I am a woman living in Dubai. I have been working in a company for almost six months on a limited contract, which expires in December. I am on my husband’s sponsorship and I have a work permit. Can I resign immediately, or do I have to give a month’s notice to the company? Can the company reject my resignation? Can the Ministry of Labour impose a ban on me though I am on my husband’s sponsorship? Am I entitled to gratuity?
If a limited contract is terminated prematurely, the questioner will lose her labour rights, except those related to leave. She may also have to compensate the employer with an amount equivalent to her salary for 45 days if the employer proves that he has suffered a loss as a result of her resignation. The employer, however, cannot reject the resignation and is not required to give one-month notice if the labour contract is for a limited period. Finally, given that the work permit comes from the labour ministry, it does not matter whether the questioner is on the company’s sponsorship or not. The employer can ask the ministry to impose a one-year ban if the questioner’s terminates the limited contract.
Here's how to compute gratuity pay
Employee rights
I live in Dubai. I have been working in a company for more than two years. Two months ago, my employer sold the company and made all the employees sign a letter accepting that the new employer will be responsible for employees’ rights. Does signing this letter absolve the previous employer of all responsibility if the new employer fails to pay us?
Article 126 of Labour Law 8 of 1980 states: “Where a change occurs in the form or legal status of the establishment, contracts of employment that are valid at the time of the change shall remain in force between the new employer and the workers of the establishment, and their service shall be deemed to be continuous. Both the original employer and the new employer shall be jointly liable for a period of six months for the discharge of any obligations resulting from contracts of employment during the period preceding the change; after the expiry of this period the new employer shall solely bear liability.”
Therefore, the letter is a violation of the labour law.
Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
