Saturday, 26 April 2014

Resignation under Limited Contract

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Resignation from a UAE job is a matter discussed mostly by the expatriates. The following section provides clarifications on the matters that will affect an individual who has given resignation under limited contract.
UAE Visa - Resignation under Limited Contract

Question: My limited contract expires in this month. Can I give resignation now?

Answer: Yes, you can now submit your resignation from the job.

Question: I am working in a private company in Dubai for last four years. Do I need a  NOC (no-objection certificate) from this company to join another company?

Answer: As per the rules of Ministry of Labour; a no-objection certificate is not required for work permit in the new company. Since the employee has completed more than two years in service, he can join another company with out any labour ban.

Question: Is it mandatory for the person to serve notice period after giving resignation letter?

Answer: The employee is not necessary to serve a notice period because the employment contract is a limited one.

Question: The offer letter stated that my gross salary will be Dh12,000, plus accommodation provided by the company. But the labour contract from the Ministry of Labour signed by me and sponsor shows salary as Dh8,000 plus accommodation. Will there any problem with this at the time of final settlement after resignation under limited contract?

Answer: There will not be any problem with this. The final settlemet should be made as per the last salary drawn by you. You can prove this in court or labour ministry that you were paid a salary more than that mentioned in the employment contract.

You can submit bank statements and pay slip copy (if you receive any) as proof of higher salary.

Question: I started working at a UAE company in Feb-2010 on a visit visa and company residence visa was stamped only in Mar-2010. What is the period for which my gratuity amount will be calculated? Is it from the day I started working or from the day my visa is stamped by the company and signing of the labour contract.

Answer: The working period will be calculated by the court or labour ministry starting from the first day the worker has joined the company. Gratuity is calculated based on the last gross salary received by the worker instead of the salary mentioned in the employment contract.  End-of-service gratuity is calculated on the basis of 21 days for each year of service for persons who have completed more than 3 years in a company. Resigning from the job after the completion of a limited  contract is not a violation as per the labour law.

Question: I am working under a limited period employment contract for 3 years and I have asked my company not to renew the same. Then who should pay the costs of my return ticket to home country?

Answer: As per the ARTICLE (131) of UAE Labour Law: The expenses incurred for repatriation of an employee to his home country or any other place agreed upon by both parties shall be borne by the employer. If the employer failed to do so, then the  competent authorities should do this at the employer’s expense by way of attachment.

If the cause for termination of contract is due to the employee reasons like fraud,cheating the company, etc then his repatriation must be arranged at his own expense if he has the mean to pay.

If you have completed your limited period contract and don’t want to renew the same  then the employer is obliged to pay your return tickets.

18 comments:

  1. I started working at a UAE company in october -2012 on a visit visa and company residence visa was stamped only in nov-2012. is it possible to change the company on october 2014 though i am going to complete 2 years as per date of Joining. is there any Ban ???

    ReplyDelete
  2. Gud day sir,madam. I just want to ask how about I'm not limited to my working visa last 2012. But I renew now, my question is do I have my gratuity?

    ReplyDelete
    Replies
    1. Yes. Definitely you are eligible for the gratuity based on the current salary.

      Delete
  3. Hi,. i have a limited contract to one private company and my 1 year is on June 22,2014 just on Next Month. Was there any possibility for me to resign and what will be the charges for me i will face through my limited contract? please reply to me. thanks.

    ReplyDelete
    Replies
    1. Hi sir/madaam
      I just want to ask about my company they terminate me because of my absent and my visa from global village 1month i worked . Do i have a labour ban or what ????
      Please reply me thanks .

      Delete
  4. I've been working to my employer since 2009 for unlimited visa. I have taken vacation last 2012 of January. I suppose to turn 5years of serving my company on August but I'm planning to file a resignation this month May 2014. I would like to ask if I am eligible for free ticket and what would be a computation for my gratuity. Thank you

    ReplyDelete
    Replies
    1. You shall be eligible for one way ticket to your home country. Gratuity will be given as 21 day's salary for each year for the first five years. 30 day's salary for each additional year on condition that the total amount of the gratuity shall not exceed the wages of two years. Gratuity is calculated on an annual basis. The days of absence from work without pay will not be included in calculating the length of service.

      Delete
  5. Hi i have a limited contract visa one private company and stil 1 year 7 month finish stil salary 1300 new campani offere 2000 so i am any possibility for me to resign and any BAN please reply to me. thanks.

    ReplyDelete
  6. hello my visa is going to renewal in the month of august 2014 but i dont want to renewal so how many days before i have to inform it to the company pls reply to me thanks

    ReplyDelete
  7. I have been employed for more than a year now by a private company here in Auh and my contract is unlimited, will i get labour ban in case that i will resign?

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  8. I work under a limited contract in Sharjah and its 6months completed now. In my contract I have 0 probation and accommodation and transport allowance as FIRST PARTY(company). However, both the expense was born by me.

    Now I would like to quit from the company, if I go to labour will I be able to get back the expence which I made for room and transport and also repartition expenses?? please assist.

    ReplyDelete
  9. I have a pending application in MOL since September 2, 2014 and will expire on October 2, 2014. But, my employer don't want to continue my application because they found new employee with less salary. Do I have a labour ban if they cancel my working permit?

    ReplyDelete
  10. I am a limited contract in my company and im almost 2 years and,9 months in my company if i resign do i have a ban in the labour?

    ReplyDelete
  11. Hello. My father is sick after he had a severe heart attack but i just join my company before 2 months ago with 2 year contract but my father wishes me to get back from uae. I want to know that can i resign from this job before my period of cotract? Plz rply coz this is too important

    ReplyDelete
  12. Good day im working at private company as a restaurant worker for almost 8months now and im planning to resign . To find a new job . What are the consequences and papers need to prepare . And do i need to pay may present company ?

    ReplyDelete
  13. I am working morethan 94 months in a company. My contract will end on coming dec 16 and I have 2 months annual leave pending also(last two years). So I got a new offer letter and I want to join immediately in this new form. So what is the better option. Should I resign or current company or I can get the end of service from the company due to 2 months pending annual leave? What about gratuity , it should 4 years or 3 years only?

    ReplyDelete
    Replies
    1. Hii this is venkata Krishna i complted b-tech and 14monts ago i was working in nonlisted company and iam unhappy with management from the begain and resently i got a offer in etisalat but my employer not giving reliving and noc also and i have change new company in that am i face any problem.please help me..

      Delete
  14. Faiyaz khan
    My labour contract is 17/1/2017 expiring and my visa is expiring on 15/3/2017.under limited contract.what wil be my last working day.

    ReplyDelete

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