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Abu Dhabi, UAE

Resignation from a hospital to take another governmental offer

I am working as a registered nurse in Abu Dhabi in a reputed hospital. Recently, I got an offer from a government hospital. I am planning to resign from my hospital, but they said that they will issue a 1-year ban against me and I need to pay 3 months salary.

My contract is limited and I have just completed my 2 months.

Would anyone give me a clear idea?

Nour Attorneys & Legal Consultants
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12 Apr 2020, 04:53

Dear questioner,

If you are joining a Gov. then your ban with MOL does not affect your visa with Immigration (GOV. Visa).

For the compensation, it is better to review your offer to ensure if you can resign without notice on the probation period or not. Also, contact the labor department for more information.

* Contact us to provide you with legal advice or legal services via phone or email.

* Legal Disclaimer: This is legal guidance; this is not legal advice or consultation, which requires facts, documents and circumstances examination.

Taken Care & Answered by,

Mohamed Noureldin

Legal Consultant (Licensed in Dubai)

Dr Amira Al Bastaki Advocates and Legal Consultants
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12 Apr 2020, 06:29

According to Article 116 of the Labor Law, “If the worker terminates the contract for a reason other than the reasons stipulated in Article 121, the worker is obligated to compensate the employer for the loss that he may have incurred as a result of the termination.

From the contract, provided that the compensation amount does not exceed half a month's wages for a period of three months or the remaining period of the contract, whichever is shorter, and that's all unless there is a text in the contract stating otherwise.

And therefore, the compensation paid to the employer is only a month and a half.

As for the ban, please go to the labor office to inquire about it.

For further assistance, you can contact us via email.

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Elnaggar & Partners
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13 Apr 2020, 11:58

Dear questioner,

Due to your limited contract, you will be entitled to pay the employer 45 days' salary as compensation to terminate the contract, not 3 months. Regarding the labor ban, yes they can do that and you will release easily after getting the new offer from the new hospital.

Please feel free to contact me via phone or email.

Thanks!

Bin Eid Advocates & Legal Consultants
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14 Apr 2020, 01:50

If you will resign in the limited contract, you have to pay the compensation as mentioned in your labor contract which can be a maximum of 3 months' basic salary and your company can request the labor department for a year ban.

You can join Government and Freezone entity in the labor ban.

You can contact us for more consultation.

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