Sunday 20 March 2016

Better not to sign any Limited contract.You can't change your job in case of a 1 year ban.

Dubai Labour law- Workers' rights and limited contracts
Question ---- I worked at a company for more than three years on a contract for limited period. One month ago, I submitted my resignation after I received another job opportunity. But the employer did not allow me to join the new firm. He refused togive me my end-of-service gratuity. He then deducted 45 days’ salary for breaking the limited contract. He said the Labour Law does not entitle me to any end-of-service amount and that he may prevent me from transferring to another sponsor. Please clarify my right as per the law, and whether I am not entitled to any compensation, and whether I may not transfer to a new company. Note that I have been with the current employer for more than three years, and that in accordance with the Labour Law I am not required to obtain a no-objection certificate for transfer of sponsorship. Please advise. Many thanks.
Answer
I would like to clarify to the questioner that the Labour Law does not entitle a worker who was working under contract for limited period to claim end-of-service if the worker himself broke the contract. But the worker shall compensate the employer an amount equivalent to 45 days’ salary if the employer can prove the damages. The worker is, as per the Labour Law, entitled only to due pay, which the worker did not obtain. As for a transfer to a new sponsor, the employer might request the Ministry of Labour to impose a one-year ban on the questioner on grounds that the questioner broke the employment contract, which is for a limited period, and which caused damages to the employer. Therefore, I advise the questioner to seek to resolve this matter amicably with the employer so that he can transfer to a new sponsor.

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