I had worked in a company for more than two years under a contract for limited period. Two months ago, I signed a new limited labour contract for another two years, which is going to expire in May 2018. Two weeks ago, I submitted my resignation as I got a job offer with an attractive salary package. The employer stated that he would not provide me with an NOC to transfer the sponsorship and that he would request the Ministry of Labour to impose a one-year ban on me. Further, he told me that I must pay a compensation equivalent to 45 days’ salary as per the law. My questions are: what are my labour rights in this event according to law? Is the employer entitled to request the Ministry of Labour to impose a one-year ban on me? As per the applicable labour ministry rules, I suppose, I had to complete the first two years and then I’m allowed to transfer to a new employer. Please clarify this in detail. Am I entitled to claim a compensation for the leaves for more than two years, as I had not received any payment for the leaves? How shall my end-of-service gratuity be calculated? Am I entitled to a return ticket if the Ministry of Labour banned me? The employment contract states that if the contract expires, the employer shall give me and my family return tickets to my home country. Please advise me.
The questioner has violated the Labour Law when he terminated the employment contract pre-term. What the questioner has mentioned, that the employee should not have any problem to transfer to a new employer since he has completed two years in service, is right. This is applicable as per the Ministry of Labour rules as long as the employee had not signed a new limited contract. Therefore, in this case, the questioner is not entitled to the end-of-service gratuity. As per the UAE Labour law, he is entitled to leave allowance for two years only and he shall be entitled to return tickets as long as the questioner is not going to join a new company. As for providing the employer with a compensation for a salary equivalent to 45 days, this depends on the proof provided by the employer before the competent court that he had been affected by the termination of the contract pre-term. Finally, the employer may request the Ministry of Labour to impose a one-year ban on the questioner due to such breach and the Ministry of Labour might respond positively.
Temporary contract
I am currently on visit visa in Dubai. I have got a job offer as an IT engineer. I am confused that the company did not give me a written job offer but only told me verbally about the salary package, accommodation, allowance and tickets for me and my family, and informed me that I should start work immediately. The employer also told me that he will give me a temporary labour contract signed by the company only but not attested by the labour ministry for a few months and then they will give me a final contract for a year. My question is should I start working without a permanent job offer letter and on visit visa?
Such an offer by the company is a violation of the Labour Law, and in case the questioner has been caught working through visit visa, he shall be punished and fined and then a work ban will be imposed on him. Therefore, the questioner shall work with the mentioned company legally after getting an employment visa along with the official labour contract in order to secure his rights with the said company.
Questions answered by advocate Mohammad Ebrahim Al Shaiba of Al Shaiba Advocates and Legal Consultants.
