Notice Period in UAE Labour Law
There have been lot of confusion and queries with regard to notice period. In this post I will attempt to shed some light on what is a notice period.
So you have been working in a company for some time and want to resign. You could resign today and go tomorrow. But who will take care of the responsibility that you have been handling? This is where the notice period comes into picture. Also your company needs time to find a replacement for your position. A notice period is the time between your resignation and your last day of working at a company or organisation.
What does UAE Labour Law say?
As per Article 117 of UAE Labour Law
, the employer and employee may terminate the employment contract with unlimited period, for a valid reason at any time after conclusion of the contract by written notice duly given to other party, thirty days (30 days) at least prior to termination. However, your actual notice period may vary according to the complexity of your work and what is mentioned in your contract.
In respect of daily wage employees period of notice shall be as follows:
a. On week in the employee has worked for more than six months but less than one year.
b. Two weeks if the employee has worked for at least one year.
c. One month if the employee has worked for at least five years.
What about salary during the notice period?
The employee is entitled to full salary during the notice period. This is clearly written in the Article 118 of the UAE Labour Law. The employee must also work during the notice period as usual. A notice period can not be decreased but it can be increased if both the parties agree to it.
What if I am unable to serve the notice period?
If either of the parties has failed to serve the notice period, the failing party should pay the other party “Compensation in lieu of notice” indemnity. This is mentioned in the Article 119 of the UAE Labour Law.
Notice period during probation:
An employer can terminate an employee during the probation period with One day notice period. However, in the UAE Labor Law it is not clearly stated what if employees wanted to terminate contract during probation period. However, most organisations do mention a clause of termination of labour contract during the probation period by either party and it is usually One day.
Article 129 of UAE Labor Law:
If the non-national employee has notified the employer of his desire to terminate the contract with unlimited period and has absented himself from work before the end of the legal notice period, he may not take up employment elsewhere before the lapse of one year from date of absence from work, even with consent of employer, and no other employer, who is aware of the case may recruit him or keep him in service before the end of such period.
Can I take annual leave during Notice period?
This purely depends on your company or employer. Usually notice period is set because the company wants a hand over of all your responsibilities to a new hire or replacement staff. If you are not available to handover the responsibilities, it does not make sense to give you annual leave. But if your employer has agreed to for leave during your notice period, you may take leaves. On the other hand, if the company wants, they can approve your leave as well as extend your notice period accordingly.
What about sick leave? Can I take sick leave during notice period? Am I eligible?
Of course you can take sick leave. Sickness does not check whether you are on notice period. But, again, you will need to follow proper procedures of sick leave.
So here in brief are details about notice period as per UAE Law. If you have any queries, do comment.
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Hello I need help, I sent my resignation via email to my boss with a 2weeks notice but he didn’t reply, after the 2 weeks had passed he called me and he said Dat I should write another resignation starting from the day I will send it because the first one had 2weeks notice which is not allowed. So I have to start again and he said he may even put me in burn. I need advise, thanks
Hi, It’s important to handle this matter professionally and ensure that your rights as an employee are respected. Here are a few suggestions:
1. Take a close look at your employment contract or any relevant policies to understand the notice period required for resignations. This will help you determine if your initial resignation adhered to the terms stated in your contract.
2. It’s always recommended to have a written record of your communications. Write a new resignation letter stating the date from which your notice period will begin, as requested by your boss.
3. If there is any confusion or discrepancy regarding the notice period, consider discussing the matter with your boss or the HR department. Request clarification on the company’s policies and ensure that you understand the correct procedure for resigning.
4. If you believe that your rights as an employee are being violated or if you feel uncomfortable with the way your boss is handling the situation, it may be helpful to consult with a labor lawyer. They can provide legal advice specific to your circumstances and guide you on the best course of action.
5. It’s important to remain professional and respectful in your communications throughout the process. Keep a record of all correspondence, including emails, conversations, and any relevant documents.
Hi, is notice period counted by only number of working days for a permanent employee of 2 years on a fixed/limited contract. My contract does not say ‘number of working days”, it says “notice period of 3 months”. Please advice if 3 months is 90 calendar days or working days?
Hi, Most of the cases notice period is considered as calendar days not working days.
i will be completing my limited contract till end of this month
So shall I give notice period to organisation or no need ?
Hi, it is required to give notice as per the terms mentioned in your employment contract
Hello, good day… i just want to ask and clarify regarding notice period now in uae, is it only 30 days notice in uae law.. because i have oppurtunities with other company do they hold me for more than 30 days, what if i will not accept more than 30 days… thank you…
Hi, employer cannot hold for more than what it is agreed in your contract provided employee has completed all the exit formalities.
will casual leave with loss of pay during notice period need to be worked extra after notice period?
also, is one way ticket from dubai to home country given my company in case of resignation?
Can my company terminate me or give me a warning letter during my notice period? Because our managers are threatening us with this excuse to deliver numbers.
What sort of warning letter?
Threatening is not permitted, either verbal or physical.
Good morning. I have an unlimited contract and am on six months probation. Please I’d like to know if I can resign after my probation period.
hi everyone i need help my name is milan gurung working in abu dhabi its been 6 years 10 months working in same company i give resign 1 month notice to my company but company not accepting my 1 month notice they are telling me to work 2 month. so company can stop me with out any reason and if i complete my notice period and go to labor court how long they will take time to send me back to my home please advice me i am facing so serious problems in my family but company is stoping me to go my home
Dear Sir,
Hope you are fine, I want to immediate resign from my current company because I have an higher offer for salary. I already finish a 2 year contract and renewed last JUNE 2016 which I stay for another 6 months. They did not give us new contract to sign, thats why I dont know also if my contract is limited or unlimited. Now i want to ask if its necessary that i will show my offer letter to my current employer for them to allow to go within 2 weeks or less? Please answer. Thanks a lot
Dear Sir,
Hope you are fine, I want to immediate resign from my current company because I have an higher offer for salary. Is it necessary that i will show my offer letter to my current employer for them to allow to go within 2 weeks or less? Please answer. Thanks a lot
Is it possible to have a notice for 2 weeks?
I was wondering if you could help me out – having moved to Abu Dhabi on a 6 month probationary contract my employer has decided to unilaterally drop the probation, after 3 months. I do not feel I want to enter into the full contract, at this stage, as there are issues that need to be addressed before I’d be happy staying in this job for the full contract term. My question therefore would be, is my employer within their rights to end the probation after this short period of time and with only two days notice?
Any thoughts would be greatly appreciated.
can an employer ask employee to leave without serving notice period ? if so, do the employer need to pay for the notice period?
Hello sir
I am working in a company since January 2016 as a follow up clerk . My contract is un limited labour contract. I already submitted my resignation last june 3 2017 and my notice period ended on last Sep 3 (3 months as per labor agreement) as i found a new job with much better offer the the previous one.. Almost 5 months is over still they are not allow me to leave. My employer is telling he did not accept my resignation so I have to stay more 3 months as notice period. otherwise he will make a case against me in labour. Is it true ? If not please let me know any government act for my reference . thanks
my visa will expire next month first and w are note getting our salary since 4 month so if i am resigning from company with out notice period i have to give money to the company?
Pls sir i i need your reply… do i need to pay?
Do i need to pay incase? i am 11 months only under by immigration and not buy labour i came to uae at nov. 24 , 2016
and i decided to finish my job on nov. 1, 2017my visa is for 3 yrs but my wrking permit is for two yrs only as waitress but this company is freezone i think coz they r not follwng the rules of labour. Pls sir i need ur response…
Pls i need some advice
Hello goodmorning! I just want to ask help and answer on what to do in my case, i work in a school company, im a teacher, i worked there for 2 years now, my working contract as a teacher already expired last august 20, 2017 last month, but prior to that last june 2017 before the end of the school year summer holiday i already ask our HR about my contract since it will expire on a holiday since holiday for school is july and august, they told me it will be processed when we come back from holiday, came september still i dont have the new contract so i decided to look for another job still in a school and fortunately i got the job, they give me a starting date appoinmemt on sunday sept 17,2017 but i went to my previous employer last thursday sept 14, 2017 and handed my nonrenewal letter and wanted to get my papers documents which i sumitted during the application but they refused to give it to me and told me to still stay for a month in school since my visa is still not expired it will be expired in October,, do they have the right to hold me for that or i could stay out from school since i have no contract with them anymore and start my new job.. please help and answer urgent thanks
Please help need an answer,, in my case my contract was expired already last august 2017,, my visa will expires on october, i already found a new job since i dont have contract already but the previous employer refused to give my documents and let me stay til my visa expires. My new job requires me to start on sunday sept17 2017 .. i submitted my nonrenewal letter last thursday sept 14 2017..but i already discuss the non renewal befre the end of the school year last june 3017 i told them about the contract but they said it will be processed on sept 2017 when we come back from work holiday,, so i decided to look for a new job since my contract with them was already finished… need answer
i submit my resignation last july 30 which will end this aug 30 as i found a new job with much better offer the the previous one.. suddenly my today aug 26 my compay booked me a ticket to send me to my home country.. i was always askig about my cancellation papers to that my new employer could start processing my new visa.. i tried to call our HR and he said that our company is not allowing transfer visa o worker?? what should i do?they have my passport also.. by the way im working as a construction worker in ruwais. thanks
i have been working in a Dubai Construction Company as on Accountant from March 2016, my visa is a limited Contract, and i submitted the resignation on March 2017, Our boss accepted my resignation and signed on it, and i dont want to continue working, Now its 5 months running after the resignation, and the company does not allow me to leave even after serving a one month notice period, last month i send a email remainder for resignation letter, What are my legal options
Dear Sir,
My contract is unlimited and i will be turning one year with the company on sep1 2017. i have submitted my resignation letter aug 20 with one month notice effective sep. 20. will my employment be counted as 1 year or no?
Yes, notice period is considered part of employment period.
Will i be entitled for all leave allowances, gratuity and all? Will i be considered as 1 year in the company?
Yes, that is correct.
Hi, Mr. Deepak. I was just recently hired by a company under an unlimited contract, but something came up and I need to go back to my country. I am planning to resign on my 3rd month, will that be allowed?
Deepak.
I am working in tour company, in my offer letter it is mentioned that I have to work 8 hours. But they are taking 12 to 13 hours of work daily. And if there will be any loss by my side management ask me to pay by myself.
The company is also retain my passport,
I am on probationary period as per my offer letter. If I will resign from the job, do I have to pay visa cost???
Please help me
will casual leave with loss of pay during notice period need to be worked extra after notice period?
also, is one way ticket from dubai to home country given my company in case of resignation?
Hello, if it is loss of pay i dont think you need to work extra, however you may check with your HR department and company rules.
If you are resigning by your own, you will have to bear the ticket expenses.
Hello Mr. Deepak,
Currently I am working for a company in Auh. I have been working here for 1 year and 1.5 months . But as per the contract , starting from Dec.
I have got a better offer from a company in Dubai,in my visa the designation is sales manager. What if I resign from my current employer- I would like to know the consequences and the formalities to get released from my current company.
Hi Deepak, its very urgent question, please assist me as per UAE labor law. I have been terminated by the company and my tenure is 2.8 year in the company. i have been taken my full annual leave for the last year however the six month is remaining to complete one year but the company has the calculation and they deduct 13 days leave encashment from my gratuity. is the company allow to do so ??
hi Sir,
i’ve been working with my company for five months now with an unlimited contract, im planning to resign and go home. i ask hr if i need to pay anything to them if i resign just 5 months. they said i have to pay them 6 to 7k dirhams for my visa that they processed. please tell me if they are wrong or not. thanks
That is not correct. You do not need to pay anything under Unlimited contract.
Under limited contract, you will pay 45 day salary.
Visa costs are not to be borne by employees.
Dear Sir, My visa is unlimted visa 21 months. I have been working this compny Now i find other job with better salary so i already send my resignation june 11th 2017. My last seen working day 11th july 2017 almost 16 Days. I am waiting for cancallation still not yet
Can you plz tell me tha Labour low for about that
Thanks ,
Nabeel
Is your labour card cancelled? Talk to your company PRO because cancellation of visa does not take more than a day.
Yes, you are bound to serve notice period as per your employment contract.
good night SIR/MADAM.IF my sponsored cancel me any my working performance not like company is cancel my racedance card.how well get benifit the insurance. plz let me know and give me online insurance link my own my insurance.
Hi, Your visa is linked to your residence visa. Once the visa is cancelled your insurance will be cancelled automatically. In this case, you may check with the insurance company directly.
I have been given my termination notice that is two months. Am I entitled to use my notice period to search for a new job as if I work all day I dont have the chance to search.
No, you have to serve notice period as per your contract.
However, you could request your company to consider your request.
Hi,
Just i came to Dubai in employment visa, i didn’t went for medical also, now i dont want to work in that company. so what i can do, please suggest me . any ban s there to resign the job before medical /medical .
You should talk to the HR to cancel your employment contract and entry visa.
Hi,
I was working for the same company for almost 5 years, actually exact 5 years but my visa processed month of October and renewed latest December, I used to go for holidays during Ramadan, and this is my question, I am planning to resign and give notice period for the whole month of July which is I am supposed to go for holidays, I will go to work on my notice period (July) of course. AM I STILL ENTITLED FOR THE LEAVE SALARY EXTRA? Thanks in advance
Yes, if your leaves are accrued, then your company should pay you.
Hi Sir,
I would like to know, what can i do after i complete my 1 month notice period? I already informed my notice letter through mail, but i did not get any response from the employer, I discuss with my operation manager regarding this he said Employer not ready to agree my cancellation even they may hold my salary he replayed. almost my 45 days salary with my employer hand plus settlement money also. Please advise me clearly in this issue.( i completed only 5 months here)
I submitted notice of 2 months on an unlimited contract recently which was accepted by my company. They say I am not entitled to receive my salary for the notice period as per normal monthly pay cycle, but that it will be paid with my final settlement money. Is this true, as to go 2 months without salary would be unfair and difficult?
Hi Deepak,
I have just submitted my resignation for a company I have been working for a year. Last month they have deducted increase in my salary (which they gave me for doing tasks for second position and in which i stopped on doing) , however i know that legally company can not deduct frm salary without notifying the employee first. Does that apply here ?
Dear Sir,
I have submitted my notice of 4 weeks (1 month) as per my contract. Included in that notice I have 2 weeks leave that was booked a long time ago, the leave is in the middle of my notice, I work one week before the leave and 1 week after the leave. The company is questioning my leave and telling me I must work 2 weeks more, effectively giving 6 weeks notice as the leave period does not count. Is this correct?
Hi
I just want to ask of you do an immediate resignation,is your full one month salary will be deducted in your gratuity?
Thank you
Dear Sir/Madam;
I have an question about my situation. I want a cancellation so when she come back here again at the UAE I tell her that end of the month I will stop working because I cannot work more I’m tired. In two weeks we have only 1 off and sometime we work more than 8 hrs. And every Friday we work 15 hrs. but everytime I spoke with here she said after. And the last time I spoke before I stop working she said she cannot cancelled me because the new owner need two cashier. She want to sell the shop including the staff.
So it is valid to Inform her one month before I leave without giving a resignation letter?
Thank you, I really appreciate any of your responses for my letter.
Geralyn Lanzaderas
Hi… I hv joined a Co. One month back, they made me sign on a contract and along with that they made me sign on another fraud contract which says I hAve taken a loan of Aed 5000 from them which I hv to pay back at the earliest , this is not true. I had to sign it as it is their Co. Policy so that if employees leave before 2 yrs they will hv to pay it.
Next their PRO informed me that only 2000 is mentioned on the contract which was in Arabic, and the rest I would get is 900 cash as 100 is again held by the Co.
Again , although I am on husband visa they have retained my passport.
Since the day I have joined , I have seen staff have not got their salary for 2 to 3 months, and also got to know that it is the Co. Policy to hold one month salary, so I too didn’t get mine.
The Co. Atmosphere is very hard to survive , no appreciation but too much nagging to a level where we are forced to give written complaints of each other or staff so again as per Co. Policy fines will be deducted from their salary . Again a method used by Co. To pay less to staff.
The owners are so much irritating that It has affected my health as I have high BP and spine issue.
I do not wish to work with this Co. Even for another single day .
Please advice what I can do? They have my passport and the fraud contract saying I owe them Aed 5000 which is false and I haven’t got my labour card yet. Please help
Hi Deepak,
I was working as a Manager in one of the firm in UAE.Due to business restructuring I lost my Job and served a 1 month notice which ended on 29th Sep 16 . I had requested my management to provide sufficient time to find another opportunity in UAE as I have my family here and wish to stay back and not planning to go to my home country due to my Sons Schooling .They were generous enough in providing me more time till 31st Oct 16 to find a job. They haven’t released my final End of service dues yet saying that it would be released during the cancellation of my Visa. Please advice is their action justified in not releasing my End of service dues on the pretext to safeguard any legal obligation.Pl advice ASAP.
Dear Sir,
Hope you are fine, I want to immediate resign from my current company due to some of my personal family reasons and I want to go back to my country within a week but my company is not allowing me to go. So can you tell me what will be my right I can take action on them or not?
Waiting for your kind response.
Dear Deepak,
Company was terminate me on 31st September and I am on my notice period and searching the job but now company telling me to go fujairah for the nightshift assignment from Abu Dhabi until completion of my notice period .I tell to company if I go to fujairah night shift job I am not able search the job but company not listening me. If I am not going to fujairah company can take any legal actions against me.kindly advice.
Dear sir
I have recently join a company in jafza free zone
And I m resigning from the company because I m suffering from spinal problem (health issue).
Six Month probation period is there. Will they accept my resign.
Hi,
I got terminated from company on my 9th year there. My contract was unlimited. How to calculate the end of service benefits? Am I eligible for 3 months salary on termination? Can I attend interviews during my notice period of 1 month?
Thanks & Regards,
Sumesh
i am working as accountant in Dubai can i eligible for due salary and air ticket to go home after 10 months
Hi Mr. Deepak,
I am working in Tecom. I was terminated for the reason of redundancy & they said that my service is no longer needed. But i believe it is not the genuine reason because we have so many projects coming in & they are hiring more people to join the company at the same position that i have (which makes my position not redundant). The real reason for dismissal is abitrary. What shall i do? Can i file a case against them?
Thank you,
Ives
Hi! I just want to ask if it’s still legal for my employer to require me to render an overtime even if i have already submitted a resignation letter? thanks.
Dear sir,
I have something to ask. I’m working in freezone are here in uae ” ras al khaimah” and I’m holding unlimited contract running to finish 2 year and 8 months this Aug 17 . I’m working as a room attendant in one hotel.my company that I’m working now they terminate us and they give a notice period one month to work. They terminate us because they hire another companies to do our work/ job.
Now my question are:
1. Why we need to give render (30) day?? If they terminate us already..
2. What is the benefits that we can get from our company??
3. Is it they will pay 3 month salary for us ?? Yes or no and why??
4. They can give our graduate?? Yes or no and how much???
5. How about those people not finish 6 month or one year in this company what benefits they can get??
This company they terminate housekeeping department..
Can you help me regarding this thank you …
hi deepak. ive worked for 1 year and 4 months in the company. do i need to observe 1 month? or 2 weeks is fine since i am sponsored under my moms visa. ?? and i am required to a new freezone comoany in 2 weeks time
dear sir,
I am working here uae last five year, I am not happy because this company is not good, I want to change company, I resign from my company, and select a new company but my old company need my new company offer letter otherwise my old company will not cancel my visa, if I give my new company offer letter to my old company will fight with new company and stop my new job
I am on an unlimited UAE employment contract and have worked for this company for two years. My employment contract states that a 90-day notice period is to be given in the event of resignation, but I have found a new job and wish to start it as soon as possible.I am willing to serve a notice of 60 days and pay for the balance in lieu of compensation. My question is:this company is not letting me go and forcing me to serve the whole 90 days without giving me the payment option on notice period reduction. How can I tackle this legally as I need to join the other company ?
Hlo sir
Sir i hav been working in this tanzifco company since 15 months.
I was give cleaning work outside on hot sunlight so i refused.after tat i asked for change bt didnot got it so i stopped my duty.
Our company takes charges of national id ,company id ,gives fines.
After i gav my resign letter they asked me for visa recovery money.and tried to b aggressive on me also.so i refused on it.they didnt gav me any notice period its been more than 2 weeks of my resign letter accepted bt no notice period…
What should i do
Sir,
I’m working in a Freezone Company UAE, I am terminated from my company and my notice period also finished. but my company didn’t do visa cancellation. nearly 20 days I’m staying in UAE after notice period because my company didn’t do my visa cancellation process. So is there have any possibility to get salary for the days I stay here after my notice period? Please reply me
Hi, i resigned from my company on 14th march and on 15th march went to serve my notice. On that day the company gave me a letter accepting my resignation and also wrote that I have been relieved from my services with immediate effect. It was also mentioned in that letter that i dont require to enter the office premises again and the full and final settlement will be done according to uae laws. It was also mentioned that i have to liase with the HR for the handover, f&f and visa cancellation process. I am on an unlimited contract. After receiving this letter,i didnt enter the office. However after 2 days they wanted me to come to office ans serve the notice. They tried to threaten me that they will deduct my amount for the number of days i was absent. But i replied to them they have already relieved me from my services. So then they said to come to office to do the handover. However their only intension was to harrass me. I sent them handover by email but they still wanted me to come in person. Hence i complained to the visa issuing authority(freezone) and they called for mediation wherein i agreed to do the handover provided they allow me to enter the office premises on their own accord. They did not reply to any emails and now my 1month notice period is over. I am scared to enter the office as they will either harrass me or put false allegations on me. Please advice how to go about this as i am very confused. I want this visa to be cancelled as soon as possible. Is it ok for me to go to the office now and do the handover? Does this handover have to be within the notice period? What action can the company take against me?
Hi Deepak,
I resigned on dec 10, 2015 and my employer asked me for 3 months notice. and he told me that i dont need to pay anything just i need to finish my 3 months notice. now, i already finish my 3 months notice and they already hired a new secretary but still they want me to extend. i told them that i need to go back to my country since i am sick and they didnt give me medical insurance since i joined the company. Is there any possibility that they will make a complain to me and not cancel my visa because i did not extend to my company?
thank you for your answer.
Hi Kim,
First of all they can’t make complain to you because as per Law you served already your Notice period.
second of all, the Notice Period can be extended only if both parties agreed to extend it, but since you are not able to extend then they can’t do anything and they have to release you at the earliest.
for any question email me: [email protected]
Hi Deepak, Please I need some help with regards to my problem, I have resigned from my job and completed the notice period, but before my visa get cancelled I left the country because I have some unpaid loan and credit card.my question is like this my previous company can process my gratuity even I am in my home country? please help me on this matter. thanks in advance.
Dear deep aka
My sister got a job offer and signed the contract with the company.after 1 month they called her and said that her working visa was rejected and she was asked to go to the labour office .please advise
Hello,
I am currently working with an international chain of hotels in Dubai and have given the company 30 days notice. However, under mutual consent, I have preponed the last day to one week earlier. I have worked all 5 days of the week. However, I would like to understand if the full and final settlement should include the wages for the weekend as well. Please advise.
Dear sir,
I am working for a construction company now, i got another offer from a company better than corrent position , i gave resignation letter to authorized persons but he didn’t sign in my letter due to unavailable of replacement , is it is reason to block my resignation
Dear sir
I signed my contract in September 6 but I got my employment visa on November 15 and now I would like to go away from the company what shall I do please thank you
hi Deepak, I work with a semi-govt company in abu dhabi. i’m working in sales and now resiged after 6 years as am getting a job in Dubai. I served the 30 days notice period. Although my HR accepted the resignation and collected all the company properties like access cards, insurance cards and mobile sim, they have not cleared the dues and visa. Due to which Im on verge of loosing new job as it is now more than 10 days that I finished by 30 days notice period. As per HR they are waiting for the clearance from finance and sales deptt. I was told by my line manager that because there are clients whose payment is yet to come. they will release me only if I collect the payment or get balance confirmation.please advise if I go to labour court will law be my side. I had given all possible details of these clients to our finance deptt and line managers. Some of these payments are overdue since last 3 to 4 years. currently i m without any job and only after i get my visa cancelled can apply for new emplyment. can they put a ban on me?
Dear Deepak,
Is there such law in “UAE Labour Law” that if we are absent without permission than the employer has a right to deduct 2 days salary for 1 day absenteeism. Kindly give me reply with proper Article Nor Law.
My Office Working Days – Saturday to Thursday (6 days working)
8 hours Working with 1 hour break
Thanking you,
Mohammed
I work for a school and after i recently submitted my resignation and started serving my notice period. My employer started giving out threats that he will ensure i will never get employed in uae again, adding he is doing some case against me.
Following the same messages he sent some demeaning texts saying my market worth was v low and that he feels i exploited the school to complete my education. I’ve been under severe psychological stress because he’s a very influential citizen here and it seems he has some strong connections even with the authorities here because I’ve been turning a blind eye to all the evils I have seen so far.
How can I legally safeguard myself?
My visa is not of a teacher, it is of a computer programmer.
Dear Deepak,
Is there such law in “UAE Labour Law” that if we are absent without permission than the employer has a right to deduct 2 days salary for 1 day absenteeism. Kindly give me reply with proper Article Nor Law.
My Office Working Days – Saturday to Thursday (6 days working)
8 hours Working with 1 hour break
Thanking you,
Mohammed
Dear sir,
My agreement for 2 years. After how many month lattar I can give my rasignation later with out pay for visa.
Dear sir,
I got a new opportunity from some other company.I want some clarification sir. I was joined in my present company feb15. I am having unlimited contract with my present employer and having salary more than 12000 with engineering graduation. The new company is giving hike of 6000.Since I have completed 9 months in this company I have given one month notice to them. In my contract it was mentioned that it was unlimited contract and notice period will be as per UAE labour law.But my employer is mentioned in my resignation that it is accepted based on 3 months notice like that he mentioned. While our discussion he told me that project is in critical stage I can’t accept this. Also he told that if u want u go to labour court. I don’t know what to do now sir. Kindly help me sir. What is labour law is saying in my situation. Whether one month notice is enough?
Hi depak,
My start of employment was oct 10,2014 and i gave my resignation letter on sept. 30, 2015 but i continued til oct. 27,2015.. They told me that i wont get my gratuity and my airfare.. My contract is 1 year.. Do you have any link saying that i can get those incentives.. Tnx
Hi Deepak,
I left a company recently as a new position was made on the same salary but better fit for me. Happy i was, until yesterday. Just over 3 weeks into my new job, the company have told me they cannot pay me my agreed salary and want me to reduce by nearly half. They will honour this 1st month, but want me to sign a new agreement to take less. Obviously I am in probationary period and if I dont accept i have to accept that i no longer have a job. Its the 4th quarter and from experience know that it is near impossible to secure work. They have me by the preverbials, do i have any law on my side? Or should i simplysign the new agreement until i secure another job with better security?
Thank you. Im under a freezone visa.
Dear Sir,
Good day!
Sir,I want to get an advice from you. I know if I decided to leave my work I got ban.which ban (6 months ban or 1 year ban) if I decided to resign immediately ?and then ,what is the best do,I give them a resignation letter or I’ll do a successive 7 days absences?Iam a under probation.3 months s.and if Ill go home to my country,could I comeback here?
Dear Deepak,
I have a friend who is working for freezone visa for 3 years but contract is 2 years only, finish contract last Oct 20, 2015 and serving 30 days notice period, if something happen to his home country and needed immediately is it possible to submit letter for urgent release and go home immediately? Is there would be a absconding case if he does this? Hoping for your kind response
Hi Deepak,
I am currently in Unlimited Contract ,I have worked with my company for the past 10 Months, Now I resigned my job, because im going to get married and will be Relocatted.My company accepted my Resignation and currently in notice period.But the problem is My Company is asking me to Pay my one month salary to them in order to proceed the Cancellation.
Please advice.
Thanks in Advance!!!
Hi Noor,
you have to pay one month notice period if you will not serve the notice period, but since you are serving the notice period then they can’t ask you to pay it.
this as per law (Article 119).
Hi Deepak,
I was wondering. My nephew worked at a company for 8 months (once October ends) and received a 30 day notice. He has not used any leave days. The company says he has accrued 15 days of leave which will be encashed with his remuneration. Shouldn’t the 30 day notice be considered for 9 months of accrued leave? Or should it infact be one years worth of leave encashed anyway?
Dear Sir/Madam,
I have a big problem and its killing me both sides i dont know what to do. I want to go back home but im forced to stay in tge country without visa because of my employer as he has not done my settlement of dues but taken signature on the cancellation of visa papers and already cancelled my visa. I am a Hardware and networking engineer by profession with bachelors degree attessted and diploma in computer hardware and networking. I got an offer but the boss spoke to me and told me if you are ready to learn a new thing GAS DETECTION i have a job for you, you can do your IT work for our company and learn the gas detection thing and do sales for your extra income. In this way he tricked me at first and he said he will get me in the country on sales visa and later change to service engineers visa but he didnt do that. I didnt realize he cheated me there; thought may be it must be the way to get in. This is my first job abroad so i had no idea if this was ok or not so i came here on sales visa paying my own ticket and company didnt reimburse me for that as i didnt know that it was to be taken from the company back. I came to know everything after i cancelled my papers. I singed on the contract which is limited with the offer letter mentioning something different and contract stating something different but the salary amount same as 2500 dhirams and the position also as sales executive it didnt change. This also i realized when i left the job. I didnt have my contract copy with me but i found it online and printed and kept with me. First he said you will do sales for extra income other than your salary but later I was forced to do sales and my salary depended on sales only. My employer would tell me if you cant do sales you wont get your salary. And he told me to do gas detection work and made fake certificate with my name edited in the old certificate of anoter employee and let me do the risky work of gas detection with explosive levels severity. He has forged my certificate for gas detection. Which states i have attended a training session for the brand entity. I used to get my salary also late but used to get it every month but instead of 5th or 7th it would come on d 22nd or 25th of the month(Sept salary would come on Oct 22nd or 25th 1 and half month it took every month the same thing). I couldnt pay my rent on time eat or do the necessary things and send money back to my family back home as a result of this so with 3 things that i did in 1 contract and 1 salary paid i was over worked and frustated so i decided to resign atleast completing 1 year. I worked for 1 year in total from 16th Aug 2014-19th Aug 2015 with my notice period included after my resignation on the 26th of july. During my 1 months notice period they took my signature on the cancellation papers and didnt pay my dues; i was unaware of that even, that the dues had to be taken before i signed the cancellation. I didnt get my 2months salary and my leave salary which i am entitled for as my dues also my ticket money which i came to Dubai and commenced job with. My employer told me if u book your ticket for returning back to home country and show me i will give your salary of 2months only nothing else so i booked my ticket for 1st Sept 2015 and when i heard that hes not giving me the money and he told he will give at the airport my uncle told me hes not going to give you anything at the airport only your passport and tell you to leave so i kept my ticket open. And gave a complaint in the labour dept. on 8th of August 2015 as i came to know that my employer has bluffed me tricked me and taken my signature on the cancellation papers. I didnt get any call or message from the labour dept. Till i went there and they updated the list of complaints. Then i got a call on 29th of Aug 2015 and the lady conferenced me and the Admin of my company and she heard both sides and told you will have to get an appointment and i waited for it. Finally i got an appointment on the 22nd of October and when i reached there i saw my company’s owner for the first time along with the admin. i figured out that the lady telling me that it is my mistake to sign on the cancellation of visa papers your mistake that you stayed in the country without visa after cancellation and your mistake you are asking for your salary as your have to pay to the company 45days as compensation. I got another appointment for 28th tough dont know why. But what should i do?what should i expect? Now my question is will i get justice from the labour dept.?
Will i get my ticket money of coming to Dubai from India as i have cancelled my contract and visa? Also i booked my ticket theranted by my employer and then kept it open to get the complaint be given will i get the money for the ticket i booked to go back?(employer told me he will pay my dues at the airport if he wouldnt pay i would have had to go empty handed so i cancelled my return tickect to India) Will i have to pay 45 days compensation to my employer?? As i have given a months notice after resignation?? Will i have to pay the fine for 2 months as the appointment of the case came in late and i was waiting for justice so long? My passport is with the employer and not giving me. He cannot hold my passport but hes telling he will giv the passport at the airport but i want to know should the passport be with him or with me as i dont have any leagal document with me as of now like emirates ID or passport. Can he hold my passport?
Hi thank you for this wonderful blog..
I am currently in temporary visa with my company but I never signed offer letter and contract to them. Now, I want to resign, because I’ve found good job in other company, my problem are:
1. Is it OK not to report to my current company and signed other offer letter?
2. Is there any payments should I pay to them?
3. Can they force me to pay for that?
4. How cud my new found company apply for my new visa under their company if my current visa is on the name of my current employer? What is the best thing to do with this???
Please please I need your answer..thank you..
Dear Mr. Deepak,
I’m seeking for advice in my current situation, if your working under unlimited contract for over one year, and there rouse asituation u can’t handle, and you take a decision of resigning before the contract ends. is the company supposed to give you airticket back to your home country?
Hi Alafa,
am sorry am confused a bit, is your Contract Limited or unlimited? if unlimited then it will not end.
Hi I had completed my notice period and it’s more than 10days my company was not. Giving clearance, when I ask for it they are saying daily one new problems and asking me to resolve they will give clearance., am doing a Marketing job in my company but there was a separate sales division in our company, but my company asking me to follow with the collection of payment from some customers which was not my reslonsibility and duty in y contract , how can I proceed in this situatuon
Azeem,
since it is not your duty, you should further request them to cancel your visa and provide you cancellation documents.
If they don’t, you could file a complaint with MOL.
Hi! Just wanted to ask, if ever I resign, can my company hold on to me after I finish the 30 days notice period if they weren’t able to hire a new replacement?
Cloud,
yes, notice period is mandatory.
sir. i am working in limited contract and i am working now for 1 year and 2 months.. i decided to resign because my husband wants me to stay in my country.. i signed resignation letter for 1 month notice..and i already pay my 45 days and promised me to work for 1 month and i can get my salary.. after i pay, the HR manager wants me to book my own ticket 3 days from now!. he failed to do his promise!. he wants me to do outside of the country as soon as possible but i have my 1 month notice.. he took already my salary card and emirates id..and this afternoon..he wants me to go to the office and asks me to sign the cancellation..he is forcing me to sign without any settlement.. they didnt give me also the receipt of my payment.. i just want to work for 1 month so that i can get my salary this whole month to buy my own plane ticket but they dont want.. and now i am not on work because they told me dont come to work until i decide to sign the cancellation.. they are giving me 2 to 3 days to sign.. what will i do??
Marius,
You should have paid only at the last day of your working the 45 day salary or along with the settlement.
This is illegal what your company has done.
You could file a complaint with MOL.
Hello deepak ji,
I have been working in a freezone company for last 14months in a unlimited contact and i already resigned on September 17th, now I’m in notice period of one month as for my contact but now i have a critical condition that My mother is very critical and i want to go as early as I can but my company don’t want to leave me and forcing me to stay until my last day of notice.
And when i submitted my resignation letter to them , my manager was demanding me to pay 5500 dirham otherwise you can’t go. Even though i agreed to pay 5500 dirham as my mother is critical and i want to see her but still they dont cancel my visa.
Please advise what i can do?
I have my passport with me so if i will run away without cancelling my visa then what will happen next?
Can i come back to UAE again with other visa or not?
Shahid,
Free zone companies do not follow UAE Labour Law.
I have no much knowledge about free zones.
Hi Deepak
I was working on limited contract for 2 years. But I do not wish to stay with this company till then.
I resigned from my company giving one month notice, now only two weeks left.
I noticed the company did not transfer my salary for the month before. I was wondering about the 45 days compensation for the company for breaking the contract. Do I still have to pay them even though I gave notice ? Although no damage was done, even they did not have to pay for my visa expenses as my visa is sponsorship.
Also about the ban will it be 6 month or 1 year ?
Thank you in advance
Dania,
If you are breaking limited contracts, yes, you have to pay 45 day compensation.
You do not need to pay the visa charges.
Ban may be applicable for 1 year under limited contract. Read: http://emiratesdiary.com/uae-tips/types-bans-uae
Dear Deepak,
I am on a limited contract which states I have to serve 3 months notice period.
I have almost spent 9 months in the company and I want to resign.
I wanted to know that if I resign agreeing to serve 3 months notice period, do I have to pay 45 days salary for early termination of the contract?
Your prompt reply shall be very helpful.
Regards
Wasti,
Yes, you have to compensate your company.
dear sir,
i am working in hotel 2 year 9 months ,two months before my hotel name was rebrand new name with same sponser.but they issuse two months notice letter but i did not sign thatone. In my original employment agreement my notice period one month only . i am going to resign my job . i can give one month notice period.
Ganesh,
If you have not signed new contract, it will be one month notice period.
Hi I’ve been in employee for 18 months in my current role and they want to change my salary temporarily how much notice period are they required to give thank you in advance
Jake,
Salary can not be reduced without a new contract.
There need to be new contract.
Deepak if I worked for 2 yrs and 8 months in a school as a non teaching staff and want to give one day notice to shift to another school where the salary is almost double. Can my employer impose a 1 year ban? even though I am willing to pay my one month salary.
Fuz,
I don’t think you will have labour ban due to the length of service.
However, it will depend on your contract type: Limited contract or Unlimited contract.
Dear Sir,
This is my first job in UAE, been working since October last year, my anniversary will be on October 20 and the company will give an annual travel allowance by completing 1 year but I’m planning to hand over my resignation on October 30. You have idea how much will I pay when it terms to visa and you know how they will compute the final pay? You think they will get back or deduct the travel allowance? Btw, Im from a freezone company with 3 years contract.
Thank you in advance.
Caty,
I have no idea about this! Sorry. I will need your salary details to calculate gratuity.
Hi deepak
I would like to ask some information regarding 30 days notice period, 1st of all im under unlimited and i have done 2 years and 8 months from current company i dicided to resign on sept 16 2015 and my last day will be on oct 15 2015 because i got a new job, my problem is my manager want me to leave at sept 30 which is i have still left with 15 days but i want to finish my notice untill oct 15 2015 on the require 30 days notice
They have right to terminate my 30 days notice what shall i do deepak??
Anthony,
You must serve notice period as mentioned in your contract or UAE labour law; which is 30 days.
HI sir
can i give a resignation to my employer while im in annual leave?im 3years in my company now
Ralphy,
You could…but why so?
That is not ethical if you just want to resign.
Company could also report you absconding if you do not report to work after your annual leave completes.
dear,
As per the offer letter to me notice period mentioned 6 months. I am planning to leave to company, so i have to give them 6 months notice period…?
can you explain me…
thanks in advance
Babu,
If you have signed the contract, Yes, you must serve the notice period mentioned.
hi! I signed my contract last 28th of may 2015. and I need to resign because I have an offer from a government facility. Do you think how much will I pay? I am a Nurse and they paid everything for me before my visa,license etc. Please share some advises.thank You!
Dear Mr. Depak –
i have completed 1 and half year with company now i got good opportunity – so i have 3 quest.
am accountant my salary 4k and new sal 5.5 k current company in Abu Dhabi and New company in Dubai
1- new company wants immediately joining – can i give 20 days notice period current employer
2- if my employer not provide me NOC – how i remove ban 6 month
3- after cancellation my wife visa can i issue visit visa and is she no need for exit.
Ali,
1. It is up to your old company to relieve you.
2. Read: http://emiratesdiary.com/jobs-in-uae-2/how-to-avoid-6-months-labour-ban-in-dubai-uae
3. No, she will have to exit.
Good am I just want to ask about my contract I finished already 2yrs and labour expired already and my contract in my company then finished also when I resign I attach the offer letter and the company said I need to stay one month notice but the problem my visa will end Oct 19 and I want to transfer new job they did not give me cancelation I need advice
Evelyn,
Please seek assistance from MOL.
If i ask my company for resignation without notice period and they sighn it. Shell i pay penalty? And i worked for 10 months this is 7 or 30 days notice period?
Alia,
yes, you are required to pay the notice period salary to company in lieu.
Can an employer force an employee to take accrued annual leave during their notice period?
sir i have unlimited contract with my company. i resigned with one month notice period but my manager reject it. what i should do now ?? legally can they reject notice period resign ???
Syed,
Employers can only request not to resign.
Dear deepak . I am currently working with a bank and I am on a 30 days notice period with my company which ends.on 28th September 2015. Can the company terminate me when I am on my notice period based on just my performance .
Kevin,
The employer can issue immediate dismissal but needs to pay for the notice period as per contract.
Dear Deepak,
I am working in a free zone for more than 2 years, in a unlimited contract, under husband visa. I would like to resign without complete the notice period (30 days), can you explain me about the “Compensation in lieu of notice” indemnity? it is mean that I have to pay to the company one salary or something else? I will get the gratuity and the days of holidays that I didnt take? Based in the basic salary or full salary?
Thank you,
Melisa,
If you do not serve notice period, then you must pay the company.
Hi sir
I would like to inquire about my resignation in my previuos company. I join to them last April 11, 2015 and I resign April 23 due to my medical or vital sign condition specialy my high blood preesure. Anyways someone called me from my company that I need to pay 3,490.25 Dirhams inoreder for them to release my passport. My concern is why should I pay that kind of big amount even they pay only for my entry visa, amendment for my stamp for my passport and I did not even perform the medical.
Thank you Sir
Jade,
You do not have to pay anything!
hi i am working in my company for the last 3 years and 9 months .now i resigned and in one month noticeperiod . unfortunatley i have absent in 2 days and absent half days another 2 days.
now my PM informing that you should work 4 days extra from your last working day otherwise he will not release my handover and all.
please advise is this is included in UAE labour low or oi nedto work as he said?
please advie
Niyas,
I don’t think such scenario is covered in UAE labour law.
You should however listen to your manager.
my limited contract will be expired on 17th september. my visa will expire on 27th october. As i got a job i submitted a NON RENEWAL application to my company on 25th August tell that my last day of working is 17th September as the contract expires on the same day. so will i get ban after cancelling the visa after september 17.
Mithun,
If you complete your contract, you may not face labour ban.
Sir, I am working 9 years jafza.I have some family issue I have resign my job without notice period within 24 hours. IF ANY BAN MY VISA?
Kader,
If you have worked for so long, your employer should consider your request for immediate resignation.
However, cancellation of notice period is up to them.
Further, Jafza companies need not follow labour law.
Thanks for this wonderful article you’ve created.
I just want to consult you regarding about my situation. I’m about to resign from my company and I have doubt regarding about my situation because of my colleague left with heavy heart regarding about gratuity and visa cancellation. I have work for 5 years now in my company. First I have Limited contract which states that I have give 3 months notice period before I will resign. After A year the company lowered our salary to almost 30 percent of our salary because they said the economy is bad even we know that our company have a very good profit that year and threatened us to sign a new contract or they will terminate us. Then all of us signed the new contract afraid to lose our jobs under with new unlimited contract. Most of my co worker before who left the company rendered 1 month notice under new contract. However, the company deducted 2 months of our salary because of the agreement that we must give notice 3 months before resignation in the limited contract.
My question is.
1. If I will give 1 month notice can they deduct 2 months salary in my gratuity because of the limited contract agreement I signed before even though they change it to unlimited contract after a year without new confidential agreement papers like before. All I have now is my new unlimited contract from MOL.
2. What will be the computation of my gratuity which I served 1 year under limited contract and 4 years under new unlimited contract?
3. One of my friends only give his passport and canceled visa at the airport and he must go back to his native country. Are the company have the power to do such a thing even though you are locally hired here in Dubai ?
4. One strategies our company as is delaying tactics. They never replied to any emails regarding about your resignation. They will just reply when employees almost serve his notice period. And asks you to serve more because of the transition and they need to find your replacement. If you already informed them and said they just knew your resigning after almost a month. Is this means you have to serve more days? Can company stop you after you give your 1 month notice because they just knew your resignation.
Please enlighten me.
Regards,
James
James,
1. Notice period should be as per the latest contract and not previous one.
2. Gratuity should calculated from the initial contract date and not the latest contract.
3. Yes, companies could insist the employees to exit the country after cancellation of visa.
4. You could file a complaint with MOL for this.
i have a question.job offer given to me and signed by me shows notice period of 2 months in case i resign but there is no special condition mentioned in labour contract so in this case what is actual notice period for me?it will be one month or two months?
Ihsan,
It will be as per labour contract.
Dear Deepak,
I am employed with a company in Dubai, but have no contract or offer letter of that company. But, I have been deputed to Saudi Arabia for projects and I have Saudi Iqama from a different sponsor (tie-up company in Saudi) and employment contract from Saudi company. But salary is paid by Dubai company.
As per the Saudi company’s contract, notice period after resignation is only 30 days. My Dubai company is forcing me to server two months notice period, or else asking me to pay one month full salary for 2nd month notice. There is no contract signed or employment letter given to me by Dubai company.
Is it correct for my Dubai company to force me for 2 months notice period or ask me to pay for one month full salary?
Kindly advise.
Raman,
Since you are serving in Saudi, those laws will apply to you.
Hi Deepak,
I am under visa and currently working in one of photography company in Dubai.
The thing is my husband get a job in government in abu dhabi and we need to transfer immediately. Within less than a month.
Question:
1. I need to file my resignation with one month notice though I am currently under maternity leave until September 15. We need to cancel my previous visa before proceeding with the cancellation of the visa of my husband. What will be the best approach with my situation. Due to my condition I cannot serve more the notification
Looking forward for your suggestion.
May,
This is a bit complicated situation.
You should consult your company.
Hi,
I have given in my resignation and serving my one month notice period. The company has cancelled my insurance and I wanted to know if this is legal
Dipti,
They could cancel the insurance after you left.
However, there is nothing specific written in labour law in this regard.
Hi Deepak,
I have been working in my cuurent company for 2 years 9 months under unlimited labour contrct. I have found a new job and i have given my resignation with one month notice period. but the case is i didnt serve the notice period.
the company has given me a calculation for my end of service benifits.
Gratuity + Leave salary + no of days i served – one month salary as a penalty for not serving notice period.
they say it’s the labour law thta i have to pay a full salary as a penalty.
is it true ?
kindly advice me on this.
your earliest reply will be highly appreciated.
Hamdi,
yes, what your company has done is correct.
Deepak,
Company has given me a notice period for 1 month 29/06/2015 to 28/072015. I will be almost complete my notice period. Now the employer told me they will deduct my salary from my final settlement because they said I did mistakes in work.
Is it legal to deduct my salary for mistakes from my settlement amount ?
My contract is unlimited.
Sami,
There can be no deductions without valid reasons.
Hi, Deepak
I joined a company in Dubai 1st march 2015 and my salary is 4000k, and i have signed 2years contract, till now i have completed 5months right now i have some problems in my home country and i have to go immediately and i may not come back for 3 to 4 months. My question is can i resign from the company now before probation period of 6months will my company will accept the resignation or not.? According to the law can they reject my resignation or they have to accept.? Question 2 if i go on emergency leave and if i dont come back what kind of ban will be implemented on me.? and can that ban wil be lifted if my education documents are attested..? Please do reply for all my question.
thanks
Hussain
Hussain,
If you are breaking a limited contract, you would face 1 year ban.
It is up to your company to give you permission with this regard.
If you do not come back, you may face absconding case against you.
My wife is working as doctor in UAE since 8 months under unlimited contract. Duty timing offered was 9am to 5pm on offer letter and was assured timings will not be changed to night shifts.She worked 9am to 5pm during all these 8 months but now her employer is forcing her to work 2pm to 10pm without any transportation facility. Its uncomfortable for her to work at night shift which she already discussed with the employer but he refused to listen her concern and he is asking her to resign.May be they are creating issues so that she quits herself from the job as there is no other work related or performance related problems.So our questions are :
1. Can the employer change duty timings according to his wish?
2. Is it better to resign with a notice period or get termination letter from the employer?
3. Will there be any ban since she is a doctor?
4. Is Noc must to avoid ban?
5. If notice period is given by her can she continue to work 9am to 5pm during this period or will have to follow the changed duty timing? Employer is threatening to mark her absent and will not pay if she follows 9 to 5 timing during notice period also.
Please help us to decide. Waiting for your reply..
I file Resignation last June 11 2015 , i already finish it, it is possible that i will not go to duty? they did not allow me to resign. i file already case at MOL.
do i have to duty?
or may i not go to duty?
thanks
Will,
You should listen to what MOL says.
Hi boss..
I am sales working in LLC company after working 2 years and 2 months i got offer letter from one company the Hr told me 45 days u can cancel ur visa possible to join our company and put my resignation letter to my present company as per law 30 days notice period. Now my company told me for we need three month for leaving u because we dont have man power now what i do ?
Can you suggest me how and with in how many days pls boss im waiting ur rply
Haris,
Company is under violation here.
They could request you to stay but can not force.
Sir,
I am on an unlimited contract, have served over 30 months in company; I gave my 30 day notice and ask for my last day to 3 August. This notice I provided was 36 days. I have been told I have to remain in the country at my own expense for 7-10 days longer for my settlement processing and my visa cancellation. What is the legal aspect of the company holding me in country for another week plus?
Thank you
Thorn
Thorn,
As long as your visa is valid there is no legal problem.
Even after the cancellation of your visa, you have up to 30 days grace period to exit the country.
Deepak,
Per my question above – the company is requiring me to stay later so they can finish my settlement and cancel the visa. They are not paying me for these days that they say I have to stay. Is that legal to make me stay in country longer and after I have worked my last day?
Thorn
Thorn,
You should be paid for whatever time you are with the employer.
Hi, a friend of mine was given an offer letter which states job as chef, it also states that contract is for two years and requires three months notice. It states the name of the restaurant to be employed in.
However when my friend started work, the labour contract was unlimited period, the company name was different and a general trading company, and the position was “sales”.
I am sure this a violation of the law. Of course my friend did not know anything about the law of UAE and continued working as chef with out question.
After one year and 11 month of service, he gave one month notice that he would not renew contract and wished to resign. Notice was accepted by company.
However they stopped him from going to work for the final week of notice.
They have not paid any salary, gratuity or pro-rata leave pay as settlement and his labour card and visa have been cancelled. They made him sign papers that he did not know what they were.
Two months have now passed and they still have not paid, and now they say they will only pay a fraction of what is due, as the contract of offer was broken – i.e three months notice.
My question is:-
Am I correct that the notice applicable is that in the labour contract?
That the offer contract is invalid as it does not match with company name and occupation shown in labour contract?
That this is a violation of the law?
That a company has no right to hold the passport of an employee during service? (they held passport all of the time, even after cancellation of visa and labour card. They only released it after showing new employment visa approval).
What would be the penalty for such behaviour for the company. My friend is not alone, there are others in the same position as him.
Thanks
L Thompson
Thompsoon,
Yes, notice period should be as per what is mentioned in the labour contract / 30 days.
Offer letter would be invalid in the court of law when there is a labour contract available.
Yes, in any case companies have not right to keep employees’ passports.
I am not sure about the penalty.
Hi deepal, my contract is limited. Its a 2 year contract salary of 7500. I have worked for 1 year 3 months. I have found a new job and salary is 15000. I told my manager that i will resign and give the notice period of 1month as advised by hr. He said no need i can just do 1week and go. If this is the case will the pay me my 1 month notice period? Do i have to pay the company anythin? Will there be a ban? Do i need to get an noc?
Nav,
If your contract says 1 month notice period, then you should get paid for the whole month.
You don’t have to pay anything to the company.
Dear Mr. Deepak
i have some questions
– In my unlimited labor contract the notice period for me is 4 months but it is only one month for the employer..is it legal or no……
– i made my resignation on 29 june, but my annual leave starts on 24 july…should take my leave or shall i wait till the end of the one month notice period…..can i legally refuse taking the leave on 24 july.
Thanks a lot
Ghassan,
If it is mentioned in the labour contract, it is legal.
For the second query, it is up to the company to decide about your notice period.
Dear Deepak
i am currently working in a firm on limited contract. my visa is sponsored by my husband.
i need to leave my job immediately and return to my home country due to my relatives medical condition. i have no plans to return to the uae at all. is it necessary that i should serve a notice period of 45 days. if i leave the country after resignation, without fulfilling the notice period – can the firm take any legal action against my sponsor – that is my husband. kindly advice
Jessy,
yes, you should pay compensation to the company for breaking limited contract.
Actually the company is not ready to accept the payment. they emphasis on fulfilling the notice period. So do u mean to say that means they can take a legal action against my sponsor (my husband)?
Jessy,
If you do not serve notice period, yes, company can take legal action.
Dear Deepak.
Im working for a company In Sharjah and i have completed my 9 months and I still didn’t get my Confirmation letter. When i asked it last month then they asked me to leave the company since my management doesn’t like my performance. For last nine months I didn’t get a proper training and they didn’t gave any Idea for me to work. I created My own work and i did here. So July 2nd again they asked me to leave the company. i would like to know what are the benifits if they terminated me from the job. Or what if i give my resignation. Will I be getting 2 months salary? will i get a visa to find the job
Mahesh,
You should receive salary for whatever time you have worked including the notice period.
Hi! I have question. I m just more than 1 month to the company, I already have my visa, everything. my contract is unlimited contract. but for now I decide to resign because my boss did not want me to give my 1 hour break time and she want me to carry heavy things, like water the big battle of water 5 gallon and put it in the water despiser and some of our product is heavy for me because we sale food. so if we have delivery I will be the one to arrange everything. my position is general clerk, but I do also cleaning, cleaning the toilet the whole office because I am the only employee. our company is new one, ah we have also driver. my work timing is 8 am to 6 pm. now I give my resignation letter 1 month notice as per UAE labor law but I raid on our internal contract that 2 months notice I need to give. so now what are the consequences I will be facing? or what are the possible things that the company can do to me? do I need to pay them something? my visa or my ticket during the exit, because they give me ticket last time for an exit to change my visa status. what should I do regarding this things? I m under probationary for now.
Grace,
If the job does not suit you, you could resign.
Labour contract is the only valid contract.
You must serve notice period as per your labour contract/uae labour law.
If you have resigned, company will not bear your ticket expenses.
Dear Deepak – thank you for maintaining such an informative site.
My wife has resigned from her position and provided 1 months notice. She is obliged to provide 3 months notice.
Therefore the company have deducted 2 months of salary from her end of service. The UAE Labor Law indemnity (Clause 119) states that “indemnity shall be equal to the employee’s pay for the notice period in full or in proportion to the diminished part.”
However Clause 116 states that “the amount of compensation, may not exceed half a month’s pay for a period of three months”
Therefore my question is related to the amount that the company should deduct from her end of service gratuity. Should the 2 months of full salary be deducted (as per Clause 121) or should the deduction be capped at half a month’s pay (as per Clause 116)?
Thank you in advance for your assistance
RS,
If the contract mentions it is 3 month notice period and you have given 1 month notice, the company will deduct 2 month pay.
Can we ask how is the computation of our overtime In this case of working hrs during ramadan, we work at 4pm-4am…how many hrs is our overtime? And were will we multiply this?
Lha,
Read: http://emiratesdiary.com/uae-tips/ramadan-working-hours-as-per-labour-laws
good morning sir,
i just have an inquiry cause it happen that i already give to the company a 1 month notice that i will not renew my contract. my contract was finished already last june 19,2015 nd my labor card was expired last june 18,2015 and the HR asked me to extend atleast until 20th of june and i agree to extend it only until that said date . now when i asked the company about my cancellation they told me that i need to finish my work until 30th of june and balckmail me that if i will not come again to work the HR told me that they will not give my cancellation, settelement and will give me ban. my question is , is it possible that they can give me ban and should i come back to work until 30 even we dont have agreement regarding to that.
thank you
Reneth,
Once you finish your contract, you will not face labour ban.
You could amicably agree to work. However, it is illegal to work without a valid labour card.
Hi,
Deepak
Thank you for your reply. Your answer I don’t understand No 5 answer. I am interesting to continue my contract that is valid March 2017 but my company terminate 45 employee as they said we restructure our organization that ‘s why they terminate many prople including me as my company also said I can find the job in other school and my company have no problem. Still I will face ban how many month please give me the answer.
Thanks sunny
Sunny,
Please contact MOL.
Hi,
Deepak
How are you? I am American teacher in sharjah school with the same school residence visa. I do have couple of questions regarding my termination in school. till valid March 2017
1) my son is in the same school that I am working now what about my son residence visa if my job is not continue ???
2) my wife is also under my visa because I am the main sponsor what about her residence visa?
3) if I change my school or job with in few months do I have to again apply all my family visa or what??
4) or my family residence visa is not affected until how many months I will get another job is there any law in sharjah
5) Do I get any ban to apply another school??
6 The school gave me termination letter on June 18, 2015 in that letter they said one month notice which is end July 9, 2015 technically it is not one month notice. I didn’t sign my termination letter yet.
Please reply with your valuable answers. I appreciate your help.
Thanks
Sunny,
1. Your son’s residency visa will be cancelled first before cancelling your visa.
2. Your wife’s visa will also be cancelled first before cancelling your visa.
3. Yes.
4. Your family visa needs to be cancelled first. There used to be a system where you could place 5K deposit instead of cancelling dependent visa and then transfer them under you without cancelling the visa. I am not sure whether this is continued.
5. If you have not completed your contract, you will have labour ban under MOL.
6. If your notice period is 1 month, they must pay you that salary even if you have not worked during that time.
Dear
This is Adil
I am in a deep problem and I need help the thing is I have got a very good opportunity with a company and it states SAG not LLC.
People told me it’s a government organization anyways
It’s ok for me the problem is,
I gave my resignation on 6th June 2015 and three week notice,
My company accepted it
The reason for my resignation was many I have been physically slapped by my employer etc etc abusive languages etc etc and I got a better opportunity in a better industry and good company
They have asked me to join on22 and my notice period expires on 28 June which is three weeks.
I spoke to labour and they told me one month notice period is as per UAE law and if I don’t serve one month than my present company can impose a one year ban on me and that ban cannot be lifter irrespective of anything
I am aware that I will get a 6 months ban and that can be lifted if I get a higher salary as per my diploma
But wat about this ban which company will impose???
And if I am working in a government agency will I get one year ban from my company?
How to lift that ban ?
And we can be done in order to avoid that one yet ban and how to deal with if I want to leav early without cometing one month of notice
I really want to leave this hell and live a better life in a good company
Please guide me and help me out
Regards
Adil sayyed
Adil,
If you are directly joining a Government Organisation, the labour ban is not applicable. I don’t know what you mean by Government agency. If it is an outsourced agancy, you will have a ban.
Leaving early is entirely up to the company.
You should request for early release from your current employer.
Hi Deepak.
How about the notice period for a Limited Contract?
So regardless of the month’s number of days it will be considered as 30 days? How about the month of February where there is 28 days?
Thanks!
Cheers
Jane
Jane,
Yes, 30 days will be the notice period. It will also depend on what is mentioned in your labour contract.
Hi Sir please clarify regarding last day of work which one to follow joining date or visa date… If for example my visa expires August 24 when should be the last date of work?? I already tender my advance notice with my employer June 9.. And I understand upon completion of 2 years contract I will not have ban..
Marie,
Contract date (labour Card) is considered for resignation notice period as you’d have worked from that date.
With regard to labour ban, you will need to check with MOL.
Hello Mr.Deepak ,I m bhimsen I came here on a labour visa post waiter on visa but on contract its bartender .i came here one month before now I got to know the hardness of work & our job profile they r taking works from us minimum 10 hrs & now I want to change my job in Dubai whr I can get job by my profile.in contract there is mentioned when resignation we have to do 45 days without salary I just want to know it is applicable in probabation period & If I get ban then it is possible to work free zone ( what company’s regarding hospitality comes under free zone
Thanks & regards
BHIM SEN
Bhimsen,
If it is mentioned in the labour contract, then you must adhere to that as you have signed it.
Yes, Hotels are issued visas under immigration. You will not have labour ban.
Please ask your HR directly. I am not too sure about these rules.
Dear Deepak,
I am on husbands visa and was working with a private company. Since day one the company in jot transparent in the work and what they say. Apart from this we were only two employee and the other employee is a guy and friend to the management. He has been mentally harassing me from day one. I have raised complaint to management at several instances but no action was taken. Recently I raised a formal written complaint and again no action was taken. Hence I resigned during my probation. Company is asking me to pay 45 days salary + leaves compensation.
Do I need to pay?? Bcoz I m jobless now.
Company is threatening me that they will take legal action??
What is the worst legal action will they take???
Khan,
If you are breaking a limited contract, yes you will need to pay.
I can not tell you about legal aspects. You will have to get in touch with a Lawyer.
I am on the termination and now 2 days left and employee say no need to come. I have made my handover document but they have not accepted yet. As per labor law if company terminates or either way what is the process of handover etc.
Dhanesh,
There is nothing of that details in the UAE Labour Law.
Gratuity on Limited period on completion of 4 years
Please let me know If an employee employed for more than a year but less than five years under limited contract and complete his contract period, he/she will be entitled for 21 days of Basic salary per year of service ? please detail
However I referred article 132, applicable to receive gratuity, but article 138 does not. please clarity
Khaja,
21 days’ basic salary per year will be gratuity under limited contract.
Hi dear i wznt to ask you my visa is finish next 4 days i didn’t sumbit resignation. I don’t want to renew my visa company can accept these 4 days resignation or need to sumbit one month period but my vis finish 4 days?
Thanks
Muhammad,
That is up to your company and their policies.
I can’t say anything!
Hello Deepak
Am now one year in my company.And I have one more year.I want to change my company after my time ends.I should go for leave 2016 July.
1. Is it that am going to cancel my visa with my company before leaving and stay in my country and find another company.
2. Or I am going to come back from my leave and find another company.
If either will there be any ban on me.
Hamidu,
1. Will depend on you. But yes, visa needs to be cancelled.
2. IF the company allows you and if your visa is still valid.
Iam working in a company on husband visa, I gave notice period till june last. Now i wish to resign the job
1. Will I face a ban ?
2. If I work till June 7, according to law will I get salary for 7 days ??
Rose,
1. yes, despite being on husband visa, you will face labour ban if you have not completed your contract.
2. Yes, you should get all your dues.
Hello Deepak,
I would like to know an information regarding notice period serving.
Currently I am on unlimited contract and company is a freezone, as per contract its 3 months notice period I have to serve. I have an other offer from free zone company and wants me to join in 01 month time.
Kindly advise, can my current company put an ban, if in case I resign and serve only one month notice or can they do any other legal actions against me.
Hoping for your reply and thanks for your advise.
Vivek,
If you have signed that contract, you must abide by it.
On the other hand, you can discuss this with your company to relieve you prior to that time.
Current company will have to release your visa first for you to think about ban.
Deepak
Are you available via phone. I would like to talk to you.
Thanks
Ian,
Sorry, I do not take calls with regard to my blog.
This is not a business; just my passion.
Dear Sir,
My 2 years limited contract will finish on July 20th and I don’t want to renew my visa. I want to take my annual leave for 30 months before my work visa expire. Do I suppose to give a 3o days before notice to my company about my vacation ? because my company says that I can not go for vacation without 1 month notice period. Then if I go on July 1st then I will get 19 days vacation only. Please help.
Thanks.
Jon,
I am not sure whether your company does allow vacation during notice period. Usually companies do not allow that.
It is better to take vacations prior to the resignation.
Dear si,
I am afzal ahmad,i joined a mnc in dubai as a civil supervisor visa issue as a assitant 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 emerency 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…..
REGARDS:
Afzal ahmad
+917841006553
[email protected]
Afzal,
Labour ban is usually for 6 months.
Till that time, you will not be able to get MOL related comapny jobs.
You can enter UAE of visit visa if you have labour ban.
You can also join free zone based companies.
sir
I m working in fastfood llc company since 4mnts n my probation period is 6 mnts, my profession is motercycle driver visa bt my company is not giving me noc paper to open file for license of bike.. I passed my 4 mnts working inside kitchen..
and my questions are ;-
1.what should I do to get my noc paper from company
2.do I have to work inside kitchen though I m as motercycle driver
3. if I want to quit my work do I have to pay company because company is not giving me noc paper to open file for bike license
SK,
1. Only your employer can tell that.
2. If you do not have a license how are you supposed to ride motorcycle?
3. You do not have to pay the company any visa costs. But you may face labour ban.
Dear Sir,
Im working in a company on husband visa for about 5 months. Im pregnant and would like to resign the job due to health issues . Should i provide 1 month notice period ? Am i responsible to pay labour card cost to company??
RB,
Notice period will depend on your contract.
You do not have to pay any costs to the company on visa.
Will i face any ban if i terminate before notice period??
RB,
Yes, labour ban will be automatic.
sir
I m here in motercycle delivery boy visa bt working in kitchen. agent of llc food company told me to work for 3mnts while facing interview in may country. now I have crossed 3mnts n 20 day but till now I m not getting noc to open my file…
what can I do to take noc
I dnt like this company because making to much dreams with us. if I resigh sould I have to pay for company to b back in my country bt sir I hav sign a contract in contract it was written that if company wants it can againa increase 3mnt fo tranning in this how can I get noc n can company add againa 3mnts to work in kitchen plz sir answer me
Shankar,
I am not sure about your current situation from what you said.
Dear Deepak,
Goodmorning.
Currently I am employed in the company as project engineer, in the first stage of application when they hired me as project engineer I sign the offer letter in english only that stating I need to give them a notice period of 3 months from the date that of resignation. I am holding now the labour contract green copy and there is no stating any word for notice period agreement. When I check to labour law in article 117 is was stating that I need to give my company of 1 month notice period from the date of resignation. For your information I am employed now for about 32 months in the company. I want to ask whick I should follow the 3 months offered letter english copy or the labour law for about 1 month only.
Thanks for your immediate response.
Regards,
Ronald
Ronald,
You will follow Labour Law.
Speak to your HR with regard to this.
I am on a fixed contract finishing 25 June. My employer gave me a new contract to sign for another year, expecting me to sign. I did not sign and gave no indication I would. He is now saying he will penalise me for this. Can he do that? I have done 2 years and should get all that is owing to me and leave. Is there a time frame that I had to give for a new contract that I didn’t want anyway.
Vicky,
Once you have finished your contract, your employer has not relation with you.
But you must resign as per law with a proper notice period as per your contract.
Dear Sir,
Hope you are doing fine. I hope you can enlighten me about my situation, I already resigned from my company after 6mos, my resignation was immediate, now my company wants me to pay for the visa cost, with my salary of 2500aed, how much as per uae labor law can they demand from me?
thank you and warm regards,
larry
Larry,
IF you break limited labour contract, you will need to compensate your employer.
Hi deepak
I am here on a visit visa. i have given interview in a company got selected their and they had taken my passport now they are saying go to kish island or oman for exit procedure and come back in this mean time i got another offer from different company now i want to join that company will i face any legal problem.
regards
Dear Sir,
one of my friend is came in Sharjah with an employment visa last week.But now he got another offer and he likes to go there.is tehre any ban is applicable? his post is site supervisor in that visa.
Anil,
If the labour approval process has started, there will be labour ban.
Thank you sir for early reply..
I have one question after my vacation then im looking for a new job.is there any problem to change my job?since ive finish my two years with unlimited contract.do i need to pay the visa they expense to renew my visa in the same company?because my work mate before she pay the visa after she resign thañk you sir
Arnel,
You are not required to pay any visa fees.
Hi, Mr.Deepak,
I am in dubai construction company as an Asst.Engineer, working from last two months only and i want to change my existing company. Please advice weather engineer visa will also get 6 Months Labor Ban or not. My cancellation copy received and nothing mention in Ban column. Please advice your prompt reply will be highly appreciated.
Reagards
Shoukath,
It will depend on the new visa that you will receive.
If nothing is mentioned, you may not get a labour ban.
Engineers usually do not get labour ban.
But to be absolutely sure, please consult MOL.
Hi Sir,
Have a pleasant day to you. I am working with unlimited contract now im finish my two years in the company i renew last april.then now im gave a vacation leave.my salary is 2,400.now my problem si they only giving me my basic salary wich is 800 so meaning to say in two years 1600.as far as i know if the employee finish one year they can avail for anual leave wich pay how much they earn in a month plus allowances..i have the right to complaint?then they told me wen im coming back they will give the rest of my leave pa.thank you
Arnel,
Leave salary must be paid in full!
Hi deepak , how are you ?
I finished 1 year 3 months under unlimited contract.
According to my offer letter issued , my noticement period is 3 months.But according to UAE Labour law notice period is 30 days.
No companies will wait 3 months to hire a employee .
1) Does this 3 months noticement period has any legal clarification?
Because UAE Labour Law itself has told only of 30 days.
2)Is there any option to cut down these 3 months noticement period to normal 30 days as told ?
Sunil,
1. If you have signed labour contract, which mentions 3 months, you will need to provide 3 month notice period.
2. You will need to discuss with your company.
Hi,
I was resigned my sales job from dubai and come back to india because of some family problems and now I have 6month ban, during this period ,I can apply for a visit visa ?
Sibil,
Yes, you can apply for Visit visa.
Dear Sir,
I joined in a jebel ali compnay on 23rd Dec 2014 as an Accounts officer.
Now, I got an offer from a company outside Jafza but JLT freezone giving salary of 6.5k.
1. How can I resign? means Is simple resignation valid or notice period required
2. My passport is with my Jafza company-How can I get this from them?
3. Is there any ban? How can I lift it?
Binoop,
1. Normal resignation is fine.
2. You need to request the passport.
3. No ban is applicable!
What is difference between Normal termination and under Article 120 termination. And please confirm that the following statement comes under Normal termination?
“This is to inform you that management is not satisfied with your performance as after so many warnings you are not able to perform your duties on time.”
Noman,
This is clearly covered under Article 120 of UAE Labour Law Point 5.
hi deepak.
I would like to ask you that I want to resign from my present company as I completed my 2 years of contract now am working here for 2 years and 7 months but I found another job in the field but in better company soo can I resign immediate on 24 hours notice period?
Ali,
That will depend on your contract. However, it is up to your company to grant your request.
Hi sir deepak
I have a question. My labor card expired this june 17, 2015 but when i check online my labor contract it is different its on july 28, 2015. Im not going to renew my contract im goingvto find another job. What should i need to follow the date of my labor card or labor contract?. Im just confused why it different. I hope you give me an answer..thank you so much
Janet,
Better to follow labour card date.
I’m working with a private company in Dubai for unlimited contract for 9 years now and got a offer in a free zone company. I have sent my letter of resignation and provided my 30 days notice.
But my company did not accept my resignation and only state that they will explain in due time?. Are they allowed to justify this way?Is my notice period still valid and demand for my cancellation upon completing my 30 days notice?
Kujie,
If you have resigned officially, yes, company should accept it.
Notice period starts the day, your company accepts the resignation.
Mr. Deepak
My question is little similar to the above mentioned post. I joined this company on 3oth November 2014 I will be completing my probation (6month) end of this month which is May 30th. My salary is 2000 AED and I would like to go for a good job which gives me more than 3000 AED so do i get the ban ??
Nailan,
Yes, labour ban is automatic.
Read:
http://emiratesdiary.com/uae-tips/types-bans-uae
http://emiratesdiary.com/jobs-in-uae-2/how-to-avoid-6-months-labour-ban-in-dubai-uae
Hi Deepak Sir,
Good afternoon!
I am writing this mail for seeking some information to help our current situation.
We 3 staffs had filed a complain in labor ministry against employer who used to treat us very badly.After the the complain one of the employee of labor ministry gave us the wrong information at that point we didn’t know that was wrong and we followed to him.
Now our case is in the end and we all got slammed by 1 year ban that is not the justice we were asking for.
This is my question, a) Is there any way that we can lift our ban?
b) Can we get in job in free zone even having 1 year ban?
c) Can salary above 5k is OK to avoid the ban?
Please help us with some true fact of information because i want to work in UAE for which i have sacrificed a lot so i don’t want to leave like this.
My previous company was not free zone and i was in limited contract.
Hope to hear back from you.
Thanks/Regards
Ganesh,
Sorry, I can not comment on the decision by the labour court / UAE Courts.
a) I am not sure what kind of bans have you got!!
b) again related to above query.
c) Again depends on the type of ban.
Dear Sir,
I joined my current organization on 8th november 2014 and was on 6 months probation, I have resigned on 5th May 2015 (during probation) and mentioned my last working day as 6th june 2015 giving a notice of 1 month as per the company’s employment contract (limited).
Today my manager called and informed me orally that I am getting relieved from tomorrow i.e. from 14th May 2015.
I have asked for a relieving letter but they have denied it to me.
My question is if the company does not provide me with the relieving letter, will it look like short notice on my part? will i have any challenges from the labour ministry in future, My current salary is AED 5000 and I have an offer of AED 12500.
Kindly advice.
MA,
I replied to you earlier.
Dear Sir,
I have not received your reply.
Request if you could please share your comments again.