Questions & Answers
Working beyond the notice period specified in the contract
I am currently working for a free zone company in DAFZA. The job is not going well for me and I would like to leave. I signed a three-year contract and it has been nine months so far.
My contract states that I need to give one month notice but my employer wants me to stay for two months. He says it is company policy not to accept the breach of contract compensation, hence I must serve two months without pay.
I am supposed to pay him for three months half pay, and he is refusing to allow me to pay that and serve one month notice. I am even thinking of just absconding and going back to my country. Will I get a labour ban and immigration ban?
I received an offer from one of our clients as well, but my contract has a non-competition clause. Does this apply, given that the two companies are in different industries, one is a supplier of products and the other is a consultancy service provider?
I am considering going back to my home country as my employer is being unreasonable on the 2 months notice.
First of all, you should not abscond as this will result in imposing a ban on you.
Although we have not seen your contract, the basic rule of law is that the employer internal policy cannot override the labour law.
Finally, if the two companies are not competitors, then the non-competition clause is unenforceable.
We will need to check your contract for a more detailed advice. You can contact me on 050-2854783 or write to me on shoeb@shoebsaher.com
