Questions & Answers
Request to bind the employee to work three years after a training
Dear Sir,
My company is going to provide me with costly training. They want me to sign a paper on which it is stated that after the training I will be bound to work for the company for the next three years.
I want to know that if I take that training and in the near future I go to some other gulf country, would there be any ban on me in that country or any other consequences?
Kindly guide me.
As per law, it is the responsibility of the employer to give sufficient training to the employee. the proposed bond as per your question is subject to the labour contract and UAE labour law.
With effect from January 1, 2016, the 'Ministerial Order Decree No. 765 of 2015 issued by the Ministry of Human Resources and Emiratisation (the 'Ministry') on Rules and Conditions for Termination of Employment Relations' has come into force.
Article 1 (1) of the aforementioned Ministerial Order states: "An employment relationship between the employer and worker may be terminated as follows:
In the case of fixed-term contracts (approved by the ministry for a term of no more than two years), an employment relationship is terminated if any of the following instances occur:
1. The term of the contract expires and the contract is not renewed.
2. The employer and worker mutually consent to terminate the contract during the course of its term.
3. Either party (employer or worker) acts unilaterally to terminate the contract and complies with the legal steps described in clause (4) of this article. The terminating party bears any legal consequences of early termination.
4. Either party (employer or worker) acts unilaterally to terminate a renewed term contract, whether renewal has occurred before or after this decree enters into effect, provided the terminating party complies with the following legal steps:
In accordance with the aforesaid regulation, you and your employer may mutually consent to terminate the contract before the expiry of the term of the current employment contract.
In case you intend to terminate your employment contract after its renewal then the terms of the renewed employment contract will apply and the contract period may be changed to unlimited period contract if it is mutually agreed by you and your employer.
It is necessary here to carefully handle the contractual documents if any been proposed/entered between the parties.
