after coming here we can change proffesion in visa.Previous cmpny my visa is civil engineer.This can possible
Reply me fast plz
Edison,
I think it is possible.
im technician and i have been terminated by company due to section closure .they have given me one moth notice period,while i have found a job in same field as well as better offer. but less than 5000 ,but my labor contract is unlimited and it reaming 3 month for completing 2 years . so i will get the ban from mol.
how ever to join the new company i will need the noc letter for lift the ban , current employer is not willing to provide the NOC any way.as result i will not able to get job in this situation.
i need know is there legal way for the get NOC from current employer?? as well as is there any other procedure to lift the ban???
Pramuditha,
If you were terminated, let MOL know about that!
They usually do not impose ban if you were terminated.
Take your termination letter with you.
Dear deepak
Hi i am Maninder am degree holder was working with an llc in dubai my visa was archives clerk with 3350 salary was in probation period and got terminated. does company liable to pay full month salary or the day till i have worked?
Maninder,
The company should pay till the day you worked.
Dear deepak
Hi i am dileep am degree holder was working with an llc in dubai my visa was archives clerk with 5000 salary was in probation period and got terminated. Will i get ban and is it possible to change the job with less salary. The company will provide me noc.
Dileep,
yes, labour ban is possible. Get an NOC from your company and you could avoid the labour ban.
Bro am planning to change to other company with 4700 salary is it possible.
if ma company provides noc can i join. And my contract was unlimited
Dileep,
With NOC, you could avoid labour ban. But that is up to MOL to decide.
Dear deepak
My labour card expiry date 1/08/2015
Labour contract expiry date 9/9/2015 limited
Visa expiry date 16/9/2015
I got new offer from other company .as per the request from my current employer i had send a letter on 1/7/2015 ” as my labour card expires on 1/8/2015 i am not like to renew my contract and card and relieve me earliest as possible”
1. Suppose my current employer cancel my visa before 1/8/2015 do i have any ban
2.When will be my last working days in this company
3.do they will give me settlement and leave salary and air ticket
4.When will be safe time for me to cancel my contract ,visa …ect
5.Till how much days i need to work
6.suppose in 1/8/2015 they cancel my labour car and if they not cancel my visa what i will do
7.do i will get salary till my visa cancel
8.if they didn’t give my end of benefits what i will do
Anoob,
1. I don’t think so.
2. You will have to serve the notice period as per your contract.
3. Yes.
4. After the notice period.
5. Till the end of your notice period.
6. Your new company will need to apply for your labour approval.
7. yes.
8. You could file a complaint with MOL.
Good morning, I just want to ask if its possible for me to complain if my previous employer is delaying my visa cancellation. I am in limited Contract i was given late a job offer letter Dec. 20, 2014 and they let me start for work Dec. 11, 2014 and the duration of my contract starts January 2, 2015 to January 1, 2017, i resigned last May 12,2015 and i have served a 1 month notice to the company as per the legal way. I have resigned because my employer is not increasing my salary as verbally promised that after 3 months he will increase my salary and aside of that because of my innocence about the laws of Ministry of Labour, the company deducted 890 dirhams for the payment of my visa because it is inside process as they said and i agree to that because of my innocence and the most worst situation is that they made a letter stating that I loaned and received 3750 dirhams from the company and they want me to sign it.They can say now that they were not forcing me to sign that letter because i will not really sign it because that is not the right guarantee letter to finish my contract to the company. I did not file any complain to labour office because as been discussed with my employer regarding this matter they said they will support me if i want to resign and wishes me good luck if i get another work. In my own understanding they will provide me everything i need if ever i found a better job. but now they were delaying my visa cancellation and they are not going to give me an NOC. Please I need some advise on what to do regarding this matter. I was locally hired here in UAE and they want me to go back to my origin country.What shall i do regarding this scenario. please advise me. I have already paid my 45 days penalty to them but they did not give me any receipt as i have asked them many times. they said its not needed. please i need your help.
waiting for your response in this regard.
Thanks and God bless,
Ms. Eunice Del Mundo
Ms.Younes,
Please read more about Limited Contracts in UAE
IT is up to company to provide NOC or not and you also may face labour ban for a year for breaking limited contract.
Verbal promises can not be considered.
However, delaying visa cancellation is not right. Receipt must be obtained for all the payments you make. How are you going to prove that you paid the 45 days compensation?
I suggest if the company still delays, you get in touch with the MOL.
hi deepak.. im prasad..I completed MCA but I came on construction carpenter visa for 2 years contract.. i came aug.2014…but my emrts id started at feb.2015 which is correct. .. if i look for a job in freezone any company.. do i still get ban? if i did not finish my 2 years contract will go to labour court any problem…or bans…even i look for a freezone? thanks
Prasad,
Recently I heard that free zones, now do not hire if you have labour ban.
But this is not entirely confirmed.
Hi, good morning.
I am having my contract and visa expired this July, just wanted to ask if there’s still a need for me to give or file a 1 month notice if I wanted to resign? Thanks in advance
Carlos,
We are still in June. So you can provide notice period.
Hi! I want to how long it will take to process the cancellation.. Im finished contract already last march 15, 2015 and my boss always answered me my cancellation is under processing and it will submit to the immigration.. if i ask when, he said its up to the PRO. I told to him june 10 my visa is expired he need to cancel it otherwise i will over stay.. My boss said to me there is no problem because they alreat submit to the labour.. Only in immgration they are waiting.. kindly give me an advise. Thank you
Rose,
Cancellation does not take more than a day in extreme situations!!
Hello, my former employer filed a case against me and my GM and the current company we are working with now, (myself and my GM was a former employee of the complainant company)
Note: both company has the same nature if business, i worked with the former company for 4 yrs, resigned and was given cancellation before i joined the other company. i am happily working now with the new company for 6 months, then my GM informed me that he received a letter from the Dubai courts, from our previous employer, with a case against me , him and our current company.
please advise my rights and what will happen next? our HR department advise us not to receive any letter coming from them or dubai courts and tell them to go directly to our HR dpt.
thanks,
Oli,
You should do as the HR said.
Hi,
I’m working in Abu Dhabi for one and half years in a 2 years employment visa. Now I’m planning a job change. Can I work in another organisation in dubai with my current employers sponsored visa for the remaining 6 months if accepted by my current employer and my new employer and change my visa to the new sponsor after 6 months and cancel my old visa. Is it possible and can I avoid getting a ban.
Manish,
No, working for another company while you are on another company’s visa is illegal.
Hi,
Is it ok to leave UAE and come back after 2 days upon end of employment till the time visa is not canceled?
Thanks,
Ankit,
I don’t see any problems as long as your visa is valid.
But it is entirely a discretion of the immigration Authorities to let you into UAE or not.
I got a job in Dubai 3months back. I signed contract for 2years. My company gave me a provisional employment visa for 2months which has expired. I am now in overstay. I want to resign because company has failed to renew my visa and the other thing company pays salary after 2months. I called ministry of labour for clarification but when I gave them my passport number, they told me that there are no details of me in labour meaning my company is not registered with labour. 1.if I resign will I pay a fine for not completing contract? 2. Will I get 1month from labour or so to look for another job? 3. If I resign , who pays overstay? The company or me? Please help me… Thank you
Toush,
1. You do not have to pay any fine upon resignation.
2. No, since you already are overstaying, you will not receive such a thing. Better to exit and not work without valid visa.
3. Your employer should take up the responsibility.
Dear ,
I worked in JAFZA (JEBEL ALI FREE ZONE ) and I’m still in my probation period . i found a better job and i want to move ,but my told me that i need to bay 45 days . is that legal ? nothing in my contract mention that if i resign i should bay 45 days ! they just mention that i have the right to resign without any notice in my PROBATION period .
Sami,
Jafza companies can have their own policies with the permission of the JAFZ Authorities as they do not come under labour law of UAE.
Dear ,
Even if its not mentioned in my contract that i need to bay 45 days ?
Sami,
Yes. This is in labour law.
hlo deepak,
i am working in dubai last 11 months. i have a limited contract .but my company not paying salary correctly. really i wish to change company. what are the possibilities to change the comapny without ban.pay cash hepls?
If I worked under limited or unlimited period contract and submitted my resignation, shall I have the right to ask for return tickets?
hi good day,
i have work in my recent company for about 5 yrs and 4 months now. the first 5 yrs in under limited contract and the remaining 4 months is unlimited . for some reasons i filed a resignation letter 1 month prior to its effectivity will i have the right to asked/demand for my return ticket? because according to our PR man i will be the one will shoulder my ticket back home since, am the one who cancelled the contract through resigning. secondly, regarding my gratuity? i am recieving 3350 as my basic salary how much is the actual figure will i have to get..thank you so much…im hoping for your response..
good day.
i have work in my recent company for about 5 yrs and 4 months now, i completed 5 yrs with limited contract and the remaining for months unlimited for some reasons and i submit my resignation 1 month prior to its effectivity, will ihave the right to ask my ticket ask form y return ticket.
38. If I worked under limited or unlimited period contract and submitted my resignation, shall I have the right to ask for return tickets?
Read more: http://emiratesdiary.com/jobs-in-uae-2/termination-of-labour-contract-in-uae-faq#ixzz3ZB00KfSK
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Gerald,
If you are eligible for annual ticket yes. However, it is not a right. The company can provide you prorata air ticket.
Hi. I need some advice. My sister is going to finish her contract on 28th of April 2015 and on 25th of April, they are going to cancel her visa. My question is, does she still have a 30 days grace period to stay here in Dubai? or should she exit before her visa expires? Her visa will expire on 1st May 2015. Thanks
Shing,
They might renew her labour contract.
Notice period starts 1 month before the employee wants to leave.
And if your sister has unlimited contract, it is renewed automatically.
By not tendering resignation, the contract may be extended.
Hi,
I am working for a free zone company in JLT. I just completed my probation period few days back, but still haven’t received my permanent confirmation certificate. I am planning to change my job, and my boss is refusing me to do so. He says that he will put a ban on me and will recover a huge amount from me. In my contract it says that i will have to serve 1 month notice or if i dont i will have to reimburse some amount.
Just wanted to know what possibly i can do or if i have to pay how much will be the amount.
Awaiting for a quick reply.
Thank you,
Brijesh Khurana
Brijesh,
Labour ban is not possible as free zone companies can not impose. But if they insist on fees recovery, that is illegal.
Imposing immigration ban can be done in extreme situations only.
Hello Deepak,
I have been hired by IT Firm here in Dubai. I came with my family wherein I have been only given my tickets. I sponsored my wife / daughter and for tickets too.
According to contract –
Your first 3 months of employment will be classified as your probationary period, during this period both parties can terminate this agreement with immediate effect. (mentioned in my contract)
On completion of my 4th month I have been terminated. Company falls in DMCC region.
Am I eligible for any compensation. I feel that I have been dumped and cheated. I don’t know what to do in this case. I invested lot of amount on everything. I have purchased my car, house hold stuff – I have already invested atleast 100 K AED to setting up everything.
The owner said, we need painless process. We won’t cancel your visa. Please tell me what to do. I feel cheated and dumped. Please guide me what to do.
Sumit,
Do you have an official letter of confirmation from company.
As it is DMCC does not follow UAE Labour law and I am not too sure about the laws there.
You could check with the DMCC main office about your situation.
I don’t think you will have any compensation.
In the meantime, kindly register your CV on the following links:
1. http://emiratesdiary.com/gulftalent
2. http://emiratesdiary.com/baytcv
3. http://emiratesdiary.com/submit-your-cvresume
Hi Deepak,
If a company terminates an employee giving him one month notice and is willing to keep his visa open until he finds another job, are they entitled to pay him WPS?? And what if his labour contract has been cancelled after the notice period but the visa still kept open??Are they still entitled to pay him WPS??
M443,
I don’t think the company needs to pay after the labour contract is terminated.
Hi Deepak,
Am working more than 2 years for German company but my contract is through Sister company from Dubai….Is it true that if I resign,company have to pay me 13th salary for every completed year(in this case 2 salaries)?
Thanks in advance
Daniel
Daniel,
Nothing like that unless company has promised you!!
You’d be lucky if you get that bonus.
Dear Sir,
I would like to ask that my contract is limited and I’m one year and 4 months now in the company and decided to resign as I’m getting married soon and will not be working anymore. I already serve my 30 days notice. I would like to ask if it’s compulsory with UAE Labour Law to pay the 45 days as I did not finish my contract for 2 years.?
Thanking you in advance.
Jelay,
Nothing like that is written in Labour Law.
It seems to be illegal.
Read: http://emiratesdiary.com/uae-labour-law-2/reader-mailbag-pay-visa-costs-resign
Yes you have to pay that according to the labor law. Because you resign and you are under limited contract you have to pay half of your salary of 3 months, so 15+15+15= 45 days.
Hi mr deepak
I was recently terminated from my contact with an airline here in UAE after just 3 months (still under probabtionary period). They are not asking me to pay the training bond however are expecting me to repay a housing advance given to me of 17500 AED. (To cover rent) Obviously after having worked for so little and having my job taken away so quickly i do not have it to give them back. What will be my situation now? They state in their guidelines that visa will not be cancelled until dues are paid in full. So am i stuck here? I was hoping to exit and re-enter uae on a tourist visit visa to look for another job.
Look forward to your reply
Annie
Annie,
Yes, you will have to pay the money taken in advance to the company.
Why do you want to exit? You could look for a job here instead of exiting!
Dear Mr. Deepak,
Sir kindly enlighten me regarding my concerns. I gave my resignation letter to my previous company with notice period and after 2 days they told me that it is already my last day and I need to turnover all necessary documents and things to them which I followed and last March 25 i surrender my emirates ID and health card to them and signed a documents for the visa cancellation (my visa is from masdar freezone). I keep calling the hr and pro to asked for the status of visa cancellation but to no avail. So I decided to check to the immigration department the status of my visa and they told me that it is already cancelled but when I went to our main office to asked for the copy of my visa cancellation they told me that it is still on process and I should wait for another 4days.
1. Sir is it possible to ask a copy of my visa cancellation from the immigration department.
2. How many days to process the visa cancellation
3. Is it possible for my new company to apply me a new visa (private company) even If I dont have a copy of my visa cancellation?
4. Can I ask for your advice what will I do next?
Thank you sir and I am hoping for your response.
Sincerely,
Lalai
Lalai,
1. No, you should ask it from your company.
2. not even a day!!
3. No, most companies ask for visa cancellation.
4. Your options are to be straightforward with your HR and officials.
Dear Mr. Deepak,
Hi, Im currently working for an LLC company for more than a year under unlimited contract. I just got back from vacation last april 1, 2015.
Then due to some issues in the company that they want to recover from their losses they decided to terminate my job along with 3 other co employees.
Their notice letter of termination is dated March 26, 2015 and my last day of work will be on april 25, 2015.
Can you kindly answer the following?
1. Will i have a labor ban ?
2. What am i entitled from the company in terms of the benefits?.
Looking forward on your reply.
Thank you.
1.
Ravie,
1. Ban will be automatic. But your employer can give NOC.
2. Gratuity and air ticket to home. The company may also provide termination benefits.
hi deepak,
i have finished my 2years in an unlimited contract last mar13 and my visa last mar23. now i want to cancel my visa and all in my current company, but they said they require 1 month work more from me.
a. is it legal to require a 1 month notice even after all labour card , contract and residence visa are expired?
b. they havent paid us our salary for 2mos now, will it be enough grounds for article 121-uae law to where employee could leave company without notice in an unlimited contract?
jade
Jade,
1. Working without valid visa/labour card is illegal.
2. You could file a complaint with MOL for non payment of salaries.
Hi. .sirf
I was working under immigration visa and got terminated after 3 months from my company m I entitled for return ticket to my home country. .plz reply
Md,
Yes, you are entitled for ticket to your home country upon termination.
Hi Sir,
Our boss talked to us that the company now is suffering financial problem and they cannot provide us salary for the next month. They told us that we have two option, first one is look for another job and second one, go back to our country, take vacation and when the company is ok, they will call us. But we are planning to do the first option. Do we have a ban if we choose the first one?
Wink,
You may face labour ban. However, request your company for an NOC.
Read: http://emiratesdiary.com/uae-tips/types-bans-uae
http://emiratesdiary.com/jobs-in-uae-2/how-to-avoid-6-months-labour-ban-in-dubai-uae
Hi Deepak,
first of all thanks for Good Job!Whcih you are Helping others!
i need to ask one question regarding my job.
i am currently working a company since last 4 year.
during 4 year i got three Different visa.
actually my company is Group Company.
now i am planning to resign same co. JOB
but the problem last 2 month before, i got third visa in same sponcer which i was working in same Group Co.
i would like to know could i get 6 Month ban as per UAE law- if i resigned same Sponcer Group co.
Mak,
Yes, you will have labour ban. The companies are different entities and does not depend on who the sponsor is!
Dear Sir, I have been selected for a job with a small firm in Dubai. Along with my offer letter, i have received a bond to sign which says
“In case of cancellation of Agreement before 24 months from the Employee side then the Employee can / shall do so by paying upfront penalty of AED 20,000 without any justification to cover for the lapse stated above.”
Is this legal as per UAE Labour law?
DG,
Not as per UAE Labour Law!
Are companies starting bonded labour? I fail to understand??!!
I work on a unlimited visa and not happy with my job because the salary offered is just 3000 aed and the work environment is really bad…i am now planning to change job and my company is ready to give noc at a cost of aed 5000 as per agreement…..if i get a job which offers more than 5000 aed can i change job without any ban.
Lewis,
WHat is your qualification?
Read: http://emiratesdiary.com/uae-tips/types-bans-uae
http://emiratesdiary.com/jobs-in-uae-2/how-to-avoid-6-months-labour-ban-in-dubai-uae
Hi, I am on Unlimited contract. My company terminated me after the 7 months and 24 days giving me one month notice. They are forcing me to sign the cancellation paper before the completion of my notice period. They are saying you are only entitle for 1 month salary and not for leave salary compensation. Moreover, my termination is arbitrary (as per my knowledge) because they give me 3 warning letters for the informed leaves for sickness and my wife’s medical checkup in 3 different months. Is is arbitrary dismissal? because there is no any other warning subjected to my work is given to me. My passport is with the company. Can they cancel my visa without my signing on labor cancellation paper? If they do so, what can I do in this case, please advise!
Kashif,
seems like the dismissal is arbitrary. But I am not sure what kind of internal rules are there in your company.
You are entitled for leave salary for the accrued leaves.
A legal and proper cancellation paper is needed for cancellation.
Dear Deepak,
I have completed 3 years & 7 months working with this company in Dubai. My contract is Unlimited contract. I want to resign from work giving 30 days of notice. The company deducts from everyone 45 days salary after this 30 days of notice.
In the Contract letter we don’t have anything which mentions 45 days salary is to be deducted.
Does Company have right to deduct 45 days salary & what should I do if it is not right on part of the company?
Regards,
John
Jacob,
It is illegal for companies to do this.
Read:http://emiratesdiary.com/uae-labour-law-2/reader-mailbag-pay-visa-costs-resign
Sir I asked you a question yesterday. but I did not asked one thing.
I am working in a hotal.my visa is immigration visa. So can my company terminate my service without any reason. after 10 months.and sir my basic salary is 1500 and 1000 is allowances . So they will give me the payment of anvil leave on basic or full salary.and they will give termination salary or not.
Thank you very much for helping me. sir
Noor,
It depends on company to give termination benefit under unlimited contract.
You should receive your salaries for the time you have worked.
Sir I am working in a hotal . My company give me 1 month notice on my 10 month of the service .because our one hotel is closed . And now they are terminating the sttaf. so after 11 months of service can I get an val leave and graduaity . My visa is immigration visa.
Noor,
You will not receive any gratuity as you have not completed 1 year.
You should receive the accumulated leave encashment and 1 way air ticket to your country of origin.
Since you have immigration visa, labour ban is not applicable to you.
i have two year job contract working as ass Accountant but after complition of one year i got termination letter from my company on 31.1.2015 he gave me one month to find a new job n he will give me NOC also. n he said no need to come office after 28/2/2015 I have inquired that 6 months ban is enforced . so what will be happened with me & give me advice what to do- is it possible to search non freezone areas
Avith,
if you have NOC, you can avoid labour ban.
My employer terminated me from the service in the probation period without notice, i accepted the notice since I felt the company is not good. Now my employment visa got cancelled but the employer refuse to give my salary for the days I worked & NOC . Is NOC is mandatory for getting next job? In my visa cancellation page there is no ban. Do I get automated 6 months labour ban? I am a post graduate with experience. please advice.
Rahul,
NOC may be useful incase you face labour ban. Yes, Labour ban is automatic and nothing will be mentioned in visa.
Read: http://emiratesdiary.com/jobs-in-uae-2/how-to-avoid-6-months-labour-ban-in-dubai-uae
hello mr. deepak,
My old employer terminated me because i filed a complaint to MOL because he tries to reduce my salary from 4,000 to 3,000, and would want me to pay the visa expenses. Now my visa has already cancelled and I requested to get my passport but they refuse to give it to me they want me to pay the visa expenses before I can get my passport.
The MOL complaint I assumed would take time and still on process. Now is there a way for me to get my passport or can I report it as lost because the employer stand firmed that I need to pay the visa expenses. The MOL said that since they terminated me they dont have the right to collect money from me.
I’m really in a mess right now because I’m still applying for a job and have no means of income. If only I have the money I would have pay for it so that they can release my passport without going to MOL.
I’m really messed up now. Please I need your advise. Thank you.
Nahtanoj,
Complain to MOL please.
No one has the right to keep passports belonging to others.
Read: http://emiratesdiary.com/uae-tips/can-employer-keep-passport
Hi Deepak,
In unlimited (Two year completed) contract if company is not renewing one person contract and giving him a notice for one month. Will he be able to get 21 days gratuity/or as per normal method?
Kumar,
I request you to read: http://emiratesdiary.com/jobs-in-uae-2/gratuity-calculation-uae-labour-law-unlimited-contract
DEAR DEEPAK,
AFTER I COMPLETED 2YEARS CONTINUE WORKING IN 3YEAR IF I CANCEL MY VISA.ANY BAN FOR THIZ
Mansoor,
No ban is applicable on cancellation of visa.
If only you break the contract, you will have labour ban.
my dear what i am asking after i completed my contract again i am continue the work in same company 3 year starting i renew my contract everything.if i cancel now.i have ban or not..
Mansoor,
No labour ban as you have completed your contract if you are on unlimited contract.
Sir ,
We had terminated some staff (Unlimited Contract)with 30 days Notice period.I would like to know the final settlement of these staff , Do we need to pay any compansation Like 3 Months salary. Please advice me. Regards I am expectiong your quick response..
Regards
Roy Dubai
Roy,
For unlimited contract you will have to pay notice period salary and gratuity as per law if applicable.
dear sir
my name is fazululla, i need your advice and opinion , my cousin sister got job in dubai, they said as per company policy she has to bare the visa expenses, later when she join the company they will return the visa expenses with in a couple of days, and also they given a concern person detail who works in uae embassy in india mumba, she paid the money 41,500 Indian rupees, she got acknowledge for that payment.
later on they send a email to deposit money for bank assurance of 1,50,000 rs
this money will returned in uae, from any bank after reaching to UAE
please advise is it true
what she need to do
Fazululla,
This is a fraud and your family has been cheated. Pleas lodge a complaint with Dubai Police.
Sir , We had terminated some staff (Limited Contract)with 30 days Notice period.I would like to know the final settlement of these staff , Do we need to pay any compansation Like 3 Months salary. Please advice me. Regards I am expectiong your quick response..
Regards
Roy Dubai
Roy,
If you terminate staff who have limited contract, YES you will have to pay 3 month salary or remaining contract amount whichever is lower.
Dear Deepak:
im working in unlimited contract for 10 months, then decided to resign to have a new job with a government instituition by giving one month notice but my employer did not accept it,after i served my 1 month notice I will go to MOL, do you have any idea on how long the ministry will decide upon it?and probable solution they will present? thanks in advance
Harun,
Usually the MOL is quick to resolve such issues.
Dear Mr. Deepak,
I’m in limited contract. I am 1yr now in my company. If I will resign now does the company has the right to imposed another 6mos labor ban to me aside from 6mos automatic labor ban.
Thank you so much for your reply.
Rose,
Yes, you will have a one year ban.
Read: http://emiratesdiary.com/uae-tips/types-bans-uae
Hi,
I’d like to know if my contract is limited or unlimited as it does not clearly say that.
According to part 10 (the only part where contract is mentioned) in my contract with the company – it says : Your contract of employment is open ended (limited or unlimited?). As per Government regulations your employment visa will be valid for two (2) years, and is renewable. So, is it limited or unlimited contract?
Besides, it says : In case you choose to terminate your services with the company before completion of 1 year you will have to pay cost of visa.
So, does this allow me to terminate my contract after one year without bearing the cost of visa and any other charges?
And, I have seen on this web: http://dubaiofw.com/difference-limited-unlimited-contract/
that I can terminate my contract so long as my new offer will be AED 5000 and over, of course if only my contract is unlimited. Is it actually so? If it is, can I avoid getting ban. Btw I have a bachelor’s degree from Cardiff Metropolitan University which is not attested in UAE.
Fedya,
Open ended means ‘UNLIMITED’
Yes, sounds so. You may terminate contract after a year.
I am not able to comment on what is mentioned in other sites.
You will need minimum of 12K salary to avoid ban.
Read: http://emiratesdiary.com/uae-tips/types-bans-uae
Dear Deepak.
I am on unlimited contact and i completed 9 months. i am graduate with attested certificates from Embasy of uae. can i transfer my visa or if i cancel my visa is there any ban. please advise me waiting for your prompt reply.
Ahmed,
There is no relation between attestation and labour ban.
Hi Deepak,
I worked for 16 months in a company in Jlt which under DMCC. They terminated my contract which is limited (3 years with starting and ending date). As per the contract they have to pay me 21 days end of service + remaining leave + the days I worked in that month . I want to know if I am entitled to 3 months compensation + 21 days + leave + the days I worked + public holiday I worked + return ticket.
Thank you
Mohamed,
Depends on company really.
Dear Deepak! I am in a veryvery grave situation to decide. Please help me with your valuable advice.
I am chemical engineer.
I have finished 2 year unlimited labor contract with my company as plant operator .
Now this is my 2nd contract but limited in same company as a quality controller.
I have offer from government as plant operator, salary is below 5000.
Can I switch with out getting ban.. Please advise me I have limited time to decide.. Thanks
Sufyan,
If you shift to government organisation, there will be no labour ban applicable.
7485/+–Hi, I want to ask about my situation now. Im working in my previous company for two years and 5 months after the 5 months of renewal I found a Job in Free zone and I rendered only 20 days notice of my resignation and I’m in limited contract. My question is I am not entitled to have my gratuity with in two years and they can give 45 days salary that I need to pay?
Thank you
Lessej,
Yes. Depends on what you have signed in contract.
Hi. I was working for the past two and half monthbhere. But the company didn’t gave me any salary. So I went to Ministry of labour. Today my contract has been cancelled and one month salary and my return flight ticket has been cancelled as I told them I want a immediate cancellation bcoz I got another job in Qatar. If my employer takes time to cancel visa and return my passport can I complaint in police? if my employer tries to purposely takes time whom can I contact?
Ranjith,
Better to approach MOL in this regard.
i have jointed limited contract company now in two months complied but still no issued offer letters and labour card, am asked those thing to us they said wait will do within next month,and the same in salary giving too delay in 45days once, how will move in this situation to another job ? if supposed am staying in this concern in six month .will have to switch other job. any ban will come to me ,now is it right time job searching. give a good solution to me.
thanking you
Sulaiman,
it is illegal to work without valid labour approval.
If your labour approval is under process, you will face labour ban.
Read: http://emiratesdiary.com/uae-tips/types-bans-uae
dear Deepak,
good day to you.
i am currently working in DIP in a fmcg with 2 years of legal contract, i had completed my probation period and i m working here for almost 7 months, i have a bachelors degree, the current salary i am taking is 3000 dirhams, i have an offer from another company with salary of 5000 dirhams (non free zone area),
if company grant me the NOC could i face the ban ?????
regards,
Numair Khan
Numair,
I am not sure whether DIP is a free zone. If it is, then you will not face labour ban.
With NOC, Yes you will not face labour ban.
Read: http://emiratesdiary.com/uae-tips/types-bans-uae
sir I am currently working for a company and its been 11 months.I want to try for a new job. Can i join another company before my contract expires
You will receive automatic labour ban.
Dear Sir,
I would like to ask how many days maximum i can overstay in uae with the fine of 25 dhs?
KC,
The moment you are overstaying, your name is in watch list.
I am not sure how long you could stay!
Good day,
I work at a company in dmcc. I finished my first contract for 3 years and continued in the same as the same was automatically renewed. However now the company has terminated me stating general misconduct and has forfeited me from my end of service benefits. I have the following questions…
1. Am I entitled to 3 months pay?
2. Can the company force me to leave the country with the ticket they give me?
Steve,
There has to be proper and documented reason for termination and withholding of benefits as per law.
1. Usually companies do provide termination benefits. It is upto them.
2. Yes, if you are on company sponsorship. But you could return.
hi Deepak
I have been working in a company for 6 years . I have resigned .
the employer is asking me to serve 30 days notice period and also informed me that they will deduct 45 days salary .. as it is company policy . is this allowed legaly … I haven’t signed agreement for this
Abhi,
Notice period is normal.
Have you signed that you will pay 45 days salary upon resignation.
If NOT, it is illegal.
Read: http://emiratesdiary.com/uae-labour-law-2/reader-mailbag-pay-visa-costs-resign
hi Deepak.
i just want to know that i submitted my resignation with a one month notice period..can i request my current employer to cancel my visa before notice period finish..
and how many days does it take to cancel employment visa as my new employer wanted me to join as early as possible..
Ayan,
This will depend on employer whether they are ready to cancel your visa during the notice period.
Cancellation takes one day.
Dear Deepak
I came here in Dubai on employement visa after joining the organization my company send me for medical than remedical. After 22 days I received a call from employer that you have to exit due to old TB scars on chest. My employer call me in emigration office and send me airticket in advance for exit. When i ask them for salary the told me it is in calculation period and we will give u at airport, I ask them if u fail to give me salary at airport what will happen they told we will send you to your home country. I refused to cancelation and ask them to give salary first then I’ll sign the cancelation. They told me if you not sign the cancelation paper we will declared you absconding. And very next working day they declared me absconding on the same day I type a application from labour office but fail to submit due to 200 application cap breach. Next day when I go labour office for the complain of salary issue they told me that your employer declared you abscond. Then I give a application for cancelation of absconding. They give me first hearing date after a 26 days before 3 days of my visa expire. As my visa did not paste due to medical reason and I can stay only for 60 days. Now if my employer did not come on 1st hearing my visa will b expired.
Q1. Is there will b any fine to me on staying in UAE after visa expired as my case will b in labour court ?
Q2. Is there any rule in case of medical unfit employer give salary on airport or send to home country ?
Q3. They declared me abscond in 3 days after sending me e-mail of my last working day updating. While I was in contact of employer through phone and e-mail. I have e-mail where they told me to give my salary at airport. What the chances the I will win my case in labour court ?
Q4. What is the plenty if I will lose my case in lobour court as they declared me abscond while I was in contact of employer only issue was salary?
Pasha,
1. Yes, overstaying fee is 25 dirhams per day.
2. No rule like that. Salary can be paid any time.
3. This is illegal as you were in touch with them and you can show them the proof.
4. I am not sure about the penalty.
Hi Deepak ,
I have been working for a company inside JAFZA for the past 8 months . and have not completed my contract and have now resigned to join a new job within JAFZA,
My current employer informed me that they have a policy to issue a JAFZA ban if contract is broken . Could you please clarify my below queries :
What exactly is a JAFZA ban ? for how long a period ? and is it possible to pay off the ban ?
from whatever I have read online , I understand that shifting jobs within the free zone is not a big deal since the sponsor remains as JAFZA. can you please clarify ?
Aaron,
Yes, if you are shifting within JAFZA without completing contract, there will ban.
hi deepak
i am working in a advertising comany under dmcc. i have limited contract but they terminate me after 17 months because my work is not up to the standard requirement of the company and another reason is, reducing the employee size. and i got 1 warning letter from the company just before the 40 days. i know its all pre-plan. and i asked for the 3 months salary & air ticket. but they are not ready to give because i got warning letter. My question how come warning letter and 3 months salary/ air ticket are related? what can i do now? please help
dear DEPAK ,
my employer failed to pay my salary, and I resign from work before finishing my limited contract, company refused to give me release and try on putting me one year band, and at the labour court my company found guilty ,but I refused to claim my outstanding salary, thinking about the time frame that I have to submit my passport to my new company ,Even after all of that they are keeping some of my property on custody and they took more than three weeks to give my passport back, They are all ways breaking the labour laws and treat there employees really bad,both physical and mental abusing happens at work , I want to take legal action about them …, and also want to claim the money that they owe me , what are my chances ??? thank you
Charles,
Sad to hear that.
The best you could do is file complaint with MOL.
But note it involves costs and time.
I have just accepted offer from a semi government company in ajman free zone. My visa of previous company was cancelled on 19 October 2014 and new visa application was submitted on 26 October 2014. My joining date as per offer letter was 2 Nov 2014. The issue is that I have not got my visa yet. I am continuously trying to know why it is so much delayed but no response form immigration department.
Now I am overstaying in UAE as I could stay only 28 days after cancellation of my visa. May I know the solution of this problem.
Abdul,
sometimes it takes a bit of time due to procedures.
If you are overstaying due to such delays, the company may pay the overstay fines.
If you want to go to your country, your employer not cancelling the Visa, You want to return home before E Visa (Pink Visa) Expires, Visa Not Stamped, Your Employer Harasses you. Then you should follow some Rules which are as Under :-
1. Don’t give your Passport & Visa to Any Body Even Your Best Friend & Your Employer.
2. Don’t loose your Mind & Patients. Take Disprin Pill if you feel scared.
3. Don’t Run Away from where you Live or Resides because Employer cannot Harm you. If they Physically Harm you then you might complaint in Police by Dial ling 901, 999 and lodge a complaint against your employer. But if you Run away where you live your Employer can Lodge a Complaint in Police against you and you will be in the Jail if you Caught without any documents.
4. Don’t go to Labor Court & Ministry of Labor to file a case against your employer. It is very time consuming & money wasting process. Police will also cant do anything in this situation. They tell you to go to Ministry of Labor, Ministry of Labor says to you to go to Labor Court (Tehsil). They only needs Slaves in UAE.
5. Go to your Embassy mine is in Burjuman, Dubai and meet the Labour Officer of your Country they will settle down your matter.
6. Kindly Travel in Buses & Metro not in Taxis Because Taxis are very Expensive. Save Money.
7. If all expenses paid by your employer then they will settle in 2,000 Dirhams to cancel your visa but Air Ticket is Yours.It Cost Near 900 Dirhams. Mine will be arranged by my Embassy.
8. A 6 Month Ban will be imposes automatically on you to Re-enter UAE.
Follow these rules I return my country within 3 Weeks because I have my Passport & Visa. I did not pay ant money for Cancellation because i already pay 6000 Dirhams to my Company. Dont Scared God will Help you.
Dear Deepak,
I finished my two years contract and my manager request me to work 15 days more to handover. After I send the goodbye note. My PRO saying that he cancelled my visa 3 days before my expire date. I mentioned in my later after completing my 2 years i am not renewing my visa. Am i in band now. I have all the documentation and request email. Please help me on this.
Looking forward to hearing from you very soon.
Hello Deepak
Can you kindly response my email please
Gnie,
I seldom respond to emails. It’s better to comment here.
Gnie,
If you have completed your contract, there will be no ban.
Dear Deepak,
Can you reply me in Hindi please…..?
My English is also not too good…..that’s why.
Jay,
No sir. You can try English.
My name is shahulhameed from Dubai, worked in semi Government or government (IDAMA facilitymanagement/Dubai properties group) Company as a facility coordinator/staff category from 06th, march/2014 to 27th, October/2014 (around 8 months) after that unexpectedly… the management terminated me due to poor performance as per company policy. (my probation period was completed at 05th,Sep/2014) after that… when the final settlement, the HR included my last month salary (actually I worked for that) & my vacation salary for 15.41 days only & there was no any termination benefits & any benefits in my final settlement calculation. hence I refused to sign/accept that settlement…. now could you please help me that what is my benefits after termination & what should i do legally to get my rights…. kindly help me in this issue…… Thanks…. Shahul. 0529102294
Shahul,
You may request the company for the benefits. But since you have worked for less than a year, I don’t think you will be eligible.
Just request your company by explaining your situation.
Dear Deepak,
Really thank you so much for your response & in my settlement there is no notice period salary too, could i demand atleast my notice period salary as per UAE/Dubai law? Kindly answer.
Thanks,
Shahul.
Shahul,
Notice period salary has to be given as part of final settlement.
Hi Deepak,
I had misunderstanding with my employer with regards to the position title based on my offer letter compared to the visa. I ended up filing a complaint in MOL based solely upon that idea. And now, after talking with my employer and after we had an agreement, I wanted to cancel my complaint now. Can you help me how to do the cancellation to the MOL? Our appointment to meet is on 25th Nov.
Thanks.
Monica
Monica,
I am not sure how I will help you in this!!
if my previous employer doesn’t cancel the labor card then what should I do when I want to join different companies???? I am on husband visa. I left the job without serving notice period due to an emergency in my family. Now I came to know they didn’t cancel my labor card. But I want to start again.
Need your advise coz my labour card is expring on 29th december 2014 and my visa is expiring on 15th february 2015. my question is which should i count to be my end of contract with company, and when is the convinient time to resign cos i have a better offer
2. will i get a labour ban should i resign by december since my contract is limited?
3. My company is closing down the brand i am working in here in Alain, but they might transfer us to another brand in Dubai. i dont want to renew with them since the offer i had signed was based on Alain leaving standard. so pls advise me i will get a ban on this scenerio since a got a better offer elswhere.
Thanks.
Need your advise coz my labour card is expring on 29th december 2014 and my visa is expiring on 15th february 2015. my question is which should i count to be my end of contract with company, and when is the convinient time to resign cos i have a better offer
2. will i get a labour ban should i resign by december since my contract is unlimited?
3. My company is closing down the brand i am working in here in Alain, but they might transfer us to another brand in Dubai. i dont want to renew with them since the offer i had signed was based on Alain leaving standard. so pls advise me i will get a ban on this scenerio since a got a better offer elswhere.
Thanks.
Ripher,
1. Labour card provides you right to work. Hence, labour card should be renewed.
2 Let your HR know that you have no intention to renew the contract since it is limited contract.
3. If you complete your limited contract, you will have no ban.
Hi Deepak,
I am working on unlimted contract. I completed 2 years and got my visa renewed couple of weeks back. Can I leave the job by giving 30 days notice? As it was renewed recently, will there be any issue
Mohammed,
I don’t think you will have ban as you have completed unlimited contract.
Ask your HR for more clarity.
Hi Mr Deepak,
I’ve got few queries as my labour card expired on 16th Oct and my visa is getting expired on 10th Nov i had given an non renewal letter on 27th Oct and it was signed by my department manager saying he has no objection in my request.
But now my HR associates are saying that i would be getting one year ban if i proceed with my application as i gave my non renewal letter after my work permit got expired and now they are asking me to continue working with them to avoid the ban.
My question, is it true? Or they cooking up stories to make me stay back in the comany?
What should i do to avoid if the ban scenario is true? if its not then should i proceed to MOL?
Your kind advice will be much appreciated.
Thank you.
Regil,
I don’t think!
If your limited contract expired and you have not renewed, how will you even receive a one year ban??
One year ban is imposed if you break limited contract.
Read: http://emiratesdiary.com/uae-tips/types-bans-uae
Hi Deepak,
My labour contract with the company is expiring on 13th March, 2015 and I wish to travel outside UAE in Jan and shall be returning the last week of January. May you please advise if there will be any hassle of me going out of the country and coming back subsequently and if I am required to renew my contract before I leave ?
Thank You.
Shakeeb,
I don’t think so
So I could renew my contract as well after I get back, right ?
Shakeeb,
Yes.
Hey deepak..I have worked in dubai foe one year five months after my employer decided to give me a vacation.they later called me saying that they have cancelled my visa .what should I do?can I find another job or am I banned
Daxicia,
Is there any particular reason for cancellation?
Request an NOC from company. If you have NOC, there will be no ban.
Dear Sir,
I want to resign my current employer i send email for salary increment for Our General manager after 6 months he replied straight forward if your salary not enough pay visa charges and submit resignation letter I will cancel your visa i am working as an general accountant for 2 years unlimited contract Please help me whats the procedure Need to pay visa charges or not or i not pay so company can put 6 months ban on me or no waiting your response ASAP.
Taha,
If you have signed contract that mentions you need to pay visa charges, then you have to reimburse.
Employers can not recover visa charges or other expenses from employees.
Mr. Deepak,
I am under limited 2yrs. contract i completed my one year as of now. My question is if i resign from the company do i need to pay them? Or is there any fee i need to pay?
Thank you for your kind help!
Seb,
If it is mentioned in your contract, yes you will need to pay.
Otherwise, no.
Hi Deepak,
I am working for a dubai company as a site engineer under unlimited contract. I have completed 1year and 4 months.
I would like to resign now and as per my employment contract my notice period mentioned is only 1 month. But my manager is demanding me to serve a notice of 3 months which i don’t want to ? Can you please advise..what should be my next step, So that I leave in a month?
Suhail,
The manager can not force. However, he may request but it is upto you to comply to his request.
Thanks for your kind response.
hi deepak,
i want to ask about my cancellation.. i was finished of 2yrs. of contract.. my working visa was expired last sept.17, but my employer cancelled my working visa on aug.31.. do i have any ban from the labor?? it’s my employers fault
Cel,
If you have not completed your contract, you will have automatic ban.
I can’t comment on cancellations.
Hi Deepak,
My contarct is unlimited and i am working for a 3 years. Now I got a job offer and I already signed also. Last month 30th i resigned and this month 29th i will be completing 30 days notice period but still they are not arranging reliver neither labour cancellation for me. My new employer called me from 30th. In this case what can i do pls advice
Thanks
Niraj
Nirj,
Try to speak with your company.
If they do not cancel, contact MOL.
Thank you for your response.
One of my friend also need help from your side.because her contract was 2 years and she already finish her contract..but she want to find new employer she dont want to go back to our country.how much her employer need to pay for her.please help us..thank you.
Neeria,
Your query lacks information and I can’t understand it.
Hi Deepak!
I have a limited 2 yr contract, I’m working in a hotel as an agent but my visa is archives clerk. I want to find another job, might be the same or different one after completing the 2 yr span. Is it possible that my current employer can still place a ban? I meant even after I completed the job period? Also, am I free to change job or to look for other opportunities?
Hoping for your response. Thanks
Princess,
I already replied to you.
hi , iam working under an unlimited contract since 9 months , i resigned last week .my employer told me that i can leave without notice period, i found a better offer with a better salary ,a ban is applicable or no ? please i need help.thanks
Samy,
Depending on your salary and designation, you will have automatic labour ban for 6 months.
To counter this, better get an NOC from your employer.
I suggest you read: http://emiratesdiary.com/uae-tips/types-bans-uae
Hi Deepak,
I have joined a company 10 days ago. They are asking me to sign labor law contract. I will have 6 months probationary period. I would like to get clarification on few questions before sighing the contract.
1) What if i resign with in 6 months? Should i pay anything to the company?
2) what if i resign after 6 months. How much should i pay to the company.
3) HR said i will have a notice period of 1 month. Is it valid even if resigned before 6 months?
4) If the company is terminating, Should the employee still have to pay any money?
Funi,
1. If it is written in your contract that you have to reimburse the company, then you have to.
2. refer to point 1 reply.
3. Under probation, the notice period is 1 day as per UAE labour law. (http://emiratesdiary.com/uae-labour-law-2/uae-labour-law-2014-download-pdf-copy)
4. Depends on company policy.
Hi Mr deepak.kindly please let me know how much my employer need to pay after she cancell my visa my contract was 2 yes but not yet finish my employer wants to cancell my visa reason she need to close the company to change new establishment.pls help me.ty
Aireen,
The company should pay you end of service benefit as per UAE labour law.
Termination benefit as per company law, one way return airticket in case of termination.
Dear Deepak.
I am working with same company from past 6 years with limited contract. In case i just want to join the new company whether employer is able to put ban on me. (like 6months or 1 year). If so if there is any official way out to life the ban. Further, whether i able to get all the entitlements. Pls advise.
Pratham,
I think you will not have a ban if you complete your limited contract.
There is nothing called ‘lifting a ban’
Can I have the right to obtain an experience certificate after I have spent my work period with my employer?
Robert,
You may request it with your employer.
sir,im 2yrs limited contract her in dubai i’m 1 yr this coming oct.24,e2014 , my profession in dubai labor law is archieveead elts clerk but my work now is head electronics my questuon is is this a ground to terminate my contract. pls help me sir.thanks
Cesar,
NO.
hi Mr. Deepak i submitted my non renewal letter last month sep 20, 2014 my labor card is expired sep 19,2014 in my letter i inform to my company that i will no longer to renew my visa my visa also will be expired on november 11,2014. i got a job and my new company they required me to join immediately. im planning to go on october 20 as per i submitted my letter last month. my question is can i join my new company while im waiting my cancellation? but my company they want me to stay even thry know i submitted my letter. can you help me and advise…
thanks..
Mary,
You can sign joining letter but you can not work anywhere unless you have a labour approval or without visa.
Why does your company want you to stay?
they offer e to increase my salary but I don’t want to continue because too much difficulties for me to work them, im the only lady working in my company, can I join my new company while im waiting my cancellation?
Mary,
Employers can not force anyone to stick with them.
You can not work for any company unless you have the labour card approved by MOL.
Dear Deepak,
may i know if after completion of 3year limited contract employee is entitled to receive any gratuity after completion of the contract?how much is the gratuity if date of joining is August 16, 2012 and contract will end on August 16, 2015? In the 3rd year , the employee will still receive the 3rd year annual leave salary if the 1st and 2nd annual leave salary was already receive by the emlpoyee already? ticket in returning to his home country will still be shoulder by the employer after 3yr limited contract?
Hoping for your immediate response.
Yzha,
Please submit your details here: http://emiratesdiary.com/gratuity-calculator
Hi,
I am Working in UAE – DUBAI based Visa , Limited Contract.
Start on 17.10.12
Visa End on 16.10.14.
Today is 13.10.14.
I Would like to complete the contract then i need to go back India immediately and not willing to extend the contract.
I informed my management on 01.10.14. by e-mail as i m not interest to continue the service.
Then my Management now is telling that u have to work upto another 1 month period(i.e. 15.11.14) after completion of visa.
But i requested them to release at least by 20.10.14.they are not serious about and not caring about it.
Question 1: Is there no cancellation process needed for exit(my HR told not reqd.)?
Question 2 : Is it necessary/Mandatory to stay back till 15.11.14 as my HR told?
Question 3 : Is am i eligible to continue in work after my visa expires?
Question 4 : Can you Suggest me to go for legal move/Labour office Complaint.?
if yes, What should i do further.?
Any way i need to move by 20.10.14..
Please help me….
Already answered.
Hi,
I am Working in UAE – DUBAI based Visa , Limited Contract.
Start on 17.10.12
Visa End on 16.10.13.
Today is 13.10.13.
I Would like to complete the contract then i need to go back India immediately and not willing to extend the contract.
I informed my management on 01.10.14. by e-mail as i m not interest to continue the service.
Then my Management now is telling that u have to work upto another 1 month period(i.e. 15.11.14) after completion of visa.
But i requested them to release at least by 20.10.14.they are not serious about and not caring about it.
Question 1: Is there no cancellation process needed for exit(my HR told not reqd.)?
Question 2 : Is it necessary/Mandatory to stay back till 15.11.14 as my HR told?
Question 3 : Is am i eligible to continue in work after my visa expires?
Question 4 : Can you Suggest me to go for legal move/Labour office Complaint.?
if yes, What should i do further.?
Any way i need to move by 20.10.14..
Please help me….
Sathiya,
1. Cancellation process is simple. Labour card and Visa is to be cancelled at the respective authorities.
2. Your visa should be cancelled after your notice period and not during your notice period.
3. NO. You may not work after visa cancellation.
4. Yes, you are eligible to approach MOL.
Thank you DM
Dear Sir,
One my friend working in the same company 17 years last 5 months ago he given resignation company not accept company given 4 months vacation he went meantime he come Dubai he stay with his brother mentally he don’t want join same come he stay 1 more with without company knowledge . yesterday he went his company they told him u go to labour dept. we given report he abscond he will get any problem, kindly reply sir.
Saraswathy,
Companies can not reject resignations.
Yes, if they have filed absconding case, there will issues.
Hi Deepak …..i am working in fast food company and i have a contract for 2 years .. as per my contract i can get 1 month leave after 1 year finished ..now i finished 13 month ..and when i asked to go for leave the management told me i can not go because they have shortage of staff..
what should i do to get my leave …
Shanks
sanjay
Sanjay,
Your employer has the right to request to continue work.
What should you do? Request your employer.
I am currently working in for more than 5 years Jafza and my visa is on the process of renewal at the moment. I just want to know if I ever I resign after two months will I still be able to get my gradtuity and other benefits and will I be given the benefits for this 21 days for every first 5 years of service. Lastly will my employer charge a penalty for I am not able to finish my contract as I will resign after they renewed my contract.
Allet,
Yes, you are entitled to gratuity after 1 year of service.
Employer should not ask for any fees or charge any penalty.
hi sir my name is malith and i had unlimited contract with g4s security company. i have worked their one and half year
(16month)i resined legali from my company now iam in my country.THERE HAS ANY SIX MONTH BAN FOR ME OR SHOUD I WAIT SIX MONTH IF I WANT TO COME AGAIN UAE?????
Malith,
I have already replied to your query previously. Please check.
Hi,
Am working with a private company under limited contract in managerial position with salary AED 7000/ I joined with them in March 2014. Now I have an offer for more than AED 10,000/ . So, if I leave my present employer, will I get ban? if so, can I uplift that?
Thanks..
Anu,
You will receive automatic labour ban for 6 months. To avoid ban read: http://emiratesdiary.com/jobs-in-uae-2/how-to-avoid-6-months-labour-ban-in-dubai-uae
There is nothing called lifting a ban.
Dear Sir,
My Contract is limited and salary below 5000 i want to resign before completion of my contract and dont want to give any notice period is it possible, ALSO I CANT PAY ANY FEES TO THE COMPANY, CAN I YET LEAVE WITHOUT A BAN, PLEASE ADVICE
Ajaz,
You may get an automatic labour ban considering not completing the contract
Hi Deepak,
My contarc is unlimited and i am working for a 1 year and 2 months. Last week my employer told me to that he will reduce salary , for which i didnt agreed..So that evening he called me and told to sign labour cancellation, And he said me to arrange the ticket and no benifits are given. So my concern is there any labour ban on me and What i have to do for this situation(in order to get benifits).. If there is ban ,is there any way to lift ..
Thanks
Antony
Antony,
company cannot reduce the salary of a person. in this case you can address this issue to MOL.
Hi Deepak,
My contract is limited started from Feb 2014 and terminated by the employer with one month notice period in 6 months. what’s the procedure of canellation and benifit’s i can get. Pls advice
If you are completed your probation company should pay you 3 months salary. However it depends on the contract terms and condition which you have signed for
IIf you have finish your 2 years and 1 month ls a security company need to give u your ticket..Are they going to give u money to book it yourself and they give u physical cash…
Mine is limited period contract and leaving the job in just 10 months of joining. I will serve one month notice period d per the contract.
My question is how the end of service benefits calculated? Is there any dues need to be paid to the employer for breaking the contract?
normally limited contract company may deduct 45 days salary compensation
I worked in a company for 2 months,, employer told me to clear the stock of the company.. when i finished my work i started to know the stock of the company.. Employer told me to continue the work as an accountant. But after 2 month old accountant came and my employer told me to get other job .. Salesman told the bad complaint against me,, i was working in billing, loading, and all work sincerly.. When the salesman told against me as bad to the employer.. employer told me to search another option ,then the employer told me to change the sales..by mistakely i started to search another job..one day i informed employer i am going to search another job, after 2 days i went to company,. but the employer told me to cancel my visa.. i requested to continue the work,, i said i am sorry to come 3 days,, but the employer said me,, u don’t need to come here and want to be cancel the visa.. i don’t have the money to retain to home.. any solution
Dear Sir,
I have completed the limited contract of 2 years with my employer in abudhabi and i have renewed my contract as limited which was renewed on April 2014.Now i got one job in dubai. i have to pay any compensation to the company or notice period if so how many days i have to pay if i terminate the limited contract condition that i have already completed one limited contract with the employer.will i get any ban for 6 months(Engineer).
Hellow sir I am Joseph,
Working with a third party company as a sales executive and i am in 6 month probation (ends this month last),yesterday suddenly company terminate me without any warning letter as well as termination letter,they terminated me by word i have asked them atleast for a written letter but they refuced i got terminated in 18/08/2014,is it possible to ask a termination letter..?am i eligible for my this month salary..?i have allready worked for 18 days,please give me your valuable advice
Thankyou
Regards
Joseph
they should provide the letter of termination. pls ask for it
I already received the letter of termination mentioning the cause and as an immediate one.
now they are insisting me to sign on the EOS which shows my gratuity as 14 days per year and also without any compensation in lieu of notice.
My contract shows accommodation allowance+basic+other allowance as the total salary,but accommodation allowance was excluded in the annual leave pay calculation.
my visa was issued from Alain, Please guide me.
If it is a termination you should entitled for 21 days gratuity with notice period salary. Leave encashment will be on only basic not on gross salary
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.
Hi Deepak,
Please guide me, i post details below of limited contract is it applicable in me?
The company terminate me under limited contract i start March 2014 and i recieve termination leter this month August 2014 but until now i work because they give me notice period until october 2014.
In that case from the starting date up to october is 6 months plus. do i entitled to get 3 months salary because they terminate me ? and i signed the offer letter of 3 months probationary period from the company.
thanks and please guide me.
Hi Sir,
this is sachin here, i have been working with a retail company in abudhabi since the last 4 years on an unlimited contract .the company has terminated my contract recently for misusing the company internet facility ( chating,browsing) without any prior notice or warning.
am i entitled to get compensation in lieu of notice?
on what basis will i get the gratuity?
My friend has a limited contract.Due to family issues back home he has decided to resign from the company.His company visa is due to renew after 1 year.
He has worked at the same company for the past 5 years.
What are now his entitlements and can he get the return air ticket.
He is due to leave the job after the 1 month notice periods ends 6th August.
Hai Deepak,
My name is Sankar. I am completing my 2 years Limited Contract, this 12 th August. Iam not Planning to renew that with my current employer. I got an offer from another employer.Is it required to serve 30 days noticeif I am not intimating my current employer about non renewal of my contract. Please help
Yes you need to inform your employer well in advance about your not renewal
I have worked in a firm in Dubai for three months. I came back to INDIA on emergency leave after proper intimation to employer. After my departure from Dubai, my employer restricted my entry in company’s accommodation and threatening me to file absconding case against me. I have all the correspondence made to my employer regarding my leave application. After that I made several mails to my employer to rejoin my duty but there is negative response from them. I have submitted my resignation to my employer via email.
How I can cancel my visa and labor card?
Can my employer file absconding case against me?
All my luggage and other documents are still in my room at Dubai.
My one month salary is also due.
Hi im under limited contract just 2 weeks in the company. Currently holding employment visa. Just resigned but employer is asking 45 days salary. No visa stamp on my passport yet. Done with medical and signed labor contract that is not submitted to MOL yet. Am i still required to pay the 45 days salary?
I understand that for the process of visa cancellation, the labour card has to be cancelled first.However, I have to travel outside the country in between the process of labour card cancellation and visa cancellation.Will there be any restriction for my travel in and out of the country?
Hi my name is Arvind I have been working with a co from past 21mnths my problem is that my visa is of Sharjah n m working in jebel ail from beginning now my sharjah outlet is closing so my so my hr called me to transfer my visa from sharjah to dubai n took my signature but instead of transfer he cancelled my visa n want me to sign in a new visa for more 2years will I b banned n y when its not my fault I don’t want to work with the co any more n I was suppose to putdown my papers on July 30 a prior notice of 3 months b4 my contract gets over but this has happen plzgive some suggestion n If possible mail me the suggestions on my email
Yes considering the new visa you may get a ban
my self daxesh from last eleven years i worked in trinity engineering l.l.lc dubai i got offer latter from etisalat government job and trinity cancel my visa and etisalat give me employment visa validly for two months 19 march issue date 17 may expire date but because of my health i came India on 3-4-2014 so now my entry permit expire so etisalt no response me but other company try for visa but visa reject so how to conform that i have Ben or if i wont to remove my Ben what can i do
Daxesh
The company has to cancel your entry permit visa then only other company can issue the visa for you
Hi Mr. Deepak,
I am currently employed in DMCC Freezone last May 11 2014. I want to leave the company for personal reasons. Just have my employment visa. Had my medical last June 19 I also signed a contract rush inside the PRO’s car but until now no residence visa stamp yet. Can I resigns now? Will I get a ban? Thank you
yes you may get a ban
Good day. I would like to seek for an advice regarding my
current situation with the company now. Technically
I’m already confirmed but in the labour contract the joining
date is February 11, 2014 because there had been delays in
processing our visa. Now, the company want us to sign an
addendum/ammendment that our salary will be trimmed to 2500
from 3500. They were saying that the company has incurred a
loss on expenses. Is it possible for the company to decrease
employees’ salary? Because they were telling us if we do not
sign then they will terminate our contract. If that’s the case
then we will have automatic labour ban, so how can we apply for a new job?
company cannot reduce the salary of an employee without proper documentation. you can address this issue to MOL
Hi deepak, I have one doubt. on May 15th i resigned from my company, which is inside JAFZA. I joined there on Oct 2012 and its 2 year limited contract. Now i completed 1 month notice period also, During last 20 months i didn’t used company airfare to travel to my home country. Now in my final settlement they said , I have to pay 45days salary to company because of non completion of my Contract(as per JAFZA RULE). and i wont get air fare also.
please let me know whether this is right or not.
since you have not complete the contract terms company has the right to not to provide you the air fare.
You may have to pay the 45 days compensation for not completing the contract period
But if you finish your 2 years and the contract is unlimited ..ls the company going to give u your air ticket ..ls it cash or they will book it themselves…..
Hi deepak,
I have one doubt. on May 15th i resigned from my company, which is inside JAFZA. I joined there on Oct 2012 and its 2 year limited contract. Now i completed 1 month notice period also, During last 20 months i didn’t used company airfare to travel to my home country. Now in my final settlement they said , I have to pay 45days salary to company because of non completion of my Contract(as per JAFZA RULE). and i wont get air fare also.
please let me know whether this is right or not.
Hi. My contract is limited contract for two years and in the contract it is mentioned that I cannot work for the company’s clients or competitors. But the company terminated my contract after 10 months due to some logistic reasons and they pay my end of service remuneration. Can I work for the company’s client or competitors? Can they ban me? Even if am not the one who terminated and left the work?
thanks
My salary is 500 and i have done a graduation i am in a probitional period. And i have a offer of 4000. Ban is apply on 500 salary ??
Hi Mr. Deepak. My visa under DMCC is currently on process for cancellation. I understand that I only have a month to provide a new employment visa else I will need to exit UAE. In case that I need to exit, do I have to return to my country of origin or I could just exit to, let’s say, Iran or Oman? FYI, I came here on visit visa. Thank you for the assistance sir.
if it is a tourist visa you wll have to exit to your home country
hi deepak,
i have this situation. now i am woking in a restaurant under a limited contract of labor (2 years contract,expired on march 16th 2015). unfortunetely, this company have some financial issues and they are going to shut down the restaurant. so they asked all the employees to find another job within 1 month. my question is, i already got a new job but its under the labor aswell, will i have a problem with that? will i get a ban or do i have to go for exit?
thanks so much for your answer.
regards
noe
i dont think you will get any ban in this case.
good mornnig mr deepak,i am working on limited contract but they terminate me on the 6 month,what benefits can i get?and if i want to go back to my hime country do the employee must pay my air ticket?thank you
Hi Mr.Deepak I am doing job in security company joined 19.01.2013 l am having master degree and teaching experience my contract is unlimited is there any chance to change my company? If there is chance then how I can change company and save myself from ban?still I have not copmleted my 2 years. Thanks I will be waiting for reply.
Dear Mr.Deepak,
I AM WORKING IN A AJMAN BASED PRIVATE FIRM AS AS ENGINEER.MY CONTRACT IS A 2 YEAR LIMITED CONTRACT. MY CONTRACT IS GOING TO EXPIRE ON 28TH MAY 2014.MY COMPANY PROMISED ME THE SALARY INCREMENT BEFORE 2 MONTHS. BUT NOW THEY ARE NOT INCREASING THE SALARY.
1) IF COMPANY RENEWED THE CONTRACT AND VISA CAN I LEAVE THE COMPANY AFTER 2 MONTHS? IN THAT CASE IS THERE ANY BAN AFFECTED?
2. AM I ELIGIBLE FOR ANY KIND SETTLEMENT FROM THE COMPANY?
3.SHOULD I GIVE ANY NOTICE PERIOD OR ANY COMPENSATION TO COMPANY?
4. CAN I JOIN WITH OTHER COMPANY WHO IS DOING SAME KIND OF BUSINESS?
Hello Deepak
I am working in LLC company based in Dubai daira city center.
I signa a contract with my owner on company letter head If I cant fulfill my employer requirements within 6 months than I pay him visa cost. He give me sales executive visa. I am masters degree holder my degree is verified from UAE embassy. My basic salary is 1500 Aed and total is 3000 aed. I am on six months probation period one more thing mention on company letter head contract If I leave job before 3years than I pay him visa cost as well. If I got a job in dubai freezone can he ban me or not and If I got a job in non freezone area than he can ban me or not some my friends told me you cant left job before six months please guide me I am very worried.
if you get a labour ban you can join freezone but not outside freezone
Hey sir! I’m working under private and useless company which is Laundry the coulnt can’t provide minimum 1day off and some other effect now I got 2 New offer from big Hotels whinch under Government and other one is under Freezone and I’m working for 7month if I resign and give them 1month Notice . If My Notice is complete can I go and start new work in each of does company hope No ban or any problem coz have payed my visa Expenses finish.pls I need reply Urgent
if you get a offer from govt and freezone company you can join them without any problem. Make sure you dont have an immigration ban.
My employer has not given me a copy of my contract, I have completed two years work with this person and he is not giving me a leave. I want to resign but he is saying that he will not release me. what should I do.
Better to address this issue to Mol
hi.. sir im working as a domestic helper for 6 years I want to know if I will not renew my contract I have a ban?
The decision will be taking by the authorities from MOL
Hi Deepak, last March 17, 2014 – when my boss decided to stop operating our company for some reasons happened in Russia, business was in bad shape and they can’t no longer continue. I’m on a husband sponsorship so they’d provided me a DMCC labor card. Since i was out of a job, i’d decided to look for one. And luckily, i did found a job after a week in a private company. Now, my present boss asked me if my previous company did a cancellation of my labor card and i told them, i didnt even resigned/they didnt even fire me, it was just that the company just decided to stop operating and they’ll continue it after 2 months. My present boss told me that i should pass a formal resignation letter and so i did, but i didn’t get any reply from my previous boss, i also been trying to reach them but it was very impossible for me because they’d basically ignored my calls as well as my sms. I already told that to my present boss but they told me that they couldnt get me a labor card if my previous boss wouldnt cancel me. Now my question is, since my labor card was under freezone before that does affect if i work in a private company? If my previous boss dont do anything to cancel me, do I still can apply for a labor card in Dubai Ministry Of Labor, since Im working now in a private company. Please I need these two impt. Questions to be answered. Thank u so much.
Since you were working for freezone i dont think you will have any problem to get into private company. Just check with the immigration
Hi Deepak,
Im working in a private company but I want to quit as I’m nt able to continue my studies because of the job timing and schedule. I just want to know that even if I get a 6months ban and if the university provide me student visa; possible I can continue my studies in here ?
I think yes you can continue your studies on student visa
Hi,Just a quick question..I was called to UAE on employment visa,and i worked for 30 days..now the employer has terminated my contract stating vague reasons..my residence visa is also not yet stamped..if the company does not settle my dues for one month can I complain..if yes, then to whom and what would the procedure be?
I would appreciate your earliest reply.
Hello i just wanna ask. I was given an employment visa by our company and i havent signed any contract yet. And also i havent started to work yet. I wanted to find another job. What will happen to me? Do i get a ban? How many months? And do i need to pay the visa provided by my company? Pls. Answer thank you
I dont think you will have any ban. But employer may ask you to pay the visa cost.
I got terminated from my job under a freezone company. Do I need to work until the 30days notice period is over? Thanksp
I got terminated from my job under a freezone company. Do I need to work until the 30days notice period is over?
It is based on the termination letter whether it is immediate or notice as per your contact agreement.
Dear Mr. Depak
i am currently working with the private company under limited contract for Since 15.01.2009 – til now (my contract dated 15.01.2009 to 14.01,2012 ), now i wanted to terminate my service. Now my question is:
do i need to give any legal notice to my employer?
does my employer have a right to give a labor ban ?
how much graduity could i get?
is, my employer will provide a free ticket going home?
waiting for your reply,
thank you so much
My company terminated me without any verbal warning or any written . As per the company the termination is with benifits ,I have already finished 3 yrs contract and my 2nd contract is for 2 yrs and I have hardly completed 6 months ,do the company pay me for the entire contract
Thanks
How can the company terminate without giving written notice. How did you come to know that you have been terminated? company should pay the gratuity from the date of joining. Are you under probation?
Hi Dear,
i have been terminated and requested to sing cancellation paper, and i have signed without receiving graduatity. is there any problem in getting it, if so what will should i do in order to get me due’s.
There is no problem. You should get it.
Hi Deepak,
I just need to know I joined recently to my company. and I am having 6 months probation. But the company needs to terminate me. So may I know is there any Ban will apply on me ?
As well If I resign from the Job the Company can put a ban on me within this probation period.
Thanks
Hello Sir,
I am waiting for the Response from you
If company terminates you then company might give you a release so it is better to be terminated than to give resignation: http://emiratesdiary.com/jobs-in-uae-2/termination-of-labour-contract-in-uae-faq
if there is a cause regarding with the termination? is there a ban?
thank you sir…
depends on the decision from the MOL
Hi Deepak
During this month of Ramadan my employer wants me to work for 8 hours, his reason is I am not a Muslim. Is it allowed to work more than 8 hours during Ramadan, and if not, where should I complain my Employer?
Hello,Sir.I am just terminated from my company.I just want to know can I enter UAE again and apply another job.I have heard about the news that if I am being terminated form the current company I need to wait at least six months period.It is really?Can I check it online myself?Pls reply me.Sir.
Regard,
ytytaung.
You cannot check online whether you have a ban or not. You can ask your PRO to check your ban status
If you have a six months ban You can enter UAE on visit visa but not employment visa
hi deepak.. im sam again.. im in a unlimited contract.. i work for them for 8 months .. if i look for a job in a freezone company.. do i still get ban? if i did not finish my 2 years contract.. even i look for a freezone? thanks
hi sam, Yes you can look for a job in freezone.
Hi Deepak, I’m under Unlimited contract, working for more than 6 yrs in the company, I just got terminated from my company due to minor offence that I’m not able to perform well on my work and had more than absences within this year, however, the termination letter that I signed states nothing regarding the article 120 of UAE law but qoutes that “The final settlement will be calculated as per the UAE law” and the reason for the termination of my serive was not specified. My question is, will there still be any possibility that my gratuity will be forfieted on that manner? I’m so worried that I’m now depending on my gratuity so bad and so afraid that it will only be forfeited considering I gave my loyalty to them for more than 6 years. Please advise me Sir. I already called the MOL many times and still confused with their answers since others told me it won’t because I’ve worked for 6 years while others said it will be forfeited but only if the artilcle clearly mentioned in the termination letter. I appreciate your advise sir. Thanks.
Hi Frank, I dont think company will forfeit your gratuity. As they have already mentioned to you regarding the final settlement that they will calculate as per UAE Labour Law be positive.
hi .. i work in a coffeeshop here in dubai. unlimited contract for 2 years. the company is now good because of our new operation manager he is pressuring all the staff. i already for for them for 8 months.. i want to find a new job,, do i get a ban if i look for a new job without compliting a my contract and i only work for 8 months? thanks
Hi Sam, guess you will have automatic ban:http://emiratesdiary.com/jobs-in-uae-2/how-to-avoid-6-months-labour-ban-in-dubai-uae
sir, i am currently working with the private company under limited contract for 5.5 years (3 years + 3 years), now i wanted to terminate my service. Now my question is:
do i need to pay 45 days to my employer?
does my employer have a right to give a labor ban (1year)?
how much graduity could i get?
is, my employer will provide a free ticket going home?
waiting for your reply,
thank you so much
Hi Jason, In the limited contract to get end of service benefits you need to complete the contract period
Dear Mr. Depak
i am currently working with the private company under limited contract for 3 years from 15.01,2009 to Till date, now i wanted to terminate my service.
Now my question is:
do i need give a legal notice to my employer?
does my employer have a right to give a labor ban (1year)?
how much graduity could i get?
is, my employer will provide a free ticket going home?
waiting for your reply,
Do you have any other contract from 15.01.2012?
How can you work till now without having a contract?
my company is in bad condition, we can even get sick.i really need to get another job in good condition, but fear i’ve just started working if they close it i may fail to work in dubai
Hi Lucas, sorry to hear about your situation. Keep on searching for job that is only a solution.
I am employed in a private company, my joining date on the contract was 2 days ago and I signed the contract yesterday. However just today, there is a bigger company (private) hiring me with a better position and salary package. I came here in Dubai on tourist visa and my current company arranged for my employment visa.
What could be the best action for me? I hope you could help. Many thanks.
Hi MIL,If your employment visa is not yet processed you can leave the job at any time considering you are on probation period.
Thanks for the reply Sir.
But can i still work in the company till june 28 if ever my employer asked me to extend till such date? and then i will be granted one month grace period after my residence visa is cancelled?
Hi Mauren, after the cancellation you will always have 30 days grace period. Once the visa cancelled you cannot work for that company.
my labour contract will expire on may 25 and my residence visa will be on june 28. I wish not to renew my contract anymore. I will now tender my resignation to the company, what is the last day of work I will put in my resignation letter? Am i obliged to work until june 28 or i can leave the company anytime after may 25?
Thanking you and anxiously waiting for your reply.
Hi Mauren, It is always better to inform your company well in advance as per your notice period to avoid so many inconvenience.
You can leave the company after May 25.
Dear Mr. Depak,
Due to bad financial position of the company, company is thinking to terminate few employees (including me). I have worked here only for 5 months. If the company terminates my contract, will I get ban? Thanks a lot for your cooperation.
it is better to check with immigration
I have been with out a job for 2 months now after being terminated by my previous company after working there for only 6 months. With now valid reason. I got a new job now and apparently there is a ban on my name now by the government. Is this possible? As I am not the one who resigned, I was terminated.
Please advise
this is a labour ban and will be there for 6 months.
or do i need to lift my own ban by paying the appropriate amount?
can I do that?
Awaiting for you reply Sir.
Thank you very much.
Hi Mr. Deepak,
I had a 2years contract visa and limited. I resigned for some reason and I’ve been on that company for only 1 year. I actually got a 1 year ban now. Should I have still a chance to apply & get hired for a freezone companies here in Dubai? or should i go out of the country?
Looking forward to hearing from you very soon.
For sure ban will be applicable in this case.
To avoid ban it is better to complete the contract period and then resign
i had done 3 year contract with my company and now i engaged in two year contract with the same and i am going to finish it in march,, i had resigned and i am on notice period…i had heard some remours about imposing a ban i.e company ban i felt…could you please tell me that they could have such powers for imposition of the ban
Good day everyone, just want to ask for some advice regarding labor ban. I’m currently working in Abudhabi for almost 8 months now under a 2 year contract. My salary is 2500aed with free accommodation and food, my designation is desktop engineer, with educational background qualification: graduate of bachelor degree in computer science.
Now I’m planning to resign and look for another job due to some circumstances I’m experiencing with my present company (delay salary, 8+4hrs without ot pays, and bad food provided by the accommodation ). My concern is about the labor ban, consisting of 6 months. Would it be automatically imposed in my case? If ever im going to quit and find a new job? If it so what’s the least best I can do.
Hoping for your “enlightening” response. Thank you
Mr, Deepak,
Hi, hope your doing fine, i just have a question. I am currently employed in a company here in dubai, my contract is a 3 years limited one, i already have completed 2 years of service with my company last september 2012. if just in case i am able to find a new employer and will be giving a much better salary compared to my current employer, will i be having a labor ban or company ban? hope to hear from you soon, thanks and have a nice day….
if you have Masters degree and salary 12k plus then only you can avoid ban. I guess there will be ban otherwise.
Iam working in a studio at sonapur.My visais 3rears.The manager gave me a salary of 500 dhs after a deducion of 500dhs for 8 months.Becuase i havent give any money for visa from india.My visa ends on 11-11-2012.I informed the company through fax that i am not renewing my visa.now the manager says there is a problom with the land map of studio and liscece so iwill get cancelled at 2-12-2012.till the i have to work here.We are working here for 3 years without any leave. company give 2months leave+1month leave salary after 2years.
How much money should he give to me ?how can i calculate.
He gives 350 dhs for food+free room
for the second and third year he gave me 200dhs increment
Dear Deepak.M,
I’m working in Abudhabi under limited contract in sales visa but as accounts assistant, due to domestic problems i have to Resign.
As I’m breaking my contract how much i should pay to my employer.
Please Suggest.
Thankx.
hi i recenty join a restaurant in UAE as a restaurant manager ,but i find this job is not suitable for me with a number of reasons now i what to quit this company ASAP, so what will be the cost i have to give back to my employer. inDHS,
There is nothing stated in uae labour law that if you quit your job before the contract period you need to pay the charges. Just speak to your employer about this
Deepak,
My contract is a limited contract and it expiring on march21. When should i give Resignation Letter to the employer.
pls check your employment agreement for the notice period and go as per it.
Mr. Deepak,
I will be finishing my contract this month i have unlimited contract, if i agree with my employer to renew my visa for the time being then in the middle of my renewed contract i resigned are they going to impose ban on me.
No I don’t think you will have ban. Check with you HR in any case.
i worked for unlimited contract for a period of 7 month then the employer wanted to make my salary half so i refused stating that this is not legal then in the month number 10 , i received a termination letter stating that my performance is not acceptable and i was told verbally that here is a legal way to terminate you cause you do not want to accept half the salary…
-my offer letter stating commission and i did not receive any in the 10 month working —- same for insurance , stating after 3 month to be issued but also i did not receive any thing
-if i go to the court – will i take ticket-end of service – annual days balance and should they pay any penalty – i did not receive any notice of bad performance in the 10 month , also i did not even take 1 leave day (sick or emergency) in the 10 month.
-i have rent to pay and ticket to go home and i will go to the court but my question is …is it legal whats happening and what you advice me to do????
appreciate your help as the lawyers are really expensive and i do not have the money
I have a limited contract with my company expiring June 2013. I was due to go for vacation next month and last week I was told that I had to resign as company was not happy with me. I have been unjustly warned 3 times by email about my ‘unsatisfactory’ work and the company is threatening me with legal proceedings if I don’t resign. Are these warnings valid in Labor Court? I am being told that, if i resign I will get End of service benefits; whereas if I ask for termination then legal proceedings and no end of service.
Kindly advise
Company cannot force anyone to resign. This is unfortunate. It is against law I believe. If employer is not happy with your job performance then employer has to terminate your contract.
Can the Employer cite these warnings under Article 120 and hold me accountable. Also I am going on an approved vacation without any intimation so far about my termination. Can they terminate me while on vacation?
I guess Yes, they can terminate during your vacation.
Dear Deepak,
Our company is under DMCC Zone. We have an idea about the shut down of the company with in a couple of months. My contract period was for two years limited contract, and as per DMCC, they follow the same law as UAE labour law. Could you please advice on what am I entitled to?
I have completed 1 year, haven’t gone on vacation, apart from casual or sick leave. My contract was for two years.
is there any link that I can refer to?
Your reply is appreciated.
Thank you.
In the case of limited contract compensation equivalent to the period until the end of contract or three months wage whichever is shorter ( unless employee was terminated based on the grounds of Article 120.
Good day. I complaint my company because they didn’t allowed me to take sick leave even though I had a medical certificate given by the doctor.They cancelled my off day and they making me an incedent report and and warning letter.That’s why I went to the labour and to file a complaint.I would like to ask if I should needed go to work even i’m so sick ?
As per UAE Labour Law sick leave will be treated in the following ways:
Full wage for the first 15 days, half wage for the next 30 days, and without wage for any following period. The days mentioned in the above article are calendar days. But you need to show the medical certificate in all the cases.
Your english is full of errors.
Thank you very much for the feedback. Yes I did study in a small village in India and I am sure I am not the greatest writer. But considering the fact that atleast 15 newspapers and websites carry my articles, I am not that bad either. May be you could write for me if you have some spare time. Just a suggestion!
I came in Employment Visa & I worked in the Co. around 40 Days.
But the sponsor didnt pay my salary & now he wants to cancell me
before stamping the Visa.
If he cancelled me, Can I complain for my Salary & Ticket charge for back home?
Any Ban will be impose against me?
No you will not have any ban.You can ask for salary for what ever days you worked. If termination company has to provide you with one way ticket.
Hi,
Kindly advice..
UAE labour contract For a Period of 3 Years (3 Yrs Maximum) = meaning a Limited Contract?
If it is Limited Contract ..Can I entitled to compensation of 2 or 3 months salary in case of Termination by my employer with in one year?
Your kind reply & help would be appreciated,
many thanks in advance..
Ali
This will completely depend on your employment contract.
thanks deepak for your reply,
as my contract is a limited contract with my company,
and my company has terminated this contract …in this case ..will i be liable for 3 months of gross salary as termination benefits..?
kindly confirm & advice…
thanks in advance….
In the case of limited contract compensation equivalent to the period until the end of contract or three months wage whichever is shorter ( unless employee was terminated based on the grounds of Article 120)
my company was close at last month of sept 10,2012, but my visa was new just only 8montths , what i need to do now my company told me to find another job and they willing to give me a NOC. Did you think i dont have ban because 1st it not my fault and the company is close. pls i wait your help. if i have ban or no.
If company provides you NOC then there will not be a ban.
Hi!
Good evening….
My contract is limited for 3 years and it will be finish this coming Nov. 2012 and my plan is not to renew, do I need to inform my employer one month before the expiration date?
I asked lots of people about it, and now I’m confused because someone told me, I have to file a letter of non renewal one month before, other told me ten days before, other told me, because your limited wait your boss to ask you if your going to renew.
please help me….
Thanks for your time.
yes you need to inform the management well in advance to avoid confusion.
I graduated with bachelor degree and currently working in government company with 2 years visa, unlimited and yearly renewable. I started working with them Oct. 30, 2011 then I received a verbal termination effective Oct. 31, 2012 on the 3rd week of September. Is there a ban if I transfer to another company? Should I received a month of notice after verbal termination or after receiving the termination letter? Should I need NOC to transfer to another company? Please note, it is not my fault why I received termination. Please advise. Thanks!
there will be no ban…company should give you NOC
Dear Deepak M,
I will really appreciate your help in clarifying some of my doubts regarding employment contract I have with one of the DMCC company,
I have been working under one of the Dubai Multi Commodity center Freezone (DMCC) company from last one year (joined Sept 2011)
Unfortunately I have been terminated this month by my employer saying/with reason that they don’t have good business condition????
I need to know some thing about termination benefits, as I have been terminated before my contact expires (my contract expires 12/2014)
I have just completed 12 months of my job in this company,
I mean to ask any Termination Compensation I can demand to my employer..
some one told that you can ask your employer/ DMCC for 3 months of your gross salary + air ticket as the contract is being breached by your employer not by you,
I am looking forwards to your kind reply with Help & support,
Many thanks in advance.
Greetings,
If company provides NOC then there will be no ban. Company should give written termination letter. It may be one month or immediate effect depending on the notice period mentioned in your employment contract.
My contract is unlimited. I want to change after one year. Can I change my job without being banned? I am ready to give 30 days notice period.
as per new rule of MOL you need to complete 2 years in the company means you need to complete your contract period to avoid ban. in any case, confirm with your HR.
My contract is a limited contract and I submitted my resignation before my contract expires; shall I pay compensation to the employer for revocation of the contract?
You may not pay anything to your employer. but you wont be able to receive EOS benefits. Confirm with your HR.
as per the labor law ,you will definately have to compansate the employer for the cost of his visa and other expenditure that the employer may have incurred . the maximum of what you can pay is 1.5 times of the employees monthly wages.so be careful before you give your resignation letter .good luck!
my contract is 24 months n i gave resign on 23 months with notice period so can i search jobs
Yes you may look for new job. However, if you are satisfied with your current job, ask your company to extend the contract.
after 11 months on a limited contract with a jafza company, what will be the the benefits or compensation due if the company terminates without the agreed notice period.
http://www.jafza.ae/media-files/2010/06/06/20100606_RULES-.pdf
Hello. I resigned from my job recently. the protocol of the company is that anyone who resigned will be sent to the airport wherein the passport will only be given there to ensure that the employee would go home to the country of origin even if the person still is entitled to a 30-day stay after visa cancellation to look for another job. I actually have an offer already here in the uae but they prefer to get me here and not from my country of origin. yet the company will make sure to send me home. is there something illegal about the company’s protocol? thank you so much sir.
My contract is a limited contract and the employer terminated me oneconomic down turn condition and not any legal reason, am I entitled to compensation for the injustice termination.
You are entitled to compensation as per your agreement.
Dear deepak,
May I know if employee can receive a gratuity after finishing her 3yr limited contract? how much is the gratuity if the basic salary is AED3000? joining date August 16, 2012 and end contract on August 16, 2015?
Dear DEepak,
How about annual leave salary if the contract is 3yr limited and the 1st and 2nd annual leave salary was already used/payed by the employer already, may I know if there is still 3rd annual leave salary to be received by the employee after finishing the contract?
Please submit your details here: http://emiratesdiary.com/gratuity-calculator