Questions & Answers
Blocking an employee's visa in case of resignation before the end of his limited contract
I was working in a company for 1 year and 10 months. My visa is about to expire; in July.
My contract is limited. I got a job offer in another Emirate. I requested my employer for resignation. In the beginning, he accepted and hired another employee, but lastly, he did not accept my resignation.
I told him that I will serve 1 month notice period and I am willing to pay 45 days salary. Now, he is threatening me that he will block my visa.
I want to know if there is a possibility of blocking my visa.
Please clarify this situation and I want to know the rights.
Dear Questioner,
Thank you for contacting me!
As per Article 116 of UAE Labor Law, if the employee revokes the contract for reasons other than those specified in Article (121), he shall be required to compensate the employer for any damage the latter sustains, as a result, provided that the amount of compensation shall not exceed half a month wage for three months or for the remaining period of the contract, whichever is shorter unless otherwise stipulated in the contract.
In your case, you shall compensate the employer with half a month's salary for the balance period only.
If your employer has accepted your resignation in writing, the same is considered as termination with mutual consent.
The Ministry of Human Resources and Emiratization (MOHRE) may issue a ban against the employee at its discretion upon receiving a complaint from the employer.
Regards,
Rajasree Ravivarma
