The questioner and his wife may submit a resignation in writing to the employer and tell him that they are ready to either work within the notice period or to pay compensation for the notice period, provided that he allows them to leave work immediately and complete the cancellation procedures within ten days (as mentioned by the questioner), provided the sponsor accepts such an offer and if the questioner’s contract is for an unlimited period.
But if the questioner and his wife’s contracts are for limited period, they may submit their resignation without the need to work within the notice period and thereafter he may compensate the employer an amount equivalent to 45 days’ salary, provided that the employer completes the visa cancellation procedures quickly.
In the event of refusal and non-response of the employer after conducting the above procedures by the questioner, he may file a complaint before the Ministry of Labour and seek a solution to such a problem speedily so as not to miss the job opportunity for himself and his wife with the Ministry of Health. If the employer rejects the amicable solution, the Ministry of Labour will refer the complaint to the competent court as per request from the parties. Therefore, the questioner might not need to compensate the employer unless the employer proves before the court that such immediate resignation has caused him some loss if the contract of the questioner is for limited period.
Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants .