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Dubai, UAE

Employee's right to resign without notice for salary non-payment

Dear Madam,

I am working in Dubai. My company is not paying salaries (Almost 5 salaries). In this case, can I resign from the company without notice?

Also, I have another offer from one company and they are asking to cancel my visa from the current company as soon as possible.

How can I deal with the situation without losing the pending salaries & EOSB?

If I resigned without notice, does it affect my joining in the other company?

If I am going through labour court, how long it will take to finish the process for the visa cancellation & other formalities?

Kochhar & Co Inc. Legal Consultants (Dubai Branch)
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9 Dec 2019, 14:13

My company is not paying salaries (Almost 5 salaries).

- You need to file a case.

In this case, can I resign from the company without notice?

- You are allowed to leave the place of work without notice if the employer does not fulfil his obligations towards the employee for non-payment in accordance with Article 121 of the law.

Also, I have another offer from one company and they are asking to cancel visa from the current company as soon as possible.

- If you cancel the visa, you have to sign a document that you received your dues. But you can always say that there is no proof of payment.

How can I deal with the situation without losing the pending salaries & EOSB?

- IF YOU DON'T CANCEL THE VISA AND FILE A CASE, then apply for a temporary work permit.

IF YOU CANCEL THE VISA AND THEN FILE THE CASE - THE EMPLOYMENT CONTRACT WILL BE AN ISSUE. ALTERNATIVELY, YOU FILE A COMPLAINT TO CANCEL THE VISA AND PAY YOUR DUES.

If I resigned without notice, is it affect my joining in the other company?

- NO, BUT YOU NEED TO CANCEL ONE VISA TO BE ON THE OTHER.

If I am going through labour court, how long it will take to finish the process for the visa cancellation & other formalities?

- DEPENDS on HOW LONG THE EMPLOYER STALLS

10 Dec 2019, 06:52

Dear Madam,

Thanks for your reply.

After My resignation (with or without notice), can I file a case & apply for a temporary work permit if they are not cancelling my visa?

if I apply for a temporary work permit, how long it will take to grant it from the court?

10 Dec 2019, 07:48

Once the matter is before the court, you can apply. It is pretty quick.

Temporary work permit

You can apply for a work permit at Tasheel with the offer letter, trade license and PRO card of the new company.

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