A reader asks: I have been working in a Dubai-based company as an IT engineer for the past six years. I have now decided to change jobs and have submitted my resignation. I gave the company a one-month notice period. However, the management is refusing to accept my resignation and is asking me to continue working for two more months. They also want me to train the employee who will replace me. According to my manager, I cannot leave the job till the person who will take my place has been trained and is competent enough to do the job. The problem is that the new company is not willing to wait that long. I don’t want to lose the new job. What is the legal recourse available to me?
If the questioner’s employment contract is for an unlimited period, he may submit his resignation after giving the employer notice and working in the notice period as specified in the contract. Upon the expiry of the notice period, the employment contract between the questioner and employer shall be considered terminated as per the law. Therefore, the employer cannot request the questioner to work longer than the period mentioned in the contract or the period already agreed by both parties at the time of signing the contract. In such a case, the questioner may file a labour complaint at the Ministry of Labour after he completes the notice period, or if the employer refuses to give the questioner his end-of-service benefits, or if the questioner wants to cancel his residence visa.
Inter-religious marriage
A reader asks: I am a Christian woman living in Dubai. I was married, but have been separated for more than three years now. I’m not officially divorced and my husband is still in the UAE. I want to marry a Muslim man and want to file for a divorce case in the Sharia court in Dubai. I have been told that if I’m going to marry a Muslim, I don’t need to file for divorce because my previous marriage will be void because I will convert to Islam after the marriage. Is this true? What will be the approximate court fee?
The UAE Sharia courts respect marriage agreements in all religions. Therefore, the questioner shall file a divorce case before the Dubai Sharia court. She can only enter a new marriage alliance after being divorced. In case she gets married before getting a divorce from her first husband, the questioner may be referred to the criminal court for having more than one husband. Finally, all Sharia status cases are exempted from court fees.
Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
— Compiled by Bassam Za’za’, Legal and Court Correspondent
