I would like to clarify to the questioner that if he breaks his limited contract pre-term the Ministry of Labour will not impose a ban because, firstly, he has completed the period of two years with his employer that is currently required by the Ministry of Labour for transferring to a new sponsor. Secondly, the employer will not ask the Ministry of Labour to impose a ban on the questioner. Therefore, the questioner may transfer to a new sponsor without any problems.
As for the questioner’s eligibility to end-of-service gratuity, I would like to tell him that an employee who breaks his limited contract is not entitled legally to claim end-of-service gratuity. However, he may claim any annual leave pay which he has not taken within his employment. Additionally, the employer may claim from the employee a compensation equivalent to 45 days salary if the employer can prove he is adversely affected by the employee breaking the contract.
Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants.