Questions & Answers
Resignation during the probation period and employer's rights
Dear sir,
I am an employer of a ladies' salon. I want to ask for advice on this below matter.
Recently, we have hired an employee in Nov 2019. She has not completed the probation period; her contract is an unlimited contract.
The employee does not have any discipline, how to talk with her?
On 02/04/2020, without a notice period, I received a resignation in addition to asking to cancel the visa.
So, in this case, how can you help me?
For early resignation, are there any rules to get compensation from the employee (45 days)?
Please advise, your advice will be highly appreciated!
Thanks!
Dear questioner,
What the employee did is her absolute legal right and she is not entitled to pay any compensation for you. Why? because the contract is unlimited and she is still under probation period.
The 45 days salary compensation which you mean is for the limited contract.
Please feel free to contact me via phone for any further inquiries.
Thanks!
Dear questioner,
She should have given you notice and should work during the notice period, therefore, you can file a complaint in MOHRE (Twafouq 80060) and demand a year ban and compensation. You have no liability to pay for the ticket.
Any non-national employee who absents himself from work without lawful reasons prior to the end of the contract for a limited period, may not take up employment elsewhere even with the consent of the employer for one year after the date on which he absented himself from duties. And no other employer who is aware of that may employ or keep such employee in his service during such period.
If the non-national employee has notified the employer of his desire to terminate the contract with unlimited period and has absented himself from work before the end of the legal notice period, he may not take up employment elsewhere before the lapse of one year from date of absence from work, even with consent of employer, and no other employer, who is aware of the case may recruit him or keep him in service till the end of such period.
6 months automatic ban is applied by MOHRE for termination of the contact before less than six months’ period, this provision is waived for workers who qualify for skill levels 1, 2 and 3, as per the MOHRE’s classification.
Feel free to contact me via phone or email for further assistance.
Dear questioner,
For unlimited contracts, there is no penalty.
* Contact us to provide you with legal advice or legal services.
Taken Care & Answered by,
Mohamed Noureldin
Legal Consultant (Licensed in Dubai)
