Your Rights when terminated or fired!
An employee is eligible to below rights when he or she get terminated by the employer:
We previously wrote about Termination.
Notice period if terminated or dismissed:
As per the UAE Labour Law
the minimum notice period is 30 days. However it depends on company policy. An employer and employee can mutually agree to have longer notice period, but they cannot shorten notice to less than the statutory minimum period.
If either party decided to terminate the contract without completing the contract period , then that party must pay the compensation in lieu of notice based on the employee’s current pay in proportion to the number of days in default.
As per the Article 120 of the UAE Labour Law employer has the right to terminate the employee without notice if the employee commits an act of gross misconduct are limited to the following:
- If the employee assumes a personality or a nationality other than his own, or has submitted fake documents or certificates.
- If the employee was appointed under probation and the termination happened during that period or at its end.
- If the employee commits a mistake causing the employer a substantial financial loss, provided the employer informs the Ministry of the incident within 48 hours.
- If the employee violates instructions relating to safety in the place of work, provided those instructions were written and displayed in a permanent place, and the employee has been informed of these instructions orally if he is illiterate.
- If the employee fails to carry out his basic duties as stated in the contract and continues to do so in spite of a written interrogation and a warning that his service will be terminated if he repeats his misconduct.
- If he discloses a secret of the establishment for whom he is working.
- If he is conclusively convicted by the concerned court of a crime involving honour, honesty and public morals.
- If he is found drunk or intoxicated by drugs during working hours.
- If he commits a physical assault on the employer or manager or one of his colleagues during work.
- If he becomes absent without a legitimate reason for more than 20 intermittent days or more than seven continuous days within one year.
However, both the parties (employer and employee) can agree :
- to have a longer or shorter notice period,
- to waive notice entirely
- to accept a payment in lieu of notice
An employer can dismiss an employee without notice where the employee’s conduct constitutes misbehavior.
Severance payments:
As per the Law any employee in the organization who have completed at least one year’s continues service with an employer is entitled to an end of service gratuity payment on termination of their employment contract.
The same rule is applicable under DIFC Employment Law and there is no reduction in end of service gratuity when an employee resigns.
Procedural requirements for dismissal
An employer must cancel or transfer sponsorship of an employee’s residence visa and labour card (or ID card if the employee is working in the in the free zones) within 30 days following termination of employment. Employees must sign a final settlement form confirming that they have received all of their legal entitlements before the authorities will cancel their residence visa and labour card (or ID card, if applicable).
The dismissal of UAE National employees is prohibited without the Minister of Labour’s approval. There are no other express protections from dismissal as such. Other than UAE nationals, there are no specific categories of protected employees.
COVID- 19 – Can Employer Terminate The Employees?
Employers in worldwide including UAE are facing unpredictable business challenges and are struggling with how to manage their employment relationship within the boundaries of the law at the same time keeping their business running.
There are many establishment within hospitality, Restaurants, Gym, F&B and retail are facing many challenges and forced to reduce their workforce or shut their operations due to are Covid 19 outbreak and are unable to pay the employee salaries.
Ministerial resolution No. 279 of 2020 (Resolution 279), effective 26 March 2020, allows private sector businesses affected by precautionary measures taken to prevent the spread of Covid-19 to restructure the contractual relationship with their employees.
Ministry of Human Resources and Emiratisation (MOHRE) has clarified that if companies have surplus in the number of non-national employees whose employment will be terminated:
- Must register their data in the virtual labor market system, to enable them to recycle according to the needs of other facilities, which is particularly helpful for sectors experiencing an increase in business operations given the current suspension of foreign recruitment. A new employer can then lawfully hire the employee by choosing one of the following work permit options: transfer of work permit, temporary work permit or part time work permit.
- Must continue to providing housing and paying dues other than wages; until they leave the country or authorize them to work in another facility in UAE
- Residence is provided to them until they leave the country or authorize them to work in another facility in UAE
- At the time of cancellation must ensure their dues are paid from the end of service gratuity and leave allowance.
And the ministry explained that Resolution 279 doesn’t go so far as to expressly define redundancy termination arising in connection with Covid-19 or otherwise – as an automatically ‘valid’ reason to dismiss an employee under the UAE Labour Law and the decision stipulated that if the employee and the employer did not agree on the precautionary measures stipulated, and the employer was involved with the employees because of his surplus labor, low revenues, and his inability to pay his obligations, then he may dismiss employees from the service.
However, it is likely that the courts will be more sympathetic to employers who can prove that redundancy terminations were the only viable option for the business.
The Ministry of Human Resources and Emiratisation’s (MOHRE) decision regarding employment stability in private sector establishments stipulated 5 measures to support employers reshuffling their business structures by gradually adopting the following:
- implementing a remote work system;
- granting employees paid leave;
- granting employees unpaid leave;
- temporarily reducing salaries; and
- permanently reducing salaries.
First: Implement “Remote Working System”
Second: In the event that the “remote” work system does not match the nature of the company’s work, company can decide to send the employee on paid leave
Third: In the event if an employee does not have an available balance of annual leave, then the employer can send them on unpaid leave which must be agreed by both employer as well as employee.
Fourth: Temporary reduction of the employee’s monthly salary must provide additional addendum for the employment contract between the two parties and “it is not permissible for the employer to implement any of the decisions regarding the reduction of wages, except in agreement with the worker, and companies may not take these decisions individually.”
Fifth: Permanently Reducing Salaries must provide additional addendum for the employment contract between the two parties and “it is not permissible for the employer to implement any of the decisions regarding the reduction of wages, except in agreement with the worker, and companies may not take these decisions individually.”
If the procedures are applied individually, without their consent, the employee may file a complaint with the Ministry.
I have been terminated from company, without any warning. They have asked me to give 14 days notice as I was in probation period. What can I do.
Hi, In a probationary period, employers often have the right to terminate employees without providing a specific reason or prior warning, depending on the labor laws and the terms outlined in your employment contract. However, it’s essential to consider the following steps:
1. Review your employment contract to understand the terms and conditions surrounding the probationary period and termination. This will help you determine if the company’s actions align with the agreed-upon terms.
2. If you have any concerns regarding your termination, consider reaching out to your employer or the human resources department to request clarification on the reasons behind their decision.
3. If you believe that your termination was unjust or unlawful, you may reach to employment lawyer who specializes in labor laws. They can assess the details of your case and provide guidance on your rights, potential legal recourse, and options for resolving the situation.
4. While dealing with the termination, start exploring new job opportunities that align with your skills and career aspirations. Update your resume, network with professionals in your industry, and consider reaching out to recruitment agencies to aid your job search.
my company terminated me without any reason and my contract is limited besides I have not completed even one year of service. Can i get any compensation of 3 months salary and flight ticket. I got 1 month notice period from my company.
Hi, Your employer must specify the reason of termination in the letter. You may please check with them on this.
nice post.
Sub- Rejoining after 2 months of termination
Hi sir,
Reecntly i was terminated from my company due to redundancy, i was clearly told nott to ocme to work during my notice period of 30 days ( even though i had no problem in contnuing to work during notice period) i was told i will be paid full salry during my notice period. now after two month from my termination i was called back my company and told to rejoin and start work again. now my company says they will not be paying me notice period amount is it legal? or od i have right to ask for notice period amount full salary as they were the one who had told not work during notice period in first place. please advise
Also I need advice my boss is demanding money visa it’s 3500 we agreed to cut me 500per month but after he started paying me 100 per month when I talk to him he said if I continue talking about what we agreed os going to cancel me
Hello. Im hoping someone can help me. I have been working with a company for 13 months. Last week I was told by my manager that they are dismissing me, which came as a shock as I have achieved all my targets and have had very good feedback. He told me he would give me 2 days to decide what I would like to do. The next day he called me into his office again, and basically forced me to resign. I told him I am seeking legal advise and that they did not have a leg to stand on because I had not been given any previous warnings nor was I put on any sort of performance programme. He continued to tell me that its better if I resign (and I know why, because If I resign, they do not have to pay me out, and my gratuity will be less). The following day (2 days after they told me they were going to terminate me), he called me into the office and asked what my decision was. I told him I will not be resigning and that I would like a termination letter. He then got up, walked out the room and came back with a letter and said ‘we will not be giving you a termination letter’. I opened up the letter and it was a written warning. So, because I called them out on not getting any prior warning of them ‘being unhappy with my performance’ – they knew they had no leg to stand on. But they’ve given me a warning after they’ve forced me to resign, is this allowed ? Surely warnings and PIP should happen and termination followed ? Yet they have done it the other way around…. They have also now said that they are going to put me on a PIP and review it on a weekly basis, but as far as I know, a PIP is a 90 day process? Its clear they are trying to get me out, and doing as much as they can to avoid paying me out (sadly, the CEO does this to her employees ALL THE TIME). I just wanted to know what my rights are and what the best process is moving forward? Your help would be appreciated
Hi sir! Am working since mai 2016 (1 year 8 months)with my employer who is cleaning compagny, and i need vacation for one month then come back and finish my contrat but he refused to give me, he said i have to finish my contrat first, and the problem is even if i finish my contrat, i have to buy my flight ticket for home by myself coz he don t use to buy flight ticket for home for anybody, and my salary is only AED800 and my flight ticket is AED1800, also he keap my passport with him since all this time! I asked about cancellation, he said i have to pay him AED3000, am very confuse! am i need to complain about it or what, plz direct me, tks
Hi, I would really appreciate an advice regarding my end of service certificate.
I completed my limited contract of 2 years in Abu Dhabi and followed all exit formalities and processes properly. HR told me that end of service certificate is pending for management’s signature and they will send it to me on email once it is ready.It has been 6 months now I have been following up for the same. Initially they said CEO is out of country so sign is pending and then later I was told they made a new policy that minimum 5 yrs needs to be completed to be eligible for experience certificate.
I tried to convince them that this new policy did not even exit during my term in company but even then I have not received the certificate till now.
Really need your expertise and advice on what to do next to get my end of service certificate.
Thanks
Hi sir.
Sir my employer terminated me after 4 months of working with in probation period. He didn’t pay me 41 days of my salary.
I handover all documents to another accountant.
Please guide me is i am eligible for that 41 days salary and air ticket to my country.
Regards
Hi, One of My Filipina Employee not coming at work like around 12days.I Provide her Visa and Made all the contract needed. Then when I sent her on Medical Test She went there and come back without doing Medical.Return me the documents and she took her passport with her . Suddenly she Said- I have to terminate her contract coz she dont want to work on my company anymore. ( Still now I dont know what was the reason over this matter). Then I Told her to Resign, But she dont want.She need only termination not resign.
Also I tried to know why but she didnt reply me anything even her good colleague too.
I have mention that Everything about her Visa Process is done just Medical+Insurance and Visa Stamping is Pending.
So If I Terminate her she will be BAN or what ?? Coz her contract is till now is around a Month only.
Hello my name is Godfrey but i have aproblem wth my company they ar forcing mi to work 9hrs with out overtime and wen i refused they stoped me from work and they told mi that they goin to cancel mi bcoz of that so i rilly dnt wat to do and i nedd ur help bcoz he told mi that in 3days he will be done wth cancelation
Hello sir , My wife is a registered nurse , last 2 years she is worked in a frim now one month before she got a job , she cancelled from previous company and joined new firm after one month current firm told us that they are not processing visa and tell us that check a new job only verbally what we will do , financially we can clam or not
Hello, my employer has asked me to resign and wants me to take my unused Annual Leave during the notice period, which I do not want to because the UAE Labour Law does not allow the employees to take leave during the notice period. However, when I checked my contract that I signed in the beginning of my employment, it was stated that the employer may ask the employee to take the unused leave balance during the notice period. Kindly advise what I should do?
For the notice period they need to pay you full salary for 30 days and you can also claim pending leave salary, air ticket allowance and gratuity
Hi Good day, what I want to ask you is that I worked with one co. for the last 5 Months in which 3 months are probation period and they brought me from my country. When they allow me to leave due to salary insufficiency as per my request. How many days do I have as annual leave? and Since I am transferring to another co. is the the previous co. is mandatory to pay me the repatriation? Thanks
Hi,
My son got terminated due to work negligence as per the company. They told him that they will not pay his vacation pay. They will only pay the pro-rated salary. Is it on the law that he cannot get the vacation leave?
If he is terminated due to severe negligence of work he is not entitled to get any End of Service benefits and leave pay.
good day…
I’ve got terminated to my company under unlimited contract. Im am working for 4years and 5 months. may i ask how many days i can get for my gratuity? thank you.
Good day!!!
I’ve got terminated by the company under unlimited contract. I’ve worked for 9years but salary was delayed for 5months, However, notice period of 30days was provided and informed not require to attend but to make clearance only. After the end of notice period they did not provide the settlement.
What would be the rights and benefits I may demand?
Tnx.
under what conditions can an employer impose a fine to the employee?
I recently got terminated from the company without any warning letter. I had unlimited contract. The company is responsible to pay 3mons?I did not receive any email the HR just tell me in the officefront that I am terminated but they did not tell me whats the case they put on my termination
Good day,
I was terminated under probationary period ( 6 months) and got a job offer from a goverment company. Do I need to inform my old employer about my situation? Do they have power to stop me hiring from other company since I am only have less than a year residing in UAE?Many thanks
Hi sir IAM rajendhar my company is terminet me and I completed 14 months in the company and they are asking me to sign canceletion pepars without paying any dues then I didn’t sign they file the compliant in moher against me
They terminet because of I have apsent 20 day in 1year and they deducted from my salary when IAM apsent
Sir can I know what can I get the settlement as per uae law
Hi. I would like to seek for an advise. My situation is dfferent from others. I was hired on December 15, 2015 via online as an Affiliates Manager by my employer whose company/ office is based on Sharjah in UAE. My contract says that my contract is fully under the labour law of UAE. But, I am a working remotely in my home country, the Philippines and communicating via skype and emails. I was once invited to visit their office in Sharjah, UAE for 4 days last July 2016 and I granted it. During my stay there, I was introduce to all employees and meet the bosses there. Last May 2017, my boss told me that my employment will be terminated in August 4, 2017. I continued working and receiving my salaries (via western union) but receiving them very late – one of my salaries I had received 2 weeks delayed (received it on the 28th instead of the 15th of that month. Now, when I asked my boss about my salary for this month and request to talk on the matter of termination, he didn’t reply. As of now, I also want to terminate my contract with them although they are the ones who sent me a termination letter last May of 2017. According to my contract, I am also entitled with the Annual leave but never used it, holiday work pays during UAE holidays but also never received any salary adjustments, and gratuity pay upon termination of contract. My salary for the period July 15 to August 15, 2017 is also not yet being remitted. I researched online about the labour laws in UAE but I am confused as I am not UAE based worker. Please help me on this matter. My name is Ferd and here is my email address sir: [email protected]
What kind of contract do you have? I am curious!
Hi mr. Deepak, what it supposed to be the day of your salary to be given if you join your company example february 2.is it same day of the nxt month you’ll receive it?it will not delay 2weeks like that.please reply
my company refuse to terminate me after I gave resignation letter with 30 days notice period.
what can I di about this because they said I have to payu the sum of 8000dirhams as visa compensation of which I paid money already for my visa which is anm amount of 2800 and they never returned a receipt to me proving I paid this casdh
There is no such rule.
You do not have to pay any visa fees to the company.
Hi! Iam working as a house helper here in Dubai for just 3 months and I wanted to terminate my contract to my employer. She don’t allowed me to terminate my contract and she said that I should played them the cost to bring me here in Dubai. The problem is I came here in Dubai with contract. What should I do. Is there anyone can help me. Thank you!
You have to approach MOI for this.
Hello, Im working in Freezone and my contract terminated due of cost cutting… shall the company hast o pay me 3 month gross salary plus my gratuity?
Not too sure about free zone laws.
Hii Mr. Deepak.
Hope you are fine. Sir, I Mr. Singh from India. I just came Dubai nd join interior company and my employment Visa will come with in 2 or 3 days. My employer give me photo copy of stamping visa. Because my Emirates I’d will come after 10 days. So I just wanted to know this stamping visa photo copy is valid for serve job in marketing in Dubai. Rply soon. Thanx sir.
Hi
I had been terminated from my company within 2.5 months of joining while I was under probation itself on 16 July. I have not received my final settlement for the last 16 days which I worked. They have cancelled my visa and returned my passport.
I would like to know can I claim those 16 days pay and what if the employer does not agree to pay whom should I approach?
Please help
You must be paid till the last day of your service.
During probation period, you are not entitled for any leaves; but your leaves do get accumulated which can be taken after the probation period.
If your company has terminated you, you should be paid the leave salary.
Yes, during http://emiratesdiary.com/jobs-in-uae-2/what-is-probation-period company can terminate you.
You have to agree to the company’s terms and conditions.
Hi I need your help. I’ve been terminated due to rationalisation. I’m almost done with my handover period of two (2) months this coming Wednesday August 9. Now they want to revoke my termination and giving me a letter of “revocation of termination” but I don’t want to sign it because I found a new job. But the company told me that “by UAE law” the company can revoke the termination anytime they want even if I didn’t sign any letter, in short they told me that they can revoke it anytime they want regardless. Now the case is different. The company told me that if I don’t want to continue with the company then I should resign and give another 1 month notice period for hand over. Hope someone could help me here because my time is running out. Thank you so much in advance.
Since you have accepted termination, you are entitled to leave company.
Your company has no right to ‘revoke termination’
I recently got terminated from the company with out any cause and without any warning letter. I had unlimited contract. Am i get 3 months salary? Or shall i file a complaint against them for being terminated for no reasons.
You may file complaint with the MOL/MOHRE.
unlimited contract she has.
Hi i have an employee and she was terminated for section 120 of the labour law ( municipality Hygiene with many warnings) even though it was just before Ramadan i agreed to not cancel her until she finds a job, this is now 2 months ago and i have to cancel no matter her situation sorry for that but until now she hasn’t found a job. She called the labour office and was told that she is entitled to full salary . when i called they said as long as she was terminated for section 120 of the labour law she is entitled to any salary she might have plus holiday pay but not gratuities. Please clarify. Thank you
I agree with the MOL comments. Salary must be paid but no Gratuity.
sir my company terminate me under provation they terminate me in 5 months duty. now im hire to new company and have a offer letter my question is if i have ban thank you sir i need help
That you will know from MOL/MOHRE.
hi , i want ask u if my company cansel my visa with no reasson nd witch banifit i hav to taken olz info help
What do you mean no reason?
Hi, I came on employment visa in June and they issued me residence permit & Emirates ID. few days back, they mentioned that the parent company is closing the Dubai Operations and i have to look for another job.
my question is , what is legal compensation i supposed to get ?
During probation period, company can terminate you without any reason.
if company terminate you in probation period ther is ban or not ? thank you i need help
Usually no. But you must check with MOL.
hi I resigned from my job because I was temporary staff on a limited contract and my employer said resign and they will offer me permanent contract but now after resignation they are not giving me a job will this be considered termination and can I avail my termination benefit, if not make a labour case against my employer to claim termination benefits please note I mentioned in my resignation letter that I am resigning based on offered permanet contract
IF you have resigned out of your own will, there is no case here!!
Hi …my employee made agrement with other company and she started transactions with them without my knowledge aswell as my company nature also same .when i asked her she made complaint in labour that i am not paying salary for 10 months .but i paid salary through exchange she received also kindly advise me how can i solve this problem .
You should have all the proof of payment of salary.
If your employee is proven that she has lied, it will be taken very seriously by MOL/MOHRE.
hi my company is planning to terminate me for being absent for two weeks but i had told them am sick but couldnt get the officia documents for that because it was costly hence am supposed to be given an insurance card to help me get treated which i dont have a valid one.and its my second contract with the company that is two years seven months.how can i get help
You have to submit official documents to prove your case.
I am serving my company for 15 years with unlimited contract) .They sent my termination letter(WITHOUT ANY REASON and not in company’s letter head- just in a simple memo) effective on July 12,2017 with one month notice period and officially I received this termination letter from my personal e- mail only on July 16,2017.Can you give some highlights as per UAE Labour Laws covering this type of termination and end of service benefits and dues am I entitled to.
Thanking you.
.
This is arbitrary termination.
Please approach MOL/MOHRE for this.
good day, i hope you can help me, my company is going thru a rough time and they need to terminate some people, and I am one of the unfortunate. They issued me employment visa with 60 days validity, May 28-July 28, 2017, but not yet stamped, not yet visa change. I’m also holding my visit visa which will expire on August 11, 2017. The questions are: Can i just ignore my employment visa expiration, will it expires automatically? What can be the consequences? Can i exit on before August 11 then back here with a new tourist visa? Please advise. Thank You so Much
Good day! I would like to ask if my employer terminate me for 3 mos.having visa and im under probation am I liable to pay her expenses, is there a ban, till now I dont have yet my Emirates id, health card, my passport dont have yet stamp for residence visa. Please advice me what I will do. Tnx
There may be automatic labour ban. You may not need to pay any fine or expenses.
Hi, Can I ask? I resigned in my company and Im currently rendering my 1 month notice. After I resigned my manager asked me to work to other outlet for 3 days, he said. I agreed and work their even I dont have knowledge with the menu in other outlet as it was different to my work place. The next week schedule Im again need to work for 3 days in that outlet. I talked to my manager if it possible I want to render my remaining days in the outlet but he refuse. He said that Im making it hard for them, its only another 3 days. I told him that Im not going there, I really want to spent the rest of my days with my outlet and with the people i used to work. The next day I didnt go to work to other outlet which he assigned me. He was calling me and I call back. He told me that if I want to give him a problem I’ll just tell him. He can give me a problem on my exit interview on our hr and will not give me a good record or good morals. I got scared and think that he might do it, that I will not get my good records and he will give me a problem. What can I do? please help me. Can I complain him in labor?
It is up to company to assign you to different workplaces.
You may not refuse this as this is the nature of work.
helo . my husband,s boss told him to find his new job in two months, and i got my husband visa only 3 months ago, if my husband change the job now. i have to get visa again???? again all the formalities we have to fulfill? totaly from the zero we have to start?
Yes, that is right.
Unless, there is an option in the immigration department to hold your visa. A deposit may be required to be paid in such cases.
Hello….My company is planning to terminate me and my company is a free zone company in Sharjah. I have completed 4 years of service but Iam being blamed for non performance. If Iam terminated, how much amount am I supposed to get after Iam out of the company?Pls advise.
I am not really aware of free zone laws. You must consult with the FZ authorities.
Yes, you must work during notice period
Hello.. My company is not giving doble pay on holly day. Or a extra off. It is ok to the law?? And they forcing me to work in thiere new restorant. But my visa is sales. Isignd as a sales But then, they want me to be come a cleaner and waiter for there new business?? It is restorant. What is best action?? Pls help me.
Please consult with MOL/MOHRE
During probation period, you may be terminated without any reason by your company.
Is there any ban if employer terminates me within 3 months of getting Visa?
I don’t think there is labour ban if company terminates you.
sir i join my company in march still m in probation period now my employer ask daily that he cancle my visa or terminate me . will i libile to pay my visa exp whether i m probation period
please advise me
You are not required to pay any visa fees.
How can we get a copy of contract. Because my company dont gave us off. Even now ramadan we still duty 10 hour per day and no dayoff
Is it true that if you are on your fathers/husband’s visa, the company you work for will not provide end of service gratuity?
That is not correct. Everyone who has labour card / MOL approval must be paid gratuity.
hello sir i terminted because company told to me go to abudhadi but i dont want to go abudhabi thats why company told to me resign but i told to company terminted me i will set in room 10 days happen in this type of terminted company give me tiket are not tell me sir and i have 32 leaving days also is there i will completed 1 year in this company tell me this type conditions what happen
Hullo sir I was working for my company in dubai mall it’s called luxury garments it’s offices located at gigico but was terminated due to the company’s policy it’s sales went down and they had to reduce some of us was given a notice period of 30days but it was not my intention of leaving the company but I had worked for two months so I need to know if i have bun since it was the company who decided that I leave.
I am currently working in alquoz 2 as admin assistant for 1 and a half month from now, but in my working visa its indicated there that my profession is Sales executive. My contract is 2 years. As of now my boss is not good he did not treated us well and he always scolded us in the office, he always blame us from the mistake that we did not do. He always looking for a mistake. If I resigned what is the consequence? Or If my boss terminate me what will happen to my visa? Can I transfer to the other company?Kindly advise. Thank you.
Dear Deepak
Myself maidul Islam from India . I. Came into aan employment visa with a company call gathering cafe LLC my contract is limited contract and company terminated me under provision period . on 17 Decembeb and working days Dues they paid after begging them on 10th of Jan but they didn’t cancel me yet . that’s the reason I put a case in labor asking about to cancel my visa and air ticket to return to India and compensation for the days of my salary I am in accommodation of the company and no work from last 3 months . I just want to know may I get a compensate even now the company is already closed
I have renewed my limited contract last june 2017, I wanted to resign give my resignation letter next month so that I will end exactly on my 3rd year of service so I will have my gratuity for 3years. I am a bachelor’s degree graduate and I work in this establishment as a receptionist but my job/position in my visa is WING/WARD WORKER and I just realized that they’ve put me under SKILL 4 AND 5 which is not in lined with my qualifications. Please help me what to do.
Article states that “Employees must sign a final settlement form confirming that they have received all of their legal entitlements before the authorities will cancel their residence visa and labour card (or ID card, if applicable).
My employer denies such and claims there is no legislative basis for that. I googled for an hour but didn´t find any source for that either.
Can someone shed a light on that?
is the company rights to suspend me because of my social media post and I don’t even mention their company its just I express my felings for having almost 3 months salary
hi
MR Deepak ,i hope you will be fine .
i am in a company on a sales visa from last 4 month ,now they given me termination letter along with 5 more guyz by mentioning restructuring the company from date xyz your services are no more required.all of us are in probabtion period .what else can we get and what about the ban .we are on a unlimited contract.they are giving us nothing just return ticket are we elligible of anything
Dear Sir / Madam, i have worked with my company for 5 months and 29 days then my employer terminated my contract abruptly without a genuine reason, it’s a limited contract. I have not yet cancelled my employment visa it is now up to 08 months. I would like to know if I will have a ban. I am humbly looking forward to your reply. thanks.
Dear Sir
I need a legal advise regarding to my situation. I am working in our Company for almost 12 yrs and 9 months. This coming December 7 is the expiration my Residence Visa ( emiratesID) Now I have plan to take myannual vaction this coming December. I talked to my Manager for my early renewal of my Emirates ID to avoid problem during my vacation .
What will happened is on October 31 my Manager informed me to report in the Head Office to meet HR Manager.
The HR Manager informed me that the Company are no longer renew my Visa just becasue of my age 52 yrs. old. she explained to me that the Company having a retirement policy of if the employee reach at the age of 50 with B5 grade are no longer renewing his or her Residence Visa. My question is …. Do I have the right to ask the consideration to extend my work just as I am still fit to my work and responsibility. Please enlightened me for legal rights as an employee.
Yours Truly
Reynaldo
Dear Sir,
I have some doubts. I am fired by my Employer, showing that they cannot afford my salary expense anymore. I had worked in the company for 04 years and 09 months.
What would be my Gratuity calculation and what all i am eligible for.
What is the total end of service that I am eligible for
regards/ Kumar.
Respectable Deepak,
I saw your article on internet which was very helpful about employment issues,
could you please help me in my case, I am working with well known construction company and i received Notice to Redundancy last week, in which they stated that “your role within the xyz company is now redundant, by way of this letter company gives you one month notice of termination of your employment.” and asked me to sign on the settlement letter in which my end service benefits were calculated. and normal salary payment up to date of termination and medical insurance benefits were mentioned.
please advise me in this case what should i do, i ll go to MOL or Labor Court for arbitrary termination and asked for 3 month salary as compensation from my company.
Your kind help in this regard will highly appreciated.
Thanks and Regards.
Hi,
Good afternoon.
Could you please help me in my case. Just 3 days before I received my termination letter indicating that my services don’t required anymore of the company. I cannot understand the reason why they terminated me. From the day one, when the company established I’m the 1st one employee who hired in that company. I am very upset when i received my letter, i just want to know the reason why they do this to me. I am the one employee who build the company from the day one until now. I spent my whole life to grow this company but in the end i get this in return without knowing any reasons why they do this to me. I’m working in that company in 3 yrs and 2 months, what should i get after all this sacrifices in that company? Still i cannot move forward what they done to me. Still I cannot find the answers in my mind. I hope you can help me in my case.
Regards,
JMC
Dear Mr, Deepack,
I was accused of my comapany of taking cash collection money which is not true, the scenarion is i accept cash collection with bills . bills amount aed 6890 which is after the following days my colleque take the bills and saying that he will show it to ceo and gen, manager for him to issue cheque and he will clear everyhting to me after, but on the next day the guy who takes that bill did not come office. only i had is his signature in one paper and total amount of bills he take. now they complain labor, but labor telling our pro to go court if you have evidence to her. until now he didnt make complaIN police, but pro ask money to me that he not make any complain in court or police if i will pay that i amount of bills, please give me advice what is best thing to do.,
Dear Sir, I am working in Emarat Petrol Pump and my company just Terminated me in my 7th month of 2 years contract. So, can I find another job and work here or I must leave the country?
Thanks in advance
Dear Sir, I am working in Emarat Petrol Pump and the company just fired me in the 7th month of my 2 years of contract, but the thing is I don’t want to go home. So, can you please tell me that I can find another job and work here or no?
Dear,
I was working for past four years in a company and I have face an interview with competitor and coz of this reason my boss asking to give resignation letter asap.
I said I can’t give any letter due to just face interview or not confirmed from the other company.
What is the solution and what she’ll I do …
hi,
I am working in finance, my co worker accused me that i am taking benifit on behave of my own organisation, and could not prove it, and i proved that i am loyal, in short false accused can i take legal action against my co worker, thanks i am working in abu dhabi
My company has terminated me without any notice as i took leave of 21 days in a year.and filed a case against me and demanding for compansation.and requesting miniatry of labour to apply one year ban for me.is it possible
An employee hired inside UAE and was terminated because of submitting duplicate bills (forgery). Is he eligible of one way ticket? he worked for only 7 months.
hi good evening sir. i would like to ask something sir. I’m working already with my company for 1 year and 5 months. Now due to new management and ownership of the cafe they already terminated my contract. I would like to ask what is my right and also i am currently on vacation when they gave the letter.
Dear Sir, I request your guidance on my current situation. I am being let go from a Federal Gov Company, due to a lack of company performance. They have to reduce workforce to balance their Budget is the official reason stated, but I know they will recruit new staff once I leave. I am at CXO level.
I have been in employment under a new contact for 11 months, and previously under a different contract for two years.. I was previously terminated, and sought legal action, which resulted in being offered my job back, but now 11 months later I seem to be in same position.
I am being offered just 30 days notice, and no severance payments or gratuity.
Is this permissible and legal and would you advise that I pursue some sort of legal action.
Thanks
Hello,
I have a query about my personal situation, I was employed in a sales role, I was fired after 13.5 months of employment – I was fired on the spot after the company found out I was applying for new jobs – they gave me notice period and ordered me out of the office that day.
I was told I would get an employment visa after my 3 months of probation however I never received a Visa for Employment after almost a year of asking when I will get one.
I am not sure how to act because I feel I cannot get what I am owed. (Severance/Gratuity/Notice pay/Un utilized holidays)
Can you help shed some light on if I can get into trouble if they refuse to pay me and I report.
Thank you
Good day,
Please enlighten me, I was terminated by my company (hotel establishment) after completing my 2nd month of service due to some reasons. I signed for unlimited contract. I just want to know, am I going to received a labor ban? and also if they going to provide a one way ticket and I don’t want to go home to my country, is it okay not to take the flight back home?
I was terminated by my employer. I have am unlimited contract. I joined on May 10 2015 and got terminated on march 2016. My boss said he will extend my salary until end of april 2016. My question is is it still possible to be given the complete benefit to me? And what are my benefits from this terminated contract?kindly enlighten me.
my bank terminates me in 4 1/2 month due to redundancy. Am i eligible for any benefits like salary or air ticket ? can any one reply as what labor law say in my case ?
Hi Deepak,
I have a feeling that my Company might terminate my contract. They have not told me anything about it though its just an assumption that i have made due to the work load and everything that they are putting me through wishing that i would quit instead. I have completed my probation period and this is now my 8th month in the company if they do terminate me will i be entitled to receive any payment or somthing as i am on an unlimited contract.
bad feeelings 😛
my company has came to me and say that you will terminated because of absences from the duty.i finhish 8 months here in this company. so what they will give me notice of period and if ban i need your suggestion on that. how much i can benefits and how long in my contract is mention below details,
notice and termination details.
a) subject to clause 3 above the period of notice to be given in written by you ot the company to terminate your employment is one month.
B) the company reserves the right to pay you in lieu of part or all of your notice period, or require that during the noticed period you do not attend the company’s premises or/and carry out your day to day duties ( and remain at home on ” garden leave” ) during garden leave period you shall be entitle to your salary and benefits in the usual manner. the company may terminate your employment without notice or salary in lieu of notice in line with either Article 120 or Article 88 of the UAE labour law
hi deepak
My company informed me verbally to find another job , as company is not doing well they are planning to do cost cutting. I have worked in this company for an year.
They have not given me any termination letter , is it beneficial for me.
Regards
Dear Deepak,
I got a termination from my company when am in probation period, saying poor performance.i think i wont be having any Ban regarding this as am a Automobile engineer. Is there any policies saying once the termination letter has given on a particular date, company has to deport me by cancelling within these many days or something.
Awaiting your reply.
Deepak, I worked for this company in a short span of 3 months. They gave me my employment visa just 1 month ago. My emirates ID is not release and my employment visa is not yet stamped. The director warned me that they will cancel my visa due to my poor performance.
My questions are:
1. Are they going to make me pay the expenses they spent for my visa as a penalty?
2. Do I get a ban?
3. Are they going to give back to me my documents? (passport, school documents, etc.)
Good Day Mr. Deepak,
I have colleague, got terminated recently for the reason of not meeting the new director’s expectations. This employee worked for 11 years here without any disciplinary record/warning. Also he has fair appraisal and received his promotion last year. Two years ago he was awarded as employee of the year, The new director just knew him for 3 months, and decided to terminate him.
Can he file case for this? Do he have any rights. He didn’t not signed any thing, he just received one month notice without working. He will sight clearance after the notice period.
Dear Deepak
Please can you confirm whether I can be terminated from work whilst on approved extended unpaid maternity leave? If not, what should I do and what compensation am I entitled to? At the moment, the termination is still verbal and my company is within Tecom Authority.
Appreciate any clarification/feedback you can provide.
Best regards
Mary
Hi Deepak,
I have question with regards to labor ban “granting new work permit”
I resigned last year I was able to complete only 7 months in my previous company, we have mutual agreement with my employer to terminate our contract, In fact I have NOC. I’m also a degree holder B.S Computer Science I have my document attested by UAE embassy and my profession in my previous job is Client Service Clerk.
Am I eligible to lift my 6 months ban as per new MOL law for 2016?
Thank you,
Waiting for your reply
My company has asked me to sign the termination letter without providing my dues but i refused at furst that we will in labour but wheb we got to labour the legal person in sharjah room 07 threatened he will blacklist me now if i dont sign now i told him i have to be sure cos im not cancelling but he said i sign it no one is forcing hoping he will protect but he didnt and i didnt get my dues what should i do now please? I think this people are all the same corny
hi , i have been terminated claiming my poor performance in the first month of probation period, the contract is unlimited, whether i will face BAN, and how can i avoid or remove ban, occupation travel agent, qualification Masters(UK degree).Ali
Hello Mr. Deepak,
This is a great service you are offering.
I work at a university where about 10 of us suddenly terminated from work stating that 31 December 2015 would be our last working date. Since the ministry has some problem with the terminal degee.They told me this on 22 December without giving a one month notice. They mentioned that they would pay the compensation
1. I would like to know whether they can terminate without giving one month notice. Can I file a complaint
regarding this with the ministry of labour
2. What is the compensation they are supposed to pay. Three months of basic wages or gross wages. I went
through the new labour law rules in your blog and it says gross wages. Please clarify
3. I have been working for 1 year and 9 months, limited contract for 2 years. What is the gratuity amount that
they have to give?
4. They did not pay me for one annual vacation since I was in my probation period. As per contract they have to
pay me for the annual vacation. Are they entitled to pay me for the unpaid one??
Oops! Nothing there to panic. You can approch near by taseel to get more clarification. If MOL find that without an valid reason if they are terminating you then you can claim for ban. If they allows you then can search for new sponsor.
Other option is you can look for free zone companies to escape from the ban.
But my best advice you can approach near by taseel to get proper idea.
Hi Deepak,
I want to ask for help. I’m working in belhoul Hospital, I compleated 1 year and 7 months in this firm. My problem is after my voccation , I took 15 days medical leave, when I came back I sumbmited the medical reports and certificates, then my HR manager rejected and gave me a warning tip that i will be terminated or forced leave effective nov.11 .. And our admin didn’t give me any notice yet. What will i do and do i have the rights to complain? Hope your reply. Thankyou
Hi Deepak,
I want to ask for help. I’m working in belhoul Hospital, I compleated 1 year and 7 months in this firm. My problem is after my voccation , I took 15 days medical leave, when I came back I sumbmited the medical reports and certificates, then my HR manager rejucted and gave me a warning tip that i will be terminated or forced leave effective nov.11 .. And our admin didn’t give me any notice yet. What will i do and do i have the rights to complain? Hope your reply. Thankyou
Good day Deepak,
Our company is closing down and all employees worked in this current company for just more than 1-Year. As per our Labour contract attested by immigration, we all have Unlimited Contracts.
Are we still going to have a 6-months labour ban even though we’ve all finished more than a year unlimited contract and the company is closing down? If yes, what are the requirements to lift the ban in order to avoid issues when looking for a new employer.
Also, if we have a new job offer before the company closure, do we still get the labour ban? If yes, again what are the procedures to lift the labour ban? Can we just do a visa transfer from the current company (Non-Freezone to Freezone or Non-Freezone to Non-Freezone) to the new one? How do we go about the visa transfer and what are the requirements?
Thank you for your time and support.
Your assistance is highly appreciated. Hope to hear from you.
Best regards,
Faye
Hello,
could you please advise me when is the last date to a company to pay the employees their salaries ! and when they can complain to MOL.
Thanks mate
You mean that you are not paid for the recent months?
However. You just approach the near by taseel center they can guide you.
The same issue which I’m facing right away.
You must spend 50AED to type the complaint in Arabic font. Then you ll receive the message from MOL.
48 working hour limited to sort out settlement problem by the employer. If not complaint ll b automatically register in MOL system. Don’t get panic but sure your employer will call you for the discussion. If don’t receive any call or invitation from your employer. Then after 10 to 15 days you can directly go to MOL with the complaint reference #.
You can proceed you problem.
Best of luck. In Sha you ll get your salary ASAP.
Hi sir. Im working here in dubai but 7 days before my probation ends they terminated me without any valid reason. Do i have banned? And how it will remove if there is banned? Thanks.
Good Afternoon!
I would like to ask only my situation. I work for my company for 10 months now and the Company gave us notice to find another job for the reason of our office here in dubai will close already. They will give NOC but can I ask if we have ban?
Thanks!
Dear Deepak
I completed my first contract(2 years) on August and then renewed in August ! I already resigned and on notice period and now company is asking me to pay 45 days salary for breaching the contract !!
Do I have to pay 45 days salary?
Hi,
I want to ask for help. I’m working around al wasl.It’s my 3rd month on probationary period. My problem is my collegue gave me a warning tip that i will be terminated or forced leave effective nov.1 .. And our admin didn’t give me any notice yet. What will i do and do i have the rights to complain? Hope you reply. Thankyou
Dear Deepak,
Greetings. One of our employee got into some police case and jailed for 2 days. He has informed us it is a small family case and will be settled soon.His passport with police and he is in a bail now. We have requested him to provide us the details police case report to understand about the case. Is it company’s right to know the police case of an employee? Or can he deny by telling that it is his personal/family issue only? if company can get it directly from police where we need to contact.
Please advise.
Thanks
Rajesh
dear sir,
i just want to ask about the situation of my wife,this coming end of the mnth she will be cancel of her employer,because they transfer the ownership of the store and the new owner will not absorb her.thats why she will b cancel.is my wife have ban?if there are what she need to do to lift the ban?is she entitled to noc?and if the employer did not give what is right for her,she can complain?thanks and more power.
jeff
Hi,
I requested for early release from my employer because of family concern. I resigned on 29th September 2015. Upon my the request my client agreed to release me on 5th November. But my consultancy is not ready to release me on the same date and asking me to complete the notice period (3 months)now or take unpaid leave and go to your home country and come back and serve notice period. But I am not able to serve that because of the turbulent situation at my home. I can’t promise them anything. My client does not have any problem, but consultancy is not ready. my client will release me on 5th November then where my consultancy will get work from me.
Now I asked them that I will buy out my rest days but my employer again creating problems saying there is no option for the buy out even it is mentioned in my offer letter” the written notice required for termination of employment will be 3 months notice or salary thereof by either party”.
Could you please suggest me what can i do. I want to know what is my right to get this early release.
Dear Sir,
I had complaint in MOL regarding my visa cancellation after serving 30 days notice period having unlimited contract. in the first hearing my PRO was there and he mention that in 7 days company will cancel my visa. The legal from MOL gave him 8 days. Please note my request is only for Visa cancellation not for any dues. The legal guy says to PRO that if they are not cancelling me he will refer it to the court. if i need nothing just cancellation can they still refer it to court. They can not do it there for me. I called my employer and they told me they will not gonna cancel it. Please advise i want to avoid this court scene cant able to afford all this.
Regards,
Syed
Syed,
Please let MOL solve this case.
Hello
I am working in free zone hamriyah currently….. i have some problem with my salary… when i signed my contract its mentioned that they will hold one month salary and will get back to the salary once we finished one year.but one of my colleague has gone holiday without that…..the time of passport issuing,the HR was informed that they are not able to give payment because they change the rule without informing the employee.
in this above situation will come to me….what i will do?????
Shaj,
Such decisions are up to the company to make.
Hi deepak,
Im been working in uae for almost 6months…still my contract(unlimited) is not updated online but i already have my emirates ID. Luckily, company has promoted me for a higher position. Should they need to give me a new contract for the new position?
Mika,
Everything should be written through the contract.
Hello, I am working with a company for last one year, my company was doing outsourced work of etisalat, due to some reason my companies contract got cancelled and including me 41 technicians are going to be terminated, some people are in probation period, some people below one year, and I had completed one year. For all my collegues I want to know. Are we eligible for NOC letter from our company?, to go for another job. Is there any payment(compensation) company have to give us? and are we eligible for return tickets.? Because company is not giving any of the same. For some people they had given final warning letter one month before and reason noted in warning letter is” poor performance”. it was actually a fake reason and we all know that, still we are forcesed to sign that.
All my collegues are confused and feared to ask the same in company and some people had already signed termination letter without NOC,payment and ticket . And I am waiting for my turn.
If you help me you are helping my collegues also, please kindly reply for this post.
Rinil,
You should never sign the letters under duress!!
NOC is not your right; but if you are terminated, MOL may consider no ban on you.
Ticket must be provided.
Hi Sir Deepak,
I would like to ask an advise regarding my situation. I already resign from my work because I find better job. Supposed to be I will take one month notice but my boss didn’t want me to take the notice instead he promise that he will cancel my visa and gave my last month salary. He give me that options to leave peacefully in his company. But, then now they already received the cancellation paper from MOL but I didn’t yet sign it because we both agree that I will have to received my salary first together with the cancellation paper. But, he keep on delaying it. He told me that it takes a long time for them to arrange my salary for the last month. So he to.d me to sign the cancellation paper first. But I font want to sign it without my salary. Before, he also ask me for a reimbursing the visa cost they spend for me but I don’t want to pay for it.
Please give me some advice.Thank you!
Athena,
Please do not sign any paper without receiving your dues.
Hi Sir,
I joined a private employment services company as a verifying officer. One week ago they called me into the office and coerced me into writing a confession letter which I signed under the promise they would give me a warning letter and allow me to continue work. This was bought upon me saying I submitted a false report after verifying a particular case, but I rejected their claims and told them I could prove my statement. he said ”We have proof that the report is false” The manager lied to me and under a false promise I wrote the letter. His words were ”Confess and we will give you a warning and let it go”. But after I signed the letter they provided me the termination letter the next day. They asked me to sign the termination otherwise they would take me to court after filing a absconding case against me. I signed the letter under threat and they called me to come down to the office to take my settlement. But when i came there, they provided me with less than my amount and forced me to sign the cancellation papers. I told them I cannot do it as this is not my amount and said this is cheating to take my hard earned money. After that they provided me with another statement. Even this was less but the head of PRO said ”Take the amount and leave or even this you will not get”. I again had to sign this under threat. When I asked him if I would get the passport after I signed the cancellation, he said ”You have 30 days after cancellation of visa in order to either get a new visa or exit the country-passport would be given at the airport during exit” This was said in the presence of other employees of the company also. My head of PRO told me ”to take the settlement even though it was not the correct amount and asked me to sign the cancellation and told me the reason they forced me to proceed with cancellation is because the visa issued expires in two days and the company would get black listed if they did not cancel it before the date. I intimated him, if i would get 30 days to look for another job after cancellation, to which he said, ”Oh yes, definitely you will get. Don’t worry, Sign the cancellation as it is almost 3 pm they will close the immigration office. I accepted and signed the cancellation and left the office to return home to Abu Dhabi. I then received a call from my supervisor stating ”Manager has informed me that you have only 2 days to leave the country according to the Head of PRO as we never stamped your visa, we only got the permit” I reverted asking ”Sir, I did my medical from my own pocket and have been asking you for a long time now about its status and always you respond its been taken care of and now you say nothing has been done”. He responded saying ”The head of pro said you have two days, we have already cancelled your visa after you agreed to it and now book your own flight ticket and leave in two days as we are no longer legally liable to you, you will get into trouble if you over stay”
Please assist me with regards to this situation as I have only one day left to leave the country according to the manager in the office. I would like to know what is that i could do with regards to violation of my employee rights as well as false promises and forced threats.
I checked with the immigration, they said because it is a public holiday now and there is only one day left it would be risky for me to over-stay in the country and narrow down on this deception.
Please assist me with regards to
1) What is it that i could do as an violated employee?
2) I have been asked to get my own Air ticket back home. Shouldn’t the company be providing me with return air-tickets as I was terminated during my probation?
3) Haven’t I been terminated for a reason that is not mentioned in the MOL reasons for termination.? If yes, what do I do to get back to my job.
4) Being forced to sign the settlement I received which was less than the actual amount, how do I sort this out?
5) I have been working since June 20th 2015 and until now they did not stamp my visa on the passport, is this against MOL laws of an employee being allowed to work?
6) I was deceived into signing the termination contract, What would you advise in order for me to continue work as this was a false statement which they used to coerce me to sign the statement.
Please assist, as I am leaving in a day but would come back and would like to take this up in MOL or any other government authority as I feel I have been violated and stripped of my rights.
Regards.
A.Jose
Jose,
1. You could immediately file a complaint with MOL in this regard. However, it may be too late as you have signed all the letters and company is safe now.
2. Company should provide the air ticket.
3. But, you have signed the letters!!!!
4. You should not have signed and should have asked for more time.
5. Yes, working without valid permit is illegal.
6. You have signed however!!!!
There is very little in your case here as you have signed all the letters in company’s favor!!
Good evening
Ive got terminated by my employer because of a text message talking about my boss but it wasnt sent directly to him but to my colleague and this colleague made drama and shown it to the owner to get me into trouble. what are my rights ?
thank you
Jul,
I can’t think of any rights.
It’s criminal to spread false news about others in UAE!!
I am not spreading any false news on that text message at all
Jul,
If you have not done anything wrong, you have nothing to fear!!
Dear Sir.
Am working in abu dhabi since 28 of march 2015 and now am resign on 1st Nov for 30 days notice period and it will end upto 30th of nov, as per our past experience our company not pay full amount of salary if any person left the job so kindly sugguest regarding it.
Now we not received salary of last month of Oct 2015 and what can i do???
Hi, I am working with my employer from last 2 years and one month. Now I am getting fired by the employer due to some unavoidable circumtances. will you please tell me how much gratuity and compensation I can get now by my emplyer
Chander,
Read:
http://emiratesdiary.com/uae-labour-law-2/limited-contract
http://emiratesdiary.com/job-tips/what-is-an-unlimited-contract-employment-contract
Submit here for gratuity: http://emiratesdiary.com/gratuity-calculator
my employer terminates me due to lack of funds and structure on their end , it was on the spot termination can i request a longer notice period before they cancel my visa so can look for a job. and what compensation should i get ?? thank you!
Louie,
No, I don’t think. But notice period should be as per contract.
Or they should pay you for that period.
Hi,
I actually had some queries regarding the Labour Ban. I was under unlimited contract for 3 years and I was terminated without warning letter with general misconduct. I completed only 1 year 9months and I hold a Bachelors degree.
My question is :
a) Since its a termination, will I face any ban once my visa is cancelled?
B.) If i get another job which is below 12k, can i join that company? Or will i face any ban?
C.) If company is Ok to issue NOC and cancel the visa will it work?
D.) What can I do to avoid the ban?
Najaz,
a. Yes, labour ban is automatic. but after jan 2016 new labour law, bachelor degree holders will have not labour ban.
b. Ban is applicable.
c. NOC could help you avoid labour ban.
d. Read: http://emiratesdiary.com/jobs-in-uae-2/how-to-avoid-6-months-labour-ban-in-dubai-uae
New Labour Law:
http://emiratesdiary.com/uae-labour-law-2/new-uae-labour-law-rules-by-mol-2016
http://emiratesdiary.com/uae-labour-law-2/new-labour-law-rules-764-2016-standard-offer-letters-and-contracts
http://emiratesdiary.com/uae-labour-law-2/termination-of-contract-under-new-labour-law-rules-2016
http://emiratesdiary.com/uae-labour-law-2/new-uae-labour-law-766-work-permit-granting-approval-and-labour-ban
Hi Deepak,
Pls i have a question,i was terminated with lack of performance reason and my contract was unlimited with 3 months notice period, i worked with them for 1 year and 6 months, they told me that they are not going to pay my notice period ,my question is are they going to pay my End of service gratuity with this reason of termination or i’m not entitled of any benefits anymore????
Many thanks
Mira,
You are eligible for notice period salary and gratuity.
I came from india in 27 january 2015 at a decoration company l.l.c. in dubai. company issue my work permit and contract in 27 march 2015. my contract was limited for 2 years. they stop my duty in 1 september 2015. because company was give me a new agreement letter for sign there was cut my salary. in my previous agreement my salary was 1200/- and in that new letter was 800/- so I refused for sign. they told me company will cancel you so stop your duty. company was hold my 2 months salary. now iam asking for my 2 months salary and air ticket for india and cancel my visa. they are making any new story every time. from one month iam waiting for them. they are telling to me if I will go to mol me need to wait up to last step. if employer not attend for discussion meeting given from mol up to 3 time, mol will transfer to the dubai court and if again employer not come in hearing in dubai court its take long time. they are telling me may its take more than six months. in case employer will not come in first hearing and the court finel the case again the employer can go to appeal court. for last proceed may it will take 9 months. already I wait one month again they are not giving my salary ticket and not proceed for cancel my visa.
1) what should I will do? I will wait again or complaint in mol.
2) can I go directly dubai court?
3) if I will go to mol and if my employer no come in any meeting in mol, mol will transfer my case to dubai court and again if my employer not come for first hearing in dubai court what will be next step? how I will get my salary and tickt from court? may how long time it will take?
4) there is not any strong rules if employer is not attend for discussion meeting in mol or if employer not come for hearing in dubai court.
what I do please guide me. please help me.
Ram,
1. Salary can not be decreased. You could file complaint with MOL on this.
2.No, you should first go to MOL.
3. Depends on the MOL decision.
4. Again, MOL will decide this. usually the company’s MOL systems are blocked.
dear sir good day,
my contract was limited for two years with a fit out company (L.L.C.). company pay my salary regular up to three months. after three months company hold my salary and in fifth month they was give me a paper for sign. they was cut my salary in that new paper (my previous agreement contract was for 2500/- basic plus 2500/- allowance total 5000/- and as per that new paper they was given me for sign 1500/- basic plus 1500/- allowance) so I did not sign in that new paper. they told me that they will cancel (terminate) me and they stop my duty. but they did not pay may previous 2 months and 8 days salary (hold by company) also not cancel. every time they told me wait. after one month ( from stop my duty) I filled a complaint in mol. nobody came to mol from company for their all 3 discussion message from mol. after mol transfer my complaint to dubai court. dubai court was given me time 4-oct. 2015 for first hearing. in the first hearing my employer was not come and they told me you come tomorrow and go to room no. 118 (I think registration) and then room no. 112 (notification). next day I go to the court. in that notification section an officer told me 21 oct. 2015 will be finel and you will get cheque. ( iam confused because he was speak arabic plus english so what is meaning of that cheque. bank cash cheque or check?)
now my question is.
1) court will give me that my claimed money by cheque? or that was my mistake for listen and understood.
2) if company will not pay how the court will pay.
3) they told me 21 oct 2015 will be finel that mean me no need to go for hearing any more?
Rabindra,
Since your case is in the court, I would not like to comment.
The court decision will be just. All the best to you.
dear,
iam working in hotel i have unlimited contract my contract is two year i want to ask you if i regine with in 11 months should company give me air ticket to my home country. plz reply me fast soon as possible thanku.
Sandeep,
No. Only upon termination is the company required to pay ticket.
But you are entitled if written in contract.
Hi Deepak,
Before 2month I joined one small company as a site supervisor but my visa is worker visa and I don’t like this company.if I resign my job and I can pay the visa amount and please tell if possible to escape from ban.
Sahib,
You do not have to pay any money. You may not be able to escape ban.
To avoid ban: http://emiratesdiary.com/jobs-in-uae-2/how-to-avoid-6-months-labour-ban-in-dubai-uae
hi Deepak,
Our company is facing a possible closure. I would like to know what are the rights and compensations entitled to us. We are working for almost a year now and we are all on unlimited contract. Thanks
Aly,
You should be paid your salaries and other benefits like gratuity, leave ticket, leave encashment etc.
I have been terminated after 10 months of working in a limited contract. The reason is incompetence. They have given me termination letter with 25 days to hand-over my job. Prior to this, I did not receive any written warning that i will be terminate if such reason exist. Is the process they did is legal? If so, what are the expected end of service benefits? Thanks in advance
Dinishree,
If you feel the termination was arbitrary, then you could file complaint with MOL.
You are not eligible for gratuity as your LOS is less than a year.
Hi Deepak,
Can someone on leave be terminated, the applied leave is over due yet he is communicating. But operation is getting affected already because of his absence due to being sick.
Anne,
If you do not inform about your absence or sickness, company has rights to terminate the contract.
Hi Deepak,
I was given an end of service letter last week and the reason they gave is they no longer required my position and given a 2 months notice, can you kindly let me know my entitlement. Work with them for 9 months.
Thanks a appreciate your reply.
Regards,
RNIE
Rnie,
Please submit request: http://emiratesdiary.com/gratuity-calculator
Hello Sir
Respected
As i want to discuss with my problems about my company has planning to terminating me. because of Absence from duty. I request them I will resign it if the condition is like that but they refuges and tell that you will terminated. i completed my 6 months periods. So, sir could you please help me on that matter, because i want to work another company if i get job. so, what is my solution. it will ban or not.
And sir, please let me know this details to send on my personnel email id [email protected]
Dear Mr. Deepak,
I was recently terminated for gross misconduct under labour law 120.
So i know i won’t be getting notice or gratuity.
But what about my outstanding wages for the month (around 20 days)
vacation pay around 25 days
and the public holiday pay?
Please let me know.
Thanks
Nirab
Nirab,
Outstanding wages must be paid. Leave must be paid as well.
Dear Sir/Madam,
I was working as an Area Sales Manager for 31 months on an unlimited contract with one of the biggest group companies from Dubai and was terminated with immediate effect, there was no prior wrning letters, no complaints and no black marks during the tenure.
Will appriciate your help in giving me the information on the notice pay for the termination of Unlimited contract is it three months or one month?
Thank you and looking forward to have your reply on the above request at the earliest.
Kannoth,
THis is a case of arbitrary termination.
Read: http://emiratesdiary.com/job-tips/what-is-an-unlimited-contract-employment-contract
Good day Mr. Deepak,
My company has terminated my employment in my 6th month (limited contract) as they are planning to close the business already.
They issued NOC. It also states, “i was terminated during the probation period” and no other reason for termination mentioned.
I received salary below than what was offered to me (AED1500 instead of AED2200). I didn’t complain anymore since i don’t want to make things complicated.
I understand i will get an automatic ban. Will the NOC they issued will help me?
Thank you so much. God bless!
Leah,
If you have NOC, you could avoid labour ban.
Also since it is termination, MOL would no ban yuo.
Important: As per the new labour laws, bachelors will not face labour ban.
Dear sir,
Good Day! I am working in sharjah in an engineering and trading company in procurement division, I have completed 1 year 9 month ( 1st visa ). Now i got a new offer and i want to resign from my job.
Educational Qualification : B.com ( Certificate Attested )
1. Is there any Ban for me?
2. if Ban. What would be the Salary for avoid Ban?
Thanks,
Saifur
Sarbjit,
1. Important: As per the new labour laws, bachelors will not face labour ban.
2. As per current rules it will be 12K reqd. But as per new law, you could avoid ban but that is effective Jan 2016..
Dear Sir
I was working with company dubai. i worked there 2 years 3 months and for a financial mistake from my side company terminated me in short period in article 120. can you plz tell me is it my right to get remaining annual leave and gratuity?
Regards
MD Asif
MD,
You may not be eligible for anything under Article 120.
Important: As per the new labour laws, bachelors will not face labour ban.
Hi
I have done my promotion last 3 months back
And i have contract its short team promotion for 1 months only but i didnt get my money till now what can i do
Arbeena,
Sorry, I am unable to understand what your query is.
Dear sir, im under probation when i was terminated under unlimited contract, and i was hired from the philippines under a human resource company, will my company send me back from my country of origin? is a six month ban automatic? i want to find job in a freezone, is it possible not to go back to my country of origin perhaps a request to the p.r.o. not to send me back? in my contract signed under hot kitchen commis, prep cook. but after a week on duty at the hot kitchen, the manager assigned me to butchery section, for the reason that they have too many personel at the hot kitchen section, the general manager said that i will be making items for the grill section e.g. lamb kabab, tawouk, bread, mincing kabab. but after a week they are asking me to work at the grill section, which i strongly disagree. because of the nature of the work which is beyond my knowledge as ive said im a hot kitchen prep cook. the manager always wants me to finish my work at the butchery faster so i can work also at the grill section. this is the reason for the heated argument we had, that resulted for my termination because i abandoned my work the same day, did the company violated the contract? for assigning me to different section, and not as what stated in my contract as a hot kitchen prep. thak you deepak. please take time to answer my questions thank you.
Mel,
Yes, after cancellation, within 30 days, you should exit.
Yes, ban is automatic.
Depends on your company whether they let you stay on the visa.
Company has the right to shift you to the job they decide.
It is better not to argue but to talk in a friendly way and try to solve the issues.
Dear mr, Deepak
can i please know your number or Email.. i wanna ask you few questions regards my contract , my company wanna cancel or terminate my contract and i`m just 3 month with them. what shall i do?
Kareem,
I do not recommend emailing or phoning me.
You could face labor ban.
Important: As per the new labour laws, bachelors will not face labour ban.
I am on unlimited contract, and terminated in probation period, what rights should I claim from my employer, I don’t want to stay in UAE so by UAE labour law they have to provide me air ticket or no?
Jadoon,
During probation, you do not have many rights. However, you should be paid for your days worked.
Sir
I have some questions to ask, am working in Abu Dhabi as a Mechanical Engineer my visa is Limited Contract. I am planing to do masters, I resigned but my company doesnt accept my resignation instead offered me to do masters and get back to the same company and they will not cancel my visa. I have questions kindly answer the same
1. Am i Eligible to get graduity as i have completed 3 and half years of my contract with them.
2. If i dont land within 6 months back to UAE, does my visa cancels automatically ?
3. If visa is cancelled will i get a Ban ?
Regards
Sameer
Sameer,
1. Yes.
2. Yes, that is true.
3. No. Usually engineers do not face labour ban.
Good day Sir; I was terminated today by the general manager, my store manager and I got into a heated argument yesterday, so i decided to abandon my work the same day. I am working as a commis chef here in dubai u. a. e. can you please help me, i need an expert advise about the legal and technical terms and condtions.
Mel,
Sorry I do not provide any legal advice.
Mr.deepak,
Please kindly inform me what i have to do.i have been employed to outsource company and they give me a terminayion without any warning letter in the same day i receive immediately effect when i come to office and i keep asking yhem because its more than 2 months without any job.i keep on searching a work but always in the final interview i failed because of that termination.i got a new offer but less than my salary my previous salary is 5000 and got a new offer for 3200 is it possible for me to transfer from other company even thought i work just for 8 months?thanks and please advice me what i have to if they are not providing any NOC.
With termination, do you have any other option? It is better to take up the new offer in your hand.
Get your termination letter and in case you have a labour ban, show this letter to MOL and they may help in this.
The Federal Government have already declared last 15 September 2015 that Eid celebration will start tomorrow, 23 September 2015, I was informed by one of our employee that if I will not go work tomorrow, they will deduct it from my salary and penalty of seven days
Can you let me know the next possible step I should do
Thank you
Divino,
That is absurd! Govt holidays have are mandatory.
If you have to work on these days, you must be paid overtime or compensatory off.
Dear Deepak,
My company terminated me after 7 months, they just give me prior notice 30 days, I am under unlimited contract, please advice what can i ask from my company?
Extra Salary?
Air ticket?
NOC?
and is there any ban on me?
what are my rights?, please advice,
thank you in advance,
regards.
Bilal,
Extra salary=No
Air ticket=Yes
Noc=Yes
Labour Ban is automatic.
Read: http://emiratesdiary.com/job-tips/what-is-an-unlimited-contract-employment-contract
Good Day!
Hi; Myself farooq khan, I need an legal advice. I have work more than 20months in a company now they terminated my employment contract on 27th August within a week just cause I reached the location 30minutes late!
Follow the second day they send me termination letter and had ask me to come office for final settlement.
When I go to the office, company’s legal manager approved my final amount which includes (august salary + vacation leave salary + gratuity + ticket allowance ). But I received only 1/3rd of the amount cause not availability of cash at the same time. Furthermore they asked me to come next day..
From that day until now I’m calling them, before they don’t want to talk to me. I’m visiting to daily office also but still its not worth it .
Can you just tell me what I can do at this situation..
Your prompt response will be highly appreciable.
Thanks for your time and consideration for reading this.
Farooq,
Sorry, I do not provide any legal advice.
Hello Deepak,
i have an emplyee who has completed 7 months with this company. he is terminated because of non performance and biggest blunders at clients place.
my question is after i give him termination letter .
1. how many months notice he shloud serve?
2. how many months salary employer should pay to employee?
3. should an employer give return ticket?
4. any thing else you suggest in this situation?
Thanks!
Mahi
Mahi,
1. Notice period as per the contract or as per UAE labour law.
2. salary should be paid till the last day. For limited contract, read.
3. Yes, upon termination, company should give one way ticket to the home country.
4. You should make sure that the termination is not arbitrary.
I was terminated after being sick and going for an eye operation in my country. I spent 4mnths in my country but i used to send email to my company noticing them my whereabout i returned to dubai bt they terminated me And i have been in my room for 3months without any salary. My question is can i claim for gratuity or not
Frankie,
Read: http://emiratesdiary.com/job-tips/sick-leave-per-uae-labour-law
If you have spent more than a year in the company, you are eligible for gratuity.
Sir,
I already terminated and I want to ask about the money that company give. I’m 6yrs in this company and only they will give Dhs.13,221 not include my ticket. It is right? Only this amount of money l get in my company?
Nimrod,
What is your basic salary?
Hello Sir,
I am presently working as a General Accountant, My company is an accounting services company. I go to each client on part time basis and do their accounts. I am on an Unlimited Visa, this is my first job in UAE. According to the Contract my 2 years with the company gets completed on 15th of April. My Visa expires on 10th of April. My Company’s trade licence is due on renewal on 9th of February 2016. However my company does not want to renew it’s trade licence. So If they don’t renew their licence, it will be only 22 months of my service rather than 24 months. Will there be a ban on me in this case?
If they renew the licence and after the expire of my Visa, If they transfer my visa to another company, Would I be eligible for End of Service and Leave Salary Benefits from my present employer? And are there any UAE laws stating that an employee has to get an increment in the salary after so and so period? This information would be really a help to me, Please help me with this information.
Thanks & Regards.
Amtush,
if it is company’s fault, you won’t have any problem.
EOS must be paid.
Regarding Increment?
Good day,
My brother was advice his last day of duty Sep 05, 2015 he is Terminated same day then wait for update in 15 days our concerned is he didn’t received any notice prior to Termination and Copy of Termination paper, I check his contract under Unlimited now they are keep asking for my brother Passport and ID’s to settle the issue, his been in the company for 9 Months. should we ask for the NOC and Severance Pay for this ? before we give what they need?
Thank you
John,
There is no severence pay. Better to take NOC.
dear sir, good day
iam in a very big problem, please advice me. I have limited contract for 2 years and probation period was 6 months. my company pay my salary up to 3 months. after 3 months my company hold my 2 monthes salary and in 5th month my company give me a new contract letter for sign. in that new contract letter there was reduce my salary by 40% ( in my previous contract letter my salary was AED.5000/- and new contract letter was AED.3000/-) also in that new contract letter was write it will effect from last 2 months (from that salary company was hold on). so I didn’t sign that new contract letter. my boss told me if you are not agree for this contract letter you will be terminate. I told him ok you terminate me. they stop my duty. I wait full one month but they didn’t pay my that 2 Months salary also no cancel. after one month I complaint to mol. we ( company and me) have meeting in mol but my boss switch off his mobile and absent to go mol. mol told me come again in next message . again my boss not come to mol and mol told me come again next message. during this message I waste my 3 Months although in last message from mol my boss not come to mol. then mol transfer my case to dubai court after last message from mol. I go to the dubai court and they give me time for first hearing for 4 oct.2015. iam asking just my holded salary by company and one way air ticket to my home country. any company can absent to meeting in mol? why mol no any action for that company? the company again can make absent in hearing in dubai court? like mol. company stop my duty from 10th june still iam not getting any result. my boss is telling me let you stay for mor than 9 months. I don’t want pay your salary you do anything. iam very sad from dubai labour rules and law. company can do anything with labour? there is no any action for company in dubai rule and law? this is not fair with me. what can I do? please sir iam in serious problem advice me.
Rabindra,
Your case is already in the court, You have to wait for it.
Hi mr deepak. I wanna ask you about it happened to.i am terminate in my company without warning then actually i have mistake but is not a big deal. I also working 1 year in 5mos. It means im not finish my contract so the question is they will give my remaining 9mos for complete 2yrs coz they are im terminate?what im rights about this?
Rod,
Your case is of arbitrary termination. You could approach MOL in case you feel your rights are violated.
I have limited contract for two years and six months probation period. my company give my salary up to three months. now my company hold my last two monthes salary and now they are giving me a new contract letter whwre reduce my salary by 40% And also it will effect from last two months. I told to my company iam not agree for this new contract then company told me you will terminated. and they stop my duty but now already one months finish but not terminate. I complaint to mol my company absent all meeting in mol and mol transfer my case to dubai court. ev!n now iam not getting my salary and cancel. what I do
Rabindra,
You have to wait for the court date!
HELLO MR DEEPAK,
HAVE COMPLETED A YEAR WITH MY COMPANY IN UNLIMITED AGREEMENT. HAVE GOTTEN A JOB IN FREEZONE. AM I ENTITLE TO GRATUITY AND WILL MY ONE MONTH SALARY BE WITHHELD BY MY COMPANY IF I RESIGN WITHOUT NOTICE.
THANKS
Mike,
If you have completed your 1 year, you are eligible for gratuity.
Read: http://emiratesdiary.com/jobs-in-uae-2/gratuity-calculation-uae-labour-law-unlimited-contract
Dear Deepak
Greetings
I have complicated my one year of services and i had been to Vacation for one month with two way tickets as per the offer letter.
The day i reached Dubai i was informed to report the Job from next day, employer forcing me to provide them an Resignation letter . Which i asked them for reason they are tilling me that Cost Control.
Kindly advice me what to and where to go.
Regards
Deepak
Deepak,
What complications did you have??
My employer if raising false allegations and they have issued me suspension letter citing labour law article 112, its mentioned on the letter that i will not be paid my wages during the suspension period but they fail to declare the term of suspension. What will be the maximum number of days they can hold me without pay ? What further action can i accept from my employer.
Krishnan,
I think it is 10 days.
But please read UAE Labour Law.
Good evening, I was given an Eos letter yesterday. They said that they don’t want my services any more. I want to know if I can raise a lawsuit against them. More over I was on a vacation and i came back on 22/08/2015. They said that they will pay me what is right fully mine and the one month notice.
What is your advice?
Thank you in advance.
Fadi,
If it’s an arbitrary dismissal, then you could file a complaint with MOL.
Hi Deepak,
I have worked in a LLC company since last 10 & half months in DUBAI. one fine day they issued me the 1st warning letter & then the termination letter within a gap of half an hour. Though I signed both the warning letter & the termination letter under pressure of the management as they are capable of filing a falsified case against me in case I didn’t sign. Later I filed a case in labor for arbitrary termination as I wasn’t even given 1 month notice before termination. Reason mentioned on my warning letter & termination is poor performance & not anything else. They haven’t even handed over the copy of warning letter though I have sent an email to them twice. My passport is also with them & they have told me on email that they will release it only after visa cancellation. I understand that they can’t even cancel my visa till the time the case is pending. The MD threatened me that he is a local (though he is not) & have different way of operating & he further tried to scare me by saying that there was another manager who filed a complaint & they screwed them up & down for 8 months. I have recording of this conversation when I was called by him. Please guide me how long is the court case likely to take. Can the recording help me? Mine is a limited contract. How likely do you see that I will get 4 months salary & how soon probably.
Eagerly awaiting your response.
Thanks and Regards,
Sandeep
This has been answered. Please refer to your previous comment.
Hi,
Good day!
I am writing to your good office to seek for legal advice. Last September 15, I received my termination letter. On the spot they terminated my contract (unlimited) and advise that day will be my last day of work. In my termination letter, it was indicated that it was due to lack of performance, though they terminate me Sept 15 they will be paying me until October 15 which serves as my 30 days notice. It also indicated that I will also be paid for my accrued annual leave days which have not been used. My questions are:
1. Am i entitled for air ticket convert into cash? I joined the company october 10, 2014
2. What is my chance of winning if I file a complaint to them? I commit mistakes I admit, nobody’s perfect but I didn’t get any warning that indicates that I will be terminated if I repeat those mistakes or even performance review after 6 months of my tenure in the company. Ive been working with them for almost a year If they are not happy with my performance they should have not wait this long.
3. They keep on following up my passport. They said they need to hold my passport and eid for cancellation purposes. Is there any rule regarding this? or can I keep my passport with me until October 15?
4. Will I get ban?
Thank you
Sorry, I do not provide legal advice!
Hi,
I have been working on a company for almost 5 years now. For 3 years, they did not process my Labor permit rather only on my 3rd year (2014). This year, we changed our contract and paid me EOS for my 1year of service. Now, due to the apparent discrimination, I filed for resignation last Aug which they approved at once. Upon some deliberation with the client, I revoked my resignation and the company did not reply. I told them that they have to, it’s either reinstating me or terminating me.
The company replied that either way I will not get any EOS as I am still on probation. First, it is already 8 months after the new contract was signed; and second, on our new offer, it says that the probation is waived as we are considered as old employees.
Can I claim severance pay if I get the termination letter? or what are the benefits that I should get from this.
I am under a husband’s visa and they have used this for 3 years (the reason why I am a floating employee) and they have been discriminating me from the start. Is there a way i can file discrimination on this? What should I do?
Thank you and have a good day.
Pam,
EOS should be paid from the first date of employment.
Probation period is for 6 months maximum.
Even if you are on husband’s visa, you must have a labour contract.
my 2 year limited contract is about to expire.i want to switch to different company .should i go back to my country and wait for new visa before i can return to UAE or i can still renew my visa status here without going back home.
Hi deepak,
I joined a company in 2015 april.I got terminated without any warning or so.Moreover since eid is coming i have cancelled my visa.kindly tell.me i have mba.will ban be imposed on me or what.moreover should i ask for noc to.my company.
Mudassir,
Usually post graduates do not face labour ban.
Thank you for your Response!!!!!
Means I can come on visit again and search a new job?Moreover what is your advice should I come and hunt now or wait till January?
Regards
Mudassir,
You could come now or in January.
Dear Deepak,
I am working in a big construction company for past 15 years and resigned recently after getting another employment. My old company is asking me to sign the ‘Electronic work permit cancellation’ without giving the end-of-service benefits. They informed that the amount shall be given only after my visa is stamped in the new company. My colleagues are advising me to sign the cancellation as I may lose the new job. I request your advise in this regards.
Recently my company is failing to pay the end-of-service benefits in time for all the employees and they are delaying it by four months as the company finance is not good. In case, if I sign the cancellation paper without getting the end-of-service benefits, how can I file the case in MoL. Kindly advise.
Regards,
Hameed
Hameed,
Nothing like that. They should pay you the EOSB before the cancellation of visa.
It is your risk if you agree to their terms. But I suggest you make sure to receive it before you are cancelled.
Hi Deepak,
I am working in uae for a company for more than 5 months, am in my probationary period and now they have terminated me (Reason being, bad at my job) as i am a salesman i didnt provide enough sales, they said i will get my termination letter in 2 to 3 days time, Then i can have 28 days time to search for another job.. I have an unlimited contract. The employer said, i wouldn’t get my salary and no air ticket back home (India).. I need to know what are my rights and can i request (or demand) for my balance days salary?. Thanks for your help in advance.. Awaiting for your earliest reply.
Arshad,
Yes, once your visa is cancelled, you would have up to 30 days grace period to stay in the UAE.
You should get paid for whatever time you have worked.
hello sir
i resign in my company but i finish 1 year 9 months should i pay the company for being not complete my limited contract?
and should i take my graduity period?
Cesar,
You may not get gratuity!
Hello..
I was appointed on limited contract on june.201now on 10.09.2015 i m terminated bcz of low performance. I have got new job from other co also.
Will i face any ban ??? What should i do to avoid it???
Mayur,
Labour ban is automatic.
Read to avoid labour ban: http://emiratesdiary.com/jobs-in-uae-2/how-to-avoid-6-months-labour-ban-in-dubai-uae
Mr Deepak, Please advice.
what can i claim from my employer for breaching of contract. i am currently in court and my employer has been absent for all the meetings. Noe the court ask my to prepare what i want.
Delphine,
Depends on your case and the reason why you are in court!! None of which I know!
Hello Mr. Deepak,
I have been working with a company for 1.5 years and they decided to terminate my contract for “inputting wrong information” that has not affected the company in anyway possible.
I did not even receive a warning, it is clearly just office politics. They wrote in the letter that they are giving me a month’s salary as per the UAE law and also the gratuity.
I am supposed to meet next week to sign the final papers and receive the final settlement and all other dues payable.
I believe this is a termination with prejudice. Should I file a case in the MOL? I only recieved the termination letter 2 week s ago.
Does this also mean that I have a labour ban or can i request for a no objection?
Thank you,
George.
George,
yes, you could file a complaint with MOL.
Hi Deepak,
I joined in June 2015. It is unlimited contract am still in my probation period. Completed only 2 months. Last week my manager informed me that on account of downsizing management may decide to terminate me so he asked me to look out for other vacancies and the company will do whatever help is required. To remove my ban NOC letter alone is enough or even the new offer should be AED 12000 (My current visa is based on my Masters degree) or is it possible to request MOL stating the reason to release my ban. Because its not my fault though.
Pls give some suggestion.
Vaishnavi,
Usually master’s degree holders do not face labour ban.
I have been terminated due to some small reasons i already signed my termination letter my contract is 2 yrs but i just finished 1 yr and 6months and its mention in letter that i will just reveived 1 month salary in this case should inreceived a gratuity and 3 months salary?? And they just give me 1′ month period to get job if i want to request them in giving me 2 months more coz it was tough to find job in a month. Can u send me an email how to write if i want to request in extending my visa by the company. I spoke to them and they say just send us e mail thanks
Czarina,
Please allow me some time.
hi, i just finished my 14 months in my company, and i want to resign and look for the better jobs. because my company they’re not giving full salary sometimes late salary or they only give half of our salary. i want to make complaint to MOL but i am afraid maybe they will give ban, what should i do resign or make complaint to MOL so that they can Terminate me instead of resigning.
Vladimir,
It is up to you to take decision. I can not suggest anything.
However, if you feel your rights are being violated, you could complain to MOL.
hi sir
i have terminated from my company after 1.6 years of my service with some silly reasons.anyway i accept my termination with one month notice period and they ask me to stop work.now i completed my 22 days but sill they did not settle my dues and still am not signed my cancellation.so kindly give me a solution if they do not settle my dues within the notice period also please tell me about the rights which i can get from my company..
note:my contract is an unlimited one.my basic is 1000AED
Sarath,
Before cancellation of your visa, the dues should be settled.
Sir my company is terminate to me according to 10 absent and 6 sickleave. But i have company housing loan i have no income resorce my contact is 3 year but iam working 2 years here so if company terminate to me i have pay my housing loan for my company or not need pay in terminate case so plz cleare me about my problem according to the uae labour law.i must pay or not plz cleare me and also i can get experince docement or not from my company .my visa is free zone visa .
Radha,
yes, you have to reimburse any loan that you have taken from the company.
Dear, i am working in Dubai in one Company as an Secretary cum Receptionist and i have just finished my 10 months then the Company send us notice that they will close the business already. I don’t finish yet my Contract and I pay 2000aed for my visa release as they demanded. And I’m waiting also for the final and formal letter from them but just email forwarded to me that they informed us for the release.
i just wanted to know that what is my rights and what can we get in our Company. Can we get gratuity, our last salary and leave pay?
Thanks! Hoping for your advice.
Rizza,
If the company is closing, you must get your salaries till the last day plus air ticket to your country.
Hi Deepak
I am working for a free zone Company for the last 4 Years and have recently renewed my contract in the month of June 2015 for another 3 years. Now my employer has terminated me for a reason which is related to my work without giving any Notice. Now he is willing to pay me only 2 months of my salary as a termination fee. Can u please help me and tell if it is the correct amount that i should be receiving or Should i be receiving a 3 months salary due to direct termination without a valid Reason. Please Help me with this Situation. Thank You in Advance
Reginaldo,
besides severence, you should receive gratuity as per the law.
I was terminated in my job as a Manager and told me that effectiveness will be immediate. Grounds was a failed twice the audit, 85% the passing, I got only 80% grounds was a failed their service standard that might have impact on sales. Our sales was beyond budget for almost 6 months now and had a very nice profit. No notice was given to me. I work there for 5 years, 5 months and 28 days to be exact. Besides for my gratuity, do I need to asked for severance pay?
Rosemarie,
No, I don’t think.
But certain companies do pay severence pay.
Dear Mr.Deepak,
Otober 9,2015 is my completion of 2yrs.contract.i just want to know f i have a right not to renew my contract?and it’spossible that i cant go back to my home country can i use exit to kish?is it legal procedure?and my sponsor didnt give me a ban?tnx
Alex,
yes, you do have the right!
Once cancelled you must exit.
Dear Deepak,
i was working with one of the big brands in Hospitality in Dubai, as Head Chef since January 18th 2015.
i was fired on 23rd of August 2015, without any prior notification. The reason stated in the letter was that company is”restructuring”.
But i am pretty sure this the case of “Racism” as my second in command has been retained who is Italian national. He has been retained even though he received final warning letter earlier from me for poor performance.
when i was very new in the job i was told not meet the guests as i am not Italian and they realized it after hiring me. And infact as per companies Brand standards the Head Chef should Be Italian.
On several occasions i have been told by many colleagues who are working in the company for long time that its true.
During Ramadan our outlet was closed and we were forced to go for vacation.
Now HR is asking money back for that time period.
Also i was assured by HR manager that my VISA will not be cancelled till the time i find a new job and i can stay also in the apartment, but now they are asking me to submit my passport and other cards for cancellation.
Kindly also let me know what should be my proper compensation as i had spend more than 7 months in the company and probation period being 6 months. My visa is valid for 3 years. Kindly assist me.
Nath,
If you feel there has been some development that you do not agree to, you could file a complaint.
HR can not ask salary back when they themselves sent the employees on holiday.
I recommend that you get help from competent lawyer.
Hi!
I am working for a company in an unlimited contract for 10 months now. Sadly, they issued me a termination letter citing that they are hiring a new guy to replace me. They said they will do everything to help me avoid labour ban because my performance is very good (also cited in the letter). I am looking for a new job now. Can we lift the labour ban? Because the reason for my termination is not of my shortcomings but its just that they want to hire a new employee in my place. And what can I expect to received from my company like severance pay etc.? Thanks for the help.
Matthew,
To avoid ban read.
So, can we lift the labour ban using a No Objection Certificate only? Because my termination is not my fault. I am doing well in my job and my company suddenly decided to terminate my employment.
Matthew,
yes, you could avoid labour ban with NOC.
Hi Mr. Deepak,
I had a discussion with my employer today, they said they will not issue an NOC until I find a new job. They said, I need to find a company that would accept me first before they will give me an NOC, because they will put the name of that company in my NOC. Isn’t it possible for them to just give me an NOC stating that they are allowing me to join another company?
Matthew,
Yes, possible.
Hi Mr. Deepak,
Thanks for your help.
So if I am not able to find a new job when they cancel my visa, they can just give me an NOC stating that they are allowing me to join another company to lift my ban. Because my notice is until the end of this month only. And regarding my final settlement, what are those that I should receive from them?
Matthew,
Please post complete queries or use: http://forum.emiratesdiary.com/
I have completed 10 month in a company he did not give me salary properly as per my labour contract its 2.5 k e gave me less only but after 10 month I went and gave a complaint in MOL then he got a msg and we made mutual understand and I took my slary and NOC from my company to search another job he told me to take the case back and I did he gave a pdc cheque on oct 14 of my pending salary NOW I a got new job if I go and cancel my old visa will I get a ban please let me know. ASAP ?
job and now if I cancel my visa
Sultan,
yes, labour ban is automatic if you do not complete your contract!
Dear Deepak,
I just got the letter today about my position is no longer needed. I am on a limited contract and worked for 6 years.
They offered me 2 months severance pay and all other entitlements.
I think it should be 3 months but which article can I show them please.
Thank you.
Linda
Aishah,
For breaking limited contract, company should pay you 3 month salary + Gratuity + One way ticket + Notice period salary + encash leaves not utilised.
Read: http://emiratesdiary.com/uae-labour-law-2/limited-contract
Dear Mr. Deepak,
Good Day!
How can I make a proper claim if my Monthly Salary is 5,000aed but my contract states 2,500aed?
I was incresed a year after but never had the chance to change my contract.
Was there anything I can do to have a better calculations of my Separations?
I hope you could help me on these matter.
Thank you in advance.
Glenn,
Did you receive any increment letter?
Dear Deepak,
i have worked as production manager in a company in Ajman for 5 years,my labor contract is a unlimited contract.
my visa expired on july 27th,i had notified the company on may 4th telling them i am unwilling to continue my employment with the company & not to renew my visa.after my visa expired niether did they cancel nor did they settle my 5 years of service ,i also have to receive 24 days of leave salary.they asked me to submit my emirates id & passport,but upon contacting labor department i was advised not to give any documents until i receive my settlement.
Hence i filed a labor complaint,& they informed the labor department by sep 3 rd they will come to an agreement .
but now they are threatening me saying that they will file a case against me saying “i have caused loss to the company’.i am going to the labor department tomorrow & convey the same.
is there any reason i have to be worried about the company filing a case against me?please advice
Rijil,
Immediately complain to the MOL that the company is threatening you.
Working from Feb 2014 under Unlimited contract in Internet city (Mainland Visa). Was fired within 6 months of probation for no reason. I signed it but they gave me option to work as a freelancer for 2 months until I find another job. And so while I was looking out, I was unfortunate because of Ramadan season – however, my company offered me a job again and so I happily accepted it – but the trick they played was – they made me sign only freelance contracts and kept saying that it would take some time for making a permanent contract again. It went on for 6 months – and then I wrote them an email saying that they should pay me double the amount, if i am made to sign a freelance contract again. They negotiated and made me sign a final 4 month freelance contract with some little hike. Close to the completion of this contract – I informed them that I would like to take off for 15 days before my new contract gets renewed. They said allright and gave me NOC too to make my trip for vacation. Few days before me taking off for my vacation, they informed me that my contract wont get renewed and another person is hired to replace me in my position and the freelance contract that I signed has a mention of 24 hours notice. – Without weeping, I had to cancel my trip and stay back looking for job but was unfortunate because Ramadan season started exactly then. Then, I was asked to come to their office to get done with visa cancellation process. I checked with MOL and a legal consultant spoke with me saying that I am still an employee and I should claim that any other employee would claim for. I filed a complaint in Ta’sheel and its been a month now but no one seems to respond even after continuous follow up. My company on other hand is ready to fight this case with me in the court with their expert lawyers. I need to get out of the country soon as its been 3 months now that I am without a job and survival is becoming difficult. What would you suggest me to do at this stage ? Can I give power of attorney to my cousin here and can I leave the country ? What all you think I can claim for ? (Note: I was also given no medical insurance as they said I was on freelancer contract, gratuity and leave allowance)
James,
SInce you have already filed your complaint, you should wait for MOL to respond.
It would not be right of me to say anything.
sorry forgot to say………… if any ban is it starting from the termination date or cancellation date??
many many thankxx
Annissa,
Labour Ban is automatic!
Hi dear… kindly could you pls help.
I had been terminated while on emergency leave (mother heart operation ) by en of march, was still on probation period… then sent passport for cancellation… then cancellation done on 18 june 2015… and now i have job offer… do I have any ban in such circumstances? if yes, for how long? and how to avoid it?
many many thankxx
Annissa,
Under probation your employer can terminate you but not while on leave.
Read: http://emiratesdiary.com/job-tips/annual-leave-per-uae-labour-law
Hi. I have been terminated by my company 8 days before my probation ends. I have limited contract. Company is saying they can give me NOC to let me find another job and complete my driving license procedure. I need to know will this NoC benificial for me or its just the trapping trick? Am i entitled of any pay from company side? As far as my information is concerned the cancellation letter itself mention about 28 days time to stay in uae to find job. Will i get salary in this 28 days time? Kindly advice what should be my chioce cancellation or NOC???… before probation!!
Akhtr,
I don’t think you will have any benefits while being terminated during probation.
Yes, NOC may help. So take it.
Hi,
I am in limited contract. Its been 1.6 years so far. Due to some internal issue the company decided to terminate my service.
Am I eligible to get any benefits from the company?
Will there be a ban for me if i get terminated within 2 years?
Seeking your reply on immediate basis.
Thank you in advance
Mohamed,
Read: Limited Contract
hi! my employer terminate me without any valid reason or warning letter.my contract is unlimited,i worked 13months in his company before he terminated me…i go in labour office to complain this problem, my question is…what demand i can tell to my employer?
Dinah,
You will tell MOL that you were terminated without a valid reason.
Dear Mr. Deepak,
Can you give me advice, this my first job in dubai, and I have passed 7 months, I have limited contract, now the company stopped may salary without any valid reason (some of my company’s branches infected with virus, and I have cleaned), I asked to my manager why you stop may salary and he told me that due to virus issue your salary has been stopped, but they didn’t issue me any warning letter or memo for that. and they want apology letter that this is my fault.
I have register a complaint in MOL on 9th of August, I have received the MOL SMS on 17th august, but my company didn’t received the SMS. I am going to my job but they threatening me verbally and said that we declare you as absconder and put you in jail. now I am very upset because of my family suffer due to financial issue, I am the only one who support the family.
Amir,
You should wait for MOL to get back to you.
Dear Deepak,
i’m working in travel agency since 2013 onwards, working as accountant got terminated (01st July 2015)without giving notice period and reason is saying that due to my negligence of my work company lost their IATA . And i did all the works and get them IATA back on board. this was happened in the month of May, Now the company is asking me to pay the loss then only they will cancel my visa. and each time they send me the different amount they asked me clear the loss.
kindly advice if the employee is really liable for the company loss after terminated?
waiting for the reply
regards,
Jackson
Jackson,
Yes, if an employee has caused substantial loss to company, they can terminate employee.
I have just completed my probationary period, but I want to clear up the UAE law for myself and my protections. I currently work in a corporate office without an HR department, and there is no one above my boss other than the CEO of the company. I have been having a difficult time with my boss as he pawns off all his work on me and I am constantly overwhelmed with the amount that I am responsible for. I will typically come in early or on time and leave on time or late, and I work hard without taking many breaks. If I am feeling demotivated and this has had a negative affect on my attitude at work where I can get a bit snappy and defensive, could I be terminated for this. I still submit the work that is given to me to the best of my ability and do not make many mistakes on the work assigned, albeit for small errors here and there.
Natals,
I can’t really speculate about your job situation.
Hi Deepak.
I am on a Unlimited Contract with me employer and it just been 2 months i am with the company, but there is something serious i need to address at my home place which need my immediate attention, can i ask my employer to release me immediately and cancel my visa?
I have already resigned although about a weeks ago….
Please advice…….
Regards,
Sarthak
Hi Deepak,
I am on a Unlimited contract with my company, and it just been 2 month I’m with the company, but there is some serious issue at my home which needs my immediate attention and my parents wants to come back immediately, Can i ask my employer to relieve me me intimidate and cancel my visa not to ask for this month salary and let me go?
I have already resigned 7 days back but things need my immediate presence what should i do?
Please help……
Regards,
Sarthak
Sarthak,
It is entirely up to the company to take such decisions.
Dear Sir,
I’ve been working in our company for 27 months. Due to 3 absence- sick in a month, the manager would like to terminate me. What benefits should i get if they terminated me?
My current salary is AEd5500 but the basic is 1350 only and in the labour contract my slaary is only AED3000. Do i get more on my gratuity? do i get air ticket as well? thanks!
Jen
Jen,
Read:http://emiratesdiary.com/uae-labour-law-2/limited-contract
http://emiratesdiary.com/job-tips/what-is-an-unlimited-contract-employment-contract
Gratuity Calculation in case of termination.
Yes you will get air ticket.
1-my company called me to office and told me I was sacked on 9th this month
2-they stated that my performance was below expectation
3-I joined the company this year at the start of March
4-2 days am at office for termination letter but all in vain
5-my contract signed was unlimited 2 years
what is the effect of the ban on to my employment in UAE?
On the contrary,I spot irregularities in the cause of termination
1-the company failed to provide me with work as per my job agreement in the first weeks and almost all the months
2-it failed and had no interest in safety precautions I needed during my execution of my duties
3-It failed to listen to my demands(causes that would affect my work)
4-failed to provide useful materials I needed in my work process
5-Did more different works contrary to what I signed for
6-Do their negligence I was sometimes forced to spend my money,buy tools and do work
7-my bosses usually used fowl language responding to me
8-most times I was ordered to stay behind and not taken to work as others went
9 -No warning letter or verbal reminder was shown to me
10-with pictorial evidence I improvised ways for safety precautions since my superiors did not care
11-no notice period
with all the above is the cause of the termination justifiable?Are my liable to payment in-case the termination was not on true grounds.as I wait for the letter of termination can I appeal against it
please rectify my problem
Regards,
duke
Duke,
1. Ban is automatic. Take termination letter and NOC and may be MOL will waive the ban.
2. NA
3. NA
4. NA
5. NA
6. NA
7. You could file a complaint that moment.
8. You should be paid overtime.
9. NA.
10. NA
11. You should be paid in lieu of the notice period.
Since it is performance related, i can not really comment.
if am forced to sign settlement form minus receiving the money ,how does the law apply?
-duke
Duke,
MOL should help you in this.
Dear Deepak,
i was working for a Dubai based maintenance company!as a driver ! but my visa is a cleaning visa!i have competed 09 months with the company! on the 25th of July 2015 i received a TERMINATION letter in it the company states that due to financial-downturn that they are terminating.
hence as it is what will i get from the company! what are my benefits.
thanks
Arjun,
You should receive your air ticket back home.
Besides this, if the termination was arbitrary, then company should compensate you.
Dear Deepak,
I was terminated from my banking sales job in 2006 due to poor performance and got termination letter also. need to check weather i can return to UAE to look for other opportunities as I have changed my career field from Sales to HR now.
Looking forward.
Regards
ALi,
I don’t think there will be problems.
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!
We have noticed that the company has been cutting cost so I have asked if they are still renewing my residency as my contract is unlimited. The manager keep saying wait for the owners approval.
Then 20days before my residency expire the issue a terumination due to misconduct. 30days notice is till 20th Aug whils the visa Expires 11th Aug.I have not received any warning I even have my promotion last year. The termination letter also states that I will be charged with fines for over staying. How in the world can I find a replacement job in 20days.
The manager keep asking to have my passport for cancellation. I kept it intentionally as leverage and other company documents as I witnessed them not paying severance to the formerly fired employees hence I waited for the final settlement before I submit all document. I keep following up for the final settlement and now is 7 days away to the expiry of residence visa.
Can I file a complain for:
1. Notice period
2.If they charge me for fines for overstaying
3.labor card expires June 20 they allow me to work for 1 months and let me waited till the expiry is near.
4. Final settlement
Katrina,
1. Notice period must be paid.
2. yes, you will need to pay fines for overstaying. Per day it is 30 dirhams.
3. There is no grace period for labour card. It should be renewed prior to expiry.
4. You should be paid: gratuity, one way ticket to home country, leave salary, notice period salary.
However, note that termination for misconduct is under Article 120 of labour law and you may not receive your benefits.
You need to discuss this issue with the HR.
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
Dear Mr. Deepak,
Please give me an davise. In my cancellation, I have signed and certified that I received all my dues but the truth; I did not receive the full payment. My employer gave me only partial. My cancellation was on February 19, 2015. Now my question is: How can I get my final settlement balance?
Thank you very much and hope you will answer my question.
Jean,
Have you signed the settlement and cancellation papers.
It clearly states that you have received the dues.
You should first request your company to pay you in full and if they do not oblige, you could file a complaint with MOL.
In my cancellation, I have signed and certified that I received all my dues but the truth; I did not receive the full payment. My employer gave me only partial. My cancellation was on February 19, 2015. Now my question is: How can I get my final settlement balance?
Thank you very much and hope you will answer my question.
Dear Deepak,
I was working as a Finance Manager in a DAZFA company last 2.5 years. I was terminated last month stating that I have not followed company admin policies and to leave the job with immediate effect. Company told me no need to serve 30 days notice period and will pay 30 days salary as well. I accepted the termination letter. My Family is here I want to cancel my visa including family immediately.
What should be my EOS benefit?
Can I get ticket for family and myself to go back to home country?
Can I get any compensation apart from EOS?
Thanks and regards,
Rajesh
Rajesh,
If your company follows UAE labour law, then you should receive gratuity, leave salary, air ticket to home country and notice period salary.
Ticket for family will depend on what your company policy is.
Compensation depends on the company policy as it is in DAFZA.
Dear deepka,
I got terminated suddenly without a reason, I have complete 3 year 10 months in the company
I will get three months salary
And 4 salaries for 4 years completing?
And what else, can you please guide me
Regards
Ismail,
you will also receive gratuity and any unpaid leave salary and air ticket to your country..
Dear Mr Deepak
Please can you suggest me. My wife is working in one private company she went for vacation after one year company does not give any air ticket and any annual leave salary she was little bit late to come back we informed the management that she will be late but when she is back from vacation her owner told that do not come for duty we complained and file the case in MOL but she is not get back to duty when told her because employer making her trouble and employer went to MOL afterword’s then employer don’t want give her job back because she has loss on bigness so MOL officer told her to cancel visa to pay all the amount what she deserve . And she give us cancellation when their final statement happened my wife ask Mol officer what about band i don’t want to go back then they told if she is going back they have to pay air ticket if she don’t want go back to the country no need to give ticket . that time she ask about her ban MOl officer told her if there is a ban she can give complaint file no so band will be left . After words she was getting jobs in free zone but asp contract paper job description is different she leave that company that is free-zone she ask us to pay 5000 we pay for cancellation only in 1 month only paper visa is issue and she gave us visa cancellation paper to us after that she was searching for job but she don’t get till 3 months now she get the job i send her for exit home country we pay all over stay fines. But now new employer told me there is a band but he told me before he already finish labor process if there is a band are they able to start new labor process . I am confuse which ban is that free zone companies also having some band? Or old company which she leaves that ban she was having till now Asp MOL officer we can left the ban to showing case paper.
Subash,
Again, I am no authority above MOL. Please liaise with them.
Dear Mr, Deepak,
I was working for employment visa. i was join july 4, & now i am only 1 month in this company & aug. 1st they told me i should exit in oman because i am cancelled in the current company. i exit to oman on aug. 2 & aug 3 i comeback to give my passport> once i give my passport they told me that this is my last day & he said they dont need me anymore in the company. which is i’m not do anything wrong. i want to talk & ask my boss what happen but he did not give me chance to talk to him.
My question is what will be my right in my situation ? i will get ban or how they lift my ban ?
Miles,
Did you have a labour approval?
If you have labour approval, you will have labour ban.
Hi,
In case of termination apart from the end of service benefits are we entitled for any other benefits not including the ticket / annual vacation payout.
If the person is on free zone visa completed more than 5 years in the organization and terminated apart from 30 days pay and EOS are there any other cash payouts?
MJ,
You should receive ticket back home, leave encashment.
Free zone rules are not as per UAE Labour Law unless it is mentioned in your contract.
Dear Mr. Deepak,
can you please guide me that currently i am working in Dubai for more than 2 years my visa has been renewed. My Contract is also unlimited Employer want to terminate me without any reason.
i need to know about my settlement calculation? how much he has to pay on termination one month salary or three month salary?
Ahmed,
For arbitrary termination, you should be paid compensation for 3 months.
You will also receive gratuity and ticket to the home country in addition to the leave salary and annual leave cash.
Dear Mr>Deepak.
I need your comments my company put for two months force leave then my company call come and resume duty when i join my duty then on the spot Operations Manager toll that we are terminating you without any Notice Period so for this we don’t have any more job i received letter that my position is redundant and he didn’t blame my performance .
After 13 days of termination he prepared my settlement only one month salary plus gratuity then i asked labor department he told me that employer will pay two month basic salary company not agree on this then labor department call again to our company and as he decide that this the rights so company was agree now i want to know that he make delay in this case can i claim for this two months which he didn’t prepare my settlement.
Pls advise
Thanking You
Jan Muhammad
Jan,
Since your case is already with MOL, you should follow their instructions.
Hi,
Our company was been bought by a bigger one and absorbing all of us in the new company. They are now cancelling our visas and they will create a new one since we are now moving to a different company. They now offered me a better salary with other benefits. I will now work with a different position. Since we are considered new employees again. They asssured us in writing that we don’t need to go to any probationary period and we are all regular employees already.
But, I’m having a feeling that they will terminate me next month since I really don’t have any experience with the post they gave me.
Once they terminate me and cancel my visa and I will be able to land another job with a lower offer salary? Will I still get a ban? How can I avoid the ban?
Your response will be appreciated.
Ray,
Why do you feel that they will terminate you? be positive and give your best.
Keep a good working relationship with your manager and mention to him personally that you like your job and would like to learn it better!
Yea, labour ban is automatic. Read: To avoid labour ban.
Be part of a community at Emirates Diary Forum. Browse, ask a question at the latest feature of Emirates Diary. Visit: http://forum.emiratesdiary.com
Greetings Mr. Deepak,
I’d like to share my case with you and seeking your expert opinion on that, I am on a employment visa for 2 years and I’ll be completing my 5th month here which 1 month short of my probation period (6). Due to a misconduct on the part of a customer belonging I may get terminated tomorrow. Can you please confirm what will be position as per UAE labor law. My current salary is AED 2,500.00.
Please respond at your earliest. Thanks.
Mohammad,
Your employer can terminate you during probation period without any reason.
Hence, you have little choice here.
Dear Mr. Deepak,
I would like to know about notice period and Final Settlement.
Company has given me a notice period of 1 month 29/06/2015 to 28/07/2015. I Almost completed my notice period. At the time of final settlement Company trying to deduct the salary from my final settlement because they said i did the mistakes in work.
Is it legal to deduct salary for mistakes ?
Regards,
Sami
Dear Deepak,
Greetings ..
I am working for a travel company since October 2014 and have been facing issues like salaries not on time, target pressure etc. Now after 9 months of completion the director has approached me for renegotiation of salary or termination as I am unable to meet the target which was never discussed at the time of interview or hiring or even while signing a contract. As I do not want to renegotiate my salary I am left with only option to get terminated.
My question is, If i get termination,
1. Do i get a labour ban ?? if yes then how am I suppose to lift the ban. I was working with some other company earlier (2011) served them for 02 yrs and half years and changed the job.
2. do i have to pay the visa charges or any other expense that company has made on me ?
3. My leaves for next month were approved and now suddenly they have come up with this termination ?? can these approved leaves be assumed as 01 month notice period from the company ?
Pooja,
1. Yes, you will get labour ban. To avoid labour ban, read. Take an NOC from your company which may help you avoid labour ban.
2. No:
3. No. Leaves can not be notice period. You need to serve notice period. Your leaves should be encashed.
Dear Deepak,
My friend was terminated yesterday on the ground of behavior misconduct relating to financials. Is he entitled for his Gratuity?
Regards,
Harun
Harun,
If he was terminated as per Article 120 of UAE labour law, he will not be eligible for gratuity.
Hello Mr. Deepak,
I you get a warning letter and get terminated just for dozing off during office hours. Will you still get three months salary as the firm terminated your contract???
I have a DMCC Limited-3 year contract with a Family Indian firm in Dubai.
Benoi,
DMCC has different laws. I am not much aware of this.
But such behaviour is governed by internal company policies.
Hi,
I need your expert advised in this matter. have questions in my mind and here are the ff. (BTW my contract is unlimited and working under 4 months under 6 months probation)
1. If my employer fired me, they will notice me 30 days right? In that 30 days will I have an automatic ban for these reason and not able to work and find other jobs?
2. Am I obliged to pay all the expenses which the company paid (ie. VISA, Ticket, etc)
3. Is there any expenses do I need to pay to my employer (example SALARY not completed under probation)
4. If they fired me, will I have a chance to find work for 30 days notice? If so is that true that I need to get a much higher salary from my current salary even though I am terminated?
To make it short if my contract stated as unlimited and they fired me, will I have automatic ban and return to my country, or on that 30 days notice I will need to find a job even though lower salary offered?
Thanks!
JAY,
1. No, under probation period, there is no notice period.
2. No.
3. No.
4. No. No notice period during probation.
Sir,
My company terminated me after 10 months stating rearranging of manpower. I couldn’t find job in notice period. Visa already have been cancelled and i am leaving on 25th July.
My case is open in MOL but they are delaying. They will take 2 more weeks i.e. when I will be in my home coutry. Previous company has given me termination letter and NOC. Wgat are chances to get ban removed? Can my father communicate with mol in my absence or should I overstay and pay fine?
Thanks
Waqar
Waqar,
Let MOL give their judgment.
Good morning mr. Deepak,
I just want clarification, because im on vacation leave now, i sign a vacation leave form,, is there any posible that they will use that one to terminate me? Because there is a rumour ina my colleague that they will use that one to terminate me. without my knowledge, if they will terminate me? is there any posible i can get ban? My contract finished on december 2015, thank you,, hoping for your immediate response,
Claire,
I can not feed rumours!
Termination is up to the company and dependent on the UAE Labour law.
Ban is possible.
Hello Sir,
i gave resignation from my company ,and as i was on my work visa ,now my husband is also got job in abu dhabi ,i wanted to know if my company cancel my visa ,so without exit can my husband apply for visit visa for me ,as i am pregnant and as per doctor i can not fly for three months, please suggest me.
Shikha,
To apply for visit visa, you need to be out of the country.
Dear Deepak,
I’m working under RAK Immigration visa,my immediate manager forced me to sign on resignation letter(prepared by himself) which includes 30 days notice period.My doubt is that what all are the benefits for which I’m eligible to avail or claim from the company.
As I joined on 18th June 2014,I completed more than one year and didn’t went to annual vacation,not claimed leave salary and air ticket allowance as per job agreement.
So please suggest me what to do with this.
Thanks & regards,
Mukesh.
Mukesh,
You will receive Gratuity, Leave salary encashment,air ticket.
Hi! Mr Deepak…
I’m working in the company for 4 years, and next month is my maternity leave, suddenly my manager review my absences , what if they terminated me because of my absences , do I still receive any payments regarding Uae labor law? They already pay me for my maternity leave, still I can avail this benifets even if they terminate me? Or they can deduct it from my gratuity . Thank you…
Lilit,
After termination, you will not have any maternity benefits with the company.
Hi Mr. Deepak,
Good day. I am currently working in one company for 2 months. They already amend my visa from my previous company and they provided me a temporary work permit. My problem is, they have changed their company timings (from 2days off to 1day off) and i am not happy with it. I only signed an offer letter with their previous timings and now that they changed, im planning to quit. will i get any ban if i decided to quit? do have i to pay any? They are planning now to do a medical for me by next week since my temporary work permit is about to expire. They also have my passport. I dont know if i can still quit. pls guide me.Thank you and God bless.
Kim,
Yes, labour ban is applicable if you already have labour approval.
It is better to let them know about your decision.
Dear,
I got terminated and my notice period will end 4 days before I would complete my full one year. The termination is due the staff reducement and my position is falling off.
1. am I entitled to end of service?
2. I used 9 days of my annual leave, what happens to the rest of it, and how many days I would have left by law? My leave was due anyway from the 24th July to the 13th of August. Can I ask for my leave earlier so I don’t have to work the full 30 days?
thank you
Sophia,
If you have completed 1 year notice period, you will receive gratuity as per law.
You should get cash in lieu of remaining annual leaves.
Dear sir,
I just started working in a private hospital for a week, the company had given me my working visa and national ID, but i would like to find other job. I have not signed any contract with this company only an offer letter. i just want to ask what are my options? can i just quit the job? do i have to pay what they spent on my visa and id? and lastly Do i have to pay the salary stated in the offer letter?
thank you for your response.
John,
How did your visa get processed without you signing any contract?
What kind of hospital is this? Private or government?
You do not have to pay anything to the company.
Hi bos..
I m acccountant working in LLC company after working 2 years and 2 months i got another job and put my resignation as per law 30 days notice period. Now my company has cancelled my visa nad i submitted my doc to new company as well. but my old company did not give me my final settlement until now..
Can you suggest me how and with in how many days they supposed to give me my settlement… they are using delaying tactics by saying they will submit in my account this and that…
Hope to hear from you ….
Waqas,
Final settlement should be provided prior to cancellation.
Hi Sir,
my employer terminated me during probation period and i got a free zone visa in sharjah now again under probation in the new visa but want to switch to another job again in a company under labour dubai,
do i still have the previous company,s ban on me??????
Aamir,
Free zones can not impose labour ban.
Hi Deepak,
My employer suddenly terminated me without any legal and valid reason. On the termination letter it mentioned that the reason is as per Article 120 Section 5 of Labour Law stating, “The employee fails to carry out his basic duties as stated in the contract and continues to do so in spite of a written interrogation and a warning that his service will be terminated if he repeats his misconduct.”
Now over the past 1 year and 4 months of working in the company, I have never received any written interrogation and warning about my service. In fact there is no performance review being done during my tenure in the company.
On the letter they have given me 1 month notice and mentions that they I will be receiving the benefits as per UAE Labour Law.
I really feel that this is unacceptable since I did not commit any wrong and was wrongly terminated.
What course of action should I take?
Irwin,
You could file a complaint with MOL.
If what you said is right, MOL will consider you termination as arbitrary.
hi,
what constitutes a misbehaviour for an employer to terminate an employee?
Binoj,
Please read UAE Labor law Articles 120 onwards.
Dear Deepak,
Firstly i want to say what a great job you are doing here and the time you take giving people advice who need it..thank you in advance.
My situation is basically like this,
My employer with whom i have an unlimited contract with and is a freezone company recently asked me to come into his office to discuss my pay. He said that due to revenue being down he would like me to take a pay cut and also to take unpaid leave for 30 days.
At that point i told him that i did not accept his offer and the very next day gave him my Formal Letter Of Resignation giving him my 30 days notice.
After receiving my letter, he then on the day of our Pay cycle proceed to pay me the reduced amount without my formal agreement.
What i would like to know is:
1. Is he legally allowed to do this without my written consent?
3. Does this action by him violate the labor law and am i able to leave without notice and still be able to claim what is entitled to me?
2. I have been working for this company for 11 months and once my 30 days notice is completed it will be a full year..am i still entitled to my benefits under the UAE labor law?
Your advice would be greatly appreciated and again thank you in advance.
RG
David,
1. No, that is illegal. Salary can not be reduced.
3. Free zone companies do not come under labour law.
2. Yes.
Sir,
I am working in a company as a storekeeper, from very first day of my service Manager don’t have good terms with me. and always issuing me one sided notices for disciplinary action and warnings. All these notices are one sided, without asking for any justification. Mostly these notices was for mistakes of others, but i was blamed.
Now its 70days in the expiry of my contract, and i has already served a notice of 80days for not renewal.
As a result of my notice this manager is again angry at me, but i have a right to serve a notice, as i have to train my replacement as well.
Now she is issuing everyday warning for the things those were committed to the company verbally. And there are chances they terminate me in next few day.
i have a few questions here,
1. Can a company terminate me early if i have served a notice already for not renewal?
2. What will be the compensatory benefits company will pay?
3. How i can labour ban if company do so, taking help of its so called warning letters and disciplinary letters?
4. Can i take help of court to avoid this termination?
5. Can i demand experience letter as a result of termination?
Ali,
If you face any kind of verbal or physical abuse you could file a complaint with MOL with valid proof.
1. Yes, they can terminate you with valid proof.
2. Depends on your length of service.
3. Not sure what you mean by this!
4. You could file complaint with MOL, if you feel the termination was without any valid reason!
5. You can request the company to issue you the experience letter.
Yesterday my HR called me in and told me due the staff shortening in my company they won’t need my services any more. My notice period expires exactly 4 days before completing my one year. Now I can see what I am entitled to if I complete one year but what are my rights if my contract ends before one year? Or is that a loophole so they get away with no obligations towards me?
Sophie,
If it is arbitrary reason, you should get compensated.
Read: http://emiratesdiary.com/uae-labour-law-2/limited-contract
http://emiratesdiary.com/job-tips/what-is-an-unlimited-contract-employment-contract
Dear Sir,
I am working as a Senior Construction Engineer in a good company. I applied for an annual leave of one week in January 2015 and it was approved. The leave is in July, 2015. I planned my leave accordingly. Now the company needs me during this week and is threatening me of consequences if I proceed with the leave. Please advise what the labor law says about this?
Muhammad,
If the company has some genuine needs, you should stay and cancel the leave.
There is nothing of this sort in the labour laws.
Mr. Deepak,
I have been working as Marketing Executive. I have a limited contract. In my offer letter company mentioned my probation period is 6 months but as i confirmed in MOL they confirmed my probation is 3 months which i already completed. My company terminate me because of my poor performance in Sales. Company paid me salary of May only for 10 days & rest of the salary they hold for May & June. In the final settlement Co is giving my hold salary only. I also heared that i am eligible for 3 months salary plus my hold salary plus Leave Salary & Air Ticket. Kindly brief me about this matter.
Waiting for your reply
Thanks
Amit,
Probation will be as mentioned in your contract. If not it will be as per UAE Labour Law.
Dear Deepak;
I want to know
I was working as Safety Officer in Construction COMPANY, Today they give me termination letter I am still on Probation Period because my VISA Stamping( 28-05-2015) was after six months but I was keep working for COMPANY since October 2014.
I am basically Chemical Engineer but Company Provide me “Pipe Fitter VISA” So will I be ban from UAE for Six months
and 2nd Question:
Do Company give me Severance Pay of this July Month because of Termination? My termination date was 05/07/2015
Thank you!
Humair,
If you were terminated, MOL may waive the labour ban.
No, since you are less than 1 year, there is no severance pay. But if they pay, it is good.
But you must receive the salary for everyday you have worked.
Thank you so much Mr Deepak;
Really Appreciable.
🙂
Dear DEEPAK,
I am kiran working in storekeepr in alumunum company .yeasterday company terminatoed to me my salary 2500/-, my visa emplyment visa and limiteed contract what is giving benifts and my ban details tell to me
thanks
Kiran,
Please read: http://emiratesdiary.com/uae-labour-law-2/limited-contract
Dear Mr. Deepak
My Employer Terminated me after 48 days of job during Probation Period . It was an unlimited contract . Do I get a 6 month ban ..? If so how to get it removed accoring to latest Lawsc. Employer is agreed to give me NOC ..? Please reply me as I am searching for a job but worried about ban
Asif,
Yes, labour ban is automatic. However, MOL may waive the labour ban since it is a termination.
Yes, NOC will help you.
Dear Deepak;
I want to know
I was working as Safety Officer in Construction company, Today they give me termination letter I am still on Probation Period because my Visa Stamping( 28-05-2015) was after six months but I was keep working for company since October 2014.
I am basically Engineer but Company Provide me “Pipe Fitter Visa” So will I be ban from UAE for Six months
and 2nd Question:
Do Company give me Severance Pay of this July Month because of Termination?
Thank you!
Dear Deepak ,
My company Terminated me after 48 Days of unlimited contract(during probation period) .
Will there be any ban on me..? I am finding job but I am really very worried That there will be 6 month ban . Company is agreed to give me NOC . Am a eligible to receive any compensation from company .
Please reply
Asif,
If terminated, MOL may waive your labour ban. With NOC too, you could avoid labour ban.
Dear sir i ask one thing our Abrab is holding the salary card of all Employ and he is not giving the salary of one Employ from last 9 months but he make Transaction in the Exchange is its leagle way to do that with Employ ? is it fair ? so my other Question if he is not Transaction for 2 employ coz they dont wanna give them salary card to him how he can process a new visa is it possible sir please let me know ?
Jawad,
Holding employees’ salaries is illegal under UAE Labour Law.
If the problem persists, i recommend you approach MOL.
Hello Mr.Deepak I am working for Reputed bank in Dubai as a sales executive and I have completed my probation period it’s almost more then 11month running now and my sales performance is not good. I have my exam this comming month July6-2015 & my ticket is on 1 July2015. I asked for a leave to my manager but he not allowing me to go india to write my paper. He is telling me to resigned and go to write exam. In this critical situation what should I do I am very confused. Should I go to India without informing to write paper or shall I give resignation. Your opinion is matter most to me. I would be highly grateful to you if you give me a good opinion. Awaiting for your reply my email address is [email protected].
Zubair,
best thing is to come to amicable terms with your Manager.
Good morning,
My company just terminated me yesterday, during my probation period. I’ve been working for 70days.
The employer is forcing me to give him my passport to cancel my visa but he’s not giving me a final settlement.
I will face a ban?
Can my employer terminates me without paying anything to me?
Should the employer pay also my vacations from the days that I was working in the company?
How much time I have to give back my passport to cancel my visa?
Should I open a complain against the company in the MOL?
A new company is waiting for me, I submitted all the documents and there are in security check process, will face a problem for my new visa?
Thanks so much for your help.
Have a great day!
T007,
If you were terminated, MOL may remove your ban upon request.
Under probation, your company can fire you without any reason.
There is no end of service benefits!
Why do you want to file a complaint with MOL?
I don’t think you are eligible for vacation days as you are under probation.
Dear Deepak,
I have been Working past 15 years in major company in limited contract. Recently company stop my work because of security wrong information one of promotion item purchase my self last month but security sent wrong information to head office this item Clarence as per the company policy not allowed to purchase any clearance item but this item i have full proof it was running promotion i was submit all my proof to head office unfortunately it was late head office decide immediate termination. After 15 years my career to live the company with bad name i cannot imagine this situation i can file case about company decision ? What exact i have to do ? Waiting for your Reply ASAP
Sharja,
If the mistake has happened from company side and you have proof, then you could file a complaint with the MOL.
Dear Deepak,
I went on annual leave for six days before completion of one year. (means after completion of 10 months). My employer deducted basic salary, HRA and other allowances for the six days leave.
In view of the above, please clarify am I eligible get paid salary, HRA and other allowances?
best regards
Repeat query!
Dear Deepak,
I went on annual leave for 6 days before completion of one year (means after completion of 10 months). My employer has deducted leave salary, HRA and other allowances for the 6 days annual leave.
Please clarify, under this situation am I eligible to receive paid salary, HRA and other allowances?
regards
Dinesh,
Was it leave without pay.
You are eligible for leave salary during annual leave.
Deepak,
Let me clarify. I am eligible to get one month paid annual leave after completion of one year. This is known. But, I took 6 days leave before completion of one year. That means after completion of 10 months from DOJ and my employer has deducted the basic, HRA and other allowances for the 6 days leave(unpaid). My question is in this situation, Am I entitled to get the paid leave?Because for every month worked, we get 2.5 days of leave is accumulated.
Also, our working week is SAT to THU. If a employee resumes duty on SAT after his annual leave, is FRI also considered as annual leave?
Dinesh,
yes, you should get paid for leave salary.
Consideration of Friday is as per your company policy.
Dear Deepak ,
Am working in one the yachting company , 25 may 2015 -25jun2015 is my vacation for my marriage , and 29 May my boss has sent the termination mail and he mention the notice period 30 May to 30 jun
I don’t wht to do pls help me out shall I go for labour
Karthik,
For arbitrary dismissals, you could file a case with Labour department.
Dear Mr. Deepak
I have completed 5 years in company and I resigned my company dated on 29.04.15 prior 1 month notice as its mentioned in my unlimited contract which is already completed 29.05.15 and this was also my last working day my given notice finished and company delay my cancellation process my question is company should compensate June salary or not give the answer in the light of UAE labor law because I am not going job still waiting my cancellation. kindly advise
Faisal,
The company should pay you for whatever time you have worked with them. If the cancellation has delayed, they should compensate from their side for the days you have worked.
Hi sir, i just wanted to know, is there any possibility that one company will not give any ticket for annual leave?i am working to my company now for 7 years and they never give us home leave ticket. and it also said in my labour contract that the first party (COMPANY) shall bear the cost of air ticket at the time of commencing work. Am i understanding it correctly? that my company should provide us home leave ticket?
Jhudie,
If it is mentioned in your contract, the company should pay!
Dear r. Deepak,
I am impressed by your crystal clear answers on labour law.
Please and kindly clarify me on this situation i am in at present.
I am working for a company in Ajman under a limited contract for a salary of AED 5000. I already have completed 20 months with this company but I am getting a better offer from a company in dubai for 12,000+ salary. I am a science graduate and all my certificates are attesed. Please clarify me whether i will get a ban if i resign now to take the new job offer. On the other hand, the new company offering me the job is not ready to wait another 4 months by which i will complete my 2 years here.
I learn that you cannot move out even if you get a better salary when you are working under limited contract. Is that true?
your clarification is greatly appreciated on this.
Thanks in advance.
Deen
Deen,
Yes, under limited contract, you must complete your contract.
You will not get ban as, in 4 months you would complete your contract.
And congratulations on the new job.
Hey deepak ,
if my company terminating me after one year and with out any reason what they have to pay and what benefit they have to give ?
waiting for your reply
thank you
Ashi,
Please read: Unlimited Contract.
I need to confirm if employee contract is unlimited and company fired that employee without any reason so how much we will get (3 MONTH or 1 month compensation)???
Ahmed,
Please read about Unlimited Contract.
Interested what happens if a company closes whilst I am on a Limited contract and past serving my probationary period?
Does this come under the normal terms of contract termination or something different?
Read more: http://emiratesdiary.com/uae-labour-law-2/getting-terminated-fired-read-rights#ixzz3cYQScnF0
Follow us: @deepakmachado on Twitter | emiratesdiaryuae on
Ref to that comment if the Contract is Unlimited ??
Ahmed,
This will be normal as company is closing!
Please speak to MOL officials to further clarify.
Interested what happens if a company closes whilst I am on a Limited contract and past serving my probationary period?
Does this come under the normal terms of contract termination or something different?
Kevin,
Yes, technically you should get 3 month compensation as per limited contract.
Hi Deepak,
I am just wondering, maybe you could help me with my concern. Our company will shut down this August, I am 4mos pregnant, can I have the maternity 45days paid leave in cash? Because basically I am entitled for the maternity benefits, but with the company situation, I cant avail it anymore since my due is this December. I am thinking of having it en-cash?
Hope to hear from you.
many thanks!
Jo
Jo,
This is a special situation.
I don’t think cash is paid in lieu of maternity leave.
HI Sir,
I am working with a company in Dubai in Silicon Free zone, I was on probation period.
The work they handed over me was done my some previous employee and was a whole mess, I just took over and started the things, They used to push me to work on weekends, late sittings and misbehaved me all the times.
I talked to them that you discriminate me among other 8 people, they said because you are from a different country.
Now I completed my work on 30th May and they sent me a termination email on 31st May, It shows they just hire me to complete that messed up code.
Now they are going to put my visa for cancellation and at the same time pressurizing me to work for one month as a notice period. As per my contract either party can leave without any prior notice.
I am terminated so do I obliged to work for them for one more month?
I want to recharge them for all the working weekends and my extra time as they are showing 0% cooperation?
Please guide.
Abid,
I am not sure whether the DSO follows UAE Labour Law as it is a free zone.
So can not comment.
hi deepak
my friend is working as an sales executive in a company(llc) .he was complete his probation period 3 months ( total 4 months experience ).
now the employer want to terminate him bcoz of sales target. in these case any ban will get him??
thanks in advance
Basil,
Please read Article 120 of UAE Labour Law.
I have been working in a school from September 2013 on wards with unlimited contract. My initial probation period was for 3 months and later extended to 6 months. On April 2015, they handed me termination letter saying that my performance was unsatisfactory with 2 month notice period that from June 26 on wards my contract would be terminated. However, my labor card is valid till November 2015.
My questions are:
1) I was never issued a warning letter nor given any performance evaluation report (though my probation period was extended)? Moreover, my salary was increased by 200 AED, and I was given appreciation certificate for working as resource allocator in training. Also I received and signed informal contract from school that my contract is renewed for 2 more years till 2016. Can i claim for termination compensation equivalent to 2-3 months salary?
2) Will I be entitled to leave salary? As my contract will be terminated on June 26, and from June 26 on wards, there is summer vacation (annual leave) for school?
3) Will my gratuity be based on 21 days basic salary as my contract is being terminated?
Ankit,
1. If the termination was issued during probation, the company does not have to provide any reason for contract termination.
2. NO, you are eligibile for leave salary. But this will further depend on the company policy.
3. There is no gratuity for you as you have not completed one year in employment.
Dear Deepak,
I have been working in a company in Dubai under Tecom Freezone for the last 5 months and I already completed the three months probationary period. Now the company fired me two weeks back and gave two months notice period which is mentioned in my contract. I had to undergo a surgery two days back and as the doctor asked, I gave 5 days leave request and submitted the medical certificate. Now they have asked me to relieve immediately without completing the two months notice period. Do i have the rights to get the salary for two months notice period in this case? Please advice.
Raj,
Are you facing an exact situation like Neethu?
Thanks. I already have the termination letter with the last working day as July 10th. Now they have sent a new termination letter with immediate termination without any notice. They gave two options. One is to relieve immediately without any salary and the next is as a settlement, they will give three weeks salary instead of 5 weeks. If I go ahead and complain, will the dispute hearing be in favor of me?
Neethu,
I can not speculate on the result of your case! Sorry.
Hi Deepak,
I joined my company 6 months back and already completed the three months probationary period. I got fired two weeks back and they gave me two months notice period(which is mentioned in my contract). I had to undergo a surgery two days back and asked for 3 days leave as asked by the doctor. Now the employer asked me not to come back to work and they told they will not allow me to complete the notice period and I will get the salary till last week only. Do I have the right to ask the salary for two months notice period if they are compelling me to leave now. Please advice
Neethu,
As per your contract, you should receive salary for the Notice Period as well.
Dear sir,
I am afzal ahmad,i joined a mnc (5000AED SALARY)in dubai as a civil supervisor visa issue as a assistant engineer (residence).i was very happy life was superb going on, but just after 01 month i heard a bad news regarding my younger brother in india and i back to india on emergency leave.here i saw situation is very big…i have to spend some time in my family.company give me a dead line.unfortunately i couldnot return on that date.now company cancell my visa and terminate me…i need ur help sir ,tell me about ban what i will face if again i want to go UAE…..
Rrgards:
Afzal ahmad
+917841006553
Afzal,
I am not sure how your company has cancelled your visa without the original passport!
It is better to get in touch with the company and resolve.
From what you have mentioned, I can not say anything.
Dear Deepak,
I would like to ask that 3 guys working for a Du Channel Partner and all sudden on 28.05.2015 they called me and said that they are closing the company to to financial issues,now they will pay us for the month on march and they said no further payment would be made to us.
they didn’t give us 30 days notice and also in process of canceling visas.
Please advice if we registered and case against them then do we have a chance to win or even to get June salary which we will not work as they have closed the office ?
Please advice ?
Norman,
I can not comment on the outcome of your complaint. But I do suggest that, you file a complaint against the company with MOL.
Hi Deepak,
We would like to terminate with immediate effect our Business development manager for poor performance ,he finished his probation period 0ne month ago ( 7 months) …my question can we terminate him with immediate effect without paying him one month notice as we have good reason : he did not bring any project.
Your reply is highly appreciated,
Nadia
Thank you
Nadia,
Please go through the Article 120 onwards of UAE labour law
Hello Mr.Deepak, hope you will be fine. I have been working with a company in Abu Dhabi and were getting AED 8000, and two years have not been completed with this company and company has terminated me without any reason and without any notice they have just mentioned on the termination letter that they have not required my services. Can you please advise what compensation i should get from them and will i have 6 month Visa Ban if i will go for a new employer??
Mr. Deepak, if i will be offered by another employer AED 6000, in this condition will i have a 6 months ban ???? if ban will be imposed on me please advise me thy way forward to lift the Ban??
Thanks..
Nabeel
Nabeel,
Please read: http://emiratesdiary.com/jobs-in-uae-2/how-to-avoid-6-months-labour-ban-in-dubai-uae
Nabeel,
Please read the articles: Unlimited Contract Termination and Limited Contract Termination.
Dear Deepak,
i worked in credit card financial company 8 month till 6 April, was suspended on 6th April due to client did fraud on statement but other extant they put me that i mentioned wrong salary so in that way also put me in fraud.on 26th April they have terminated me without any clarification just they mentioned you did fraud.and my immediate boss mark me absent LOP from 1st April to 9th April but i worked till 6 April.
Now i proceed it for visa cancellation so in that case what i will get in EOSB i.e. April salary,paid leave balance,others please specify .
Thanks
Hi Deepak
I hope all is fine. I had been working with a real estate llc since july 2013. At the end of march 2015 the owner said me to look for another job as he can’t give me any more salary. For this he gave me one month time, I searched for job and found offers of around 4500 on the rule that I must submit my NOC and termination letter.
I contacted my employer and he refused to give anything. I said to him that give me my two months salary and leave salary for two years so that I may go to my home country and on expiry I will come back to cancel the visa in order to avoid ban. He took my signatures forcefully on a company letterpad that I had received my all dues and just gave me 1 way ticket.
I complaint in MOL regarding this and my pending dues. I want to ask that will I get my dues and will there be any ban on me if I got cancelled.
Hyder,
Since you have already complained with MOL, you will receive justice as per MOL rules.
Hi Sir,
I would like to ask if there is any ban to the employee if the company will close? I have already completed 1yr and 5months on my 2 yrs contract.
THANKS
Maritess,
MOL does not impose labour ban, if company is closed.
i have worked for a llc company for over 3 years. I have been terminated with the reason unsatisfactory performance with one month notice pay.
How many months pay should I get in this case?
It cannot be unsatisfactory since I worked for 3 years and I have been not issued any warning letter or verbal warning.
what should i do?
Sally,
If it was an arbitrary dismissal, you should receive 3 month compensation as per Unlimited Contract.
I am on husbands visa. Am I eligible for one way ticket upon termination?
My final settlement is calculated as gratuity and salary only. AS per contract I am eligible for one ticket every 11 months.
Sally,
Yes, you are eligible for one way air ticket as per labour contract.
dear sir I was worked with a Sharjah Freezon Co. last 17 Feb. 2014 my super wiser was told me many time to resigned but I not resigns last month he was signed a reweaves letter 10 march can I get my leave salary and return air ticket as mention my offer letter and also 3 month salary
Mohammad,
Free zone rules are different. Please check with the freezone authority as I am not familiar.
Dear Mr. Deepak,
Need your advise, if after mutual agreement, can an employer leave you in less than 30 days notice period (lets say in 10-15 days) in case of an unlimimited contract.
Plsd to have your response.
Best Regards
Shanky,
Yes, with mutual agreement, notice period could be reduced.
My employer terminated my employment on the basis of workforce reduction and services no longer required even though there are multiple projects going on within the company in Abu Dhabi. I just completed one full year of employment. At time of my handing of my vacation request for which I had already booked and purchased flight tickets to my home country, HR Manager handed over termination letter. My position is QA/QC Manager. When I inquired about the reason with top manager, I was told that this is the company decision based on feedback from various project managers. Is this ethical way of termination ? I was carrying on duties on daily basis. The return flight tickets that I purchased online in advance are nonrefundable but employer will only pay one way.
Asad,
Companies can terminate you on the basis of Article 120 of UAE Labour Law.
However, if you are dismissed/terminated arbitrarily, you will receive 3 month compensation under unlimited labour contract.
Is this ethical? Definitely not.
Yes, employer are only required to provide one way ticket upon termination in addition to gratuity and leave balance.
Thanks for your reply Deepak. I just wanted to know if there be a ban placed or I will be able to return in 2 months ? By the way, I have Canadian passport. Also, what if they don’t compensate for 3 months, what step should be taken by me ? Can I request cash value compensation instead of one way ticket since I already purchased nonrefundable return ticket for which I can change date for a fees ?
Asad,
If you do not complete your contract, labour ban may be issued. Passports will not have any significance.
However, there are ways you’d be able to avoid labour ban.
If you have labour ban, you could come on visit visa. Reimbursing cash is up to the company.
Dear Deepak,
First thank you for your kind replies… I had few more inquiries based on all above mentioned inquiries and replies. The settlement package given to me was 21 days gratuity and vacation balance of 33 days both based on basic salary only, not full gross income, HR manager giving the reason that since amount is done as encashment it is given on basic salary only; also I was given partial amount for one way ticket since that was also considered given as encashment. One month notice period was given as 28 days salary as falling on Friday and Saturday completing 30 days which is off for head office. For unlimited contract and completing more than one full year, wasn’t I entitled to 3 months compensation based on arbitrary reason of termination and vacation balance to be given based on full salary instead of based on basic only even if it is given as encashment ? FYI, the company canceled my visa already and my departure flight is tomorrow night. Still I need your kind replies to above inquiries. Thanks.
Asad,
Gratuity is calculated on basic salary. Rest all is as per full salary.
Friday Saturday should not be deducted.
If you were terminated arbitrarily you are eligible for settlement.
i terminated from my company due to auautherised live. i did not complete 2 years.my contract is un limited. what about the compensation. or the final setilment. please help me.
Saros,
As a final settlement, you will receive your gratuity, leave encashment if any and an air ticket to your homecountry.
if an employee caught red handed for theft/stealing company’s cash.. company has terminated the staff and now i would like to ask few things.
company will pay for his air ticket?
his AL/Gratuity or any final settlement?
company can push the staff to leave the country following day of cancellation and not allowing him to stay during the grace period of 30 days after cancellation. is that legal?
appreciate if someone can share authentic link to get the answers.
Iram,
You could terminate the employee under Article 120 of the UAE Labour Law.
In such cases, you need not pay the gratuity / End of service benefits as he has done an offence.
Also filing Police Cases on such crimes as they are serious.
Hi Deepak,
I am new joiner in a company stating an unlimited contract,currently in my first month of probation. I have received another offer from another company of the pay higher than the previous can i resign from my current job and pay the stipulated amount for the visa without a ban?
Appreciate your reply.
Mustafa,
If your labour card process has begun, you will face labour ban.
Hi deepak,
i just want to know about labor ban.
I am working in Abu Dhabi from Aug 2014 with very low salary 3000 AED only.I have MBA Finance Degree.I want to resign from this company.My visa in this company is contract & System Manager but salary is very low.
So can i resign from here and there is any type of Ban for me.Can i join any new company if yes then what about Ban.
Someone told me you can resign any time becoz you have Master degree but i am still confuse.Kindly help me i need your helpfull suggestion.
Thanks,
Rana,
Usually post graduates do not face labour ban.
Being MBA Finance, you should not settle for such jobs which pay you very low salary.
Hi Sir,
I am working in a Free zone Company with 3 years contract. I just finish my 1st year in the company.
Our company just fully operated last year January 2014. Now, There are rumors that our employer is planning to have Cost Reduction, and the rumor is its either:
1. Without pay for 3 months or more.
2. Salary deduction of 30%-40% OR
3. Force Resignation
Is it legal to do that?
Please advise as I need some clarifications please.
Thanking you!
Li,
Free zone companies have their own regulation governed by respective freezone authorities.
You will need to contact your free zone authority for such clarifications.
Free Zone Companies need not follow UAE Labour Law and your employment contract would be considered.
Hi Mr. Deepak,
I would like to ask if Our Company decided to close down
what will happen to us employees, we are a combination of old and new employees.
Thank you for your time.
Aina
Aina,
Your contracts need to be cancelled and all your dues will need to settled prior to the closure of the company.
I have been terminated from service after completion of my contract period 2yrs. It is mentioned in the termination letter that due to re-structuring my service have been redundant. In this case will i get 3months salary as a compensation.
Pls. do reply.
Anil,
Arbitrary decisions will need to be compensated with 3 month salary under unlimited contract or limited contract.
Dear Mr. Deepak.
I joined in my new company here Abu Dhabi, before my cancellation in previous job will expired. the company gave an offer letter to me, and the job description there was CAREGIVER, i send also my documents to them. then i need to exit to change my visa.. I was already 1 week working in their company, When i received my visa its TELEPHONE SWIRCHBOARD OPERATOR. when i came to the company I asked them why my entry visa is like that, because I’m working as a home care nurse and I stay in to the client house, they asked me for medical and for my emirates id. they told me they wont change my visa, that’s why i have doubt to continue my work in their company, I gave a notice of resignation letter, they said its OK that they will cancel my visa. i did not sign my employment contract. I paid for my medical and emirates id, including my exit. and also my transportation fee going to the client. they told me to finish my 1 month work in their client, before i leave to their company, after 2 weeks I completed my 1 month to their client i came to my company and ask for my cancellation and passport as well as they told me that I will receive my 1 month salary, its sad to say they did not give any of my papers and salary. and they told me that i will receive my passport ant cancellation paper in the Airport, and i only exit in my home country.And they told me I have 1 year labour ban. is it true?what Im going to do?
Ritchel,
You must file a complaint with MOL immediately.
I am not sure about 1 year contract, as many details about you are missing.
we have same situation by ritchel, from my country i sign for the position Guest Associate to company but for the visa im Film Developer and i confused because we are 6 people hired from our country but the six people has different working visa. i need your email mr. deepak can because im first timer here in UAE i dont my right about labour law here.. i have a lot of question that i need the answer. thank you
Christopher,
You could post your queries here.
Dear Mr.Deepak
my visa archive clark i completed 2 years and renewl the new visa in the same company now i got another job with the package 4000dhs.i have engineering degree with attesation.please inform when i cancel now the ban for me or not?
Mubarak,
Since you have already completed your contract, you should not be facing labour ban.
But company can request.
For a bachelor’s degree holder, to avoid labor ban, you will need 12K salary.
Dear Sir,
I would like to know if my Immediate Supervisor can terminate my services as per The Management Instruction? My contract is unlimited and I assumed duties last October 1, 2011. I am a Civil Engineer and our Company has no new projects in UAE and because of that I was terminated….At first , my immediate Supervisor told me that The Owner of the Company would like to cut or lower my salary …but I told him NO. Then He told me that I will render a letter of Resignation but I told him NO. Then after one month my immediate Supervisor handed me a Termination Letter which I agreed and signed…Is this possible that my immediate Supervisor can terminate me as he is the one who signed the termination letter and not my Employer who is the signatory in my original Labor Contract?…Can I extend my services inspite of their one month notice? Can I still refuse the termination even if I already signed because the termination letter was signed by my immediate Supervisor only and not the Owner or my Employer? What are are my benefits? Will there be any ban?…..Thanks for your help…Eusebio T. Yabuit
Eusebio,
Usually the HR of the company should handle such situations.
IF you have already signed the termination papers, you have no choice.
In case of arbitrary dismissal, you will receive 3 month salary in addition to gratuity, ticket to home country and cash against leaves not taken.