I am under an unlimited Abu Dhabi visa. But I am planning to resign from my organisation and join another employer. I have completed one year and three months. I now draw a salary of Dh5,500 plus accommodation and transportation. My new employer is offering me a salary of Dh9,000.
Will there be any employment ban on me?
Am I eligible for any gratuity?Can I ask my old employer to provide me with an air ticket?
My employer has asked for a month’s notice. Should I serve the term?
Whom do I contact if my employer refuses to cancel the visa?
Article 117 (1) of the Federal Law No 8 of 1980 states: “Both the employer and the worker may terminate a contract of employment of unlimited duration for a valid reason at any time following its conclusion by giving the other party notice in writing at least 30 days before the termination.”
It is learnt that, currently, the Ministry of Labour does not impose a ban on the employee if the employee has completed one year of continuous employment with its current employer. Since you have completed continuous employment for over one year with your current employer, there should be no employment ban on you in case you wish to resign from your current employment.
Also, you are employed on an unlimited employment contract and have completed more than one year but less than three years of employment. Therefore you should be entitled to one-third gratuity in accordance with the provisions of Article 137 of the Federal Law No. 8 of 1980 which states that: “A worker who is bound by a contract of unlimited duration resigns after continuous service of not less than one year and not more than three years shall be entitled to one-third of the normal gratuity.”
In this case, the employee is resigning from the employment and therefore in accordance with article 131 of the Federal Law No. 8 of 1980 the employee shall bear the cost of air travel to its home country. However, if the employment contract between the employer and the employee obligates the employer to pay such cost, then the cost of returning the employee to its home country shall be borne by the employer.
Article 117 Federal Law No. 8 of 1980 states a notice period of 30 days is to be given, by either the employer or the employee depending on who wishes to terminate the contract. Therefore you may serve the 30 days notice period.
You may approach the Ministry of Labour in case the employer refuses to cancel your visa.
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