What is a Labour Contract? Is it the same as a Contract of Employment?
In essence, it is, as both documents contain information about your employment with a particular employer. However, in the context of jobs in Dubai, these are two separate documents. The official Federal Labour Contract is actually a cookie-cutter template document written in both Arabic and English. It contains the very basic information pertaining to your employment as required by law. This document must be produced in three copies, hard copies (printouts) for both the employer’s and the employee’s file; and an electronic (usually scanned) copy for the Department of Labour. Unless submitted to the Department of Labour, such contract has no legal effect and no employment visa will be released in the name of the employee.
My employer asked me to sign a document titled “Contract of Employment”. Is this the document that binds me to an employee-employer relationship with a Dubai employer?
This question merits more than a straightforward yes or no response. If what you are holding is a detailed contract containing specific conditions of your employment with your particular employer, your reciprocal rights and obligations, specifically pertaining to your job description and remuneration, company policies and others, and the said document is written only in English, such document is not binding. This means you or your employer may not use such document before the Department of Labour as basis for any particular action pertaining to your employment.
Note: However, for any employment-related document to be legally enforceable, such document must be translated to Arabic and included in your Federal Labour Contract as an attachment under the Other Conditions section. All other documents and communications between you and your employer are binding only insofar as either or both parties agree to be bound, i.e. a handshake deal or a gentleman’s agreement, without any legal effect.
Why is the Labour Contract required to be written in both English and Arabic?
UAE Federal Laws specifically name Arabic as the sole official language to be used in every mode of communication between an employer and their employees. But because the majority of UAE’s work force, especially in Dubai, is expatriate, English, being the accepted language of business internationally, is used alongside Arabic for the sake of expatriate employees who do not speak or understand the Arabic language. Note however, that if there is an error or discrepancy in the text, weather intentional or not, the Arabic text prevails.
Employees, therefore, must exercise due diligence and be certain that they understand the provisions of their contracts before affixing their signatures to the document. It’s best to have a friend or colleague who understands both English and Arabic to review your contract.
What are offer letters? Are employers required to give all employees an offer letter?
An offer letter is a formal offer of employment to a prospective employee. This document contains the details of employment such as job description, compensation and benefits like basic salary and allowances, leave dues, and other perks. It is customary for an employer to make a formal offer of employment to a candidate who has successfully made it through their recruitment and hiring process. Customary does not mean mandatory. There is no legal requirement for employers to issue Offer Letters. Some employers do not make formal Offer Letters.
What is the difference between limited and unlimited contracts?
Your official Labour Contract may either be limited or unlimited.
An unlimited or indefinite contract is a renewable contract. The term specified as period of employment herein usually corresponds to the validity of your residency visa. Such contract can then be renewed upon expiration under the same conditions, i.e., without modifications. After the probationary period, either party may terminate the contract at any time by giving at least a 30-day notice.
A limited contract specifies a definite term or period of employment. Renewal of the contract upon expiration is not guaranteed as an option. Termination of the contract prior to expiration normally warrants the payment of damages to the party suffering the breach. Maximum penalties set by law for violation of the period clause is payment of damages to the aggrieved party of an amount equal to 1.5 times of the employee’s monthly wages.
What is the probationary period?
This is a period of time, usually between three to six months, where your (the employee’s) performance on the job is subject to scrutiny by the employer. Labour Laws allow the employer this period to assess whether you are indeed qualified to perform the job they hired you for. At any time during the probationary period, your employment may be terminated at will by the employer without further notice or compensation other than wages earned. After the probationary period, your employment with your employer is secured by applicable federal laws and may only be terminated upon expiration of the period of employment specified in the labour contract or for reasons specified by law.
What must I know about probationary periods?
Probationary periods are required by law, i.e., it is mandatory and shall be for a period of not less than three months but no more than six months. Here are some things you ought to know about probationary periods:
- You can not be placed under probation more than once by the same employer
- Your employer can terminate your services at any time during the probationary period without notice or severance pay.
- The probationary period is included in calculating your service years for purposes of gratuity and other pay calculations
- You are not legally entitled to any paid sick leaves during the probationary period.
- Entry airfare can be reimbursed from your employer if you were recruited from a foreign country.
- You are likely to incur a labour ban if you terminate your employment during this period.
Under what conditions can the employer terminate my employment prior to the expiration of my labour contract?
Article 120 of the Federal Labour Law specifies these conditions. An employer may terminate your employment if:
- You falsified any information pertaining to your application;
- You committed mistake(s) that results to grave financial loss to your employer’s business. In this case, the employer must notify the Department of Labour within 48 hours from learning of the mistake
- You violated work-related safety instructions. The safety instructions in question must have been in writing and displayed in an easily visible place and that if illiterate, you must have been given the instructions orally;
- You repeatedly failed to meet performance standards set forth in your labour contract. There must have been interrogation and a written warning given you
- You disclosed trade secrets to parties you shouldn’t have. Some employers whose businesses require utmost confidentiality would actually include a non-disclosure agreement (NDA) as an attachment to your labour contract
- You have been conclusively convicted in court of any offence pertaining to honesty, honour or public morals;
- You report to work obviously intoxicated or drugged. This is presumably the kind of drugs considered illegal in most societies, e.g. cocaine. The Police and the Labour Department must have been duly notified in this case;
- You committed assault to physical harm to any person you work with during work hours. In this case, the Police and the Department of Labour must have been notified of the incident;
- You were absent from work for 20 uninterrupted days or seven (7) consecutive days in a single year for no valid reason.
In cases of criminal offences (items 7 & 8), a formal complaint must have been filed against you and a conviction by a court of law is necessary to substantiate the reason for termination.
In addition, Article 88 bars an employee from working for any other employer during his/her annual holiday or sick leave. Otherwise, their employment with the employer who sponsored their visas could be terminated and their pay for the leave withheld.
Can I have my contract terminated before it expires?
Yes, you may, under either of these situations:
- Your employer or any of their legal representatives have assaulted you or;
- Your employer has refused to release your wages per your labour contract.
In either case, you must present substantial evidence to the Department of Labour to have your labour contract cancelled. Each case is judged based on merit.
Thank you for your valuable information. I need to ask about the probationary period. what about if I am offered a full time job and my move to my new employer requires me to resign from my current work. Is it possible to agree with my new employer to avoid the probation period for fear that i may not be accepted after the three months period and at the same time my old work has disappeared because of my resignation.
what is the solution for this as any new work is not guaranteed and the worst is that my former work has gone?
Many thanks
My dear the probationary period is in every company. where evere you will join there will be a minimum 3 months or 6 months probitionary period you have to prove your ability in this period and dont worry keep one idea when ever you are going to join a company read carefully you employment agreement if there is mentioned a probation period. just ask your joinner coordinator if in three months I will not satasfy with my job or job discription then I can also terminate this contract without one month notice. and I think they will no do so it is just formality. its happening in the world only 0.0001%. TC bye and enjoye your job
Hi
Great easy to understand information. I would however like to find out more about employee’s rights during probationary period. Could you please advise me where I can find this information.
I am wanting to find out what the employees’s rights are within probationary period – ie can the employee terminate this arrangement whilst in probationary period, what notice is required, and what penalties would have to be paid??
The reason I am asking is because my daughter is working out there and is very unhappy.
Many thanks
Sandra Bramall
I am working for a reputed company in Dubai on a fixed salary basis and my contract with the company had expired on 12th of September (since I did not want to renew the contract further) but the company is not releasing me with my final dues such as my gratuity. My contract has been for 04 years from 2006 and the management of my company is asking for things I am not responsible for such as balance confirmations from clients whom I have been servicing during my tenure. My question is, how can I resolve this matter and get out of my current employer with my dues? Is their a legal way through the ministry of labour to take any action? Please advise……
Thanks and Best regards,
Muni
Hi,
This is really useful information. I need to devise an employment contract for Dubai that contains all the necessary employment law information. Does anyone know where I would find this information out?
Thank you in advance
Im working a Trading Company in UAE .Due to some fake reasons the H.R forced me to sign a that to at first instance direct “Final warning letter” and deducted my salary .Is this warning letter valid to cancel my Visa in future.my Visa expires in the year june 2010.My Probation period ends in 3rd week of DEC 2010.Please give me advice.
With Regards
Visa expires in the year 2012 not 2010
hi
i have some problem with me company i was comed on last week with offer my company in pakistan actually i was do the job in this company on pakistan and company transfer to me dubai. but after week my empolyer give to me an additional contract and fored me to sign in this contract but i have some objection that my employer write that on this contract “if i broken this company contract before two years then i will be pay 10,000 AED Penalty”. after my objection my employer said that if i not accepting or not sign on this paper so he can ban me in UAE so please help me what i can do.
Thank You
dear sir i am work as a taxi driver in cars taxi company. company put my signature illegaly for contract letter . what can i do ?
to whom it may concern:
i am mylene merlin of legal age searching employment in dubai how can i find agencies offering
accomodation and food im living in philippines and trying to get employment there should there be any vacancy where i can pass my resume.
thank u so much and more power
pls reply in my e mail add
Our company has no retirement or pension planfor employees. My work permit will expire on 27 april 2011 while my residence visa will expire on 08 APRIL 2012.Will my labor rights not be affected if I choose not to allow the extension of my labor contract after 27 April 2011. I will be in my full retirement age of 65 this coming July 17 2011. how will I calculate my separation pay and what other benifits I will be entitled to. thank you so much sir for this help
.
Hi,
I am working in Noida with service industry .I have 10 years experience HR in totality.I have done MBA in HR & Marketing & LLB also. I want work in reputed company in Dubai on a fixed salary basis. I want to shift in Dubai. So Plz guide me how to i can get job there & whats the requirement . How to i know about vacency
Thanks & regards
shubha
hi . i m just complted my engineering in electronics and telecom . i want to do job in dubai and make my carear there. do i get placedin dubai for fixed salery?
Can i know the legal age which persons can move on to Dubai and work is it limited to a certain age or not .. i am 38 years old and would like to move and work there …
Ghassan
Hi,
I just want some samples regarding contract letter between company and employee(driver).
The thing is, company is providing driving license to the employee. The cost of the license is bared by the company. So what i need is there should be a contract between the company and employee stating that after providing the license the employee should work in the company for 2 years . In case and cancellation or resignation due to any reasons then the entire cost bared by the company for the particular employee should be bared by the employee.
For the above mentioned, i need some sample drafts or agreement anything it may be. But it should be a mutual understanding between the employee and the company.
Please do the needful at the earliest…
Regards
Venkat
Hi,
I was working for an international company in Dubai but my employment was terminated. Due to employment being terminated I have had to leave dubai and return home. The company I was working for in Dubai are now withholding my salary until I return to Dubai to cancel my visa. Are they legally allowed to do this?
My contract states that I am to be paid on the 20th of every month (after deductions have been made) And nowhere in my contract or letter of termination does it state that they can/will withold any salary until my visa is cancelled.
I have offered to go to the UAE Embassy in my home country or courier my passport to Dubai at the nearest possible time (which unfortunately will not be for some time as I an job hunting in the UK and agencies and potential employers need it).
Please advise of what I can do.
Many Thanks
Hi…
Very useful website. I have a query on offer letter. I have been recently shortlisted at an interview. On April 12th 2011, I met with the HR Director and we agreed on the DOJ as June 16th 2011. However, although I signed the offer letter, from their side, there were 3 signatories required to sign it and the HR Director informed me that once it is signed by these 3 guys, they would mail it to me. I clearly told them that I will resign from my current job only on receipt of the final signed offer letter from their side and specifically mentioned to them that the more delay they make in sending me the final signed offer letter, my DOJ will need to be revised. I received the final signed offer letter only on 30th April 2011, ie after 18 days.. So I spoke to my current boss and he said he was willing to release me on June 30th 2011. When I mentioned this to the new company, they were stubborn that I need to join early. Finally I discussed with my manager and the final date they were ready to relive me was June 23rd 2011. This I communicated over phone to the new employer and they finally agreed with me verbally over phone that this date is fine and I should resign and honour this date. Accordingly I resigned from my current job and began serving my notice period. however, today the HR director at the new company calls me and says that he needs me to join on 16th June itself as that is the date agreed in the offer letter. They are not willing to acknowledge the fact that they have delayed in sending me the final signed offer letter and the delay they have caused. I tried to explain to him that I have constantly sent emails to his team reminding them that if I do not get the offer letter on time I will not be able meet the DOJ mentioned in the first offer letter.
Now after going through such unprofessional ordeal. I have decided to not take this offer up. In such an event, am I on the wrong side of law because I have signed an offer letter?
Regards
Prasanth
is the fresher degree engineer wil get job in dubai?
I have received and signed the dubai government company employement letter and also received the employment visa and done the protector process on my passport etc. Still not join because of my notice period in a multinational company outside UAE. Now my last multinational company offered me to join its LLC branch in dubai.
Please guide me as
1. What is the process to cancle my dubai government job signed letter, empolyment visa and protector, fees and palenties etc.
2. How can i join multinational company in Dubai after cancle the government job offer?
Best regards
Shahzad
hi, i have a problem, please help and reply me,
My problem is my emplyment visa is expired on 10th July, and my employer said he will renew the visa, but the problem is the company licnese is expired will take time to renew it. so i am overstaying. In case if he doesnt renew the license and my visa later on, and if i want to stop and cancel my visa and fly back to home, waht is the procedures? Will i be fined, then how the fine will be,
Please reply me because i have to decide based on you comments.
I think you have a great site here as a lot of people are confused or curious about the UAE visa.
I had a company in Ajman, my residency visa has expired on the 25th of June 2011 and my sponsor is required to cancel it as I had over stayed my 6 months during my residency period due to illness. I informed my sponsor and he assured me he’ll have it sorted out in two days. Now its been months
and he is not doing it because maybe he wants money illegally what should I do?
sir, i am working in ladies saloon in dubai,from 7 month my visa 2 years
now madam wan to give release me and i have offer letter from new madam
so how can i change visa,will labour give ban for 6 month,or i have to pay 5000 dhm
to stop ban,please reply me
HI, I am currently in the process of moving to Abu Dhabi. I just dont know how to go along with getting my university credits approved by UAE embassy in both US and China. Is there a nother way for this procedure or does the university credits absolutely get approved before entering UAE?? Can I still get a work visa to start my new job and do the final applications in UAE or do I have to get it all doen before??
Thank you, looking forwards to your reply
I’ve been working on a clinic as a staff nurse for more than 5 months now. But the contract that the company had me signed at MOL states that my position is only an INSURANCE CLERK, I ask them why and they said it’s because my HAAD license is still on the process. But now, my license processing is pending because I need to have a BLS certificate first. I asked the company to shoulder it for me, just like what they did to previous staff. They told me that I have to wait because they already have enough licensed staff and that HAAD inspection is over, futhermore, if i really want the license, i should arrange and pay it myself.
My question now is how will they change my labour contract to a STAFF NURSE profession if my license processing is pending?
Am i considered an illegal worker? If yes, then what should i do?
Will i go to jail or be banned in UAE for this?
Another sad thing is that, i applied for a general staff nurse, now they are forcing me to be a DENTAL NURSE. They told me that if i wont sign the paper which states that i will replace the dental nurse then it’s better that i resign. But if i resign they will let me pay 10,000 AED.
I DON’T KNOW WHAT TO DO. PLEASE HELP.
Dear sir I am working in a reputed organisation for the last 18 months.My manager has told me to search for another job my manager says that my performance is not good he told me verbally .I have got another job and offer letter in this case what should i do .Whether i should resign or wait for the termination letter.Incase i resign there will be labour band?.If they terminate my 3 years contract there will be labour band for me?after putting a band is there any system to remove the band.plz let me know urjent.or let my sponsor give me NOC or visa transfer.
i have an enquiry. I have been working in a company for the past 3 years now and few months before the management changed. They are revising the contract of each employee and as a part of the revise they have reduced the basic salary. On the basis of this new basic salary they are going to sum up the end of service of all the employees. Now my question is, ” Is it lawful to consider the end of service on the basis of the new reduced basic salary? ”
This is a depressive change especially for the ones who have been serving for more than 10 or 20 years. In a way its a mislead.
Kindly let me know the law.
Thank you.
Dear Sir / Madam,
I have a question to get confirm from your good-self.. Well in termination clause employer should give one month notice or salary in lieu.
Well in case of resignation employee has to give one month notice, but if employer wants to send him next day of resignation is acceptable as one month written notice give by the employee.
In this case employee is loosing 29 days salary and his gradutity benifits.. is it legal that employer to release resigned employee immediately where lose incurred for the employee.
Kindly advise…
I am working in a Govt. Dept. of Dubai. Now I am resigning my job. They are putting a 1 year ban for me because I have signed 6 years Contract. Now I have completed 3years and 6month. What I have to do?
Please Help me. For removing of this 1year ban.
I am Joining the Software Company for 2 months in VISIT VISA( As discuss per the my previous company) for presentation purpose. After 1 month they make the Employment VISA without my information with very minimum salary.
When I came back to India they call me and tell me to join the company in same salary.
I refuse to this offer, They tell me to Band for life time in UAE.
Is this possible to I am join the other company. Or
How can get out from this problem???
Please suggest A.S.A.P
Thanks
Hi
My sponsorship closed, and the company told me that they will release me, Ijust want to know all my rights before i will speak to the HR, because im less than 2 years in the company but its not my fault since my brand closed. Can some one tell me my rights. Because i want to get an NOC so i can able to find other jobs.
Thanks all
Hi,
Can the company cancells visa in U.A.E. even if without employees signature?
Hi, my email is: hassan_khosravi1987@yahoo.com
I am working in Dubai. And I need a job and visa
Technical work has included installations. Vnvr interior and peripheral processing
If you can please help me please send me an email
i am reading so many post here but seems no one is answering back.
a decent inquiry about the probationary period.
i am an employee of a private company here in Dubai, i was hired 4 months back and frankly speaking, it was not the kind of environment that i was expecting, my 1st month was okey but in the suceeding months, i have learned and seen the true color of the environment – well to cut the story short – i am not happy and pleased on how the company is being managed.
As the company contract states – it is a limited contract and an employee has to provide 3 months notice when resigning and cannot be hired by a client or a competitor (which is a common practice) and you have to pay all the expenses the company has provided during your joining process (visa and medical process) if you do not finish your contract. This alone is a screw-up from the get-go killing your career and plus adding the labor ban as per the implementation of the country itself.
The question is, if an employer would terminate a contract because of poor performance, do they have the right to ask from me the payment of the cost they paid for my visa processing?
please reply back to the email provided.
@ Xander,
I like the way you think.. and it got me thinking too :))… I dont know the law so I dont know if termination on poor performance will require you to reimburse joining expense… But my understanding is, if they TERMINATE you, you may not have to re-imburse… But check with others as well..
-Mr. Prasanth-
Really appreciate the response. I was actually not expecting any response that quick ^_^.
i would not go into further details about the management here but to just simply put it! “Modern Day Slavery” is how i could define the situation here in this company.
I hope somebody could verify if an employer have the right to charge the employee all the expenses on his/her visa processing if the employee is TERMITATED due to poor performance from his position.
if company is terminating then u wont be charged…but conditions are there which must be mentioned in ur offer letter ..
Thank you..!
Very informative… Please provide us with the latest information about switching jobs before the contract expiry and how it acts differently with the education mentioned. Also, tell us about the fines that have to be paid to remove the labor ban.
Hello,
i have a Masters in Oil and Gas Management and have experience in the oil and gas industry. Besides, i have fourteen years experience in costing, contract documentation & management and project management.
Can i be considered for a job in Dubai
Kind regards
Dear,
any body say to me about the job chang process? mean i have unlimited conract and job duration 10 month so what process? band and fine
Hi!
Im working as an assistant quantity surveyor in a contracting company but my profession has mentioned as laborer in the residence visa. I have submitted my Diploma certificates in QS to the company so they agreed to change it but still they didin’t. Now i have work 6 months. If i get an offer from another company can i move to that? what will be the procedure? Do i need a NOC?
Thanks and Regards
Please can anyone help me out? My wife and i just got married, no kid yet . She was offer a job as assistant restaurant manager but before she left Nigeria she was working as a restaurant manager here in Nigeria. I was just only keen about her developing her career through experience. But ever she started the she has been telling how bad the treatment is and she said the job is like slavery because of long working hours with over time. I need you all to please tell me what we can do to get her out this mess. I think her contract is for 2 years but I want her out because she is sick and tired of the job.
Dear Sir
I joined the company on 01.08.2010 and my visa stamped in March 2011 with a salary of 20000/-. I had a salary cut in the month of October 2011 and received a salary of 10,500/- for Oct and Nov 2011.
The company has given me a letter reducing the salary & I signed as received (not talk anything about acceptance) on the letter. Does this amount to accepting the reduced salary though I have not done anything officially in writing. But the salary for Oct & Nov 2011 was transferred to my bank account @ Dhms 10,500/-.
On Nov 24th I have resigned from the company mentioning clearly that I want to be relieved on 10th of Jan 2012 and the company asked me to take leave from Dec 4th on words till Jan 4th on thier letter head officially.
Meanwhile they have sent me a calculation that my leave salary will only be paid on 10,500/- and not on 20,000/- also in their calculation they have not talked about my notice pay and the one way air ticket.
Is the company legal in calculating leave salary on reduced salary and am I eligbible for the notice pay as the company on its own asked me to go on leave in writing though I want to work during the notice period.
Pls let me know what is the legal stand in my case and what is the eligible amount.
Regards
I HAVE BEEN MADE REDUNDANT AND NOW MY EMPLOYER WANTS TO CANCEL MY VISA. i HAVE A POLICE CASE DUE TO ASSAULT. WILL THE COMPANY BE ABLE TO CANCEL THE VISA AND CAN i OBTAIN A NEW VISA WITH A NEW EMPLOYER WHILE THE CASE IS ON?
Visit your country’s embassy and discuss these issues with them
hi,
i really need urgent help.
my boss terminated me, when i finish my duty last dec 15 2011,mohamoud informed me that mr. mubarak will cancel my visa and im waiting for call from mr. mubarak but he did not call me, then the next day when i open my e-mail i found one message saying this:
Good Evening,
Mari, I think that by this time Mahmod has informed you about our decision of releasing you from the work, which was based on the report that I have received.
Before I start I’d like from you to be aware of, that our pastries are newly joined Abu Dhabi as a branch, the different from our AJMAN branch and Abu Dhabi branch that our customers looking for the quick service and the quality as well as we are directly monitored by the college administration. So they are always updating me by what can be benefit to my business. Really I was surprised that they are fully aware about my employee and their activities and off course you were one of they did not like your performance. About me as I told you before I can train as much as we feel that you will be useful for us in the long term not short period.
But what I found from the report was as follow:
1- Your improvement stopped at the point that you cannot improve more
2- Your SHY personality affecting you too much in finding a way that you cannot communicate with our customers
3- Your Skills on taking the order from customers is need to be improved based on how much you can remember
4- Still you are not that quick on using the cash machine for taking the order (by the way SAQEER learned how to use the machine at same time when you were started)
5- I don’t know what the reason from not answering the phone during the rest days, I cannot understand it and I don’t know if it is based on your culture.
Finally, Mari I know that you are good women very active and serious, but the problem that this type of work is not suitable for you my opinion that you will be good at office more than communicating with a customers or the front disk, so please Mari, consider this as an official letter asking you to find another job with no more than two months I will help you with giving you by the next month your full salary and also your accommodation amount for one more month that what I can do for you and please, believe it is the matter of you personality not related to any personal issue.
for my side i understand what he mean so i start finding job. But the very next day i saw another e-mail from him saying:
From : Zirku Islan Pastries
To: Maricris Belo
Subject: Work Termination
Date: 15/12/2011
I must inform you that after months work quality counseling sessions with company management and the report about the limit of improvement on sales & cashier, there has not been an acceptable improvement evident in your work. As we discussed before, you had to improve your work quality to justify continued employment with this organization. The Zirku Pastries has tried to work with you in every way possible to develop your work skills and to meet our quality production needs. However it has become evident that your work quality is not up to the standards required of our employees in the position you were hired to perform.
This leaves me with no choice but to tell you that your employment is terminated effective immediately. Please prepare yourself with no more than 2 months for your arrangement, you will be paid full salary by next month plus accommodation charge (2000+800).
Sincerely,
Zirku Islad Owner
then i send email to him that i respect all the decission he made. then just yesterday i got another e-mail again…im really confused.
this is what his message saying:
Hi Mari,
After we have calculated your amount and consult the labor department for your termination they have informed that your last payment will be due to the last day of termination announcement which is 15/12/2011, so based on that your payment amount will be 1000 Dh (for 15 working days of December month) + 800 accommodation for (21/12/2011 to 21/01/2011).
i really need urget response please to whom it my concern please advise.
thank you so much
list down your points on a paper and arrange a small meeting with your boss to clear out things and do not forget to gain some sympathy
I have an UNLIMITED contract from 13/08/2011. I am working as an Business development manager and the company is a software company in karama. I wanted to leave the job due to medical grounds and my boss said he will issue a NOC if required. I am an MBA graduate in Information systems
1. Will I have ban if I take a different job in Dubai?
2. He is ready to give NOC?
3. what are the other options of lifting the ban?
4. I came to know if i get another job worth Dhs.12,000/- there is no ban- is it true
regards
gopal
97150 5955632 // dingop@eim.ae
Plz confirm as the company is a freezone ? discuss these issues with the HR of the company as every company has a different policy regards to the amount of fine
Dear Sir,
I Require legal advice for following issue. Following was the notice send to employer on 10th Dec 2011.
10-December-2011
Re: Unpaid Salaries and other dues to employee Rajan Dalvi.
Please refer to employment Contact No: 004/PIITC/2011 received by me on 7-July-2011 and signed and executed by me on 9-July-2011 , as sent to you by e-mail attachment on 9-July-2011 valid for 2 years, renewable.
1) As per the contract, an air ticket was sent to me and joined on 23-July-2011 as mutually agreed date.
2) For initial stay, you had arranged hotel accommodation for me.
3) As per the contract, you were required to provide one bed room accommodation, but it was not arranged even after 2 months of joining duty.
4) On joining you had arranged for my business card as well as identity card.
5) On joining you had introduced me to the client Managers as Project Manager.
6) Clients started interacting with me and sent requirements, which I have completed.
7) As required by the client work, I found technical people with right expertise, who joined duties and started doing work for the client under my direction.
8) On completion of the month of July 2011, August 2011, September 2011 and from time to time, I requested you for payment of salary and other dues as per the aforesaid contract.
9) Every time I requested for payment, you kept on promising that you would release all payment on receipt of the funds from the client.
10) As per Federal Law No. 8 of 1980, it is necessary to pay salary for every employee on completion of a month of work.
11) In spite of Federal Law No. 8 of 1980 provisions, I kept on working for the months of July, August and September 2011, although no salary was paid to me.
12) You desired that, I should visit client BPC Bank, Angola and discuss with them their technical problems and provide consultancy on behalf of the company. I have shown my willingness, but could not travel to Angola, since you had not processed my work permit even after a period of employment of over two months.
13) Even after this you requested me to go to India and obtain business visa from India for Angola as the client was pressing for my visit.
14) You have arranged for an invitation letter from the client BPC Bank to enable me to apply for visa from India. The said letter Ref No. 01127/SCA/2011 dated 28-Sep-2011 addressed to Council General of Angola in India is in my possession.
15) As per requirement for visit to Angola, visitor has to take a yellow fever vaccination which I have done on 4-Sep-2011 at Dubai with my own expenses.
16) I have travelled to India on your instruction on 29-Sep-2011 to apply for visit visa to Angola.
17) I have not applied for a visa to Angola because inspite of many reminders to you by phone and email, you have not paid any salary and other dues till date.
18) My unpaid dues till end of Sep 2011 itself amount to 52,800.00 AED (as per sheet attached as Exibit A) which includes salary and other allowances as per the aforesaid contract.
19) I have done all my duties diligently and as per your instructions for period of more than three months inspite of not getting paid any salary.
20) I have no more desire to spend my own money on behalf of your company for company work to visit Angola.
21) I have sent enough reminders to you by email and text messages to your phone.
22) Regret to state that you have not cared to reply to any such mails/messages.
23) Please take notice that, unless you settle all my dues as stated in this letter within 10 days of receipt of this notice, I shall be constrained to take legal actions as necessary to protect any interest, which may include appropriate complaints to the Ministry of India and/or UAE as well as Courts in India/UAE.
Sincerely,
Rajan Dalvi
604, Nandini, Kores Towers,
Vartak Nagar, Thane (W), India.
Exibit A
Unpaid dues till end of Sep 2011
______________________________________________________________________________
Salary for Jul 2011 8 Days 7320.00 AED
Salary for Aug 2011 1 month 23790.00 AED
Salary for Sep 2011 1 month 23790.00 AED
——————
Total Salary 54900.00 AED
Amount spend on Local Travel for 2 months 1400.00 AED
Amount spend for Yellow vaccination 200.00 AED
Amount spend for salary to Mr Joseph 100.00 AED
Amount spend for Mr Egor Yellow Vaccination 200.00 AED
——————-
Total Dues 56800.00 AED
Less: Advance paid 4000.00 AED
NET DUES 52800.00 AED
(This amount does not contain legal expenses, I may incur in future and expenses I have incurred from 1 October 2011 till date and other losses I have incurred due to this job)
what is the name of the employer?
Hi
I enter the country on29th september.30 days visit visa.As normal,promises about studio flat,car,good work and colorfull future.Not contract sign at all.After my visit visa was finished he didnt done work visa.On 18th on december i told him about my resignation.In an hour he call me again and given me a number of some registraton and inform about me have a visa.I dont want work for him any more but i want stay and start work for new employer.
Any idea how to do this without livin a country?What bad can do my current employer?
He force me to sign a paperwork saying i will not work for anybody else in uae.I didnt sign any think yet. Whats to do? millosz@yahoo.com
Hi,
I just wanna ask if how can i get my cancelled papers as well as my Original Passport having cancellation stamp from my previous employer? Although i showed them that i have already an appointment letter from other company? yes Primarily i will be having a 6 month ban but my new employer to be will work for it.
so How can i get my whole papers so that they can process it as soon as possible ,by the way my previous employer is asking me to give them a plane ticket going outside of the country before he gives my papers? is it legal though i’m having an appointment letter?
I think you should discuss this issue with your second employer i.e. who is currently willing to hire you otherwise get a legal advise
There are some sponsors like your employer who gives the passport and cancellation papers at airport before leaving. If you are 100% confident about your new job and the employer who is saying that he will figure it out then leave the country and come back again on new visa.
i have 3 years employeement visa 2009 to 2012 but unfortunately 20 oct 2009 i came back my home country and not visit again dubai can any one tell me my visa is still valid or not because 6 months entry is must but i miss that chance
Your visa would have been cancelled.
hi i working here in dubai for almost 1 year and 2 mos but my contract is 3 years..i want to resign but my manager doesn’t want to sign my resignation..what i will do? he tell me even 1 week,2 weeks and 1 month he will not sign my resignation..where i will go? pls help me in my situation cause i have offer in other country..thanks
Hi,
If you really want to move to another company, I will advise to ask your sponsor to cancel your visa, as you are planning to go back to your home country. And from there you can go to other country.
No body has the the right to keep forcing you to work. If you leave without completing your contract then you will get a six months Labor Ban.
You can also approach MOL for further help.
Thanks
Hi. I want to inquire about this matter. I signed an offer letter last Dec 2011 from a company that is not yet starting, (they will start their operations on March of this year). Offer letter indicates my salary, benefits, the type of contract (limited), and it also states that it will just be approved unless all my attested documents will be submitted but I haven’t submitted the documents yet. By the way, I’m still under my husband’s visa. The following day,I got a call from another company for an interview and from there I got a better offer and since I’ve been wanting to work for them I also signed their offer letter and decided to submit them my attested documents. I’ve informed the previous company that I will no longer continue my application with them and they got really upset, telling me that they will file a complaint against me to the LAbor Dept. Is it really possible that they could hold my work with the other company? They keep on harassing and threatening me on the phone saying that they have my information, and they’ll use it against me. Pls. enlighten me with this, for I’m not familiar with any of the labor laws here.
hi, iam working in architectural company since december 2008 onwards, i given the resign letter in last december 12 and my notice period was completed on 23rd january,but my company is not givinig final settelement and they are not cancelling my visa because of administartive problems,(my visa already finshed on january 12-2012)i requested them to leave me on 29th january, but till now they didnt cancelled my visa and didnt given my settelement, as per our company internal policy we have to sign the final clearance form like we got all the dues from the compnay, if we didnt sign this they will not proceed the things, that is why i signed the final clearance form but i didnt recieve my final settelement, so kindly give me an idea to solve this issue
i am also working with event company as a contract i pay my ticket to Dubai they only give me visa they dont pay on time every time, but after six month probation they refused to increased my pay till one year 8month any time i com plane company said there is no money and our boss told us that if we need something or something happen he will provide us anything., that same month time my father died and i told my company company said we will help you a plane ticket but the time i am going to the funeral they did not help i come my self till now i dont have money to come back this is the time i have borrow something and i want to come for a different job please advice me thank you
Dear Sir:
I would like to be advised regarding my present situation today.
My situation was like this: I started working for a private company in Dubai in August 2009 and the company applied my resident visa and working permit. On my passport my resident visa was stamped dated 11/02/2009 – 11/04/2012. Regarding my working permit, I ask the manager and he said that that they are processing it and told me not to worry therefore I did not bother anymore to ask them. On May 28, 2010, I found out that my working permit/ pataka was not yet completed because I called the hot line of the Ministry of Labor and also I checked on the site of the Ministry of Labor where its written that the work permit will expire on 11/15/2009. Thus for these reason I confronted the manager of our company and also filed a complaint on the Ministry of Labor on May 29,2010. My complain had two reason; first is the not completion of my working permit and second is delayed salary for 10 months. On the first hearing in MOL the manager promised to pay my delayed salary and fixed my working permit but nothing happened so the MOL directed it to the Dubai court. In the Dubai Court the manager or even the sponsor did not show up even it went to 5 hearing.Thus the Dubai court gave a final judgement stating that they will pay me the amount. However the company run away because of that I was forced to cancel my resident visa and clear the pending application of my working permit to the MOL in which the MOL did the cancellation of my visa saying NORMAL CANCELLATION.
When I found a new job the company tried to apply for my visa they found out that I have an automatic six month ban.
MY QUESTION is: 1: WHY AM I GIVEN AN AUTOMATIC SIX MONTH BAN?
2:IS IT POSSIBLE TO REQUEST FOR THE REMOVAL OF MY BAN FOR THESE TWO REASON: DELAYED SALARY FOR 10 MONTHS AND NOT COMPLETION OF MY WORKING PERMIT IN WHICH I CAN USE THE WRITTENOF JUDGEMENT FINAL THE DUBAI COURT.
I would very much appreciate for the advise that you can give me.