Questions & Answers
Early resignation in a limited contract and absconding to country
A person e-mails his resignation and leaves for his country from Dubai a year before his 2-year contract ends, without paying the penalty and visa charges as written in the contract.
Would he be considered an absconder? Would he have to face a lifetime ban?
Dear,
Please note that if the questioner is hired in a limited term contract and submits his resignation before the lapse of the 2 years as mentioned in your question, the employer has the right to claim compensation for breaching the contract terms.
The law defines this compensation to a maximum amount equivalent to one and half month salary.
However, the visa costs of hiring the employee are not payable by the employee in case of his resignation even if this is mentioned in the contract and agreed by the employee because it is against the law.
If an employee leaves the country after submitting his resignation but before affecting such resignation with a termination of the work and residency permit, the employer may use this legal gap to submit such absconding claim.
However, if the employee shows up to defend his case and shows the resignation message, his status will be considered.
Please note that upon submitting the resignation, the employee should serve the legal notice period before stopping to report to work.
If the employee does not show up during the notice he might be deprived to have any legal entitlements.
All such scenarios will not cause for the questioner to face a lifetime ban. However, the employer has the right to submit a request to the Ministry of Labor to impose 1-2 years employment ban based on the case.
